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HomeMy WebLinkAboutResolutions - 2014.04.30 - 21310MISCELLANEOUS RESOLUTION #14094 April 30, 2014 BY: GENERAL GOVERNMENT COMMITTEE, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - 2013-2014 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING PROGRAM (IIM_EP-PP) GRANT AGREEMENT TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title requires the planning and provisions for community right-to-know on extremely hazardous substances in local communities; and WHEREAS the Oakland County Local Emergency Planning Committee (LEPC) has been organized and meets minimum criteria in performing planning functions; and WHEREAS the Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) grant provides funds to LEPCs for the purpose of enhancing hazardous material response planning; and WHEREAS an application was submitted, and Oakland County has been notified that the LEPC is eligible to receive $9,940 for the submittal for new and updated plans during the grant period of October 1, 2013 through September 30, 2014; and WHEREAS the required 25% in kind match of $2,485 will be used for PTNE staff salary to support the LEPC planning effort; and WHEREAS no reports are required and the funds will be received upon submittal of the plans as a work product; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes acceptance of the Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) grant in the amount of $9,940 from the Michigan Department of State Police, Emergency Management and Homeland Security Division. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement of $9,940 and a 25% match of $2,485 for a total of $12,425 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. GENERA', GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Crawford and Hatchett absent. GRANT REVIEW SIGN OFF — Homeland Security GRANT NAME: 2014 Hazardous Materials Emergency Preparedness (HMEP) FUNDING AGENCY: Michigan State Police Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Sara Stoddard 248 858-5080 STATUS: Grant Acceptance DATE: March 24, 2014 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 place 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 (3/12/2014) Department of Human Resources: HR Approved. —Lori Taylor (3/12/2014) Risk Management and Safety: Approved by Risk management. — Robert Erlenbeck (3/13/2014) Corporation Counsel: Approved with possible modification: Paragraph III.B is a new provision that wasn't in last year's grant. It gives the U.S. Pipeline and Hazardous Materials Safety Admin a "royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use..." copyrighted material produced or obtained with grant support, including a copyright that could potentially belong to a contractor. If there's a possibility that copyrighted material is involved with this grant money, then I recommend either removing paragraph III.B (if possible) or making sure that any contracts/subcontracts related to this agreement make clear that the contractor/subcontractor is aware and will comply with III.B. — Nicole B. Tabin (3/21/2014) COMPLIANCE The grant agreement references an extensive number of federal and state regulations. Please refer to the documents for specifically cited compliance requirements for this grant. From: VanPelt, Laurie To: West, Catherine; Julie SeContine; Lori_laylor; Pat Davi Cc: Stoddard., Sara; aulsenberrytaoakciov.com ; pisacreta. Antonio; Metrick, Tammy Subject: Re: GRANT REVIEW; Health and Human Services, Homeland Security Division - 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)- Grant Agreement Date: Wednesday, March 12, 2014 4:11:52 PM Approved. ---- Original message --- >Date: Wed, 12 Mar 2014 14:39:25 -0400 >From: "West, Catherine" <westca@oakgov.com > >Subject: GRANT REVIEW: Health and Human Services, Homeland Security Division - 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)- Grant Agreement >To: "Julie Secontine" <secontinej@oakgov.com >,"Laurie VanPelt" <vanpeltl@oalcgov.com >,"Lori Taylor" <taylorlo@oakgov.com>,"Pat Davis" <davisp@oakgov.com > >Cc: "Stoddard, Sara" <stoddards cgoakgov.com >,<quisenberryt@oakgov.com>,"Pisacreta, Antonio" <pisacretaa@oakgov.com>,"Metricic, Tammy" <metrickt@oakgov.com > GRANT REVIEW FORM > TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Lori > Taylor - Julie Secontine - Pat Davis > RE: GRANT CONTRACT REVIEW RESPONSE - Health & Human > Services, Homeland Security Division > 2013-2014 Hazardous Materials Emergency Preparedness > Planning Program (HMEP-PP) Agreement > Michigan State Police Emergency Management and > Homeland Security Division > Attached to this email please find the grant > document(s) to be reviewed. Please provide your > review stating your APPROVAL, APPROVAL WITH > MODIFICATION, or DISAPPROVAL, with supporting > comments, via reply (to all) of this email. > Time Frame for Returned Comments: March 19, 2014 GRANT INFORMATION Date: March 12, 2014 Operating Department: Health & Human Services, From: Taylor. Lori To: "West. Catherine; "Julie Secontine; "Laurie VanPelt"; "Pat Davit Cc: "Stoddard. Sara"; (Usenberryttaoakgov.com ; "Pis:crpta, Antonio"; "Metrick, Tammy" Subject: RE: GRANT REVIEW: Health and Human Services, Homeland Security Division - 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)- Grant Agreement Date: Wednesday, March 12, 2014 4:01:59 PM HR Approved Lori Taylor Manager-Human Resources Recruitment & Workforce Planning Oakland County Michigan 2100 Pontiac Lake Road Waterford, MI 48328 taylorloPoakgov.com W_Ww—oakea_Y—CanDijatis, Phone: 248-858-0548 Fax: 248-858-8391 From: West, Catherine [mailto:westca@oakgov.com] Sent: Wednesday, March 12, 2014 2:39 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Stoddard, Sara; quisenberryt©oakgov.com ; Pisacreta, Antonio; Metrick, Tammy Subject: GRANT REVIEW: Health and Human Services, Homeland Security Division - 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)- Grant Agreement GRANT REVIEW FORM TO: REVIEW DEPARTMENTS Laurie Van Pelt— Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health & Human Services, Homeland Security Division 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) Agreement Michigan State Police Emergency Management and Homeland Security Division Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: March 19, 2014 GRANT INFORMATION Date: March 12, 2014 From: Erlenbeck, Robert To: "West, Catherine; "Julie Secontine"; "Laurie VanPelt"; "Lori Taylor; "Pat Davis" Cc: "Stoddard Sara"; nuisenherryttaoakoov,com; "Pisacreta, Antonio"; "Metrick, Tammy" Subject: RE: GRANT REVIEW: Health and Human Services, Homeland Security Division - 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)- Grant Agreement Date: Thursday, March 13, 2014 4:48:11 PM Approved by Risk management. R.E. 3/13/14. From West, Catherine [mailto:westca©oakgov.corni Sent: Wednesday, March 12, 2014 2:39 PM To Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Stoddard, Sara; quisenberryt@oakgov.com ; Pisacreta, Antonio; Metrick, Tammy Subject: GRANT REVIEW: Health and Human Services, Homeland Security Division - 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)- Grant Agreement GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt— Lori Taylor Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health & Human Services, Homeland Security Division 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) Agreement Michigan State Police Emergency Management and Homeland Security Division Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: March 19, 2014 GRANT INFORMATION Date: March 12, 2014 Operating Department: Health & Human Services, Homeland Security Division Department Contact: Sara Stoddard Contact Phone: 248 858-5080 Document Identification Number: HM-HMP-0347-13-01-00 REVIEW STATUS: Agreement - Resolution required Funding Period: 10/01/13 through 9/30/14 New Facility/Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None From: Tabin. Nicole Bernadette To: "West. Catherine" Cc: "Stoddard. Sara"; aulsenberrvtOoakdov.com Subject: RE: GRANT REVIEW: Health and Human Services, Homeland Security Division - 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)- Grant Agreement Date: Friday, March 21, 2014 2:54:02 PM Approved with possible modification: Paragraph 1113 is a new provision that wasn't in last year's grant. It gives the U.S. Pipeline and Hazardous Materials Safety Admin a 'royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use.„" copyrighted material produced or obtained wlth grant support, including a copyright that could potentially belong to a contractor. if there's a possibility that copyrighted material is involved with this grant money, then I recommend either removing paragraph 111.8 (If possible) or making sure that any contracts/subcontracts related to this agreement make clear that the contractor/subcontractor is aware and will comply with 111.3, _ iDAKLArsiD . IJ SY MI H; C, Nicole B. Tabin Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3 rd Floor Pontiac, MI 48341 Phone Number: (248) 858-1475 Fax Number: (248) 858-1003 E-mail: tabinn@oakgov.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. From: West, Catherine [mailto:westca©oakgov.com ] Sent: Wednesday, March 12, 2014 2:39 PM To Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Stoddard, Sara; quisenberryt©oakgov.com ; Pisacreta, Antonio; Metrick, Tammy Subject: GRANT REVIEW: Health and Human Services, Homeland Security Division - 2013-2014 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)- Grant Agreement STATE OF MICHIGAN DEPARTMENT OF STATE POLICE LANSING COL. KERSTE KIBREY ETUE nFREGToR RICK SNYDER covERNoR February 24, 2014 Mr, Theodore Quisenberry, Administrator Oakland County Homeland Security 1200 N. Telegraph Road Pontiac, Michigan 48341 Dear Mr. Theodore Quisenberry: Enclosed is the 2013-2014 Hazardous Materials Emergency Preparedness (HMEP) Planning Program Grant Agreement package for the County of Oakland. Please return the required grant documentation listed on the enclosed Subgrantee Checklist to our office at the following address: Attention: Ms. June Martin Emergency Management and Homeland Security Division Michigan Department of State Police 4000 Collins Road Lansing, Michigan 48910 Additional information on the 2013-2014 HIMEP Grant can be found at www.phmsa.dot.gov/hazmat/grants. This grant agreement and all required attachments must be completed, signed, and returned no inter than April 22, 2014. If this requirement is not met, this grant agreement will be invalid after April 22, 2014, unless a prior written exception is provided by the Michigan Department of State Police, Emergency Management and Homeland Security Division. If you have any questions regarding this correspondence or the 2013-2014 HMEP Grant Program, please contact Mr. Jay Eickholt at Eickholt.il©.michigan.gov or (517) 333-4416. Sincerely, Chris A, Kelenske, Captain Deputy State Director of Emergency Management and Homeland Security Enclosures (1 0) cc: LEPC Chairperson (letter only) MSP/EMHSD District Coordinators (letter only) EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION o 4000 COLLINS ROAD o LANSING, MICHIGAN 48910 orww.rnichigan.gov!msp I517) FEE-RISE SUBGRA TEE CHECKLIST 2013-2014 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (MEP) PLANNING PROGRAM GRANT AGREEMENT CFDA No: 20.703 Submit 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 ISUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS ARE RECEIVED LI 1. Grant Agreement (NOTE: There are two (2) identical grant agreements enclosed. Please sign both, but retain one signed document for your records and return the other signed document.) 0 2. HMEP 2013-2014 Planning Grant Agreement In-Kind Match form 0 3. Standard Assurances LI 4. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements 7 5. State of Michigan Audit Certification (EMD-053) Li 6. Request for Taxpayer Identification Number and Certification (W-9) 7. 2013-2014 SARA Title Ill Hazardous Materials, Off-site Emergency Response Plan Update List NOTE: The Plan Update List does not need to be completed and returned with your 2013-14 HMEP Planning Program grant agreement. This form is to be used if and when a list of updated plans is submitted for your grant. The Plan Update List form can be submitted directly to the SARA Title III Planner at the MSP/EMHSID when you have completed all plan updates for the grant year. POST REIMBURSEMENT REQUIREMENTS Participate with Subgrantor in an or-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 OMB Circular, A-133, If required, the Subgraritee submits audit copy to: Michigan Department of Education, Office of Audits, Hannah Building, 4th Floor, P.O. Box 30008, 608 West Allegan, Lansing, Michigan 48909. For GRANT QUESTIONS, PLEASE CONTACT MR. JAY ElCKHOLT AT EICKHOLTJI@MICHIGAN.GOV OR (517) 333-4416. State of Michigan 2013-2014 Hazardous Materials Emergency Preparedness Planning Program Grant Agreement October 1, 2013 to September 30, 2014 CFDA Number: 20.703 Grant Number: 1-111f1-1-IMP-0347-13-01-00 This 2013-2014 Hazardous Materials Emergency Preparedness (HMEP) Planning Program grant agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Subgrantor), and COUNTY OF OAKLAND (hereinafter called the Subgrantee) I. Purpose The purpose of this grant agreement is to provide federal funds to the Subgrantee for the development of new Superfund Amendments and Reauthorization Act (SARA), Title Ill , Section 302, hazardous materials emergency response plans, as well as for the updating of previously submitted plans. This grant agreement provides financial assistance to first responders (fire, law enforcement, emergency medical services, etc.) for allowable costs in the following areas: A. Provision of assistance to public sector employees through planning grants to states, territories, and Native American tribes for emergency response. B. Increased state, territorial, tribal, and local effectiveness in implementation of the federal Emergency Planning and Community Right-to-Know Act of 1986. C. Encouragement of a comprehensive approach to emergency planning by incorporating the unique challenges of response to transportation situations. II. Statutory Authority Funding for the 2013-2014 HMEP Grant Program is authorized by Federal Hazardous Materials Transportation Law (49 U.S.C. Section 5101 et, seq.). The Subgrantee agrees to comply with all program requirements and regulations, including, but not limited to the following, as applicable: A. 49 CFR, Part 110 Hazardous Materials Public Sector Training and Planning Grants. B. 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. 2 CFR, Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87). D. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whitehouse.gov/ombicircuiars_default, which is incorporated by reference into 49 CFR Part 18. E. Public Law 107-300, Improper Payments Information Act (IPIA) of 2002, located at http://www_doLgov/ocfo/mediairegs/IPIA.pdf. F. 49 CFR, Part 32, Govemmentwide Requirements for Drug-Free Workplace (Financial Assistance), which implements the requirements of Public Law 100-690, Title V, Subtitle D, Drug-Free Workplace Act of 1988. Code of Federal Regulations (CFR) documents are located online at http://www.ecfr.gov . 2013-2014 HMEP Planning Grant County of Oakland Page 2 of 7 Ill. Award Amount and Restrictions A. The County of Oakland is awarded $9,940.00 under the 2013-2014 HMEP Planning Program Grant Agreement. This funding will be awarded as described in Hazardous Materials Emergency Preparedness Planning Grant Instructions 2013-2014 attached to this grant agreement, and is based on information provided in the HMEP grant application submitted for the 2013-2014 grant year. This allocation is dependent upon the level of federal funding and may be reduced if federal funding is reduced. Any unused grant funds remaining at the end of the grant year will be used to increase the reimbursement for accepted new SARA Title III plans submitted by participating Local Emergency Planning Committees (LEPCs). The Subgrantee's payment per new plan will be recalculated using these funds and the award to the Subgrantee for the number of new plans it submitted will be adjusted. This may affect the match amount required for this grant. Based on the Subgrantee's application, a match amount of $2,485,00 is required. However, the Subgrantee must be prepared to match all funds received through this contract (which equates to 25% of any federal funds received), as noted in Section III, D of the Hazardous Materials Emergency Preparedness Planning Grant Instructions 2013-2014 that are attached to this grant agreement. B. The United States Pipeline and Hazardous Materials Safety Administration (PHMSA) reserves the right to a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: 1. The copyright on any work developed under this grant, subaward, or contract under a grant subaward 2. Any rights of copyright to which the Subgrantee, Subgrantee's subrecipient, or a contractor purchases ownership with grant support. IV. 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 will be carefully reviewed in subsequent monitoring reviews and audits. 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. In addition to this grant agreement, the Subgrantee shall complete, sign, and submit to the Subgranter the following documents, which are incorporated by reference into this grant agreement: 1. HMEP 2013-2014 Planning Grant Agreement In-Kind Match form 2. Standard Assurances 3. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements 4. State of Michigan Audit Certification (EMD-053) 5. Request for Taxpayer Identification Number and Certification (W-9) 6. 2013-2014 SARA Title III Hazardous Materials, Off-site Emergency Response Plan Update List NOTE: The Plan Update List does not need to be completed and returned with your 2013-2014 HMEP Planning Program grant agreement. This form is to be used if and when a list of updated plans is submitted for your grant. The Plan Update List form can be submitted directly to the SARA Title Ill Planner at the MSP/EMHSD when you have completed all plan updates for the grant year. 7. Other documents that may be required by federal or state officials C. The Subgrantee agrees to comply with all applicable federal and state regulations, including, but not limited to, the following: 1. Meet the LEPC eligibility requirements, as stated in the attached Hazardous Materials Emergency Preparedness Planning Grant instructions 2013-2014, Section II. 2013-2014 HMEP Planning Grant County of Oakland Page 3 of 7 2. Submit new SARA Title III (Section 302) community hazardous materials emergency response plans to the Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD) no later than July 1, 2014. Support Grant documentation must meet the requirements stated in the attached Hazardous Materials Emergency Preparedness Planning Grant Instructions 2013-2014, Section iV.B., or forfeit that portion of the grant award. 3. Submit a list of updated SARA Title lii (Section 302) community hazardous materials emergency response plans to MSP/EMHSD no later than July 1, 2014. The form for submitting these updates is available on the MSP/EMHSD Web site at http://www.michigan.gov/emhsd . Support Grant documentation must meet the requirements stated in the attached Hazardous Materials Emergency Preparedness Planning Grant Instructions 2013-2014, Section IV. B., or forfeit that portion of the grant award. 4. Comply with the National Incident Management System (NIMS). NIMS information is available at http://www.fema.gov/emergency/nims . More information on complying with NIMS is available from the State NIMS Coordinator. 5. Integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347 and the Rehabilitation Act of 1973. 6. Comply with applicable financial and administrative requirements set forth in the current edition of 49 CFR, Part 18, 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 Governments, and Non-Profit Organizations, as further described in 49 CFR, Part 18. 7. Comply with the Deportment of Transportation's policy for contracting with small and minority firms, women-owned business enterprises, veteran owned, and HubZone area firms. The Subgrantee and any of the Subgrantee's subrecipients are encouraged to take all necessary affirmative steps to assure that small, women-owned, minority disadvantaged businesses, veteran, and HubZone business firms are used when possible. 8. Upon request, supply information to the Subgrantor, as required, to address federal reporting requirements relevant to the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public Law 109-282), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (Public Law 110-252). V. Responsibilities of the Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this grant agreement, will: A. Administer the grant in accordance with all applicable federal and state regulations and guidelines and submit required reports to the awarding federal agency. B. Provide direction and technical assistance to the Subgrantee. C. Provide to the Subgrantee any special report forms and reporting formats (templates) required for administration of the program. 2013-2014 HMEP Planning Grant County of Oakland Page 4 of 7 a Reimburse the Subgrantee, in accordance with this grant agreement, based on appropriate documentation submitted by the Subgrantee. E. At its discretion, independently, or in conjunction with the federal awarding agency, conduct random on- site reviews of the Subgrantee(s). VI. Reporting Procedures Submit new and updated SARA Title III (Section 302) community hazardous materials emergency response plans, and identify which facility plans were updated on the attached Plan Update List form as stated in the 2013-2014 application to MSP/EMHSD, no later than July 1, 2014. Complete instructions on how and where to submit required reports can be found in the Hazardous Materials Emergency Preparedness Planning Grant Instructions 2013-2014 that are attached to this grant agreement. If a Support Grant was requested, the LEPC must meet the requirements stated in the attached Hazardous Materials Emergency Preparedness Planning Grant Instructions 2013-2014, Section IV.B., or forfeit that portion of the grant award. VII. Payment Procedures Upon receipt, review, and acceptance of all work products and other requirements, as referenced in this contract, the Subgrantor will calculate the payment to be made to the Subgrantee and will forward this information to the Subgrantee. See the Hazardous Materials Emergency Preparedness Planning Grant Instructions 2013-2014 document attached to this grant agreement for further information. All Subgrahtees in the HMEP grant program must submit documentation on the associated costs being charged to the $1,000.00 HMEP support grant. The eligible expenses are laid out in the HMEP $1,000.00 Support Grant Certification Form, which will be mailed to each LEPC at the close of the federal fiscal year. When a LEPC enters information into this form, the cost will need to be supported by a receipt, time sheet (reflecting hours worked on SARA related planning issues), purchase order or a paid invoice. The support grant form and attachments must be returned to MSP/EMHSD by the assigned due date. VIII. Employment Matters The Subgrantee shall comply with Title VI of the Civil 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 Ill of the Americans with Disabilities Act of 1990; the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq.; the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., 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 must comply with 2 CFR 1200, Nonprocurement Suspension and Debarment, located at http://yvww.ecfegov. 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://www.sam.gov. 2013-2014 HMEP Planning Grant County of Oakland Page 5 of 7 The Subgrantee shall comply with regulation 49 CFR, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation — Effectuation of the Title VI of the Civil Rights Act of 1964 (see related certification form contained as an attachment to this grant agreement). Subgrantee shall comply with regulation 49 CFR Part 20 relating to New Restrictions on Lobbying (see related certification form contained as an attachment to this grant agreement). 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 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 their favor. Xl. Grant Agreement Period This grant agreement is in full force and effect from October 1, 2013 to September 30, 2014. 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 package consists of two identical grant agreements, simultaneously executed; each is considered an original having identical legal effect. This grant agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the grant agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to reimburse the Subgrantee. XII. 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 may assign 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 or personnel affecting this grant agreement. Changes in dates, budget, or services are subject to prior written approval 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: A. Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. B. Failure to comply with the requirements or statutory objectives of federal or state law, C. Failure to follow grant agreement requirements or special conditions. D. Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding. 2013-2014 HMEP Planning Grant County of Oakland Page 6 of 7 E. Failure to submit required reports. F. Filing of a false certification in the application or other report or document. G. Failure to adequately manage, monitor or direct the grant funded activities of its subrecipients. Before taking action, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIII. Business Integrity Clause The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to the application for or performance of a state, public, or private grant or subcontract; or convicted of a criminal offense, including, but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under state or federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity. 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 critical to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. The Subgrantee should be familiar with the regulations governing Protected Critical Infrastructure Information (6 CFR Part 29) and Sensitive Security information (49 CFI Part 1520), as these designations may provide additional protection to certain classes of homeland security information. 2013-2014 HMEP Planning Grant County of Oakland Page 7 of 7 XV_ Official Certification For the Subtuantee 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. Subgrantee Name Subgrantee's DUNS Number Printed Name Title Signature Date For the Subgrantor (Michigan State Police, Emergency Management and Homeland Security Division) Chris A. Kelenske, Captain Deputy State Director of Emergency Management and Homeland Security Title Printed Name 2/24/2014 Date Signature FISCAL NOTE . (mTSC #14094) April 30, 2014 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2013-2014 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING PROGRAM (HMEP-PP) GRANT AGREEMENT 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 resolution recognizes the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title III which requires the planning and provision for community right to know on extremely hazardous substances in local communities. 2. A grant application was submitted and Oakland County has been notified that the Local Emergency Planning Committee (LEPC) was eligible to receive up to $9,940 for the submittal of new and updated plans during the grant period October 1, 2013 through September 30, 2014. 3. This grant requires an in-kind grant match of $2,485 in General Fund expenditures bringing the total program costs to $12,425. 4. The FY 2014 Budget is amended as follows to reflect the grant award: GENERAL FUND (10100) Project ID 100000001941 Revenue 1060601-115180-610313 Federal Operating Grants Total Revenue FY 2014 Amendment $ 940 $ 940 Expense 1060601-115180-702010 Salaries ($ 60) 1060601-115180-730072 Advertising $ 1,000 Total Expense $ 940 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Taub and Crawford absent. Resolution #14094 April 30, 2014 Moved by Taub supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gershenson, 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). i HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING 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 April 30, 2014, 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 30th day of April 2014. Lisa Brown, Oakland County