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HomeMy WebLinkAboutResolutions - 2015.08.13 - 21963MISCELLANEOUS RESOLUTION #15214 August 13, 2015 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION — EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2015 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan Department of State Police, Emergency Management and Homeland Security Division has awarded Oakland County the 2016 Emergency Management Performance Grant (EMPG) funding in the amount of $52,344 for the period of October 1, 2014 through September 30, 2015; and WHEREAS the Homeland Security Division was notified of available grant funding via a letter dated July 7, 2015; and WHEREAS this is the 43rd 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 $52,344; and WHEREAS the EMPG grant in FY2014 was $55,418 which is an decrease of $3,074.00 in FY2015; 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 Department of State Police, Emergency Management and Homeland Security Division for the 2015 Emergency Management Performance Grant (EMPG) in the amount of $52,344 for Fiscal Year 2015 with a 50% match from the County in the amount of $52,344 for total funding of $104,688. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to continue to fund any special revenue positions if/when the grant expires. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Matis absent. HEREBY APPROVE THIS RESOLUTION CHEF DEPUTY COUNTY SXECUTIVE ACTING PURSUANT TO MCL 45.659A (7) C/14 j GRANT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: 2015 Emergency Management Performance Grant (EMPG) FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Sara Stoddard 248 858-5080 STATUS: Grant Acceptance DATE: July 20, 2015 Pursuant to Misc. Resolution 413180, 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 (7/14/2015) Department of Human Resources: HR Approved (No Committee) Continues Position — Lori Taylor (7/14/2015) Risk Management and Safety: Approved by Risk Management. —Robert Frlenbeck (7/16/2015) Corporation Counsel: There are no outstanding legal issues with the Grant Acceptance, so the Acceptance is approved. 1 do have a question regarding what's listed as Article V in the "Agreement Articles Applicable to Subrecipients" attached at the end of the Grant Acceptance, which relates to any recipient that collects Personally Identifiable Information (P11). I am unaware of whether Homeland Security collects PII, but if it does, it must have a publically-available privacy policy in place. — Steve Rideout (7/15/2015) From: Van Pelt, Laurie M To: West. Catherine A; Secontine Julie L; Taylor Lori; Davis, Patricia G Cc: Stoddard, Sara D; Oulsenberry. Theodore H; Pisacreta, Antonio S; ScaIf, Bonnie I, Subject: RE: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2015 Emergency Management Performance Grant (EMPG) - Grant Acceptance Date: Tuesday, July 14, 2015 1:48:32 PM Approved. From: West, Catherine A Sent: Tuesday, July 14, 2015 1:37 PM To: Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G Cc: Stoddard, Sara D; Quisenberry, Theodore H; Pisacreta, Antonio 5; Scalf, Bonnie L Subject: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2015 Emergency Management Performance Grant (EMPG) - Grant Acceptance 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 2015 Emergency Management Performance Grant (ENIPG) 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: July 22, 2015 GRANT INFORMATION Date: July 14, 2015 Operating Department: Homeland Security Division Department Contact: Sara Stoddard Contact Phone: 8-5080 Document Identification Number: EMW-20 1 5 -EP-00029-S01 REVIEW STATUS: Acceptance — Resolution Required Funding Period: 10/1/2014 through 9/30/2015 Original source of funding: FEMA, CFDA #97.042 Will you issue a sub award or contract: No New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No Funding Continuation/New: Continuation Application Total Project Amount: 52,344.00 Prior Year Total Funding: $55,418.00 New Grant Funded Positions Request: No RICK SNYDER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF STATE POLICE LANSING „ ' -• ' COL. KIISTE KIBBEY ETUE DIRECTOR July 7, 2015 Dear Local Emergency Management Coordinator: Enclosed is the Fiscal Year 2015 (FY 2015) Emergency Management Performance Grants (EMPG) Grant Agreement package. Please return the required grant documentation listed on the enclosed Subrecipient 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 Reimbursement for the EMPG program is contingent upon completion of the activities in the signed Emergency Management Annual 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 completion 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, please refer to Section II (Statutory Authority) and Section IV (Responsibilities of the Subrecipient) in the FY 2015 EMPG Grant Agreement. This grant agreement and all required attachments must be completed, signed, and returned no later than September 9, 2015. If this requirement is not met, this grant agreement will be invalid after September 9, 2015, unless a prior written exception is provided by the Michigan State Police, Emergency Management and Homeland Security Division. Sincerely, Capt. Chris A. Kelenske, Commander Deputy State Director of Emergency Management and Homeland Security Enclosures (7) EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION • 4000 COLLINS ROAD • LANSING, MICHIGAN 48910 www.michlgan.gov/msp • (517) 336-6198 State of Michigan FY 2015 Emergency Management Performance Grants Grant Agreement October 1, 2014 to September 30, 2015 CFDA Number: 97.042 Grant Number: EMW-2015-EP-00029-S01 This Fiscal Year (FY) 2016 Emergency Management Performance Grants (EMPG) grant agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Recipient), and the COUNTY OF OAKLAND (hereinafter called the Subrecipient) I. Purpose The purpose of this grant agreement is to provide federal pass-through funds to the Subrecipient 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 2015 EMPG program plays an important role in the implementation of the National Preparedness System (N PS) 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, ail-of-nation/whole community, risk driven, capabilities-based approach to preparedness. In support of the Goal, the FY 2015 EMPG program supports a comprehensive, all-hazard emergency preparedness system to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. For more information on NPS, federally designated priorities, and the FY 2015 EMPG objectives, as well as guidance on allowable costs and program activities, please refer to the FY 2015 EMPG Notice of Funding Opportunity (NOF0) located at http://www.fema.gov/grants. IL Statutory Authority Funding for the FY 2015 EMPG is authorized by Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. § 762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. §§ 7701 et seq.); and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (42 U.S.C. §§ 4001 et seq.). Appropriation authority is provided by the Department of Homeland Security Appropriations Act, 2015, (Pub. L. No. 114-4). The Subrecipient agrees to comply with all EMPG program requirements in accordance with the federal FY 2015 . EMPG NOFO; the Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended at http://www.legislature.mi.gov/doc.aspx?mcl-Act-390-of-1976; and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub, L. No. 93-288) (42 U.S.C. §§ 5121 et seq.) located at http://www.femagov/robert-t-stafford-disaster-relief-and-emergency-assistance-act-public-law-93-288-amended . The Subrecipient shall also comply with the most recent version of: A. 2 CFR, Part 200 of the Code of Federal Regulations (CFR), Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards located at http://wvvw.ecfrgov . B. 44 CFR, Part 10, Environmental Considerations located at http://www.ecfr.gov . FY 2015 EMPG County of Oakland Page 3 of 8 B. The Subrecipient agrees to comply with all applicable federal and state regulations; the FY 2015 EMPG NOFO, the Agreement Articles Applicable to Subrecipients: Fiscal Year 2015 Emergency Management Performance Grants, and the EMPG Guidebook (EMD-PUB 208). Each of these documents is incorporated by reference into this grant agreement The Agreement Articles Applicable to Subrecipients: Fiscal Year 2015 Emergency Management Performance Grants document is included in the grant agreement packet. C. In addition to this grant agreement, the Subreciolent shall complete, sign, and submit to the Recipient the following documents, which are incorporated by reference into this grant agreement 1. Standard Assurances 2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements 3. Audit Certification (EMD-053) 4. Other documents that may be required by federal or state officials D. 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 2015 Work Agreement (EMD-31), as scheduled. E. Enact enabling legislation establishing the local emergency management program and ensure a copy of the local resolution or ordinance is on file with the Recipient. F. Appoint an emergency management program manager who is able to assume responsibility for the following functions: 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, logistics and resource management. Ensure that Executive Order #13347 entitled "Individuals with Disabilities in Emergency Preparedness" and the Rehabilitation Act of 1973 are being addressed. Further information on disability emergency preparedness programs can be found at hftp://vvww.disability.gov . 3. Planning and preparation for its appropriate role in response to natural and man-made emergencies and disasters. 4. Exercising the emergency operations plan of the jurisdiction. 5. Emergency management training. 6. Response and recovery from natural and man-made hazards, homeland security related incidents, and other emergencies that may threaten the safety and well-being of citizens and communities. 7. Promoting public awareness of hazards and encouraging family and individual preparedness. 8. Identifying and implementing measures to mitigate the negative impact of disasters and emergencies. 9. Comply with National Incident Management System (NIMS) requirements to be eligible to receive federal preparedness funds. NI MS information is available at hftp://www.fema.gov/national-incident- management-system . 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. G. Provide the Recipient with complete job description for the federally funded EMPG program manager, including non-EMPG duties. H. Notify the Recipient immediately of any changes in the EMPG funded program manager's position. I. The Subrecipient 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: FY 2015 EMPG County of Oakland Page 5 of 8 V. Responsibilities of the Recipient The Recipient, 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 Subrecipient. C. Provide to the Subrecipient any special report forms and reporting formats (templates) required for administration of the program. D. Reimburse the Subreclpient, in accordance with this grant agreement, based on appropriate documentation submitted by the Subrecipient. E. At its discretion, independently, or in conjunction with the federal awarding agency, conduct random on site reviews of the Subrecipient(s). VI. Reporting Procedures A. The Subrecipient agrees to prepare quarterly work reports using the "Emergency Management Fiscal Year 2015 Work Agreement/Quarterly Report Form' (EIVID-31) and submit them to the appropriate District Coordinator no later than 20 days following the end of each quarter. Reimbursement of expenditures by the Recipient is contingent upon the Subrecipient's completion of scheduled work activities. B. If the Subrecipient fails to complete the scheduled work activities during a quarter, the Recipient will withhold reimbursement until either the work is completed or the Deputy State Director of Emergency Management and Homeland Security approves a delay in the completion of the activity. If scheduled work activities are not completed by the end of the fiscal year, September 30, 2015, any balance of the EMPG award may be forfeited. C. A Subrecipient that fails to complete the annual exercise requirement, as scheduled within FY 2015 (specified in the Emergency Management Fiscal Year 2015 Work Agreement Form), may be ineligible for EMPG funding for that quarter and all subsequent quarters until the qualifying exercise is completed. D. The Subreciplent'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 VII. Payment Procedures A. The Subrecipient agrees to prepare the form EMD-007 "EMPG Expenses Claimed for Local Program Contributions". This form is also referred to as the "EMPG Quarterly Billing'. The Subrecipient agrees to submit this form with supporting documentation, including all required authorized signatures and required reimbursement documentation, to the appropriate District Coordinator no later than 20 days following the end of each quarter. The most current EMD-007 form must be used and can be obtained from the District Coordinator. FY 2015 EMPG County of Oakland Page 7 of 8 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 Recipient and the Subreciplent, 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 Su brecipient agrees to inform the Recipient 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 Recipient. If any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant agreement shall remain valid. The Recipient may suspend or terminate grant funding to the Subrecipient, 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 corrq* with the requirements or statutory objectives of federal or state law. C. Failure to make satisfactory progress toward the goals or objectives set forth in the Emergency Management Annual Work Agreement. D. Failure to follow grant agreement requirements or special conditions. E. Failure to submit required reports. F. Filing of a false certification in the application or other report or document. Before taking action, the Recipient will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIII. Business Integrity Clause The Recipient may immediately cancel the grant without further liability to the Recipient or its employees if the Subrecipient, an officer of the Subrecipient, or an owner of a 25% or greater share of the Subrecipient 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 Recipient, reflects on the Subrecipient'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 Subrecipient agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. The Subrecipient 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. „„,,,,,,,. Michigan State Police 4- , Emergency Management and . 4,,..,c‘. Grant Agreement Homeland Security Division FEDERAL AWARD IDENTIFICATION SUBRECIPIENT NAME County of Oakland GRANT NAME Emergency Management Performance Grant CFDA NUMBER 97.042 FEDERAL AWARD IDENTIFICATION NUMBER (FAIN) EMW-2015-EP-00029-501 FEDERAL AWARD DATE 5/21/15 SUBRECIPIENT IRS/VENDOR NUMBER 38-6004876 SUBAWARD FROM TO PERFORMANCE PERIOD 10/1/2014 9/30/2015 SUBRECIPIENT DUNS NUMBER 136200362 EMHSD FROM TO PERFORMANCE PERIOD 10/1/2014 9/30/2016 RESEARCH & DEVELOPMENT N/A Funding Total Federal Funds Obligated by this Action $52,344.00 INDIRECT COST RATE None on file Total Federal Funds Obligated to Subrecipient $52,344.00 Total Amount of Federal Award $9,072,413.00 FEDERAL AWARD PROJECT DESCRIPTION 2015 Emergency Management Performance Grant DETAILS The 2015 EMPG allocation is 36.7635% of the Subrecipient's emergency program manager's salary and fringe benefits. The FY 2015 EMPG program has a 50% cost match (cash or in-kind) requirement. FEDERAL AWARDING AGENCY Federal Emergency Management Agency Grant Operations 245 Murray Lane — Building 410, SW Washington DC 20528-7000 PASS-THROUGH ENTITY (RECIPIENT) NAME Michigan State Police Emergency Management & Homeland Security Division 4000 Collins Road Lansing, MI 48910 FY 2015 EMPG County of Oakland Page 2 of 8 III. Award Amount and Restrictions A. The County of Oakland is awarded $52,344.00 under the FY 2015 EMPG, The Recipient determined the Subrecipient's EMPG allocation as 36.7635% of the Subrecipient's emergency program manager's salary and fringe benefits. The Subrecipient may receive less than the allocated amount if the Subrecipient's cost share of wages and fringe benefits paid to the program manager are less than the total allocation. The Subrecipient's EMPG program budget must be documented on the "Local Budget for Emergency Management Performance Grant" form (EMD-17). B. The FY 2015 EMPG covers eligible costs from October 1,2014 to September 30, 2015. The funds awarded in the grant agreement shall only be used to cover allowable costs that are incurred during the agreement period. Grant agreement funds shall not be used for other purposes. For guidance on allowable costs, please refer to the FY 2015 EMPG NO FO, specifically Appendix B. C. This grant agreement designates EMPG funds for the administration and oversight of an approved emergency management program. The Subrecipient 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 total allocation may be utilized for M&A costs. No other expenditures are allowed. If IVI&A costs are claimed, a narrative must be submitted detailing the expenses that are included in these costs, D. The FY 2015 EMPG program has a 50% cost match (cash or in-kind) requirement, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.), 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 other federal funds. The Federal Emergency Management Agency (FEMA) administers cost matching requirements in accordance with 2 CFR § 200.306. To meet matching requirements, the Subrecipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all federal requirements and regulations. See the FY 2015 EMPG NOFO for additional match guidance, to include match definitions, basic guidelines, and governing provisions. E. All EMPG funded personnel must complete training requirements for the National Incident Management System (NIMS) and the FEMA Professional Development Series (PDS) and record 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 Recipient. F. Upon request, the Subrecipient must provide to the Recipient information necessary to meet any state or federal subaward reporting requirements. IV. Responsibilities of the Subrecipient 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 Subrecipient 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. FY 2015 EMPG County of Oakland Page 4 of 8 1. Exercises must be conducted by the Subrecipient at least annually. 2. Exercises must comply with the Subrecipient's Emergency Management Annual Work Agreement. 3. The Subrecipient 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 completed for each exercise and submitted to the Michigan State Police (MSP), Emergency Management and Homeland Security Division (EMHSD) State Exercise Officer. J. Ensure the EMPG funded program manager completes specific training classes as required by the Emergency Management Annual Work Agreement K Have an approved and current emergency operations plan on file with the MSP/EMHSD District Coordinator. L. The Subrecipient agrees to prepare the form EMD-007 "EMPG Expenses Claimed for Local Program Contributions". This form is also referred to as the "EMPG Quarterly Billing'. The Subrecipient agrees to submit this form with supporting documentation, including all required authorized signatures and required reimbursement documentation, to the appropriate District Coordinator no later than 20 days following the end of each quarter. The most current EMD-007 form must be used and can be obtained from the District Coordinator. M. Comply with applicable financial and administrative requirements set forth in the current edition of 2 CFR, Part 200, including, but not limited to, the following provisions: I. 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. Non-federal organizations which expend $500,000 or more in federal funds during their current fiscal year or expend $750,000 or more in federal funds in a fiscal year beginning on or after December 26, 2014, are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget (OMB) Circular A-133 or 2 CFR 200 after December 26, 2014. N. Complete federally-mandated reporting requirements, including, but not limited to, requirements related 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) and Department of Homeland Security (OHS) program specific reporting requirements. O. The Subrecipient must acknowledge and agree to comply with applicable provisions governing OHS access to records, accounts, documents, information, facilities, and staff. The Subrecipient also agrees to require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with these same provisions. Detailed information on record access provisions can be found in the OHS Standard Administrative Terms and Conditions located at https://www.dhs.gov/pubiloation/fy15- dhs-standard-terms-and-conditions, specifically in the DHS Specific Acknowledgements and Assurances on pages 7 and 8. FY 2015 EMPG County of Oakland Page 6 of 8 B. If the Subrecipient submits an incomplete or late quarterly work report to the District Coordinator, the reimbursement may not be processed until the following quarter. C. The Subrecipient agrees to return to the Recipient any unobligated balance of funds held by the Subrecipient at the end of the agreement period or handle them in accordance with the instructions provided by the Recipient. VIII. Employment Matters The Subrecipient shall comply with Title V1 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 1, 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 Subrecipient 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 Subrecipient 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 Subrecipient shall ensure that no subcontractor, manufacturer, or supplier of the Subrecipient for projects related to this grant agreement appears on the Federal Excluded Parties List System located at https://www.sam.gov. IX. Limitation of Liability The Recipient and the Subrecipient 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 their favor. XI, Grant Agreement Period This grant agreement is in full force and effect from October 1, 2014 to September 30, 2015. 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 Subrecipient agrees to return to the Recipient any funds not authorized for use, and the Recipient shall have no further obligation to reimburse the Subrecipient. FY 2015 EMPG County of Oakland Page 8 of 8 XV. Official Certification For the Subrecipient 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 Subrecipient agrees to complete all requirements specified in this grant agreement. Subrecipient Name Subrecipient's DUNS Number For the Chief Elected Official Printed Name Title Signature Date For the Local Emergency Program Manager Printed Name Title Signature Date For the Recipient (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 7/7/2015 Date Signature OMB APPROVAL NO. 1121-0140 EXPIRES 06/30/2009 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A- 133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: I. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C.§ 469 a-1 et seq.), 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 of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); 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 Unifoiiii Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 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 (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check D if there are workplaces on file that are not indentified (e) Notifying the agency, in writing, within 10 calendar days here. after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice, including fiscal year. A copy of which should be included with each ap- position title, to: Department of Justice, Office of plication for Department of Justice funding. States and State Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use 0,1P Form 406117. N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; Check D if the State has elected to complete OJP Form 4061U, (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988, and requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, for grantees, as (2) Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67,620- drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that 1 will not engage such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses- ment, or other appropriate agency; sion, or use of a controlled substance in conducting any (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs (a), (b), B. If convicted of icriminal drug offense resulting from a (c), (d), (e), and (f). violation occurring during the conduct of any grant activity, I B. The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days site(s) for the performance of work done in connection with of the conviction, to: Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531. Place of Performance (Street address, city, county, state, zip code) As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address; 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date U.S. Government PrintEng Office: 1996- 405-037140014 Agreement Articles Applicable to Subrecipients Fiscal Year 2015 Emergency Management Performance Grants Article I - Acknowledgement of Federal Funding from OHS Ali recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article II - Activities Conducted Abroad All 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 in - Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article IV - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101-12213). Article V - Best Practices for Collection and Use of Personally Identifiable Information (PII) All recipients who collect Pll are required to have a publically-available privacy policy that describes what Pll they collect, how they use the P11, whether they share Pll with third parties, and how individuals may have their PH corrected where appropriate. Award recipients may also find as a useful resource the DI-IS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Article VI - Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F,R. Part 7. Article VII - Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, diSability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 C.F.R. § 100.201). Article VIII - 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 under Federal financial assistance awards, unless the work includes any information that is otherwise controlled access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://wvvw.sec.govianswers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient, ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii, The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Executive means officers, managing partners, or any other employees in management positions. 2. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations'). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 3. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipients preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): L Salary and bonus. access obligations, please refer to the DHS Recipient Guidance https://www.dhs.goviguidance-published- help-department-supported-organizations-provide-meaningful-accesspeople-limited and additional resources on http://www.lep.gov . Article XX - Lobbying Prohibitions All recipients must comply 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 an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article XXI - Non-supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or 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 XXII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. Article XXIII - Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Article XXIV - Contract Provisions for Non-federal Entity Contracts under Federal Awards a. Contracts for more than the simplified acquisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b. Contracts in excess of $10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement Article XXV - SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXXIV DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree—and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing OHS 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 OHS 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 OHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate OHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed 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, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the OHS awarding office and the OHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), 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 OHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XXXV - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. FISCAL NOTE (MISC. #15214) July 13, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION — EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2015 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule kl-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 $52,344 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 in the amount of $52,344 for a total of $104,688 in funding for this program. 2. The funding period is October 1,2014 through September 30, 2015. 3. This is the 43rd year of grant acceptance for this program. 4. The FY 2015 Emergency Management Performance Grant 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. A budget amendment is recommended. GENERAL FUND (#10100) Project ID 100000001994 Budget Reference 2015 FY 2015 Revenue 1060601-115120-610210 Disaster Control Fed Subsidy $12,344 9010101-196030-665882 Planned Use of Balance ($12,344) Total Revenue $ 0 FINA CE COM_gIT-T-EE r----n .7c i ,/"1-6 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #15214 August 13, 2015 Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Fleming, Gershenson, Gingen, Gosselin, Hoffman, Jackson, KowaII, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Dwyer (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended 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 August 13, 2015, 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 13 th day of August 2015. 1";1( Lisa Brown, Oakland County