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HomeMy WebLinkAboutResolutions - 2016.03.30 - 22232MISCELLANEOUS RESOLUTION #16051 March 30, 2016 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2015 FEMA STATE HOMELAND SECURITY GRANT INTERLOCAL AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the State of Michigan for the 2015 Homeland Security Grant Program (HSGP); and WHEREAS the State of Michigan has awarded a 2015 Homeland Security Grant to Region 2 which includes, but is not limited to, the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the Michigan Homeland Protection Board created Regional Homeland Security Planning Boards throughout the State to identify and prioritize how the grant funds will be used; and WHEREAS the Regional Homeland Security Planning Board for Region 2,Urban Area Security Initiative (UASI) Board, is comprised of the representatives from the above-listed political subdivisions; and WHEREAS Macomb County was voted and approved to act as the Fiduciary Agent and Subgrantee for the Region 2 Homeland Security Planning Board for the fiscal year (FY) 2015 HSGP; and WHEREAS Macomb County has entered into a grant agreement with the State of Michigan as the subgrantee; and WHEREAS Oakland County Corporation Counsel has reviewed and approved the attached Interlocal Agreement between Macomb County and Oakland County to be used for the 2015 HSGP; and WHEREAS Oakland County Corporation Counsel has reviewed and approved the attached Memorandum of Understanding — Transfer/Acceptance of Equipment for all purchased equipment by Oakland County to be used for the 2015 HSGP; and WHEREAS in the previous FY, Oakland County was awarded $64,818 from the State Homeland Security Grant Program (SHSGP) and $562,897 from the UASI for a total award of $627,715; and WHEREAS in the current FY, Oakland County is awarded $48,699 from the SHSGP and $571,648 from the UASI for a total award of $620,347 for a decrease of $7,368 from the previous FY; and WHEREAS in the previous FY, Oakland County was awarded $138,713 for regional projects; and WHEREAS in the current FY, the UASI Board has awarded $147,917 for regional projects from the 2015 Grant Agreement UASI for an increase of $9,204 from the previous FY; and WHEREAS the regional funding will continue two (2) Homeland Security — Regional SAP positions (#1060601- 10296 and #1060601-10520) and one (1) Special Revenue Intelligence Analyst position in the Sheriff's Office, Emergency Response and Preparedness Division Admin Unit (#4030501-11083); and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Grant Agreement along with funding totaling $768,264 and authorizes its Chairperson to execute the Agreement and all other related documents between Macomb County and Oakland County. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners approves the attached Memorandum of Understanding (MOU) — Transfer/Acceptance of Equipment for all purchased equipment by Oakland County to be used for the 2015 Homeland Security Grant Program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Interlocal 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. BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Woodward and Quarles absent. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC . #16051) March 30, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION 2015 FEMA STATE HOMELAND SECURITY GRANT INTERLOCAL AGREEMENT ACCEPTANCE To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution, and finds: 1. The Michigan Department of State Police, Emergency Management and Homeland Security Division has awarded Homeland Security Grant Program funding to Region 2 of the State, which includes, but is not limited to the following political subdivisions: City of Detroit along with the Counties of Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne. 2. The program provides funds to build capabilities to prevent, respond to, and recover from acts of domestic and foreign terrorism, to address National Priorities and Target Capabilities as they relate to terrorism, and support the implementation of the National Preparedness Goal, National Incident Management System, and National Response Framework. 3. Macomb County has been appointed by the Region 2 Planning Board as fiduciary and subgrantee for the 2015 Homeland Security Grant Program (HSGP). 4. The Resolution authorizes entering into an agreement with Macomb County for the purpose of passing through 2015 HSGP funds to Oakland County. 5. Oakland County is entitled to reimbursement of allowable expenses for the 2015 Grant Program in an amount not to exceed $48,699 in State Homeland Security Program (SHSP) funding and $571,648 in Urban Area Security Initiative (UASI) funding. 6. Oakland County is being awarded a total of $147,917 in grant funds for regional projects from the 2015 Grant Program Agreement. 7, The funding will be used to cover the continuation of two (2) full-time eligible special revenue Regional Solution Area Planner positions (#10296 and #10520) in the Homeland Security Division as well as one (1) Special Revenue full-time eligible Intelligence Analyst position (#11083) in the Sheriff's Office Emergency Response and Preparedness Division Admin Unit. 8. The grant period is September 1, 2015 through May 31, 2018. 9. The future level of service, including personnel, will be contingent upon the level of funding available from the State. 10. The FY 2016 Special Revenue Budget is amended as follows to reflect the 2015 HSGP and Region 2 award: DOMESTIC PREPAREDNESS EQUIPMENT (Fund 29340) Budget Reference 2015 / GR0000000705 Activity: GLB Analysis:GLB FY 2016— FY 2018 Revenues 1060601-115125-610313 1060601-115127-610313 4030501-110110-610313 Expenditures 1060601-115125-702010 1060601-115125-722740 1060601-115125-731346 1060601-115125-732018 1060601-'115125-750567 1060601-115125-760126 4030501-110110-702010 Federal Operating Grants Federal Operating Grants Federal Operating Grants Total Revenues Salaries Fringe Benefits Personal Mileage Travel and Conference Training-Educational Sup. Capital Outlay Misc. Salaries ( 627,715) ( 50,713) ( 88,000) ($ 766,428) ( 101,980) ( 54,840) ( 2,000) ( 10,000) ( 35,000) ( 474,608) ( 56,055) FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. 4030501-110110-722740 Fringe Benefits ( 25,180) 4030501-110110-731346 Personal Mileage ( 3,000) 4030501-110110-732018 Travel and Conference ( 3,765) Total Expenditures ($ 766,428) DOMESTIC PREPAREDNESS EQUIPMENT (Fund 29340) Budget Reference 2016 / GR0000000746 FY 2016 FY 2018 Revenues 1060601-115125-610313 Federal Operating Grants 1060601-115127-610313 Federal Operating Grants 4030501-110110-610313 Federal Operating Grants Total Revenues Expenditures 1060601-115125-702010 Salaries 1060601-115125-722740 Fringe Benefits 1060601-115125-732018 Travel and Conference 1060601-115125-750567 Training-Educational Supplies 1060601-115125-760126 Capital Outlay Miscellaneous 1060601-115125-732165 Workshops and Meeting 1060601-115125-774636 Info Tech Operations 4030501-110110-702010 Salaries 4030501-110110-722740 Fringe Benefits 4030501-110110-731346 Personal Mileage 4030501-110110-732018 Travel and Conference Total Expenditures 620,347 44,180 103,737 $ 768,264 105,038 66,782 17,000 30,000 433,707 6,400 5,600 57,736 35,770 4,000 6,231 L768,264 GRANT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: 2015 Homeland Security Grant Program FUNDING AGENCY: Michigan Depak tment of State Police, Emergency Management and Homeland Security Division (Macomb County fiduciary) DEPARTMENT CONTACT PERSON: Sara Stoddard 248 858-5080 STATUS: Grant Acceptance DATE: February 29, 2016 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (2/25/2016) Department of Human Resources: HR Approved (No Committee) Continues Positions Lori Taylor (2/29/2016) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (2/25/2016) Corporation Counsel: Approved by Corporation Counsel. — Stephen Rideout (2/25/2016) From To: Cc: Subject: Date: Van Pelt, Laurie M West, Catherine A; Secontine, Julie L; Taylor, Lori; Davis, Patricia G Stoddard, Sara D; Quisenberry, Theodore H; Pisacreta. Antonio S; Seaif, Bonnie L RE 7 GRANT REVIEW: Health & Human Services, Homeland Security Division - 2015 Homeland Security Grant Program (HSGP) Interlocal Agreement Thursday, February 25, 2016 9:42:31 AM Approved. From West, Catherine A Sent: Wednesday, February 24, 2016 4:56 PM To Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G Cc: Stoddard, Sara D; Quisenberry, Theodore H; Pisacreta, Antonio S; Scalf, Bonnie L Subject: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2015 Homeland Security Grant Program (HSGP) Interlocal 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 2015 Homeland Security Grant Program (HSGP) Interlocal Agreement Macomb County as Fiduciary Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: March 2, 2016 GRANT INFORMATION Date: February 23, 2016 Operating Department: Health & Human Services, Homeland Security Division Department Contact: Sara Stoddard Contact Phone: 248-858-5080 Document Identification Number: EMW-2015-SS-00033 REVIEW STATUS: Acceptance — Resolution Required Funding Period: 9/1/2015 through 5/31/2018 Original source of funding: CFDA 97.067 Will you issue a sub award or contract: Yes, we purchase items on behalf of specialty teams/jurisdictions and MOUs will be signed by the recipients. We also pass-thru funding for tr„5„ W-77 ra P41-4- MarkA Hackel cots, Exe0tNe CVLAGQME3 QOUNTY ierem i:717mi .iimedmaiimaisaYee:#w to,-1117 Corntrnunicatims: & Teamplogy Center EMERGENCY MANAGEMENT & COMMUNICATIONS 117 South Groesbeck Highway Mount Clemens, Michigan 48043 Phone: 586.469.5270; Fax: 686,469.6439 virwvv.oemc.macombgov.org Victoria Wolber, PEM Director David McIntyre Emergency Program Manager February 23, 2016 Theodore Quisenberry, Manager Oakland County Homeland Security Division 1200 N Telegraph Rd. Bldg. 47W Pontiac MI 48341 Dear Mr. Quisenherry, The Urban Area Security Initiative (UM!) Board has approved two 2015 UASI regional projects that award funding to each of the seven jurisdictions. Oakland County was awarded $44,180.43 for the Solution Area Planner (SAP) project and $103,737.00 to fund one intelligence analyst position at the Detroit Southeast Michigan Intelligence and Information Center (DSEMIIC). These projects are reimbursed from the regional allocation through Macomb County as the fiduciary. Sincerely, • Michael Curtis Homeland Security Grant Manager UASI Fiduciary State of ichigan Fiscal Year 2015 Homeland Security Grant Program Grant Agreement September 1, 2015 through May 31, 2018 MA Number: 97,067 Grant Number; EMW-2015-SS-00033 This Fiscal Year (FY) 2015 Homeland Security Grant Program (HSGP) 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 MACOMB (hereinafter called the Subrecipient) I. Purpose The FY 2015 HSGP supports state and local efforts to prevent terrorism and other catastrophic events and prepares the Nation for the threats arid hazards that pose the greatest risk to the security of the United States. The FY 2015 HSGP provides funding to implement investments that develop and sustain the 31 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. The purpose of this grant agreement is to provide federal pass-through funds to the Region 2 Homeland Security Planning Board (hereinafter called the regional board) through the Subrecipient, which has been voted and approved to act as the Fiduciary Agent on behalf of and as a part of the regional board for the FY 2015 HSGP. The HSGP is comprised of three related grant programs, of which two are covered by this grant agreement: The State Homeland Security Program (SHSP): The SHSP assists state, tribal and local preparedness activities that address high-priority preparedness gaps across all core capabilities where a nexus to terrorism exists. Al] supported investments are based on capability targets and gaps identified during the Threat and Hazard Identification end Risk Assessment (THIRA) process, and assessed in the State Preparedness Repcit (SPR). Activities implemented under the SHSP must support national terrorism preparedness by building or enhancing capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Subrecipients must demonstrate this dual-use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. Urban Areas Security Initiative (LIASI): The IASI program is intended to provide financial assistance to address the unique multi-discipline planning, organization, equipment, training, and exercise needs of high-threat, high- density urban areas, and to assist these areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts pf terrorism using the whole community approach. Activities implemented with UASI funds must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, preparedness for, protection from, or response to acts of terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. SObrecipients must demonstrate the dual-use quality for any activities implemented that are not explicitly focused on terrorism preparedness. Urban Areas must use OASI funds to employ regional approaches to oVerall preparedness and are encouraged to adopt regional response structures whenever appropriate. UASI program implementation and governance must include, regional partners and should have balanced representation among entities with operational responsibilities for preventien, protection, Mitigation, response, and reccVery actiVities within the region. Identified Urban Areas muSt take an inoluSive regional approach to the development and implementation of the UASI program and involve the contigirous jurisdictions, mutual aid partners, port authorities, rail and transit authorities, state agencies, statewide Interoperahilily Coordinators, Citizen Corps Council(s), and campus law enforcement in their program actiVities. FY 2015 HSGP County of Macomb (Region 2 Fiduciary) Page 2 of 10 Allowable activities must comply with the FY 2015 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.ferna.gov/grants, align with Michigan's FY 2015 SHSPAJASi investments, support achievement of capability targets and gaps identified through the Threat and Hazard Identification and Risk Assessment (TIARA) process and assessed in the State Preparedness Report (SFR), and must align to ' projects specifically approved by the Recipient. Subrecipients must take a regional approach when determining the best use of FY 2015 HSGP funds. Subrecipients must consider the needs of local units of government, tribal governments, whole community and individuals, children and individuals with disabilities or access and functional needs, nonprofit con -irnunities, and applicable volunteer organizations in developing their FISGP projects and activities. For guidance on allowable costs and program activities, please refer to the FY 2015 Homeland Security Grant Program NotiCe of Funding Opportunity located at http://www ,ferna,gov/grants. IL Statutory Authority Funding for the FY 2015 HSGP is authorized by Section 2002 of the Homeland Security Act of 2002 1 as amended (Public Law 107-296)1 (6 § 603). Appropriation authority is provided by the Department of Homeland Security Appropriations Act, 2015, (Public Law 114-4f The Subrecipient agrees to comply with all FY 2015 HSGP program requirements in accordance with FY 2015 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.fema.gov/grants the Di-TS Standard Administrative Terms and Conditions located at https://www.dhs. g ov/pu blication/fy 15-dhs-standard- terms-and-conditions, the FY 2016 HSGP Agreement Articles Applicable to Subrecipients, and the FY 2015•HSGP Michigan Supplemental Guidance. The FY2015 HSGP Agreement Articles Applicable to Subrecipients document is included for reference in the grant agreement packet. The Sebreciplent shall also comply with the most recent version of: A. 2 CFR, Part 200 of the Code of Federal Regulations (C FR), Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at http://www.ecfr.gov B. 44 CFR, Part 10, environmental Considerations IlL Award Amount and RestrictIons A. The County of Macomb, acting as the Fiduciary Agent on behalf of and as a part of the Region 2 Board, is awarded $4,7741832.00 under the FY 2015 1-,1SOR. This total consists of $374,832_00 from the SHSP program and $4,400,00100 from the LIASI program. The grant agreement shall be administered based on the Subrecipient's policies and procedures, provided that they conform to state and federal rules, laws, and/or regulations. B. The FY 2015 FISGP covers eligible costs from September 1, 2015 to May 31, 2018, C. HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional. publichealth and safety duties or to supplant traditional public health and safety positions and D. At least $1,103,708.00 of award funds must be dedicated towards Law Enforcernent Terrorism Prevention Activities (LETPA), Activities eligible for use of LETPA focused funds are outlined in the National Prevention Framework (and where capabilities are shared with the protection•mission area the National Protection Framework) located at http://www.ferna.gov/national-planning-frameworks . The Subrecipient must ensure that the minimum requirement is met for the FY 2015 H8GP. FY 2015 HSGP County of Macomb (Region 2 Fiduciary) Page 3 of 10 E. A maximum of$187,41600 of SHSP award funds and $2,200,000.00 of UASI award funds may be used, for personnel and personnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancoment (PRICE) of Homeland Security Act {Public Law 110-412), In general, the use of SHSP or UASI funding to pay for staff and/or contractor regular time or overtime/backfili is considered a personnel cost. A definition of personnel costs is provided in Appendix C of the FY2015 Homeland Security Grant Program Notice of Funding Opportunity. F. Exactly $18,741.00 of SHSP award funds and $220,000.00 of UASI award funds are allocated to the Subrecipient to be used for the management and administration (M&A) of the FY 2015 HSGP. 11/I&A allowable costs are defined in the FY 2015 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.fema.gov/grants . Alignment and .allowability for the use-of MA award funds by the Subrecipient is not subject to review and approval of the Region 2 Homeland Security Filanning Board, At the discretion of the Subrecipient, any unused portion of the M&A award funds may be reallocated to the Region 2 HSGP Designated Funding Allocation. G. Exactly $69,023.00 of SHSP award funds and $1,045,000.00 of UASI award funds are allocated to Region 2 for use as the Region 2 HSGP Designated Funding Allocation. These funds will be used to support regional projects as determined by the Region 2 Homeland Security Planning Board. H. The following grant award funds are allocated by the Recipient, acting as the State Administrative Agency (SAA). The identified local governmental units are entitled to the reimbursement of allowable expenses from the Subrecipient in an amount not to exceed the amount listed herein: County of Macomb SHSP funding source: $39,813.00 1JASi funding source: $467,352.00 County of Monroe SHSP funding source: $22,104.00 UASJ funding source: $269,468..00 County of Oakland SHSP funding source: $48,699.00 UASI funding source: $571,648.00 County of Washtenaw SHSP funding source: $25,091.00 UASI funding source: $303,930.00 County of Wayne SFISP funding source: $53,675.00 UASI funding source: $630,063.00 City of Detroit SHSP funding source: $50,854 00 UASI funding source: $596,953.00 County of St Clair SHSP funding source: $26,032.00 UASI funding source: $305,686,00 L Reimbursement of allowable expenses to the local governmental unit by the Subrecipierit will be contingent on satisfactory completion of all responsibilities identified within this grant agreement by the local governmental unit, as determined by the Subrecipient and/or the Recipient J, No portion of the funds specifically allocated to local governmental units may be used for M&A expenses. K All funds allocated to specific local governmental units require proof of encumbrance or reimbursement requests received by the fiduciary no later than 5:00 p.m. on November 30, 2017. This date is six months prior to the end of the grant agreement period. Funds which are not encumbered or which do not have reimbursement requests received by the fiduciary by this date will be reallocated to the Region 2 HSGP Designated Funding Allocation. L. The Subrecipient may only fund projects which directly support one of the FY2015 HSGP granf investments. To assist Subredpients, the Recipient has developed the FY 20151-JSGP Michigan Supplemental Guidance to provide additional information on SHSP projects consistent with the National Preparedness Goal, state and regional homeland security strategies, and Michigan 'S FY 2015 SHSP investment justification. FY 2015 HSGP County of Macomb (Region 2 Fiduciary) Page 4 of 10 M. Except as otherwise specifically set forth in this grant agreement, the Recipient .(nct the Subrecipient) shall make the final determination on hew funds awarded under this grant agreement are allocated end/or spent, from projects reviewed end approved by the regional board and submitted to the Recipient by the Subrecipient N. For any activities involving construction, demolition, or installations of equipment, an Environmental and Historic Preservation (EHP) Review must be completed prior to any work being done. Any activities that have been initiated without the nocessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal. funding. 0, A portion of FY 2015 SHSP funds should be allocated toward sustainment of the Regional Response Team Network (RRTN) and search and rescue capabilities, where applicable. The Subrecipient shOuld ensike that support is provided through appropriate planning, equipment, training, and exercise activities. P. in the event that DHS determines that changes are necessary to the award document after an award has been made, including but not limited to, changes to period of performance or terms and conditions, Subrecipiente will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipient acceptance of the changes to the award, 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 Subreciplent may be required to supply documentation certifying that it did not reduce non-federal funds because of receiving federal funds. Subrecipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. B. Refer to the FY 2015 Homeland Security Grant Program Notice of Funding Opportunity located at http:ffwww,fema.gov/grants, for a detailed list of allowable costs under this grant Allowable costs are specifically addressed in Appendix C. C, In addition to this grant agreement, the Subrecipient 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 (ENID-053) 4. Request for Taxpayer Identification Number and Certification (W-9) 5. Other documents that may be required by federal or state officials D. The Subreciplent agrees to act as the Fiduciary Agent on behalf of and as a part of the regional board for the FY 2015 HSGP. The Subrecipient agrees to comply with all applicable federal and state regulations, including, but not limited to, the following: 1. Make all purchases in accordance with federal, state and local purchasing policies. 2. The Subrecipient is required to submit reports to the Recipient on the status of all projects and funding. Reporting must follow the format and schedule specified by the Recipient. Current reporting forms and instructions are located at http://www ,michigan.goviemnsd. 3. Submit regional board-approved projects to the Recipient in the format specified by the Recipient prior to starting a project. Individual solution area costs must also be submitted to the Recipient for alignment and allowability evaluation prior to starting a project All grant expenditures must meet DHS FY 2015 I-ISGP County of Macomb (Region 2 Fiduciary) Page 5 of 10 and Recipient grant guidelines, must directly support one of the FY 2015 HSGP Investments, and must support at least one core capability from the National Preparedness Goal Projects must be coordinated regionally and align to appropriate state and regional homeland security strategic plans, Any project that proposes a change in scope etwork during the grant performance period must be resubmitted to the Recipient for evaluation. Any funds spent on a project prior to receiving Recipient approval may be ineligible for reimbursement. Current forms and instructions are located'at htto://wviiw, michigan.gov/emhsd. 4. The Subroolpient will select an individual who will act as a programmatic single point of contact between the Region 2 Homeland Security Planning Board and the Recipient. 5. The Subrecipient will select an individual to act as a fiduciary single point of contact between the Subrecipient and the Recipient. The .separate role S of programmatic single point of contact and fiduciary single point of contact may be filled by the same Individual at the discretion of the Subreciplent. 6. Create and maintain an inventory of all equipment purchases in accordance with 2 CFR, Part 200.313 located at http://wvvw.ecfrgov. Within 30 days of the end of the Subrecipient's fiscal year, the Subrecipient must supply a copy of this inventory to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910-5863. An Equipment Tracking Form is available to assist the Subrecipient in meeting these requirements. The form can be found online at http://wvvw.michigen.gev/emnsd. 7. If the Subrecipient purchases equipment for a local governmental unit with FY 2015 HSGP funds, the Subrecipient shall make the equipment available for pick-up by other local governmental units per equipment assignments by the regional board. This process needs to include legal transfer of the equipment to the designated focal governmental units. At minimum, the Subreolpient should prepare documents, which, when signed, will indicate other designated local governmental units accept full legal and financial responsibiiity for the pieces of equipment 8. The Subrecipient agrees to prepare and submit reimbursement requests to the Recipient in a timely manner. Reimbursement requests must include all required supporting documentation, including proof of payment. All reimbursement requests must be submitted to the Recipient no later than 30 days after the end of the performance period identified in this grant agreement. Any remaining balance of funds by that date vvill be reallocated. 9. 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: 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. G, 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, Part 200 after December 26, 2014. 10, Comply with National Incident Management System (NIMS) requirements to be eligible to receive federal preparedness funds. NlIVIS information is available at http://www.ferna.govinational-incident- managernent-systern. More information on complying with NIMS is available from the State NIMS Coordinator. 11. integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347 and the Rehabilitation Act of 1973. FY 2015 HSGP County of Macomb (Region 2 Fiduciary) Page 6 of 10 12, Environmental and Historic Preservation Compliance. The federal government is required to consider the effects on the environment and/or historic properties of any federally funded activities and programs, including grant funded projects. The EHP Program engages in a review process to ensure that federally funded activities comply with federal EHP regulations, 'laws and executive orders as applicable. The goal of these compliance requirements is to protect the nation's environmental, historic, and cultural resources. The"Subrecipient shall not undertake any project having the potential to impact EHP resources without prior approval. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal funding. 13. Comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq.) for grant funded construction projects. The Subrecipient must ensure that contractors or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevaillng wages and fringe benefits paid on , projects of a similar character. Additional information, including Department of Labor wage determinations, is located at htto://vvww.doLgov/compliance/laws/comp-dbra.htm. 14. 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 OHS program specific reporting requirements, 15. Upon request, Subreciplent will supply information to the Recipient as required to address federal reporting requirements for fusion centers. Reference pages 37-38 of the FY 2015 Homeland Seoufity Grant Program Notice of Funding Opportunity for additional details. 16. 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 DHS Standard Administrative Terms and Conditions located at https://www.dhs.govipublication/fy15-dhs-standard-terms-ahd-conditions, specifically in the DI-IS Specific Acknowledgements and Assurances on pages 7 and 8. V. Responsibilities of Regional Board The Region 2 Homeland Security Planning Board, in accordance with the general purposes and objectives of this grant agreement, will: A. Review and approve all projects to be funded under the FY 2015 HSGP grant before they are submitted by the Subrecipient to the Recipient for approval, B. Ensure that all grant projects are aligned to the appropriate FY2015 HSGP investment and the appropriate core capability from the National Preparedness Goal. Projects to be funded by SHSP must align to one of Michigan's FY 2015 SHSP investments and support a core capability. Projects to be funded by UAS1must align to a FY 2015 UASI investment and support a core capability. Project documentation will include an explanation of how each project benefits Region 2, C. Ensure the Subrocipient, in its role as t'egional fiduciary, is fully apprised of all projects approved by the Region 2 Homeland Security Planning Board. D. Develop and implement a stand-alone Southeast Michigan Urban Area Security Initiative (SEMI UASO Multi-Year Training and Exercise Plan or provide evidence of the SEMI UAS1's adoption and utilization of the state's Multi-Year Training and Exercise Plan. FY 2015 HSGP County of Macomb (Region 2 Fiduciary) Page '7 of 10 , VI. Responsibilities of the Recipient The Recipient, in accordance with the general purposes and objectives of this grant agreement win: 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 Subrecipient, 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), VII. Reporting Procedures The Subrecipient is required to submit reports to the Recipient on the status of all projects and funding. Reporting must follow the format and schedule specified by the Recipient Current reporting forms and instructions are located at http://www.rnichigan.goviernhsd . Reporting on funding status is mandated by the federal government. Failure by the Subrecipient to fulfill reporting requirements, in compliance with federal grant rules, shall result in the suspension of grant activities until reports are received and may jeopardize future federal funding. VIII. Payment Procedures The Subrecipient agrees to prepare and submit the Reimbursement Cover Sheet (EMD-054) with all required supporting documentation attached, including proof of payment The Subreciplent will submit one Reimbursement Cover Sheet and related forms for each grant project, solution area, allocation type, and Individual exercise. Reimbursement Cover Sheets must be filled out completely. Instructions are provided with each of the reimbursement forms. The Reimbursement Cover Sheet and other reimbursement forms can be found on the Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD) website located at http://www.michigen.goviemhsd. The Subreerpient will not be reimbursed forfunds until all required signed documents and reimbursement documentation are received. AU reimbursement requests must be submitted to the Recipient no fater than 30 days after the end of the performance period identified in this grant agreement. Any remaining balance of funds by that date wilt be reallocated. Drawdoyvn of Funds in Advance. Up to 90 days prior to expenditure, the Subrecipient may request funds for purchases of $10,000 or more. All of the following requirements must be met when obtaining advanced funds: A. The Subrecipient must submit advance requests with a copy of approved purchase orders and a copy of approved Alignment and Allowability Forms. 8, The Subreciptent must place advanced funds in an interest-bearing account. C. The Subreeipient may keep interest up to $100 per year (2 CFR, Part 200.305) for administrative expenses for all federal grants combined. D. The Subrecipient must notify the Recipient quarterly, in writing, of any interest earned over $100. E. The Subrecipient must prdmptly, but at least quarterly, remit any interestearned over $100 to: Michigan State Police, Emergency Management and Homeland Security Division, 'Grants and Financial ;- Management Section, 4000 Collins Road, Lansing, MI 48910, F, The Subrecipient must liquidate each advance by the date specified by the Recipient (usually within 90 days), FY 2015 HSGP County of Macomb (Region 2 Fiduciary) Page 8 of 10 G. The Subrecipient must ensure all invoices and proof of payment documents are dated after the date the advance was issued by the Recipient IX_ Employment Matters The Subrecipient 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 III of the Americans with Disabilities Act of 1990; the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 at seq.; the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 at seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants. The Subreciplent shall not discriminate against any employee or applicant fay 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://vvww.sarn.gov . X. 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. XL 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. XIL Grant Agreement Period This grant agreement is in full force and effect from September 1, 2015 to May 31, 2018. 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, Of 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. Upon termination of grant agreement, the Subrecipient shall submit documentation, in a format specified by the Recipient, to formally end its status as Fiduciary Agent. Mil. 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 Subrecipient, whether expressed, implied, or oral. FY 2015 HSGP County of Macomb (Region 2 Fiduciary) Page. 9 of 10 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 Subrecipient 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 veld 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 comply with the requirements or statutory objectives of federal or state law. C. Failure to follow grant agreement requirements or special conditions. ID. Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding. 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 Recipient will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIV, 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. XV. Freedom of Information Act (FOIA) Much of the information submitted in the course of applying forefunding under this program, or provided in the course of grant management activities, may be considered law enforcernent,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 Officerwill need to determine what information is to be withheld on a case-by-case basis. The Subreciplent 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, I I / Date FY 2015 HSGF County of Macomb (Region 2 Fiduciary) , Page 8 of 10 XVI. 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. Macomb County Subrecipient Name Mark Deldin Printed Name SignatUre 026544713 Subrecipient's DUNS Number Deputy County Executive Title Date For the Recipient (Michigan State PEAGO, Emergency Management and Homeland Security Division) Deputy State Director of Emergency Chris A. Kelenske, Captain Manadement and Homeland Security Printed Name Tit1e Cartn-,4,0.-Valoarv.6 Signature Date For the Re,qional Board The Regional Board Chairs signature appears on this grant agreement as a certification that the Region 2 Homeland Security Planning Board has chosen the County of Macomb to act as the Fiduciary Agent on behalf of and as a part of the regional board for the FY 2015 HSGP. 4A-R.6, Beecie1 ni0,1EZ-e- Regional Board Chair Printed Name Title 1 SOUTHEAST MICHIGAN URBAN AREA SECURITY INITIATIVE BOARD 2 Wednesday May 20 — 10:00 am. 3 DIE Energy 6th Floor 4 One Energy Plaza 5 Detroit, MI 48226 6 7 L CALL TO ORDER 8 9 Meeting called to order at 1007 a.m. 10 11 H. ROLL CALL 12 13 VOTERS PRESENT: Donna Northern, City of Detroit; Vicki Wolber, Macomb County; 14 Mark Hammond, Monroe County; Ted Quisenberry, Oakland County; Nikki Falk, St. Clair 15 County; Marc Breckenridge, Washtenaw County; Tadarial Sturdivant, Wayne County; 1952 1953 c. Fiduciary Selection 1954 1955 MR. BRECKENRIDGE: Last but not least, "Fiduciary Selection". It was added 1956 as "item (c)". Donna, is that right? We added that item? 1957 1968 MS. NORTHERN: Yes, added as "Item (c)". 1959 1960 MR. BRECKENRIDGE: Yes, Mark? 1961 1962 MR. HAMMOND: Mr. Chair, I would like to thank, or I would like to ask pretty 1963 please with sugar on top that Macomb County continue to be the Fiduciary for the 2015 1964 Homeland Security Grant Program. If they agree, I would make that in the form of a motion. 1965 1966 MS. VVOLBER: Yes, we will. 1967 1968 BOARD MEMBERS: (In Unison) Thank you, Vicki. 1969 1970 MR. STURDIVANT: Second. 1971 1972 MR. BRECKENRIDGE: Is anyone else in contention on this Board? 1973 1974 (None) 1975 1976 MR. BRECKENRIDGE: Any further discussion? 1977 1978 (None) 1979 1980 MR. BRECKENRIDGE: All those in favor, say "Aye". 1981 1982 BOARD MEMBERS: (In unison) Aye. 1983 1984 MR. BRECKENRIDGE: Any opposed? 1985 1986 (None) 1987 1988 (Motion carries unanimously.) 2015 HOMELAND SECU ' TY GRANT PROGRAM INTERLO CAL FUNDING AGREEMENT BETWEEN MACOMB COUNTY AND OAKLAND COUNTY This Interlocal Funding Agreement ("the Agreement") is made between Macomb Comity, Michigan Municipal Corporation, 1 S. Main, Mt. Clemens, MI 48043 ("Fiduciary"), and Oakland County, 1200 North Telegraph, Pontiac, MI 48341 ("Political Subdivision"). In this Agreement the Fiduciary and the Political Subdivision may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the Fiduciary and the Political Subdivision enter into this Agreement for the purpose of passing through 2015 Homeland Security Grant Program (Grant Program) funds to the Political Subdivision; delineating the relationship and responsibilities among the Fiduciary, the Political Subdivision, and the Region 2 Planning Board regarding the Grant Program; and addressing use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or overtime with Grant Program funds. Macomb County, Michigan was elected and appointed Fiduciary for the 2015 Homeland Security Grant Program by Region 2 Planning Board at its May 20, 2015 meeting. Macomb County accepted the position of Fiduciary and as a result entered into the 2015 Homeland Security Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: I. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiduciary or Political Subdivision, as defmed herein, whether such claim is brought in law or equity, tort, contract, or otherwise. Page 1 2015 Homeland Security Grant Program Funding Agreement — 11182015 1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Fiduciary means Macomb County, a Michigan Municipal Corporation including, but not limited to, its Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, and/or any such persons successors. 1.5, Political Subdivision means a Michigan Municipal Corporation including, but not limited to, it's Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, and/or any such person's successors. 1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.7. Region 2 Homeland Security Planning Board ("Region 2 Planning Board") means the Regional Homeland Security Planning Board for Region 2, as created by the Michigan Homeland Protection Board, and is comprised of the City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. The Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.8. 2015 Homeland Security Grant Program ("Grant Program") means the grant program described and explained in Exhibit B which began September 1, 2015 and ends May 31, 2018. The Grant Program is a primary funding mechanism, administered by the United States Department of Homeland Security (DHS) and plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient nation. 2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 2.1. Exhibit A — Region 2 Homeland Security Planning Board meeting minutes from May 20, 2015; re: 2015 Homeland Security Grant Program Fiduciary; 2.2. Exhibit B — 2015 Homeland Security Grant Program Agreement between the Fiduciary and the State; 3. FIDUCIARY RESPONSIBILITIES. 3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement between the Fiduciary and the State of Michigan, attached as Exhibit B. 3.2. The Fiduciary shall comply with all requirements set forth in the 2015 Homeland Security Grant Program Guidance. Page 2 2015 Homeland Security Grant Program Funding Agreement 11182015 3.3. The Fiduciary shall submit all required project forms to the State for review and approval which the Political Subdivision has submitted to the Fiduciary and been approved by the Region 2 Homeland Security Planning Board. 3.4. The Fiduciary shall reimburse the Political Subdivision, for the equipment, services and/or personnel costs as set forth in the fo ins as supplied and required by the State and the applicable reimbursement forms reviewed and approved by the State. The funds shall only be released by the Fiduciary after the applicable reimbursement forms, required by the State and the Fiduciary, are properly executed by the Parties, The Fiduciary's Emergency Management representative/designee shall execute the forms on behalf of the Fiduciary and the Manager of Oakland County Homeland Security/Emergency Division shall execute the forms on behalf of the Political Subdivision, The Fiduciary in its sole discretion shall determine if the reimbursement forms are properly executed. 3.5. The Fiduciary shall create and maintain, an inventory of all equipment purchased with Grant Program funds in accordance with 44 CFR Part 13.32(d) (1) located at http://www.ecfr.gov . 3.6. The Fiduciary shall notify the Political Subdivision at the end of the Fiduciary's fiscal year of the dollar amount of Grant Program funds released to the Political Subdivision for that fiscal year. This mount shall include the dollar amount of equipment purchased with Grant Program funds by the Political Subdivision. 3.7. The Fiduciary shall file this Agreement pursuant to law and provide executed copies of this Agreement to the Region 2 Planning Board Secretary and the Political Subdivision. 4. POLITICAL SUBDIVISION RESPONSIBILITIES. 4.1. The Political Subdivision is entitled to reimbursement of allowable expenses for the Grant Program in an amount not to exceed $48,699.00 in the SIISP funding source; and $571,648.00 in the UASI funding source. This amount does not include Grant Program funds allocated to the Region 2 Designated Funding Allocation. 4.2. The Political Subdivision shall prepare all required forms for the use of Grant Program funds and shall submit such forms to the Region 2 Planning Board for review and approval via the process designated by the Region 2 Planning Board. Upon approval from the Region 2 Planning Board, the Fiduciary will forward the required forms to the State for review and approval. 4.3. All funds allocated to the Political Subdivision in Section 4.1 require proof of encumbrance or requests for reimbursement received by the Fiduciary no later than 5:00 p.m. on November 30, 2017. Grant funds which are not encumbered or which do not have reimbursement requests received by the Fiduciary by this date will be reallocated to the Region 2 Designated Fun ding Allocation. 4.4. The Political Subdivision shall use the equipment purchased with Grant Program funds, and all Grant Program funds in accordance with the 2015 Homeland Security Grant Program Guidance. Page 3 2015 Homeland Security Grant Program Funding Agreement — 11182015 4.5. The Political Subdivision shall keep the Fiduciary infoimed of the location of the equipment purchased with Grant Program funds regardless of who purchased the equipment. If the equipment by its nature is mobile, the Political Subdivision must provide a general location or "home-base" where the equipment can be found. If the location of the equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The infoiniation required by this Section shall be provided to the Fiduciary upon receipt of the equipment by the Political Subdivision and continue until three (3) years after the close of this Grant Program. 4.6. The Political Subdivision shall list the dollar amount provided by the Fiduciary pursuant to Section 3.6 on the Political Subdivision's Schedule of Expenditures of Federal Awards. 4.7. Except for equipment that is disposable or expendable, the Political Subdivision shall inform the Fiduciary if it plans to dispose of the equipment and work with the Fiduciary regarding any issues associated with disposal of the equipment. 4.8. The Political Subdivision shall make the equipment available to the Fiduciary, the State and Federal Auditors upon request. 4.9. The Political Subdivision shall comply with National Incident Management System (NIMS) requirements to be eligible to receive federal preparedness funds. 4.10. The Political Subdivision shall comply with applicable financial and administrative requirements set forth in the current edition of 44CFR, Part 13, including, but not limited to the following provisions: a. Account for receipts and expenditures; maintain adequate financial records and refund expenditures disallowed by federal or state audit. b. Retain all financial records, statistical records, supporting documents, and other pertinent materials for at least three years after the grant is closed by the awarding federal agency for purposes of federal and/or state examination and audit. c. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, "Audits of States, Local Government and Non-Profit Organizations", as further described in 44CFR, Part 13. 4.11. The Political Subdivision shall integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347 and the Rehabilitation Act of 1973 4.12. Environmental and Historic Preservation Compliance: The federal government is required to consider the potential impacts to the human and natural environment of projects proposed for federal funding. The Environmental and Historic Preservation (BHP) program engages in a review process to ensure that federally-funded activities comply with various federal laws. The goal of these compliance requirements is to protect our nation's water, air, coastal, wildlife, agricultural and low-income and minority populations. The Political Subdivision shall not undertake any project having the potential to impact EHP resources without prior approval. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal funding. Page 4 2015 Homeland Security Grant Program Funding Agreement — 11182015 4.13 The Political Subdivision shall comply with the Davis-Bacon Act (40 U. S.C. 3141 et seq) for grant funded construction projects. The Political Subdivision must ensure that contractors or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor wage determinations is located at: htip://www.dot gov/compliance/laws/comp-dbra.htm. 4.14 Upon request, the Political Subdivision will supply to the Subgrantor any information required to meet 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 D HS program sp cci fi reporting requirements. 4.15 The Political Subdivision must acknowledge and agree to comply with applicable provisions governing U.S. Department of Homeland Security (DHS) access to records, accounts, documents, information, facilities, and staff. The Political Subdivision 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 DHS Standard Administrative Terms and Conditions located at littps ://www. dhs. go v/publi c ation/fy1 5 -dhs-standard- terms-and-conditions, specifically in the DHS Specific Acknowledgements and Assurances on pages 7 and 8. 5, REGION 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and acknowledge that the Region 2 Planning Board shall have the following responsibilities: 5.1. Undertake studies and make recommendations on matters of emergency management and homeland security to Political Subdivisions in the Region; 5.2. Prepare and present to the State Homeland Security Advisory Council findings of activities and initiatives undertaken in the Region; 5.3. Hold public meetings, subject to the Michigan Open Meetings Act; 5.4. Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by Federal and State homeland security program requirements; 5.5. Establish sub-committees to carry out its work; 5.6. Advocate for, monitor, and actively engage in the implementation of the Regional Homeland Security Strategy; and 5.7. Review and approve all required forms for the expenditure of Grant Program funds that are submitted. Page 5 2015 Homeland Security Grant Program Funding Agreement — 11182015 5.8. Ensure that all grant projects are aligned to the appropriate FY 2015 HSGP Investment and Homeland Security Strategy. Projects to be funded by SHSP must align to one of Michigan's FY 2015 SHSP Investments and the State of Michigan Homeland Security Strategy. Projects to be funded by UASI must align to a FY 2015 UASI Investment and the UASI Homeland Security Strategy. Project documentation will include an explanation of how each project benefits Region 2, 5.9. Ensure the Subgrantee, in its role as regional fiduciary, is fully apprised of all projects approved by the Region 2 Homeland Security Planning Board. 5.10. Develop and implement a stand-alone Southeast Michigan Urban Area Security Initiative (SEMI UASI) Multi-Year Training and Exercise Plan or provide evidence of the SEMI UASI's adoption and utilization of the state's Multi-Year Training and Exercise Plan. 6. DURATION OF INTERLOCAL AGREEMENT. 6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party and shall end three (3) years from the date the Grant Program is closed. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 7. LIABILITY/ASSURA_NCES. 7.1. Each Party shall be responsible for any Claim made against that Party by a third party, and for the acts of its employees or agents arising under or related to this Agreement. 7.2. In any Claim that may arise under or relate to this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation, including attorney fees. 7.3. Neither Party shall have any right under any legal principle to be indemnified by the other Party or any of its employees or agents in connection with any Claim. 7.4. Notwithstanding any other provision of this Agreement, the Political Subdivision shall be solely responsible for all costs, fines, and fees associated with the use and misuse of Grant Program funds that it receives or the use or misuse of the equipment, including but not limited to, costs for replacing the equipment or costs, fines, or fees associated with an ineligible use determination by auditors. 7.5. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 7.6. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit B, and the 2015 Homeland Security Grant Program Guidance. Page 6 2015 Homeland Security Grant Program Funding Agreement — 11182015 8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of termination and/or cancellation shall be clearly stated in the notice. If this Agreement is terminated and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of termination and/or cancellation, shall remain valid and govern the Parties' duties and obligations regarding equipment transferred to the Political Subdivision and the Parties shall execute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination and/or cancellation. 9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement. 12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights finder this Agreement without the prior written consent of the other Party. 14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any twit, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any two., condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 15, SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, Page 7 2015 Homeland Security Grant Program Funding Agreement — 11182015 any reference to the male, female, or neuter genders, and any possessive or nonpossessiye use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class Or certified U.S. mail. 17,1. If Notice is sent to the Fiduciary, it shall be addressed and sent to: Macomb County Office of Emergency Management and Communications, 117 S. Groesbeck., Mt. Clemens, MI 48043. 17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, MI 48341 and Oakland County Homeland Security Manager, 1200 North Telegraph Road, Building 47 West, Pontiac, MI 48341. 17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change 18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and executed by both Parties. 20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, EXECUTED: DATE: Mark Deldin, Deputy County Executive Macomb County Executive Office WITNESSED: DATE: Political Subdivision: Oakland County, Michigan EXECUTED: DAl E: Michael I. Gingell, Chairman Oakland County Board of Commissioners WITNESSED: DATE: Page 8 2015 Homeland Security Grant Program Funding Agreement — 11182015 OAKLAND COUNTY HOMELAND SECURITY DIVISION MEMORANDUM OF UNDERSTANDING - TRANSFER/ACCEPTANCE OF EQUIPMENT Oakland County Homeland Security (hereinafter referred to as the Grantor), in accordance with the "CLICK HERE TO ENTER THE GRANT YEAR & GRANT NAME" is providing the below listed equipment to "CLICK HERE TO ENTER THE ACCEPTING ENTITY'S NAM E"(hereinafter referred to as the Subrecipient) DUNS # "CLICK HERE TO ENTER DUNS # The undersigned acknowledges acceptance of said equipment and understands the following: 1. The original source of grant funding is: "ENTER FEDERAL GRANTING AGENCY NAME", CFDA# "ENTER CFDA ft", FEDERAL AWARD # "ENTER FEDERAL AWARD #". The funding is passed through the Michigan Department of State Police, Emergency Management and Homeland Security Division Grant #, "ENTER GRANT AWARD tr and the County of Macomb Grant # "ENTER GRANT AWARD #". 2. The federal award period is "CLICK HERE TO ENTER BEGINNING DATE" through "CLICK HERE TO ENTER ENDING DATE", 3. The purpose of the Federal funding is "CLICK HERE TO ENTER DESCRIPTION". 4. The amount of Federal funds obligated or value of equipment provided to the Subrecipient is "CLICK HERE TO ENTER AMOUNT". 5. By signing this Memorandum of Understanding, the Subrecipient accepts the Equipment in its current condition, "AS IS", and acknowledges that it had an opportunity to inspect the Equipment. 6. By signing this Memorandum of Understanding, the Subrecipient agrees to comply with the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements (2 CFR Part 200). The Subrecipient receiving assets will be required to complete a risk assessment and be subject to financial and program monitoring. Oakland County Fiscal Services will provide necessary information to Subrecipients for their single audit reporting on a quarterly basis. 7. Upon execution of this Ownership Agreement the Subrecipient shall be solely responsible for the Equipment, including but not limited to the following: 7.1.1. Operation of the Equipment; 7.1.2. Maintenance and repair of the Equipment; 7.1.3. Replace or repair Equipment which is willfully or negligently lost, stolen, damaged, or destroyed; 7.1.4. Investigate, fully document, and make part of the official Grant Program records any loss, damage, or theft of Equipment; 7.1.5. Insurance for the Equipment if required by law or if the Political Subdivision deems it appropriate in its discretion; 7.1.6. Training for use of the Equipment, if training is not included with the purchase of the Equipment; and 7.1.7. Liability for all Claims arising out of the Political Subdivision's use of the Equipment. 7.2. The Subrecipient shall comply with and shall use the Equipment in accordance with the requirements in 44 CFR 13.32 — Equipment and the "CLICK HERE TO ENTER THE GRANT YEAR & GRANT NAME" Program Guidance. 7.3. The Subrecipient shall keep the Grantor informed of the location of the Equipment. If the Equipment by its nature is mobile, the Subrecipient must provide a general location or "home-base" where the Equipment can be found. If the location of the Equipment changes, the Subrecipient shall provide the new location to the Grantor immediately. The information required by this Section shall be provided to the Grantor upon execution of this Ownership Agreement and continue until three (3) years after the close of this Grant Program. 7.4. Subrecipients receiving $750,000 or more in Federal funds in their fiscal year shall have a single audit performed in compliance with 2 CFR 200 Subpart F — Audit Requirements. The equipment included on this Memorandum of Understanding shall be included on the Schedule of Expenditures Page 1 of 3 AMOUNT EQUIPMENT VENDOR PHYSICAL LOCATION OF 24 HOUR CONTACT BUSINESS CONTACT. OAKLAND COUNTY HOMELAND SECURITY DIVISION MEMORANDUM OF UNDERSTANDING - TRANSFER/ACCEPTANCE OF EQUIPMENT of Federal Awards if the agency is required to have a single audit performed. Subrecipients must also submit a Corrective Action Plan for any audit findings that impact Homeland Security funded programs and management letter (if issued) with a response. Subrecipients exempt from the Single Audit requirements that receive less than $750,000 of total Federal funding must submit a Financial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact Homeland Security programs including, but not limited to fraud, financial statement misstatements, and violations of contract and grant provisions. Except for Equipment that is disposable or expendable, the Subrecipient shall inform the Grantor if it plans to dispose of the Equipment and work with the Grantor regarding any issues associated with disposal of the Equipment. 7.5. The Subrecipient shall be solely responsible for all costs, fines, and fees associated with the use and misuse of the Equipment, including but not limited to, costs for replacing the Equipment or costs, fines, or fees associated with an ineligible use determination by auditors. 7.6. The Subrecipient shall make the Equipment available to the Grantor and State and Federal Auditors upon request. 7.7. The Subrecipient shall make the Equipment available to all regional partners subject to any user agreements or Memorandum of Understanding that may be required by the Subrecipient. 7.8. EQUIPIVIENT "DOUBLE-CLICK TO ADD MORE EQUIPMENT" (DELETE this Row and Command After All Equipment Has Been Entered) The person acting for the Grantor in administering this equipment is: Name: Location/Building: Telephone No.: Email Address: Page Z of 3 OAKLAND COUNTY HOMELAND SECURITY DIVISION MEMORANDUM OF UNDERSTANDING - TRANSFER/ACCEPTANCE OF EQUIPMENT Accepted By: Signature: Date: Printed Name: Phone: Organization: Email Address: Witnessed By Oakland County Homeland Security: Signature: Date: Printed Name: Phone: Page 3 of 3 Resolution #16051 March 30, 2016 Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingeli, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Bowman, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). HEREBY APPROVE 'MIS 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 March 30, 2016, 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 March, 2016. Lisa Brown, Oakland County