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HomeMy WebLinkAboutResolutions - 2018.04.19 - 23388MISCELLANEOUS RESOLUTION #18094 April 19, 2018 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION — 2017 HOMELAND SECURITY GRANT PROGRAM 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 2017 Homeland Security Grant Program (HSGP); and WHEREAS the State of Michigan has awarded a 2017 Homeland Security Grant to Region 2 which includes, but is not limited to, the City of Detroit and the counties of Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne; 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) 2017 HSGP; and WHEREAS Macomb County has entered into a grant agreement with the State of Michigan as the subgrantee; and WHEREAS in the previous FY, Oakland County was awarded $48,634 from the State Homeland Security Grant Program (SHSGP), $562,972 from the UASI and $141,531 for regional projects for a total award of $753,137; and WHEREAS in the current FY, Oakland County is awarded $48,426 from the SHSGP, $535,493 from the UASI and $133,846 for regional projects for a total award of $717,765, a decrease of $35,372 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 Oakland County Corporation Counsel has reviewed and approved the attached Memorandum of Understanding (MOU) — Transfer/Acceptance of Equipment for all purchased equipment by Oakland County to be used for the 2017 HSGP; and WHEREAS the MOU will be signed every time a piece of equipment is given to an Oakland County special response team or community to use under the scope and intent of the grant; and WHEREAS Corporation Counsel has reviewed and approved the Terms of 2017 HSGP Funding document for all training, conferences or related expenses; and WHEREAS the Terms of 2017 HSGP Funding will be signed by a special response team or community once a year for all training, conference or related expenses funded by the grant; and WHEREAS the MOU — Transfer of Equipment and the Terms of 2017 HSGP Funding documents will be kept on file with the required grant reimbursement paperwork within the Homeland Security Division; and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Grant Agreement along with funding totaling $717,765 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 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 and continuation of the special revenue positions in the grant is contingent upon future levels of grant funding, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Memorandum of Understanding — Transfer/Acceptance of Equipment for all purchased equipment by Oakland County to be used for the 2017 HSGP. GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Quarles absent. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Terms of 2017 Homeland Security Grant Program Funding for all training, conferences or related expenses for the special response teams or communities. BE IT FURTHER RESOLVED that the Manager or Chief of the Homeland Security Division are authorized to approve each Memorandum of Understanding and Terms of 2017 Homeland Security Grant Program Funding issued to a community or special response team. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Commissioner Christine Long, District #7 Chairperson, General Government Committee GRANT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: 2017 Homeland Security Grant Program FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division (Macomb County fiduciary) DEPARTMENT CONTACT PERSON: Thom Hardesty 248-452-9578 STATUS: Grant Acceptance DATE: March 29, 2018 Pursuant to Misc. Resolution #17194, 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 (3/23/2018) Department of Human Resources: FIR Approved (No Committee) Continues Positions —Lori Taylor (3/27/2018) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (3/27/2018) Corporation Counsel: Approved by Corporation Counsel. — Stephen Rideout (3/29/2018) 2017 HOMELAND SECURITY GRANT PROGRAM INTERLOCAL FUNDING AGREEMENT BETWEEN MACOMB COUNTY AND OAKLAND COUNTY This Interlocal Funding Agreement ("the Agreement") is made between Macomb County, 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 2017 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 2017 Homeland Security Grant Program by Region 2 Planning Board at its August 16, 2017 meeting. Macomb County accepted the position of Fiduciary and as a result entered into the 2017 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: 1. 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 defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise. Page 1 2017 Homeland Security Grant Program Funding Agreement 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. 2017 Homeland Security Grant Program ("Grant Program") means the grant program described and explained in Exhibit B which began September 1, 2017 and ends May 31, 2020. 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 August 16, 2017; re: 2017 Homeland Security Grant Program Fiduciary; 2.2. Exhibit B — 2017 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 2017 Homeland Security Grant Program Guidance. Page 2 2017 Homeland Security Grant Program Funding Agreement 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 forms 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 2 CFR, Part 200.313 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 amount shall include the dollar amount of equipment purchased with Grant Program funds by the Political Subdivision. 33. 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 $48,426.00 in the SHSP funding source; and $535,493.00 in the 1LTASI 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, 2019. 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 Funding Allocation. 4.4. The Political Subdivision shall use the equipment purchased with Grant Program funds, and all Grant Program funds in accordance with the 2017 Homeland Security Grant Program Guidance. Page 3 2017 Homeland Security Grant Program Funding Agreement 4.5. The Political Subdivision shall keep the Fiduciary informed 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 information required by this Section shall be provided to the Fiduciary upon receipt of the equipment by the Political Subdivision and continue until the equipment is disposed of in accordance with federal regulations. 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 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. c. Non-federal organizations which expend $750,000 or more in federal funds during their current fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and 2 CFR, Part 200. 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 (EFT) 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 EFIP review and approval will result in a non-compliance finding and will not be eligible for federal funding. Page 4 2017 Homeland Security Grant Program Funding Agreement 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: http://www.dol.gov/whd/govcontracts/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 DHS program spec i fi c reporting requirements. 4.15 The Political Subdivision must acknowledge and agree to comply with applicable provisions governing U.S. Depatiment 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 https://www.dhs.gov/publication/fyl 5 -dhs-standard- terms-and-conditions , specifically in the DHS Specific Acknowledgements and Assurances on page 1. 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 2017 Homeland Security Grant Program Funding Agreement 5.8. Ensure that all grant projects are aligned to the appropriate FY 2017 HSGP Investment and Homeland Security Strategy. Projects to be funded by SHSP must align to one of Michigan's FY 2017 SHSP Investments and the State of Michigan Homeland Security Strategy. Projects to be funded by UASI must align to a FY 2017 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/ASSURANCES. 7.1. Each Party shall be responsible for any Claim made against that Party by a third party, and for the acts of its employees or agents arising under or related to this Agreement. 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 2017 Homeland Security Grant Program Guidance. Page 6 2017 Homeland Security Grant Program Funding Agreement 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 under 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 won, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, Page 7 2017 Homeland Security Grant Program Funding Agreement any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 17.1. If Notice is sent to the Fiduciary, it shall be addressed and sent to: Macomb County Office of Emergency Management and Communications, 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 Rd, Pontiac, MI 48341 and Oakland County Homeland Security Manager, 1200 N. Telegraph Rd, 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: DATE: Michael J. Gingell, Chairman Oakland County Board of Commissioners WITNESSED: DATE: Page 8 2017 Homeland Security Grant Program Funding Agreement 1011 (None) 1012 1013 (Motion carries unanimously) 1014 1015 MS, NORTHERN: We will accept the ranking as submitted. 1016 1017 d. FY 2017 Regional Project Allocation Adjustments 1018 1019 MS. NORTHERN: The next item, "FY 2017 Regional Project Allocation 1020 Adjustments". 1021 1022 MR. LEWIS: This one is pretty simple. As you know for '17, when the actual 1023 award numbers coming out from FEMA, it was about 5% lower than what we received in 2016. 1024 We had to make an adjustment to the Regional Project Allocations to account for that 5% 1025 reduction. I have done so. Just to summarize, the money comes from the only flexible line item 1026 we have in that allocation, which is the Regional Planners. Basically, all of the other projects, 1027 DSEMBC, Coordinator, EMNet, all remains the same. The Regional Planners was adjusted so 1028 that the project allocations within the FY 2017 Regional Project Allocation match the amount of 1029 money. 1030 1031 MR. FRIEDLAND: Motion to approve. 1032 1033 MR. STURDIVANT: Support. 1034 1035 MS. NORTHERN: All in favor? 1036 1037 BOARD MEMBERS: (In Unison) Aye. 1038 1039 MS, NORTHERN: Any opposed? 1040 1041 (None) 1042 1043 (Motion carries unanimously.) 1044 1045 MS. NORTHERN: We will accept that adjustment of 5%. 1046 1047 X. NEW BUSINESS 1048 1049 a. Appointment of FY 2017 Regional Fiduciary 1050 1051 MS. NORTHERN: On to "New Business", Appointment of our FY 2017 1052 Regional Fiduciary. 1053 1054 MR PINETTE: I make a motion. 1055 1056 MS. NORTHERN: Madam Current Fiduciary, do you accept that responsibility? 1057 MR. PINETTE: Any objections, Vicki? 1058 1059 MS. WOLBER: lam good. 1060 1061 MR. FRIEDLAND: Definitely support. 1062 1063 MS. WOLBER: Mike, are you going to stay another year? 1064 1065 MR. CURTIS: My pleasure. 1066 1067 MR. FRIEDLAND: May I make a comment? 1068 1069 MS. NORTHERN: Yes. 1070 1071 MR FRIEDLAND: The last few years have been fantastic. It is a system. It 1072 flows. It is easy. Vicki and I have been on since basically the inception. Things have gone from 1073 kind of night to day and day to night. It is so much better now than in the years past. I am not 1074 criticizing the years past. They got it down so why quit. 1075 1076 MS. NORTHERN: We appreciate you. 1077 1078 MS. WOLBER: Thank you. I did get help when we made the move to have 1079 Brandon in the office. 1080 1081 MR. CURTIS: Yes. It was absolutely the right call. 1082 1083 MS. NORTHERN: I think we heard a motion and a second. All in favor? 1084 1085 BOARD MEMBERS: (In Unison) Aye. 1086 1087 MS. NORTHERN: Any opposed? 1088 1089 (None) 1090 1091 (Motion carries unanimously) 1092 1093 MS. NORTHERN: Thank you again for taking that very huge responsibility for 1094 the Board. 1095 1096 b. FY 2017 Port Security Grant Program 1097 1098 MS. NORTHERN: Now we are on the "FY 2017 Port Security Grant Program". 1099 1100 MR. LEWIS: Jennifer is here from the Coast Guard, and would like to brief the 1101 Board on some of the information regarding the applications that they have received for the FY 1102 '17 Port Security Grant, just a general overview just so we can see how Port Security is State of Michigan Fiscal Year 2017 Homeland Security Grant Program Grant Agreement September 1, 2017 to May 31, 2020 CFDA Number: 97.067 Grant Number: EIVIW-2017-SS-00013 This Fiscal Year (FY) 2017 Homeland Security Grant Program (HSGP) grant agreement is hereby entered into between the Mich1gan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Recipient), and the COUNTY OF MACOMB (hereinafter called the Subreciptent) Purpose The FY 2017 HSGP supports state, local, and tribal efforts to prevent terrorism and other catastrophic events, and prepares the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The FY 2017 HSGP provides funding to implement investments that enhance terrorism preparedness and serve to build, sustain, and deliver the 32 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 and as a part of the regional board for the FY 2017 HSGP, The HSGP is comprised of three grant programs, two of which are covered by this grant agreement: State Homeland Security Program (SHSP): The SHSP assists state, local, and tribal preparedness activities that address high-priority preparedness gaps across all core capabilities where a nexus to terrorism exists. All supported investments are based on capability targets established in the Threat and Hazard Identification and Risk Assessment (THIRA) process, and gaps identified in the State Preparedness Report (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 (UASI): The UASI 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 of terrorism using the whole community approach. Activities implemented with UAS1funds 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. Subreciplents must demonstrate the dual-use quality for any activities implemented that are not explicitly focused on terrorism preparedness. Urban Areas must use UASI funds to employ regional approaches to overall preparedness and are encouraged to adopt regional response structures whenever appropriate. UAS1 program implementation and governance must include regional partners and should have balanced representation among entities with operational responsibilities for prevention, protection, mitigation, response, and recovery activities within the region. Identified Urban Areas FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 2 of 11 must take an inclusive regional approach to the development and implementation of the UASI program and involve the contiguous jurisdictions, mutual aid partners, port authorities, rail and transit authorities, state agencies, statewide Interoperability Coordinators, Citizen Corps Council(s), and campus law enforcement in their program activities. Allowable activities must comply with the FY 2017 Homeland Security Grant Program Notice of Funding Opportunity located at hftp://www.fema.govigrants , align with Michigan's FY 2017 HSGP investments, clearly address capability targets identified in the THIRA and gaps noted in the SPR, and align to projects specifically approved by the Recipient. Subrecipients must take a regional approach when determining the best use of FY 2017 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 communities, and applicable volunteer organizations in developing their HSGP projects and activities. II, Statutory Authority Funding for the FY 2017 HSGP is authorized by Section 2002 of the Homeland Security Act of 2002, as amended (Public Law 107-296), (6 U.S.C. § 603). Appropriation authority is provided by the Department of Homeland Security Appropriations Act, 2017, (Public Law No. 115-31). The Subreciplent agrees to comply with all FY 2017 HSGP program requirements in accordance with the FY 2017 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.fema.gov/grants, the U.S. Department of Homeland Security (OHS) Standard Administrative Terms and Conditions located at https://www.dhs.govipubliention/fY15-dhs-standarckerms-and-conditions, the FY 2017 HSGP Agreement Articles Applicable to Subrecipients, and the FY 2017 HSGP Michigan Supplemental Guidance provided electronically by Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD). The FY 2017 HSGP Agreement Articles Applicable to Subrecipients document is included for reference in the grant agreement packet, The Subrecipient shall also comply with the most recent version of: 1. 2 C, ER., Part 200 of the Code of Federal Regulations (C.F.R.), Uniform.Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at http://vvww.ecfr.gev. 2. 44 C.F.R., Part 10, Environmental Considerations III, 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 K518,761.00 under the FY 2017 HSGP. The grant agreement shall be administered based on the Subrecipient's policies and procedures, provided they conform to state and federal rules, laws, and/or regulations. la. The FY 2017 HSGP covers eligible costs from September 1, 2017, to May 31, 2020. C. HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional public health and/or safety duties or to supplant traditional public health and/or safety positions and responsibilities. D. At least $1,129,688.00 of award funds must be dedicated towards Law Enforcement 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 FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 3 of 11 Protection Framework) located at http://www.fema.govinational-planning-frameworks. The Subrecipient must meet its minimum LETPA funding requirement for the FY 2017 HSGP, E. A maximum of $187,375.00 of SHSP award funds and $2,072,000.00 of UASI award funds may be used for personnel and personnel-related activities as directed by the Personnel Reimbursement for intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act of 2008 (Public Law 110-412). In general, the use of HSGP funding to pay for staff and/or contractor regular time or overtime/backfill is considered a personnel cost. A definition of personnel costs is provided in Appendix C of the FY 2017 Homeland Security Grant Program Notice of Funding Opportunity. F. Exactly $18,737.00 of SHSP award funds and $207,200.00 of UASI award funds may be retained and used solely for management and administration (M&A) purposes associated with the SHSP and UASI portions of the HSGP award, M&A allowable costs are defined in the FY 2017 Homeland Security Grant Program Notice of Funding Opportunity located at http://www,fema.gov/grants, G. Exactly $89,004.00 of SHSP award funds and $984,200.00 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 Subreciplent in the amounts listed below: County of Macomb SHSP funding source: $39,946.00 UAS1 funding source: $441,719.00 County of Monroe SHSP funding source: $22,099.00 UASI funding source: $244,37100 County of Oakland SHSP funding source: $48,426.00 UASI funding source: $535,493.00 County of St Clair SHSP funding source: $25,987.00 UASi funding source: $287,361.00 County of Washtenaw SHSP funding source: $26,148.00 UASI funding source: $289,142.00 County of Wayne SHSP funding source: $53,622.00 UASI funding source: $592,960.00 City of Detroit SHSP funding source: $50,782.00 UASE funding source: $561,563,04 I. Reimbursement of allowable expenses to the local governmental unit by the Subrecipient will be contingent on satisfactory completion of all responsibilities identified within this grant agreement by the local governmental unit, as determined by the Subreciplent and/or the Recipient. J. No portion of the funds specifically allocated to local governmental units may be used for M&A expenses. FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 4 of 11 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, 2019, 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 FY 2017 HSGP grant investments. To assist Subrecipients, the Recipient has developed the FY 2017 HSGP 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 2017 SHSP investment justification. M. Except as otherwise specifically set forth in this grant agreement, the Recipient (not the Subrecipient) shall make the final determination on how funds awarded under this grant agreement are allocated and/or spent, from projects reviewed and approved by the regional board and submitted to the Recipient by the Subreciplent. N. For any activities involving construction, demolition, ground disturbance, or installations of equipment, an Environmental and Historic Preservation (EHP) Review must be completed prior to starting any work on the project. Any work started before receiving NV approval will result in a non-compliance finding and not be eligible for federal funding. D. A portion of FY 2017 HSGP funds should be allocated toward sustainment of the Regional Response Team Network (RRTN) and search and rescue capabilities, where applicable. The Subrecipient should ensure that support is provided through appropriate planning, equipment, training, and exercise activities. P. In the event that OHS 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, Subrecipients 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. 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 FY2017 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.femagov/grants for a detailed list of allowable costs and program activities under this grant. Allowable costs are specifically addressed in Appendix C - FY 2017 HSGP Funding Guidelines. 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 (EMD-053) 4. Request for Taxpayer Identification Number and Certification (W-9) 5. Other documents that may be required by federal or state officials FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 5 of 11 D. The Subreciplent agrees to act as the Fiduciary Agent on behalf and as a part of the regional board for the FY 2017 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.goviemhsd, or can be requested by sending an email to EMD_HSGP@michigan.gov . 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 and Recipient grant guidelines, must directly support one of the FY 2017 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 of work 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 http://vinivw.michigan,goviembsd, or can be requested by sending an email to EMD_HSGP@michigan.gov . 4. The Subrecipient 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. 6. The Subrecipient will select an individual to act as a fiduciary single point of contact between the Subrecipient and the Recipient. The separate roles of programmatic single point of contact and fiduciary single point of contact may be filled by the same individual at the discretion of the Subrecipient 6. Create and maintain an annual inventory of all equipment purchases in accordance with 2 C.F.R., Part 200.313 located at http://www,ecfr.gov. Within 30 days of the end of the Subrecipients fiscal year, the Subrecipient must supply a copy of its annual equipment inventory to the Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD). An electronic copy can be sent to loaders@michigarrigov (include year and "equipment inventory" in the subject line), or a hard copy can be mailed to: MSP/EMHSD, Audit Unit, P.O. Box 30634, Lansing, Michigan, 48909, An Equipment Tracking Form is available to assist the Subrecipient in meeting these requirements. The form can be found online at http://www,michigan.gov/emhsd (select Grants Programs & Publications). 7. If the Subrecipient purchases equipment for a local governmental unit with FY 2017 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 local governmental units. At minimum, the Subrecipient should prepare documents, which, when signed, will indicate ether designated local governmental units accept full legal and financial responsibility 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 will be reallocated. 9. Comply with applicable financial and administrative requirements set forth in the current edition of 2 C.F.R., Part 200, including, but not limited to, the following provisions: FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 6 of 11 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. Retain all financial records, statistical records, supporting documents, and other pertinent materials for equipment purchases for three years after their disposition. d. Non-federal organizations which expend $750,000 or more in federal funds during their current fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and the requirements of the Government and Accountability Office's (GAO) Government Auditing Standards and Subpart F of 2 C.F.R., Part 200, 10. Comply with National Incident Management System (N1MS) requirements to be eligible to receive federal preparedness funds. NIMS information is available at http://wvvw.fema.gov/national-incident- management-system . More information on complying with NIMS is available from the State NIMS Coordinator. 11. Subrecipients must carry out their programs and activities in a manner that respects and ensures the protection of civil rights for protected populations, These populations include but are not limited to individuals with disabilities and others with access and functional needs, individuals with limited English proficiency, and other diverse racial and ethnic populations, in accordance with Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and Executive Order 13347. 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 EI-11 0 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 work started before receiving RIP approval will result in a non-compliance finding and 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 prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor wage determinations, is located at http://www.dol.gov/whd/govcontracts/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 DHS program specific reporting requirements. 15. The Subrecipient must acknowledge and agree to comply with applicable provisions governing DHS 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 MS Standard Administrative Terms and Conditions located at https://www,fts,gov/publication/fy15-dhs-standard-terms-and-conditions, specifically in the DHS Specific Acknowledgements and Assurances on page 1. 16. Upon request, Subrecipient will supply Information to the Recipient as required to address federal reporting requirements for fusion centers. Reference page 41 of the FY 2017 Homeland Security Grant Program Notice of Funding Opportunity for additional details. FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 7 of 11 17. The Subrecipient must acknowledge and agree to comply with applicable provisions governing DHS 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.gov/publicationifyl5-dhs-standard-terms-and-conditions, specifically in the OHS Specific Acknowledgements and Assurances on page 1. 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 ry 2017 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 FY 2017 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 2017 SHSP investments and support a core capability. Projects to be funded by UASI must align to a FY 2017 UASI investment and support a core capability. The Region 2 Homeland Security Planning Board should consider the benefits to Region 2 prior to approving projects for funding. C. Ensure the Subrecipient, in its role as regional fiduciary, is fully apprised of all projects approved by the Region 2 Homeland Security Planning Board. D. Develop and implement a standalone 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. VI. 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 Subreoipient, 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 en 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://vvww_michigan.goviemhsd, or can be requested by sending an email to EMD_HSGP(amichigan.gov. FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 8 of 11 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 funding 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 Subrecipient 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 MSP/EMHSD website located at http://www.michigan.gev/emhsd . The Subrecipiert will not be reimbursed for funds until all required signed documents and reimbursement documentation are received, 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. Funds which are not encumbered or do not have pending reimbursement requests by that date will be reallocated. Drawdown of Funds in Advance. Up to 90 days prior to expenditure, the Subreclpient may request funds for purchases of $10,000 or more. All of the following requirements must be met when requesting 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. B. The Suhrecipient must place advanced funds in an interest-bearing account. G. The Subrecipient may retain interest up to $600 per year (2 C.F.R., Part 200.305) for administrative expenses incurred for all federal grants combined. D. The Subrecipient must notify the Recipient quarterly, in writing, of any interest earned over $500. E. The Submcipient must remit any interest earned over $500 promptly, and at least quarterly, to; Michigan State Police, Emergency Management and Homeland Security Division, Grants and Financial Management Section, P.O. Box 30634, Lansing, Michigan, 48909. F. The Subrecipient must liquidate each advance by the date specified by the Recipient (usually within 90 days). • 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 et seq.; the Fersons with Disabilities Civil Rights Act, 1976 PA 220, as amended, IVICL 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 Subreclpient for projects related to this grant agreement appears on the Federal Excluded Parties List System located at https://www.sam.gov, FY2017 HSGP County of Macomb (Fiduciary for Region 2) Page 9 of 11 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. XI. 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. XII. Grant Agreement Period This grant agreement is in full force and effect from September 1, 2017, to May 31, 2020. 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 cut 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. XIII. 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. 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 void or unenforceable, the remainder of the grant agreement shall remain valid. The Recipient may suspend or terminate grant funding to the Subreciplent, in whole or in part, or other measures may be imposed for any of the following reasons: A. Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. B. Failure to comply with the requirements or statutory objectives of federal or state law. C. Failure to follow grant agreement requirements or special conditions. D. Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding, 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. FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 10 of 11 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 net 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 Subrecipients business integrity. XV. 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 C.F.R., Part 29) and Sensitive Security Information (49 C.F.R., Part 1520), as these designations may provide additional protection to certain classes of homeland security information. (311 Date FY 2017 HSGP County of Macomb (Fiduciary for Region 2) Page 11 of 11 XVI. Official Certification For the Suhreolpient 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 026544713 Subredipient Name Subrecipient's DUNS Number Mark Deldin Chief Deputy County Executive Printed Name Title CQfidtred2gee-g--- / Signatd(e Date For the Recipient (Michigan State Police, Emergency Management and Homeland Security Diykion) Capt. Chris A. Kelenske, Commander Printed Name Deputy State Director of Emergency Management and Homeland Security Title cALD Signature Date lotti/-1 For the Regional Board The Regional Board Chair's 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 2017 FISGP. DOANA k.;-/ d 1f1 1 Regional Board Chair Printed Name Title EMERGENCY MANAGEMENT & COMMUNICATIONS 117 South Groesbeck Highway Mount Clemens, Michigan 48043 Phone: 586.469.5270; Fax: 586.469.6439 wvvw.oemc.macombgov.org Victoria Wolber, PEM Director David McIntyre Emergency Program Manager P'4 1813,07 5. #4, Mark A. Hackel County E>tecutive MACOMB. COUNTY 40///is 411111111 Olfr.a814114111401121 MEW LW Uri If CIL Communications & Technology Center March 22, 2018 Thomas Hardesty, Manager Oakland County Homeland Security Division 1200 N Telegraph Rd. Bldg. 47W Pontiac MI 48341 Dear Mr. Hardesty, The Urban Area Security Initiative (UASI) Board has approved 2017 UASI regional projects that award funding to each of the seven jurisdictions. Oakland County was awarded $35,846.00 for the Solution Area Planner (SAP) project and $83,000.00 to fund one intelligence analyst position at the Detroit Southeast Michigan Intelligence and Information Center (DSEMIIC). The UASI Board has also allocated $15,000 of 2017 UASI regional funding to Oakland County for Training and Over-time related to the DsEmlic Analyst position throughout the 2017 grant period. These projects are reimbursed from the regional allocation through Macomb County as the fiduciary, Michael Curtis Homeland Security Grant Manager 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 Fiscal Year 2017 Homeland Security Grant is providing the below listed Equipment to (hereinafter referred to as the Su brecipient), DUNS #. The undersigned acknowledges acceptance of said Equipment and understands the following: 1. The original source of grant funding is: U.S. Department of Homeland Security, CFDA# 97.067, Federal Award #DHS-17-GPD-067-00-01. The funding is passed through the Michigan Department of State Police, Emergency Management and Homeland Security Division Grant and the County of Macomb Grant # EMW-2017- SS-00013. 2. The federal award period is September 1, 2017 through May 31, 2020. 3. The purpose of the Federal funding is to support state and local efforts to prevent terrorism and other catastrophic events and prepares the Nation for the threats and hazards that pose the greatest risk to the security of the United States. 4. The amount of Federal funds obligated or value of Equipment provided to the Subrecipient is $ 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 Memorandum of Understanding 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 Fiscal Year 2016 Homeland Security Grant 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 Su brecipient 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 Memorandum of Understanding and continue until three (3) years after the close of this Grant Program. Except for items valued under $5,000 that are disposable or expendable, the Subrecipient shall inform the Grantor if it plans to dispose and/or return the Equipment and work with the Grantor regarding any issues associated with disposal/return of the Equipment. Page 1 of 3 EQUIPMENT A OUNT OAKLAND COUNTY HOMELAND SECURITY DIVISION MEMORANDUM OF UNDERSTANDING - TRANSFER/ACCEPTANCE OF EQUIPMENT 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 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. 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. EQUIPMENT VENDOR PHYSICAL LOCATION OF 24 HOUR CONTACT BUSINESS CONTACT EQUIPMENT (NAME & PHONE) (NAME & PHONE) The person acting for the Grantor in administering this equipment is: Name: Location/Building: Telephone No.: Email Address: Page 2 of 3 OAKLAND COUNTY HOMELAND SECURITY DIVISION MEMORANDUM OF UNDERSTANDING - TRANSFER/ACCEPTANCE OF EQUIPMENT Organization: Authorized Official: Signature: Date: Printed Name: Phone: Email Address: Financial Point of Contact: Signature: Date: Printed Name: Phone: Email Address: Approved By Oakland County Homeland Security: Signature: Date: Printed Name: Phone: Title: Page 3 of 3 Terms of 2017 Homeland Security Grant Program (HSGP) Funding Oakland County Homeland Security (hereinafter referred to as the Grantor), in accordance with the 2017 Homeland Security Grant Program (HSGP) is providing funding for training, conferences or related expenses to (hereinafter referred to as the Subrecipient) DUNS # . The subrecipient acknowledges acceptance of said training, conferences, exercises or related expenses reimbursed or paid directly by Oakland County on behalf of the subrecipient and understands the following: 1. The original source of grant funding is: U.S. Department of Homeland Security, Federal Emergency Management Agency, CFDA# 97.067, FEDERAL AWARD # DHS-17-GPD-067-00-01, The funding is passed through the Michigan Department of State Police, Emergency Management and Homeland Security Division Grant and the Countyof Macomb Grant # EMW-2017-SS-00013. 2. The federal award period is September 1, 2017 through May 31,2020. 3. The purpose of the Federal funding is to support state and local efforts to prevent terrorism and other catastrophic events and prepares the Nation for the threats and hazards that pose the greatest risk to the security of the United States. 4. 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 will be required to complete a risk assessment and is subject to financial and program monitoring. Oakland County Fiscal Services will provide the amount of Federal funds obligated for training, conferences, exercises or related expenses to Subrecipients on a quarterly basis. 4.1. 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 funding reimbursed or spent by the county on behalf of the subrecipient for training, conferences, exercises or related expenses shall be included on the Schedule of Expenditures 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. Page 1 of 2 Terms of 2017 Homeland Security Grant Program (HSGP) Funding Please acknowledge acceptance of these conditions: Organization: Authorized Official: Signature: Date: Printed Name: Email Address: Phone: Financial Point of Contact: Signature: Date: Printed Name: Phone: Emaii Address: Approved By Oakland County Homeland Security: Signature: Date: _ Printed Name: Phone: Title: Page 2 of 2 FISCAL NOTE (MISC . #18094) April 19, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION —2017 HOMELAND SECURITY GRANT PROGRAM 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 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 funding to support state and local efforts to prevent, respond to, and recover from acts of domestic and foreign terrorism. 3. Macomb County has been appointed by the Region 2 Planning Board as fiduciary and subgrantee for the 2017 Homeland Security Grant Program (HSGP). 4. Resolution authorizes entering into an I nterlocal Agreement with Macomb County for the purpose of passing through 2017 HSGP funds to Oakland County. 5. Oakland County is entitled to reimbursement of allowable expenses for the 2017 Grant Program in an amount not to exceed $48,426 in State Homeland Security Program (SHSP) funding and $535,493 in Urban Area Security Initiative (UASI) funding. 6. Oakland County is being awarded a total of $133,846 in grant funds for regional projects from the 2017 Grant Program Agreement for total funding of $717,765. 7. The funding will be used to continue two (2) full-time eligible special revenue Regional Solution Area Planner positions (#10296 and #10520) in the Homeland Security Division as well as one (1) Special Revenue full-time eligible Intelligence Analyst position (#11083) in the Sheriff's Office Emergency Response and Preparedness Division Admin Unit. 8. The grant period is September 1, 2017 through May 31, 2020. 9. The future level of service, including personnel, will be contingent upon the level of funding available from the State. 10. The FY 2018 Special Revenue Budget is amended as follows to reflect the 2017 HSGP and Region 2 award: DOMESTIC PREPAREDNESS EQUIPMENT FUND (#29340) GR0000000777 Budget Reference: 2018 Activity: GLB Analysis: GLB FY 2018— FY 2020 Revenue 1060601-115125-610313 4030501-110110-610313 Expenditures 1060601-115125-702010 1060601-115125-722740 1060601-115125-750567 1060601-115125-760126 1060601-115125-774636 4030501-110110-702010 4030501-110110-722740 4030501-110110-731346 4030501-110110-732018 Federal Operating Grants Federal Operating Grants Total Revenue Salaries Fringe Benefits Training-Educational Supplies Capital Outlay Miscellaneous Info Tech Operations Salaries Fringe Benefits Personal Mileage Travel and Conference Total Expenditures ( 655,673) ( 97,464) ($ 753,137) ( 107,138) ( 78,150) ( 50,000) ( 415,385) ( 5,000) ( 58,891) ( 23,573) ( 3,000) ( 12,000) (5 753,137) FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Zack absent. DOMESTIC PREPAREDNESS EQUIPMENT FUND (#29340) GR0000000821 Budget Reference: 2017 Activity: GLB Analysis: GLB FY 2018— FY 2020 Revenue 1060601-115125-610313 4030501-110110-610313 $ 717,765 Federal Operating Grants Federal Operating Grants Total Revenue 619,765 98,000 Expenditures 1060601-115125-702010 1060601-115125-722740 1060601-115125-750567 1060601-115125-760126 1060601-115125-774636 4030501-110110-702010 4030501-110110-722740 4030501-110110-731346 4030501-110110-732018 Salaries Fringe Benefits Training-Educational Supplies Capital Outlay Miscellaneous Info Tech Operations Salaries Fringe Benefits Personal Mileage Travel and Conference Total Expenditures 100,116 72,205 100,000 342,444 5,000 59,273 23,727 3,000 12,000 $ 717,765 \a- ommissioner Thomas Middleton, District #4 Chairperson, Finance Committee -0 3 Resolution #18094 April 19, 2018 Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Crawford. (19) 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). I HEREB'Y APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO IVICL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 19, 2018, 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 19th day of April, 2018. Lisa Brown, Oakland County