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HomeMy WebLinkAboutResolutions - 2004.10.21 - 27647October 21, 2004 REPORT (MISC. 104304) BY: PERSONNEL COMMITTEE, GREGORY JAMIAN, CHAIRPERSON RE: COUNTY EXECUTIVE — EMERGENCY RESPONSE AND PREPAREDNESS — ACCEPTANCE FOR 2004 ODP STATE HOMELAND SECURITY GRANT PROGRAM TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on October 13, 2004 Reports with the recommendation the Resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE /I/ Personnel Committee Vote: Motion carried on unanimous roll call vote with Hatchett and Middleton absent PUBLIC SERVICES COMITTEE MISCELLANEOUS RESOLUTION #04304 October 21, 2004 By: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2004 ODP STATE HOMELAND SECURITY GRANT PROGRAM TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U. S. Department of Homeland Security, through the Office for Domestic Preparedness (ODP), for the State Homeland Security Grant Program; and WHEREAS the 2004 State Homeland Security Program is comprised of two separate programs, the State Homeland Security Program and the Law Enforcement Terrorism Prevention Program; and WHEREAS the 2003 ODP State Homeland Security Assessment and Strategy has indicated needs in the homeland security solution areas of Planning, Training, Equipment, and Exercise; and WHEREAS the State of Michigan has awarded Oakland County reimbursement for qualified planning, training, equipment, and exercise expenses up to, but not exceeding $3,364,949 for the State Homeland Security Program and $1,025,717 for the Law Enforcement Terrorism Prevention Program, for a total of $4,390,666, during the period of August 1, 2004 through September 30, 2005; and WHEREAS an application for funding under the 2004 State Homeland Security Program was processed through the Public Services Committee on July 13, 2004; and WHEREAS the Oakland County Grant Allocation Committee has determined projects in the solution areas of Planning, Training, Equipment and Exercise to undertake with this funding that will improve Oakland County's overall ability to respond to a chemical, biological, radiological, nuclear, explosive weapons of mass destruction (CBRNE/WMD) terrorism incident; and WHEREAS the Oakland County Emergency Response and Preparedness is requesting to create one (1) Special Revenue full-time eligible Business Analyst; and WHEREAS the Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant; and WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in an amount up to $4,390,666. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approve the creation of one (1) special revenue full-time eligible Business Analyst position. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Public Services Committee Vote: Motion carried on a roll call vote with Crawford absent. Gail Novak From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Monday, October 04, 2004 9:18 AM To: Doyle, Larry; Novak, Gail Cc: Pearson, Linda; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — Emergency Response and Preparedness CONTRACT REVIEW - Emergency Response and Preparedness GRANT NAME: US Department of Homeland Security, Office of Domestic Preparedness (ODP) - FY 2004 State Homeland Security Grant Program FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail Novak / 8-5080 STATUS: Acceptance DATE: October 4, 2004 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. 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 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 of Management and Budget: Approved.- Laurie Van Pelt (9/21/2004) Department of Human Resources: Approved. - Ed Poisson (9/23/2004) Risk Management and Safety: Approved. - Gerald Mathews (9/28/2004) Corporation Counsel: After reviewing the above referenced grant agreement, there are not issues that must be resolved before executing this agreement. - Jody Schaffer (10/3/2004) 1 Introduction The State of Michigan is pleased to announce the FY 04 Homeland Security Grant Program. Under the State Homeland Security Program (SHSP) this year, Michigan received an award of $62,032,000 for its state and local agencies. Like last year's grant, the FY 04 distribution continues to provide funding for planning, organization, equipment, training, and exercise purposes. The Law Enforcement Terrorism Protection Program (LETPP), a new program for FY 04, distributes $13,971,000 to support various law enforcement prevention activities including information sharing, target hardening, threat recognition, and interoperable communications. While funds may be used to pay for equipment, training, exercises, planning and organizational activities, the LETPP unlike the SHSP, also allows up to 20% of the funds to pay for such operational activities as overtime costs for personnel to participate in informational, investigative and intelligence sharing activities. Finally, the state was awarded $978,000 to support Citizen Corps Councils for the planning, outreach and management of Citizen Corp programs and activities. The Citizen Corps programs (CCP) will be administered by the Michigan Community Services Commission. I look forward to working with you on this and other grants. We have much to accomplish, however, we should proceed with confidence in our efforts to better prepare our first responders and communities to deal with the threats that we face. Sincerely, Captain, John Ort Deputy State Director of Homeland Security FY 2004 SHSP - Michigan Part I- Grant Overview Part One - Grant Overview Purpose of the Grant Purpose of this Grant Package Grant Program Differences between FY03 and FY04 Funding for Operational Activities During Periods of DHS Declared Orange Alert The federal Department of Homeland Security (DHS), through the Office for Domestic Preparedness (ODP), is providing funding to Michigan for emergency prevention, preparedness, and response personnel to prevent, deter, respond to and recover from threats and incidents of terrorism. The Fiscal Year 2004 Homeland Security Grant Program (FY04 HSGP) supports three separate programs: the State Homeland Security Program (SHSP), the Law Enforcement Terrorism Prevention Program (LETPP), and the Citizen Corps Program (CCP). The CCP program is being coordinated through the Michigan Community Service Commission, Michigan Department of Labor and Economic Growth, Mr. Gary Zulinski, Program Coordinator (517) 241-3867 ZulinskiGmichigan.gov This guide will provide grant recipients, and their designated agencies, with guidance and forms to apply, perform, and closeout the FY04 HSGP grant. This document specifies the performance period, allocations, eligible activities, and other grant related information and requirements. The major grant program differences between FY03 and FY04 grants are as follows: • The Law Enforcement Terrorism Prevention Program is established. • Eligible Planning activities have been expanded. • Eligible Equipment within existing categories has been expanded, and new categories have been added. • Non-ODP sponsored training courses may be eligible for reimbursement. • Funds must be tied to measurable projects in support of the State Strategy. • Projects meeting the criteria of one or more of these programs may be jointly funded to support the eligible activities. • All sub-grantees are required to provide an Initial Strategy Implementation Plan (ISIP) and quarterly performance reports • Grant payments are on a reimbursement basis. Funds from the FY 2004 Urban Area Security Initiative (UASI) and the FY 2004 Law Enforcement Terrorism Prevention Program (LETPP) portion of the Homeland Security Grant Program (HSGP) may be used to support select operational activities. Grantees and sub grantees may use no more than 25% of the gross amount of the award for select operational expenses associated with increased security measures at critical infrastructure sites, incurred during future periods of DHS-declared Orange Alert. Refer to ODP Information Bulletin #103, March 8, 2004 on reference CD, file - Info bulletin#103.doc. Overview of SHSP Activities The SHSP provides funding for the following categories: • Planning - Planning for homeland security and emergency operations. • Equipment - Purchasing of specialized equipment to enhance the capability of State and local agencies to prevent, respond to, and mitigate incidents of terrorism involving the use of chemical, biological, radiological, nuclear, and explosive (CBRNE) weapons and cyber attacks. • Training - Costs related to the design, development, and conduct of state CBRNE and cyber security training programs and attendance at ODP-sponsored and approved CBRNE and cyber security training courses. • Exercise - Costs related to the design, development, conduct, and evaluation of terrorist/CBRNE and cyber security exercises. Page 1 Matching Requirements Allocations and Methodology FY 2004 SHSP - Michigan Part I- Grant Overview Grant Overview, continued Overview of LETPP Activities Performance Period The LETPP provides funding for the following categories: • Planning - Planning activities associated with: information sharing; vulnerability assessments; and, development or review of security plans. • Organizational Activities - Overtime personnel costs to participate in information, investigative and intelligence sharing activities specifically related to homeland security. • Equipment - Purchasing of specialized equipment to: improve information sharing and intelligence activities; make vulnerable targets more resistant to attack, removal or damage; further recognize the potential or development of a threat; enhance capabilities to prevent domestic terrorism incidents; and, ensure interoperable communications between and among law enforcement agencies and other emergency service disciplines. • Training - Training activities associated with: building information sharing capabilities; methods of target hardening; improving the skills of security personnel; recognition of CBRNE threats; surveillance techniques; and other activities. • Exercise - Exercise activities to plan for, design, develop, conduct and evaluate exercises that train homeland security preparedness, prevention and response personnel, evaluate prevention and response plans, policy, procedures and protocols and assess the readiness of jurisdiction to prevent and respond to terrorist attack. • Management and Administration - Costs associated with the management of the LETPP and implementing State Homeland Security Strategy. The performance period for sub-grantees under the FY 2004 Homeland Security Grant is August 1, 2004 through September 30, 2005. ODP assigned an award date of December 1, 2003 for the start of the performance period and it ends on November 30, 2005. The 60 days from September 30, 2005 to November 30, 2005 are necessary for grant close activities. There are no cost-share or match requirements for this grant. Grant recipients are encouraged to use other resources to maximize the effectiveness of this grant. Michigan has been allocated $62,032,000 for FY04 HSGP, and is required to sub- grant 80% or $49,625,600 to local units of government. Refer to Attachment A - Local Jurisdiction Allocations. A State Planning Team (SPT) representative of all eleven emergency response disciplines, local and state government, and the private sector reviewed statewide homeland security goals and objectives and provided input and recommendations for the prioritization of jurisdictions for funding support. SPT approved allocations were based on a population plus risk formula derived from the State Homeland Security Assessment & Strategy initiative. The state is prohibited from retaining any of the $49,625,600 unless requested, in writing, from the local unit of government to which the allocation has been made. If requested, the state may retain some or all of any government's allocation for Page 2 FY 2004 SHSP — Michigan Part I- Grant Overview Grant Overview, continued Allocations and purchases made by the state on behalf of the local unit of government. In this Methodology, situation, the state and local unit(s) of government must enter into a memorandum of continued understanding specifying the amount of funds to be retained by the state and for which activities. At the discretion of each grant recipient, funds may be distributed between the eligible solution areas(planning, equipment, training, exercises, and organization) with the following conditions: • Funds may not be transferred between SHSP, LETPP and CCP. Activities must support the goals and objectives identified in the Statewide Domestic Preparedness Strategy. See Attachment B — Goals & Objectives. • No more than 20% of the LETPP funds may be used for overtime costs for allowable organizational activities, unless prior approval has been received from the state. The 2003 and 2004 Urban Area Security Initiative (UASI) funds ($23,491,484 - local share) were allocated by the Department of Homeland Security for the City of Detroit and Wayne County. These are administered separately under the UASI grant program. Sub-Grantee The sub-grantee responsibilities are to: Responsibilities • Maintain a Local Planning Team (LPT) comprised of the twelve emergency response disciplines to provide coordination and collaboration on homeland security projects. • Submit to the Emergency Management Division, no later than June 1, 2004, a for completed Initial Strategy Implementation Plan (ISIP) template. • Submit to the Emergency Management Division, no later than August 1, 2004, a single grant application package for the SHSP and LETPP programs. • Comply with all assurances and certifications contained in the Grant Assurances. • Maintain an equipment tracking system that includes the components identified in Title 28, Code of Federal Regulations (CFR), Parts 66.32 and 66.33, and DOJ Financial Guide Part III, Chapter 6. See file - CFR Title 28, Part 66_ Post- Award,doc on the reference CD. • Prepare performance reports for the duration of the performance period, or until all work is completed, whichever comes first. Further reporting details are included in Part IV — Application Process & Requirements. • Maintain financial management systems that support grant activities in accordance with 28 CFR Part 66.20, and DOJ Financial Guide, Part II, Chapter 3. See file - ODP Financial Guide.pdf on the reference CD. • Maintain property, programmatic and financial records in accordance with the grant record retention requirements. Further details on the retention requirement are contained in Part IV — Application Process & Requirements. • Comply with the audit requirements contained in Office of Management and Budget (OMB) Circular A -133, and Title 28 Code of Federal Regulations, Part 66.26. See file - OMB Circular A-133.pdf on the reference CD. Local Planning Team Local Planning Team (LPT) Initiative Many benefits exist for utilizing a LPT. First, the team provides a forum for an open exchange of views regarding potential local initiatives that have implications for the sub-grantee jurisdiction and its first responder agencies. Second, the team will serve as an essential coordinating body for assessing homeland security needs and in developing strategies to overcome shortfalls in readiness. Page 3 FY 2004 SHSP - Michigan Part I- Grant Overview Grant Overview, continued Local Planning Local Planning Teams (LPT), by definition, were to consist of representatives from Team, each of the emergency response disciplines (i.e., emergency management, fire continued services, law enforcement, emergency medical services, hazardous materials, public health, health care, public works, government administrative, and public safety communications. (The 2004 Homeland Security Grant Program has added cyber security and private security providers). In some cases, jurisdictions modified the composition of their Local Emergency Planning Committees (LEPCs) to serve as the team. This approach has some benefits in that the core group is used to working together and has existing knowledge of the issues facing certain preparedness issues and response capabilities within the jurisdiction. The Emergency Management Division (EMD) recognizes the importance for continued local inter-disciplinary collaboration and coordination. Accordingly, EMD is directing jurisdictions to continue to implement LPTs to develop appropriate initiatives and projects under the 2004 HSGP to correct SHSAS capability shortfalls in the five solution areas of planning, organization, equipment, training, and exercises. The specific goals associated with this initiative are to: 1. Promote enhanced coordination between emergency response agencies; 2. Promote standardization and interoperability throughout the jurisdiction; 3. Foster innovative approaches to meeting homeland security needs; and 4. Direct the effective use of the jurisdiction's homeland security funding. Sub-grantees are directed to assemble representatives from the twelve first response disciplines to serve on the Local Planning Team (LPT). If a discipline is not represented the LPT Chair will need to document why the discipline is not represented on the committee. The LPT should be representative of the following disciplines: fire services, law enforcement, emergency management, emergency medical services, hazardous materials, public works, public health, health care, public safety communications, governmental administrative (includes schools), private security and cyber security providers. If a jurisdiction has a Tribal Nation within its boundaries, a tribal representative should be included on the LPT. The jurisdiction's LPT Chairperson and Chief Elected Official will be required to sign a statement of representation and concurrence from the LPT. Refer to Attachment C - Local Planning Team Identification & Statement of Concurrence. See files - LPT Info Letter.doc and LPT Statement of Concurrence.doc on reference CD. National Pursuant to the Homeland Security Act of 2002, the Secretary of Homeland Security Incident is the principal federal official for domestic incident management. Consequently, and Management according to the Homeland Security Presidential Directive/HSPD-5, the Secretary System and shall develop and administer a National Incident Management System (NIMS). This Incident system will provide a consistent nationwide approach for Federal, State, and local Command governments to work effectively and efficiently together to prepare for, respond to, System and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. Page 4 FY 2004 SHSP — Michigan Part I- Grant Overview Grant Overview, continued National Incident Management System and Incident Command System, continued As mandated by HSPD-5, beginning in FY 2005, adoption of the NIMS will be a requirement for receipt of grant funds from ODP. As such, sub-grantees are encouraged to begin utilizing NIMS concepts, principles, terminology, and technologies, as they are made available by DHS. If agencies are not already using the incident command system (ICS) as taught by DHS, grantees and sub-grantee should institutionalize the use of ICS across their entire response system by the end of the two-year performance period. See file - HSPD-5.pdf on the reference CD. Jurisdictional compliance with certain aspects of the NIMS will be possible in the short term, such as adopting the basic tenets of the Incident Command System (ICS) identified in this document. Other aspects of the NIMS, however, will require additional development and refinement to enable compliance at a future date (e.g., data and communications systems interoperability). The Secretary of Homeland Security, through the NIMS Integration Center, will publish separately the standards, guidelines, and compliance protocols for determining whether a Federal, State, local, or tribal entity has adopted the aspects of the NIMS that are in place by October 1, 2004. The Secretary, through the NIMS Integration Center, will also publish, on an ongoing basis, additional standards, guidelines, and compliance protocols for the aspects of the NIMS not yet fully developed. See file - NIMS-Final 3_1_2004.pdf on the reference CD. Michigan has taken steps to implement the National Incident Management System into the state's Unified Incident Command System (UICS) training programs. NIMS has identified seven components in their training program, the same seven components currently being taught in the state's UICS, making it NIMS compliant. Applicable Laws, Regulations, Guidance Documents and Web Sites Sub-grantees must ensure that local and internal departments are aware of the following laws, regulations and guidance documents that apply to this grant: • Public Law (P.L.) 108-90, the Homeland Security Appropriations Act of 2004 • P.L. 107-296, the Homeland Security Act of 2002 • P.L. 107-56, USA Patriot Act of 2001 • Office of Management and Budget (OMB) Circulars A-87, A-102, A-133 http://www.whitehouse.gov/omb/circulars/index.html • Title 28, Code of Federal Regulations (CFR) http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#pagel • DOJ OJP Office of the Comptroller, Financial Guide www.ojp.usdoj.gov/oc • DOJ Office for Civil Rights www.ojp.usdoj.gov/ocr • DHS Equipment Standards http://www.dhs.gov/dhspublic/interapp/editorial/editorial 0420.xml • Michigan Emergency Management Division: www.michigan.gov/emd • ISIP Information: www.shsasresources.com Page 5 FY 2004 SHSP — Michigan Part I- Grant Overview Grant Overview, continued Due Dates for Grant Documents and Work Completion In order to assure timely compliance with Federal and state grant requirements, the grant timelines are established. There will be no extensions of these timelines. Failure to submit required documentation by the indicated dates may affect the sub- grantee's availability to access grant funds. Initial Strategy Implementation Plan Tuesday, June 1, 2004 CI Initial Strategy Implementation Plan (ISIP) data due to the Emergency Management Division Headquarters office no later than 5:00 pm. Grant Application Friday, July 30, 2004 0 Completed grant application due to Emergency Management Division headquarters no later than 5:00 pm. Quarterly Reporting For the duration of the performance period or until all grant activities are completed and the grant is formally closed, an updated Quarterly Strategy Implementation Plan, using the ISIP template provide to the sub-grantee, a program narrative detailing projects accomplishments and changes, and a list of equipment purchased will be required to be submitted to the Emergency Management Division prior to the deadline for any required performance periods as indicated below: Friday, October 15, 2004 C3 1 st Quarter Strategy Implementation Report for the period covering August 1, 2004 through September 30, 2004 Friday, January 14, 2005 Li 2'd Quarter Strategy Implementation Report for the period covering October 1, 2004 through December 31, 2004 Friday, April 15, 2005 C3 3rd Quarter Strategy Implementation Report for the period covering January 1, 2005 through March 31, 2005 Friday, July 15, 2005 CI 4th Quarter Strategy Implementation Report for the period covering April 1,2005 through June 30, 2005 Friday, October 14, 2005 CI Final Strategy Implementation Report for the period covering July 1, 2005 through September 30, 2005 Page 6 State of Michigan 2004 Homeland Security Grant Program Grant Agreement August 1, 2004 to September 30, 2005 ICFDA Number - 97.004 This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management Division (hereinafter called the Sub-grantor), and Oakland County (hereinafter called the Sub-grantee) I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Sub- grantee for preventing, deterring, responding, and recovering from threats and incidents of terrorism. This will be accomplished by planning homeland security and emergency operations and by purchasing specialized equipment to enhance the capability of State and local agencies to prevent, respond to, and mitigate incidents of terrorism involving chemical, biological, radiological, nuclear, and explosive (CBRNE) weapons and cyber attacks. It will also be accomplished through training and exercising related to the design, development, and conduct of State CBRNE and cyber security-related programs. The funding under this grant agreement will be allocated to the Sub-grantee in two separate programs; one being the State Homeland Security Program (SHSP) and the other being the Law Enforcement Terrorism Prevention Program (LETPP). II. Objectives The principal objective of this Grant Agreement is to provide financial assistance for allowable costs in the following areas (please see Tab 9 of the grant agreement package for details): State Homeland Security Program: • Planning • Equipment • Training • Exercise Law Enforcement Terrorism Prevention Program: • Planning • Organization • Equipment • Training • Exercise 2004 HSGP Grant Agreement Oakland County Page 2 of 7 Ill. Statutory Authority Funding for the 2004 HSGP is authorized by 1) Public Law 108-90, the Department of Homeland Security Appropriations Act of 2004; 2) Public Law 107-56, the USA Patriot Act of 2001; and 3) Public Law 107-296, the Homeland Security Act of 2002. The Sub-grantee agrees to comply with all program requirements in accordance with the HSGP, Office of Management and Budget Circulars A-87, A-102, and A-133 as revised, the Michigan State Administrative Plan, and applicable federal and state laws and regulations. IV. Homeland Security Grant Program Award Amount and Restrictions The State Homeland Security Program award for Oakland County is $3,364,949.00, based on completion of required elements. The Law Enforcement Terrorism Prevention Program award for Oakland County is $1,025,717.00, based on completion of required elements. This Grant Agreement designates HSGP funds for reimbursement of authorized costs. Grant Agreement funds shall not be used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the Grant Agreement period. The funds must supplement, not supplant, state or local funds. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit. The Sub-grantee may be required to supply documentation certifying that they did not reduce non-federal funds because of receiving federal funds. Federal funds cannot be used to replace a reduction in non- federal funds or solve budget shortfalls in general fund programs. V. Responsibilities of the Sub-grantee The Sub-grantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this 2004 HSGP Grant Agreement, Sub-grantees shall complete, sign, and submit to Sub-grantor the following documents, which are incorporated by reference into this Grant Agreement: i. Assurances (OJP Form 4000/3) ii. Certifications Regarding Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OJP Form 4061/6) iii. Audit Certification Form iv. W-9 Tax Identification Form v. Other documents that may be required by federal or state officials Page 2 of 7 2004 HSGP Grant Agreement Oakland County Page 3 of 7 B. The 2004 Homeland Security Grant covers eligible costs from August 1, 2004 until September 30, 2005. Please see Tab 9 for a detailed list of what costs are eligible under this grant. C. Submit the Request for Reimbursement forms and all required documentation to the Sub-grantor at the end of each quarter for reimbursement of eligible expenses. D. Submit Quarterly Work Reports with the required reimbursement documentation at the end of each quarter. E. Comply with applicable financial and administrative requirements set forth in the current edition of "U.S. Department of Justice Financial Guide," including the following provisions: i. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. ii. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the HSGP for at least three years after the final grant report, for purposes of federal and/or state examination and audit. iii. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular, A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as further described in OJP's "Financial Guide," Chapter 19. Random audits shall be performed to ensure compliance with applicable provisions. iv. Sub-grantor and Sub-grantee FY04 HSGP information is subject to requests made pursuant to the federal and state Freedom of Information Act (FOIA), §5. USC 552 & MCLA 15.243, Section 13(1)(u)&(y). It is recognized that much of the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important 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, the Department of State Police, Freedom of Information Officer, will determine which information is to be released on a case by case basis. All applicants should be aware that any information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of the U.S. Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation. Page 3 of 7 2004 HSGP Grant Agreement Oakland County Page 4 of 7 VI. Responsibilities of Sub-grantor The Sub-grantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the HSGP in accordance with all applicable federal and state regulations and guidelines. B. Provide direction and technical assistance to the Sub-grantee. C. Provide any special report forms and reporting formats (templates) required by the Sub-grantor for operation of the program. D. Reimburse the Sub-grantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Sub-grantee. E. Independently or in conjunction with the Office of Domestic Preparedness (ODP), conduct random on-site reviews with Sub-grantee(s). F. Sub-grantor and Sub-grantee FY04 HSGP information is subject to requests made pursuant to the federal and state Freedom of Information Act (FOIA), §5. USC 552 & MCLA 15.243, Section 13(1)(u)&(y). It is recognized that much of the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important 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, the Department of State Police, Freedom of Information Officer, will determine which information is to be released on a case by case basis. All applicants should be aware that any information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of the U.S. Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation. VII. Payment and Reporting Procedures The Sub-grantee agrees to prepare the Request for Reimbursement Forms and submit them quarterly to the Sub-grantor with supporting documentation, including all required authorized signatures and required reimbursement documentation. Please refer to Tab 10 for guidance on required reimbursement documentation. Page 4 of 7 2004 HSGP Grant Agreement Oakland County Page 5 of 7 THE QUARTERS ARE AS FOLLOWS: 1 st Quarter: August 1, 2004 to September 30, 2004 2nd Quarter: October 1, 2004 to December 31, 2004 3rd Quarter: January 1, 2005 to March 31, 2005 4th Quarter: April 1, 2005 to June 30, 2005 Final Quarter: July 1, 2005 to September 30, 2005 DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT ARE AS FOLLOWS: 1 st Quarter: October 15, 2004 2"d Quarter: January 14, 2005 3rd Quarter: April 15, 2005 4th Quarter: July 15, 2005 Final Quarter: October 14, 2005 The documentation requirements can be met by submitting the following: Please refer to Tab 10 for guidance on required documentation. SUB-GRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED INITIAL SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Employment Matters Sub-grantee shall comply with the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 200, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it 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, or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Sub-grantee 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. Sub-grantee shall ensure that no subcontractor, manufacturer, or supplier of Sub-grantee on this Project appears in the register compiled by the Michigan Department of Consumer and Page 5 of 7 2004 HSGP Grant Agreement Oakland County Page 6 of 7 Industry Services, Commercial Enforcement Unit, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (State Contractors with Certain Employers Prohibited Act). IX. Limitation of Liability Sub-grantor and Sub-grantee 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. X. Third Parties This Grant Agreement is not intended to make any person or entity, not a party to this Grant Agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. Xl. Grant Agreement Period This Grant Agreement is in full force and effect from August 1, 2004 through September 30, 2005. No costs eligible under this Grant Agreement shall be incurred before the starting date of this Grant Agreement except with prior written approval. This Grant Agreement consists of two identical sets simultaneously executed, each is considered an original having identical legal effect. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the Sub-grantee agrees to return to the Sub-grantor any funds not authorized for use, and Sub-grantee shall have no further obligation to make payments. XII. Entire Grant Agreement This Grant Agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between Sub-grantor and Sub-grantee, 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 termination date set forth in Paragraph XI above. 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. Sub-grantee agrees to inform Sub-grantor 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 Sub-grantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. Page 6 of 7 I. 41Pr ature (304) August 16. 2004 Date - 2004 HSGP Grant Agreement Oakland County Page 7 of 7 XIII. Business Integrity Clause The Sub-grantor may immediately cancel the grant without further liability to the Sub-grantor or its employees if the sub-grantee, an officer of the sub-grantee, or an owner of a 25% or greater share of the Sub-grantee 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 Sub-grantor, reflects on the Sub-grantee's business integrity. XIV. Official Certification 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 jurisdiction he or she represents. Thomas A. Law Chairman, Board of Commissioners Printed Name Title Oakland County Name of Jurisdiction Signature Date For the Sub-grantor (Michigan State Police — Emergency Management Division) Capt. John Ort Director. Emergency Management Division Printed Name Title Page 7 of 7 $ 202,717 798,000 25,000 $1,025,717 $4,390,666 0 FISCAL NOTE (MISC. 104304) October 21, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2004 ODP STATE HOMELAND SECURITY GRANT PROGRAM 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 State of Michigan has awarded Oakland County reimbursement for qualified planning, training, equipment, and exercise expenses up to, but not exceeding $3,364,949 for the State Homeland Security Program and $1,025,717 for the Law Enforcement Terrorism Prevention Program, for a total of $4,390,666. 2. The grant period is August 1, 2004 through September 30, 2005. 3. The US Department of Homeland Security Program is comprised of two separate programs, the State Homeland Security Program and the Law Enforcement Terrorism Prevention Program. 4. The creation of a special revenue full-time eligible Business Analyst position is requested to serve as the Solution Area Planner under this grant agreement. 5. The future level of service, including personnel, will be contingent upon the level of funding available from the State. 6. A budget amendment is recommended to the FY 2005 Budget to recognize the grant award as follows: FY 2005 Other Funds Fund 276 Revenue 1-11-276-100606-99003-0113 Federal Grant Revenue Expenditures - State Homeland Security Program 2-11-276-200606-99003-2001 Salaries 2-11-276-200606-99003-2002 Overtime 2-11-276-200606-99003-2074 Fringe Benefits 2-11-276-200606-99003-3348 Professional Svs. 2-11-276-200606-99003-4101 Expendable Equip. 2-11-276-200606-99003-9169 Capital Outlay Sub-Total Expenditures Expenditures - Law Enforcement Terrorism Prevention Program 2-11-276-200616-99003-3348 Professional Svs. 2-11-276-200616-99003-4101 Expendable Equip. 2-11-276-200616-99003-9169 Capital Outlay Sub-Total Expenditures Total Expenditures $4,390,666 $ 40,579 1,347 20,753 750,270 1,052,200 1,499,800 $3,364,949 FINANCE COMMITTEE /r , FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Crawford, Jamian and Knollenberg absent. / Resolution #04304 October 21, 2004 Moved by Douglas supported by Coulter the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 1 NBEBY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 21st, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of thy County of Oakland at Pontiac, Michigan this 21st day of October, 2004. G. William Caddell, County Clerk