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HomeMy WebLinkAboutResolutions - 2006.06.15 - 28184MISCELLANEOUS RESOLUTION #06121 June 15, 2006 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS — PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2006 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County Emergency Response and Preparedness grant funding in the amount of $46,472 for the period of October 1, 2005, through September 30, 2006 and WHEREAS Emergency Management was notified of available grant funding via a letter dated April 28,2006, as attached; and WHEREAS this is the 34th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities and organizations by the States and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds for which no County match is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $46,472 for Fiscal Year 2006. 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 PUBLIC SERVICES COMMITTEE VOTE: Motion carried on a roll call vote with Scott absent. Gail Novak From: Greg Givens [givensg@co.oakland.mi.usj Sent: Friday, May 26, 2006 10:01 AM To: Doyle, Larry; Novak, Gail; Sturm, Michael; Pearson, Linda Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW SIGN OFF — Emergency Response and Preparedness GRANT REVIEW SIGN OFF - Emergency Response and Preparedness GRANT NAME: FY 2006 Emergency Management Performance Grant (EMPG) Program FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail Novak / 8-5080 STATUS: Acceptance DATE: May 26, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the comments returned by review departments Corporation Counsel has provided comment. The modifications required by Corporation Counsel must be incorporated into the contract prior to contract execution by the Board Chair. A copy of this review comment "sign-off" sheet must be signed by the operating department's director at the space provided below Corporation Counsel's comments. This signature is to acknowledge the required modification is made to the contract. The sign- off sheet, with department signature, must accompany the contract when presented to the Board Chair for signature. 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 (5/22/2006) Department of Human Resources: Approved. - Nancy Scarlet (5/26/2006) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (5-23-2006) Corporation Counsel: I have reviewed the above-referenced grant. There is one minor change I suggest before the grant is executed. Currently, the Grant Agreement states that the Agreement is between the Michigan Department of State Police, Emergency Management and Homeland Security Division and "Oakland County Response & Preparedness". The Agreement should just be with Oakland County. Therefore, I suggest drawing a line through "Response & Preparedness" and initialing the deletion. This reference only appears in the first paragraph of the Agreement. Please let me know if you need anything further. - Jody S. Hall (5/25/2006) This is to certify that the required changes noted by Corporation Counsel are made to the contract / cooperative agreement being signed IT the Board Chair. • Department Director /' Date 1 EXECUTIVE SUMMARY OAKLAND COUNTY EMERGENCY RESPONSE AND PREPAREDNESS PERFORMANCE GRANT AGREEMENT 2006 BACKGROUND The Emergency Management program provides for the planning, response, recovery and mitigation for natural, technological, nuclear emergency and/or disaster situations. Originated as part of the old federal civil defense program, activities in Oakland County now includes the Early Weather Warning Program, Emergency Operations Center (EOC) exercises, plan development, information and education and critical incident stress debriefing. The Federal Emergency Management Agency (FEMA) provides the State of Michigan, through the Michigan State Police Emergency Management Division, funds through a performance grant for state and local programs. In order to continue to receive funds, Oakland County Emergency Response and Preparedness is required to maintain compliance with state and federal emergency management program requirements. The State of Michigan Emergency Management Division, as the designated grantee, enters into grant agreements with locals annually. GRANT The purpose of the Emergency Management Performance Grant (EMPG) program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities and organizations. States are required to use the funds according to Title VI of the Stafford Act. Financial and technical assistance is provided to support efforts to improve emergency response capabilities. Oakland County has received funding since 1972 and the revenue anticipated is included annually in the Oakland County budget, The grant period is from October 1, 2004, to September 30, 2005, and is one-year, federal pass through funding. The lateness in the approval is due to the Federal appropriation delay to the State. 6/06 STATE OF MICHIGAN DEPARTMENT OF STATE POLICE LANSING JENNIFER M. GRANHOLM GOVERNOR COL. TADARIAL J. STURDIVANT DIRECTOR 0=0 C=1 cr. —rra. Cri April 28, 2006 Dear Emergency Management Coordinator: The Department of Homeland Security (DHS) provides federal funds through the Emergenq rn. Management Performance Grant (EMPG) Program for state and local emergency managerftrt programs. As the designated grantee for EMPG funding in Michigan, the Emergency - Management and Homeland Security Division (EMHSD) enters into grant agreements with local emergency management programs each year. Please note that the Catalog of Federal Domestic Assistance (CFDA) Number for the EMPG program is 97.042. Enclosed please find two copies of the FY 2006 Emergency Management Performance Grant Agreement for your jurisdiction. Please obtain the necessary signatures on this agreement. Retain one signed agreement for your office files and return one to the Emergency• Management and Homeland Security Division office in Lansing at 4000 Collins Rd., Lansing, MI 48910. Complete and sign the Assurances (OJP Form 4000/3), Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OJP Form 4061/6), and State of Michigan Audit Certification (Form EMD-053). Return the signed forms to the address indicated on the enclosed EMPG Agreement Forms Checklist. We cannot reimburse you for any expenditures until we have received your signed grant agreement and all other required forms mentioned above. The total FY 2006 budget for federal EMPG pass-through funds is $2,000,000. The total award for your program for FY 2006 is noted in paragraph IV (Emergency Management Performance Grant Award) of the EMPG Grant Agreement for FY 2006. Reimbursement for your EMPG program is contingent upon completion of the activities in the signed Emergency Management Work Agreement. In order to remain eligible for EMPG funding, you must maintain current and adequate plans and meet exercise requirements. If a work activity is not completed in the designated quarter, you may not be reimbursed until the work is completed. The Emergency Management and Homeland Security Division District Coordinators may make recommendations on reimbursement, but final approval remains with the Deputy State Director of Emergency Management and Homeland Security, who may or may not approve a delay in the completion of the activity. If you have not completed the work activities (for which funds have been withheld) by the end of the fiscal year, you may be required to forfeit those funds. You may utilize the specific award you will be receiving to compensate a portion of the program manager's wages and fringe benefits or for the allowable 3% Management and Administrative costs, The quarterly billing form is enclosed for your use. Please note that this form has been revised again in January 2006, and this newly revised form (EMD-007) must be submitted to your District Coordinator each quarter. Documentation (in the form of Check Numbers or payroll register reports) is required for the program manager's salary and fringe benefits costs. The 3% Management and Administrative costs are included in the EMPG 4000 COLLINS ROAD • LANSING, MICHIGAN 48910 www.michigan.gov/msp • (517) 336-6198 EMPG Grant Letter Page 2 of 2 April 28, 2006 allocation, not in addition to the allocated amount. If M&A costs are claimed, a narrative must be submitted detailing the expenses that are included in these costs. Please refer to paragraph V in the grant agreement for further explanation. As a recipient of funding from DHS, you are responsible for the management and fiscal control of all funds. These responsibilities include accounting for receipts and expenditures, maintaining adequate financial records, and refunding expenditures disallowed by federal or state audit. in accordance with federal requirements, you must retain all financial records, supporting documents, statistical records, and all other records pertinent to the EMPG program for at least three years after your final grant report, for purposes of federal examination and audit. You must also comply with the Single Audit Act of 1984, as amended, and Office of Management and Budget Circular A-133, as revised. KRISTE ETUE, CAPTAIN Deputy State Director of Emergency Management And Homeland Security KE:jm Enclosures (072) State of Michigan EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AGREEMENT FOR FY 2006 October 1, 2005 through September 30, 2006 CFDA # 97.042 This Emergency Management Performance Grant (EMPG) Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division, hereinafter called the Subgrantor, and OAKLAND COUNTY fiE6PONGE4r41REPAREBNESS- hereinafter called the Subgrantee. Purpose The purpose of this Grant Agreement is to provide federal Emergency Management Performance Grant (EMPG) funds to the Subgrantee for the development and maintenance of an emergency management program capable of protecting life, property, and vital infrastructure in times of disaster or emergency. II. Objectives The principal objective of this Grant Agreement is to provide financial assistance for the development and maintenance of an effective, integrated emergency management organization in the Subgrantee's political jurisdiction so that the Subgrantee can: A. Achieve and maintain effective operational capabilities based on the ability to recruit, develop, and retain the necessary personnel to ensure well-trained, experienced professionals and specialists for key positions. B. Plan, train, exercise, and evaluate capabilities to ensure adequate response to all-hazards emergencies. C. Support federal and state efforts to protect lives and prevent the loss of property from all hazards, reduce human suffering and enhance recovery of communities after a disaster strikes or an act of terrorism occurs, and ensure the public is served in a timely and efficient manner. D. Develop and maintain hazard identification and risk reduction through mitigation activities. III. Statutory Authority Funding for the Fiscal Year (FY) 2006 Emergency Management Performance Grant (EMPG) is authorized by the FY06 Department of Homeland Security Appropriations Act, the Departments of Veterans Affairs, Housing and Urban Development, and Independent Agencies Appropriations Act, 2000, Public Law 106- 74; 38 U.S.C. 301; Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, Title II, Section 201(d), Title VI, Sections 611 and 613, 42 U.S.C. 5196 and 5196(b); and Public Law 93-288, as amended; 42 U.S.C. 5121 et seq.. 42 U.S.C. 5195 et seq. The Subgrantee agrees to comply with all EMPG program requirements in accordance with the Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended. located at http://www.miChigan.govidocumentsimspemd-Act_390_of_1976_7125_7.pdf, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, located at http://www.fema.govilibrary/stafact.shtm . Emergency Management and Assistance Regulations (44 CFR), located at http://www.access.gpo.govinara/cfr/waisidx_00/44cfrv1_00.html . Office of Management and Page 1 of 8 FY 2006 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY Budget Circulars A-87, A-102 and A-133, as revised, located at http://www.whitehouse.gov/omb/circulars/indexhtml, 28 CFR Part 66 and 28 CFR Part 70, located at http://www.access.gpo.govInara/cfr/waisidx_04/28cfrv2_04,html, the U.S. General Accounting Office Government Auditing Standards, located at http://www.gao.gov/govaud/ybk01.htm, the Office of Grant Operations (OGO) Financial Management Guide located at http://www.dhs.govidhspublic/display?theme=18, the Emergency Management Performance Grant Guidebook and applicable state and federal laws and regulations, IV. Emergency Management Performance Grant Award Amount and Restrictions For FY 2006, the total EMPG award for the Subgrantee is $46,472.00. The Subgrantor determined the Subgrantee's EMPG allocation as 35.29104% of the Subgrantee's emergency program manager's salary and fringe benefits. Because it is dependent upon the level of federal funding for the EMPG program, the award may be reduced if the level of federal funding is decreased. The subgrantee may receive less than the allocated amount if the subgrantee's cost share of wages and fringe benefits paid to the program manager are less than the total allocation. (This payment amount also includes the 3% eligible Management and Administrative (M&A) costs.) The Subgrantee's EMPG program budget, documented on the Local Budget for Emergency Management Performance Grant (form EMD-17), is incorporated into this Grant Agreement as Attachment A. This Grant Agreement designates EMPG funds for the administration and oversight of an approved emergency management program. The Subgrantee may utilize grant funds for the reimbursement of salary, overtime, compensating time off, and associated fringe benefits for the program manager, and up to 3% of the allocation may be utilized for M&A costs. No other expenditures are allowed. 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 agreement period. Federal funds cannot exceed 50% of eligible costs of the program manager's salary and fringe benefits, including the 3% M&A costs. This award is contingent upon the Subgrantee's expenditure of at least 50% of the costs of the emergency management program, from non-federal sources. For further information on allowable local match sources and types of funds, see the Office of Grant Operations (OGO) Financial Management Guide. DHS administers cost sharing requirements in accordance with 44 CFR 13.24, which is located at http://a257.g.akamaitech.net/7/257/2422/04nov20031500/edociet.access.gpo.gov/cfr 2003/octqtr/44cfr13.24.htm. Unauthorized program expenditures include, but are not limited to, the following: A. Construction and renovation B. Hiring of Public Safety Personnel Item B listed above may be eligible under the 3% Management and Administrative costs, although it is not eligible as a direct EMPG program expenditure V. Management and Administrative Costs (M&A Costs) The EMPG program has allowable M&A costs for the local unit of government. The local jurisdiction may retain and use up to 3% of their subaward from the state for local M&A purposes. In the EMPG program, the 3% M&A costs are included in the EMPG allocation, not in addition to the allocated amount. If M&A costs are claimed, a narrative must be submitted detailing the expenses that are included in these costs. The expenditures must be for new staff and new expenses only. Allowable M&A costs include: A. Hiring of full-time or part-time staff or contractors/consultants: 1. to assist with the management of FY06 EMPG funds 2. to assist with design, requirements, and implementation of FY06 EMPG Page 2 of 8 FY 2006 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY B. Hiring of full-time or part-time staff or contractors/consultants and expenses related to: 1. FY06 EMPG pre-application submission management activities and application requirements 2. Meeting compliance with reporting/data collection requirements, including data calls C. Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls D. Travel expenses E. Meeting-related expenses (for a complete list of allowable meeting-related expenses, please review the Office of Grant Operations (OGO) Financial Management Guide). F. Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy G. The following are allowable only within the period of performance of the grant program: 1. Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. 2. Leasing and/or renting of space for newly hired personnel to administer programs within FY06 EMPG. VI. Supplanting This Grant Agreement designates EMPG funds for reimbursement of authorized costs. These 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 only 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 Subgrantee will be required to supply documentation certifying that they did not reduce non-federal funds because of receiving federal funds if possible supplanting is detected. Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs. VII. Responsibilities of the Subdrantee The Subgrantee agrees to complete quarterly work activities identified in its Emergency Management Work Agreement (EMD-31). That report is incorporated into this Grant Agreement as Attachment B. The Subgrantee also agrees to comply with all applicable federal and state regulations, specifically including the following: A. Enact enabling legislation establishing the local emergency management program and ensure a copy of the local resolution or ordinance is on file with the Subgrantor. B. Appoint an emergency management program manager who is able to assume responsibility for the following functions, either personally or through officers: 1. Development and maintenance of programs and systems for effective coordination of community resources in all phases of emergency management: mitigation, preparedness, response and recovery. 2. Planning and preparation for population protection, including evacuation, shelter/reception, logistics and resource management. Ensure that Executive Order #13347 entitled "Individuals with Disabilities in Emergency Preparedness" is being addressed. Further information can be found at the Disability and Emergency Preparedness Resource Center at www.dhs.gov/disabilitypreparedness. 3. Planning and preparation for its appropriate role in response to natural and man-made emergencies and disasters. 4. Exercising the emergency operations plan of the jurisdiction. 5. Emergency management training. 6. Response and recovery from natural and manmade hazards, homeland security related incidents, and other emergencies that may threaten the safety and well-being of citizens and communities. 7. Promoting public awareness of hazards and encouraging family and individual preparedness. Page 3 of 8 FY 2006 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY 8. Identifying and implementing measures to mitigate the negative impact of disasters and emergencies. 9. Assure full NIMS compliance as detailed in state guidance by the end of FY 2006. NIMS information is available at http://www.fema.govinims . 10. Identify needs and priorities for strengthening capabilities, while simultaneously addressing issues of state and national concern as identified both in the National Priorities and the Targeted Capabilities. C. Provide Subgrantor with complete job description for the federally funded EMPG program manager, including non-EMPG duties. D. Notify the Subgrantor immediately of any changes in the EMPG funded program manager's position. E. Submit this signed annual EMPG agreement, including all attachments, to Subgrantor. F. Satisfactorily complete all work activities identified in the Emergency Management Work Agreement (EMD-31) as scheduled. G. Submit an updated Exercise Plan and complete annual exercise activities as specified in the Subgrantee's emergency management annual work agreement. H. Ensure the EMPG funded program manager completes specific training classes as required by the Annual Work Agreement for FY 2006. I. Have on file with the EMD District Coordinator an approved and current emergency operations plan. J. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. K. Submit the appropriate forms for reimbursement of eligible expenses to the appropriate District Coordinator on a quarterly basis. L. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the EMPG program for at least three years after the Subgrantee's final grant report, for purposes of federal or state examination and audit. EMD will review paperwork at the local jurisdiction during all audits (2006 and forward) to determine if NIMS implementation has taken place. M. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget Circular A-133, as revised. If an audit is required, submit a copy of the annual audit report to the Budget and Financial Services Division, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823. N. Comply with all items included in the Assurances (OJP Form 4000/3) and Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OJP Form 4061/6). These documents and all applicable attachments are incorporated into this Grant Agreement as Attachment C. 0. Comply with the Buy American Act (41 U.S.C. 10a). Grants authorized under the Stafford Act, including EMPG, must follow the standards of the Buy American Act. This Act requires that all materials purchased be produced in the United States, unless such materials are not available, or such a purchase would not be in the public interest. VIII. Responsibilities of the Subcrantor The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the EMPG program in accordance with the State of Michigan Administrative Plan for the EMPG program and all applicable federal and state regulations and guidelines. B. Reimburse the Subgrantee in accordance with this Grant Agreement in an amount not to exceed 50% of allowable expenditures up to the Subgrantee's total EMPG award based upon appropriate reports, records, and documentation submitted by the Subgrantee. Quarterly reimbursements will be determined by the amount of the program manager's salary and fringe benefits submitted, including the 3% M&A costs, listed on the quarterly billing. C. Provide direction, training, and technical assistance to the Subgrantee. D. Provide any special report forms and reporting formats to the Subgrantee for operation of the program. Page 4 of 8 FY 2006 EMFG Agreement Between the State of Michigan and OAKLAND COUNTY IX. Payment and Reportino Procedures A. The Subgrantee agrees to prepare the Quarterly Billing Form (EMD-007) and submit it with supporting documentation, including all required authorized signatures and required reimbursement documentation to the appropriate District Coordinator no later than 20 days following the end of each quarter. NOTE: This is a change from previous requirements. The EMD-007 form must be used or the reimbursement reauest will not be orocesset B. If the Subgrantee submits an incomplete or late quarterly billing report to the District Coordinator, the billing may not be processed until the following quarter. C. The Subgrantee agrees to prepare Emergency Management Quarterly Reports (EMD-31) and submit them to the appropriate District Coordinator no later than 20 days following the end of each quarter. Reimbursement of expenditures by the Subgrantor is contingent upon the Subgrantee's completion of scheduled work activities. D. If the Subgrantee fails to complete the scheduled work activities during a quarter, the Subgrantor will withhold reimbursement until either the work is completed or the Deputy State Director of Emergency Management and Homeland Security approves a delay in the completion of the activity. If scheduled work activities are not completed by the end of the fiscal year (September 30, 2006), any balance of the EMPG award may be forfeited. E. A Subgrantee that fails to complete the annual exercise requirement as scheduled within FY 2006 may be ineligible for EMPG funding for that quarter and all remaining quarters of FY 2006, and all subsequent quarters until the quarter when the qualifying exercise is completed. F. The Subgrantee is responsible for providing updated obligation and expenditure information on a regular basis through BSIR (Biannual Strategy Implementation Reports). The BSIR is due within 20 days after the end of the reporting period (July 20 with a reporting period of January 1 through June 30, and on January 20 with a reporting period of July 1 through December 31). Future awards and fund drawdowns may be withheld if these reports are delinquent. The final BSIR is due 120 days after the end date of the award period. G. The Subgrantee agrees to return to the Subgrantor any unobligated balance of funds held by the Subgrantee at the end of the agreement period or handle them in accordance with the instructions provided by the Subgrantor. H. Drawdown of Funds in Advance: Subgrantees may request funds up to 120 days prior to expenditure. All of the following requirements must be met to obtain advanced funds: 1) The Subgrantee must complete a letter stating that they have a cash flow problem. 2) These funds must be placed in an interest-bearing account that does not earn more than $100 in interest per calendar year. Funds cannot be advanced for more than 120 days, at which time they must be returned to MSP-EMHSD. Advances cannot be outstanding for over 120 days. 3) Any interest earned over $100 must be returned to MSP-EMHSD, and EMHSD must then return it to DHS. Interest earned on funds placed in an interest-bearing account must be treated as program income and reinvested into allowable activities within the respective program area in which it was earned. Sub grantees must retain detailed documentation showing which funding stream(s) interest/program income was earned and how it was reinvested. Please consult the OGO Financial Management Guide or the applicable OMB Circular for additional guidance. X. Employment Matters Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Person's with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants 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, limited English proficiency (LEP), or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantees are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful Page 5 of 8 FY 2006 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY access may entail providing language guidance for grantees to help them comply with Title VI requirements. Subgrantee agrees to include in every subcontract entered into for the performance of this Grant Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Grant Agreement. Subgrantee shall ensure that no subcontractor, manufacturer or supplier of the Subgrantee for this Program appears in the register compiled by the Michigan Department of Consumer and Industry Services, Commercial Enforcement Unit, pursuant to 1980 PA 278, as amended, MCL 423.321 of seq. (State Contracts with Certain Employers Prohibited Act). XI. Limitation of Liability Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. XII. Redistribution Prohibition A grant awarded under this Grant Agreement shall be used by the Subgrantee and shall not be redistributed by the Subgrantee to any other entity unless specifically provided for in the Grant Agreement. XIII. 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. XIV. Freedom of Information Act (FOIA) Sub-grantor and Sub-grantee FY04 HSGP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,... emergency response plans, risk planning documents, threat assessments. and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." 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 sub-grantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. Page 6 of 8 FY 2006 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY As a condition of this grant, before releasing any records, sub-grantee agrees to provide to the Department of State Police Emergency Management and Homeland Security, attention Public Information Officer, copies of all FOIA requests relating to the EMPG application or its administration. XV. Agreement Period This Grant Agreement is in full force and effect from October 1, 2005, through September 30, 2006. This Grant Agreement consists of two identical sets that may be simultaneously executed, each of which shall be deemed to be an original having identical legal effect. No costs eligible under this Grant Agreement shall be incurred before October 1, 2005. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use. XVI. 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 Subgrantor and Subgrantee, whether expressed, implied or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Paragraph XV 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. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget, or services are subject to prior written approval of Subgrantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. XVII. Business Integrity Clause The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees: convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity. Page 7 of 8 Printed Name Tfflë For the Subgrantor: Kriste Etue, Captain Printed Name Signature (075) FY 2006 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY XVIII. 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 responsible governing board, official, or agency. Subgrantee further certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this grant by any federal department or agency. If Subgrantee is unable to certify to any portion of this statement, Subgrantee shall attach to this Grant Agreement an explanation of the reason. For the Chief Elected Official: Printed Name Title Signature Date For the Local Emergency Program Manager: Signature Date peoutv State Direntor of FmproRnnv hAnnnnompc and Homeland Security Title April 28 2006 Date Page 8 of 8 FISCAL NOTE (RISC. #06121) June 25, 2006 BY FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2006 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 resolutions and finds: 1. Oakland County Emergency Management has been awarded grant funding by the State of Michigan in the amount of $46,472 for the period of October 1, 2005 through September 30, 2006, for the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the State and local governments. 2. This is the 34th year of grant acceptance for this program. The FY 2006 total EMPG award funds a portion of salary and fringe benefits of the Emergency Management department's emergency program administrator's salary and fringe benefits, (position #09864). 3. The grant agreement has been processed through the County Executive Contract Review Process, and the Board of Commissioner's Grant Acceptance Procedures, subject to ratification by the Oakland County Board of Commissioners. 4. No County General Fund/General Purpose dollars are required for match. 5. Revenue from this agreement has already been included in the Fiscal Year 2006 Adopted Budget as General-Purpose revenue; no budget amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Palmer and Woodward absent. issoritatz.V Ruth Johnson, County Clerk ii,•••nn• Resolution #06121 June 15, 2006 Moved by Molnar supported by Coulter the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I IRBY APPROWITHE FOIE1116 RESOLUTION /5/0 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 June 15, 2006, 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 15th day of June, 2006.