Loading...
HomeMy WebLinkAboutResolutions - 2008.11.06 - 9583November 6, 2008 MISCELLANEOUS RESOLUTON #08239 By: Public Services Committee, Jeff Potter. Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM-OAKLAND COUNTY TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U. S. Department of Homeland Security, through the Federal Emergency Management Agency (FEMA), for the State Homeland Security Grant Program; and WHEREAS the State of Michigan has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $643,486.07 for the State Homeland Security Program; $523,180.93 for the Law Enforcement Terrorism Prevention Program; and 81,145,037.91 for the Urban Area Security Initiative for a total of $2,311,704.61 during the period of July 1,2007 through March 31, 2010; and WHEREAS this funding will be leveraged to support the four mission areas of homeland security (prevent, protect, respond, and recover) and address the 8 national Priorities and 37 target capabilities as they relate to terrorism. In addition, the grant will support implementation of the National Preparedness Goal, the National Incident Management iSystem (NIMS), and the National Response Framework (NRF); and . WHEREAS the Oakland County Grant Allocation Committee will determine 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 prevent, respond to, and recover from a chemical, biological, radiological, nuclear, explosive weapons of mass destruction (CBRNE)WMD) terrorism incident; and WHEREAS Oakland County Emergency Response and Preparedness is requesting to continue two (2) Special Revenue full-time eligible ERP-Regional SAP; and WHEREAS due to the late receipt of the agreement from the State and need to immediately begin incurring expenses, the Agreement has been sent to the Board of Commissioners Chair for signature prior to completion of review by the County Executive's Contract Review Process and the Board of Commissioners' Grant Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant funding from the State of Michigan in an amount up to.$2.311.704.61 with no county match or in-kind match required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners continues to fund two (2) special revenue full-time eligible ERP-Regional SAP, positions #10296 and 10520 through the performance period of the grant. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any rant 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 4 Public Services Committee Vote: Motion carried unanimously on a roll calf vote with Potter, Gingen, Potts and Gregory absent GRANT REVIEW SIGN OFF — County Executive / Emergency Response and Preparedness GRANT NAME: 2007 State Homeland Security Grant Program — Oakland County FUNDING AGENCY: US Department of Homeland Security through Michigan State Police Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Gail Novak 8-5080 STATUS: Grant Acceptance DATE: October 21, 2008 Pursuant to Misc. Resolution #01320, 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 LiaisonCommittee Resolution, the grant agreeracnt/contract, Finance Committee Fiscal - Note, and this Sign Off email containing grant review comments) maybe 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: I'm fine with the revised agreements. The changes were minor in all three cases, — Art Holdsworth , (10/16/2008) • Department of Human Resources: Approved. — Cathy Shane (1 Oil 6/2408) Risk Management and Safety; Approved per revised contract received from Corporation Counsel 10.15.08 - Andrea Plotkowski (10/20/2008) • Corporation Counsel: There are no outstanding legal issued concerning the three grants reviewed. — Mike Blaszczak (101712008) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Office of Management and Budget (OMB) Circular No. A-87, 4-102, and A-133 intrefiww-w.whitehouse.geviona.b/eircularsiindex.latral US NJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 7fJ) h ://8rces arsiefewaisidx 04/28cfr-v2 04.html Emergency Management and assistance Regulations (44 CFR) http://www.aocess.gpo.gov/nara/cfr/wajsithoo/44cfrvlOO,html Administrative Guide to State Government http://www.raichigen.govidmie/0,1607,7-150-9131 9347-,00.htnal State of Michigan Financial Management Guide (FMG) ta://vortv.micbigalkg „I 607,7-15.7-134099757-,00 html Single Audit Act of 1984 (with amendments in 1996) lattoi/www.wjLehouse cialifin_single_audit.html Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness h cm . ene /imsini-rnq executive order 13347. Michigan - Freedom of Information Act 442 of 1976 (WICL 15.231) http://www.le2isl .rai.govi(S(mxubm5flvb5ubavlcia3x0ef11)1mileg.aspx7page-getNect&objectNa meme1-15-231 Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d) http://mmusdoja_ovicrtkoricoordititlevistathon Michigan Elliott-Larsen Civil Rights Act - "Act 453 of 1976" bzge1.5z55z2uiwv4511 -Act-453-of____1 9 1.e--zetobiect&olaiectnanae—tu Michigan Persons with Disabilities Civil Rights Act - "Act 220 of 1976" laq://www.le,dablzgajziaaual1ariguivvv45)/mileg.aspx?page=getobjectikobjectname.--m cl-Act-220-of-19768alueryid--14718589 Michigan State Contracts with Certain Employers Prohibited - Act 278 of 1980 h 1://www e lattnemi.! v/ e. r 4ancl !bvh10s213551,1_,AaleR.as_Dx? e _ =mc1-Act-27$-of-I980 Department of Homeland Security - Protected Critical Infrastructure Information (6 CH( Part 29) http://ecfrapaccess.gpv/cgiithextitext-iclx?e----ecfr&tpWeefrbrowserritie06/6cfr29_main_02.tpl Department of Homeland Security - Protection of Sensitive Security Information (49 CFR Part 1520) http:1fwww.a=ss.039.govittarecfriwaisiclx 04/49ffil520_04.html State of Michigan 2007 Homeland Security Grant Program Grant Agreement July 1, 2007 to March 31, 2010 CFDA Number: 97,067 This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Su bgra ntor), and Oakland County (hereinafter called the Subgrantee) I. Purpose The 2007HSGP i s a homeland security assistance program that provides funds to build capabilities at the State and local levels through planning, equipment, training, and exercise activities and to implement the goals and objectives included in the Michigan Homeland Security Strategy and the Michigan Enhancement Plan. The funding also supports the four mission areas of homeland security (prevent, protect, respond, and recover) and addresses the National Priorities and the 37 Target Capabilities, as they relate to terrorism. In addition, it supports the implementation of the National Preparedness Goal, the National Incident Management System (NIMS), and the National Response Framework (NRF) and provides resources to law enforcement and public safety communities to support critical terrorism prevention activities, including: establishing/enhancing fusion centers and collaborating with non-law enforcement partners, other government agencies, and the private sector, Activities implemented under the HSGP grant must support terrorism preparedness, even if the capabilities themselves do not focus exclusively on terrorism. The allowable scope of activities includes catastrophic events, provided that activities implemented also build capabilities that relate to terrorism. Many of the capabilities included in the Target Capabilities List (TCL) are dual-use in nature, in that they can apply to both terrorism preparedness as well as other hazards. The Subgrantee .must demonstrate the dual-use nature of any activities implemented under this program that are not explicitly focused on terrorism preparedness. IL Objectives The principal objective of this Grant Agreement is to provide financial assistance by providing federal pass-through funds to Sulagrantee for allowable costs in the program areas listed below, Stale Homeland Security Program (SHSP): • Planning • Equipment • Training • Exercise • Management and Administrative (WA) Law Enforcement Terrorism Prevention Program (LETPP): * Planning • Organization • Equipment • Training • Exercise • Management and Administrative (MBA) Urban Areas Security Initiative (LIASI): • Planning • Organization * Equipment • Traininc 2007 HSGP Grant Agreement Oakland County Page 2 of 10 • Exercise • Management and Administrative (M&A) For guidance on allowable costs for these program areas, please refer to the 2007 HSGP Guidance, located at http://www.ojp.usdoj.goviodpigrants_programs.htmAtfy2007hsgp. The Subgrantor, in conjunction wlth the Michigan Homeland Security Preparedness Committee, has created a list of priority projects that grant recipients shall use their 2007 HSGP funds to support. These projects were derived from the 12 Statewide and 9 UASI Investment Justifications developed by Michigan that are to be implemented at the regional! local level. Additional information is provided in the Michigan FY 2007 HSGP Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY 07 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 07 HSGP application. III. Statutory Authority Funding for the 2007 FISGP is authorized by tne Department of Homeland Security Appropriations Act of 2007. The Subgrantee 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, located at http://wvvw.whitehouse.gov/omb/circulars/inidex.html, 28 CFR Part 66 and 28 CFR Part 70, located at hftp://www.access.gpo.govinara/cfriwaisidx_04/28cfrv2_04.htmi, the U.S. General Accounting Office Government Auditing Standards, located at http://www.gao.govigovaudiybk01.htm , the Code of Federal Regulations (CFR) Title 44 — Emergency Management and Assistance, located at http://wvvw.access.gpo.govinara/cfriwaisidx_05/44cfrv1_05.html : the Administrative Guide to State Government, located at http://www.michigan.govidrnbi0 ,1607:7-150-9131_9347---,00,htm:, the State of Michigan Financial Management Guide (FMG), located at httpliwvvw.michigan.govibudget/0,1607,7-157-13404_27707-99757— ,00.html, and all applicable federal and state laws and regulations. IV. Homeland Security Grant Program Award Amount and Restrictions A. 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 FY 2007 Grant Agreement period. Allocations for the FY07 HSGP have been determined through a funding methodology consistent with current Department of Homeland Security guidance. Regional Homeland Security Planning Boards have been create° to ensure that all jurisdictions within a designated region have an equal say in how funds are spent. The Region 2 Homeland Security Planning Board is comprised of the following jurisdictions: the City of Detroit and Oakland, Macomb, Monroe, St. Clair, Washtenaw, and Wayne Counties. Except as otherwise specifically set forth in this Grant Agreement, a final determination on how funds awarded by this Grant Agreement will be spent will be decided through a review process by the SAA of projects submitted by the Region 2 Homeland Security Planning Board ('Region 2 Board"), not the Subgrantee. B. The SHSP award for the Subgrantee is S643,486.07. Reimbursement is based on completion of requirements listed in Sections IV ; V and VII of this Grant Agreement. C. The LETPP award for the Subgrantee is $517,573,93. Reimeursernent is based on completion of requirements listed in Sectiors IV. V and Vii of this Greet Agreement. D. The LETPP award for the Subgrantee, for Heightened State of Alert, is S5,607.00. This amount is for use during a Code Orange or higher alert status in Region 2. This amount is subject to change. It may be increased, decreased or withdrawn by the Subgrantor at its discretion based on alert status during the performance period of this Grant. Reimoursement is based on completion of requirements listed in Sections IV, V and VII of this Grant Agreement. 2007 HSGP Grant Agreement Oakland County Page 3 of 10 E. The UASI award for the Subgrantee is $895,037.61. Funds awarded by the UASI program must benefit and directly support the jurisdictions in the defined Urban Area in Michigan. Reimbursement is based on completion of requirements listed in Sections IV, V, and VII of this Grant Agreement. F. The UASt award, for the Subgrantee for Regional Planners is $250,000. This amount has been voted on by the Region 2 Board to be distributed and included in this Grant Agreement. Reimbursement is based on completion of requirements listed in Sections IV, V, and VII of this Grant Agreemeet, V. Responsibilities of the Subgrantee 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. The Subgrantee 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. The Subgrantee agrees to follow all responsibilities in Sections IV and V of this Grant Agreement. If the Subgrantee becomes unable to fulfill the responsibilities of Sections IV and V, refer to section XII for instructions on how to terminate this Grant Agreement. It is understood that the Subgrantee is familiar with required federal and state financial and programmatic guidance and will comply with the requirements of applicable documents. The Subgrantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this 2007 HSGP Grant Agreement, Subgrantees shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by reference into this Grant Agreement: 1.) Standard Assurances 2.) Certifications Regarding Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OJP Form 406116) 3.) Audit Certification Form 4.) W-9 Tax Identification Form 5.) Other documents that may be required by federal or state officials. B. The 2007 Homeland Security Grate covers eligible costs from July 1, 2007 until March 31, 2010. Please refer to the Fiscal Year 2007 Homeland Security Grant Program Guidance, located at http://www.ojp.usdoj.gov/odo/grants_programs.htm uy2007hsgp for a detailed list of eligible costs. C. Submit project applications to the Subgrantor, which have been prepared and approved by the Homeland Security Regiona' Board, for evaluation and approval of projects prior to starting a project. All projects must meet DHS and the Subgrantor grant guidelines and must be related to one of the 12 approved state and 9 UASi investments, 8 required projects, and be supported by an assessment of at least one of the 37 targeted capabilities. Any project that proposes a change in scope of work during the grant performance period must be resubmitted to the Subgrantor for approval. D. In addition to project applications, submit an Allowable Cost Justification (ACJ) form for all costs that are part of an approved project prior to the encumbering of the cost. The Subgrantee will be held responsible for costs expended without submission of an Allowable Cost Justification form that is determined to be ineligible by tne Sungrantor or OHS. E. Create and maintain an inventory of all FY07 HSGP equipment purchases that lists, at minimum, the piece of equipment, the cost of the equipment, what agency the eauipment is assigned to and the physical location of tne equipment for the grant period and at least three years after the grant is 2007 HSGP Grant Agreement Oakland County Page 4 of 10 closed. Any equipment purcnased with HSGP funds must be prominently marked as purchased with funds provided by the U.S. Department of Homeland Security. F. Make FY07 HSGP equipment available for pick-up by other government agencies per equipment assignments. This process neecs to include legal transfer of the equipment to the designated government agencies. At minimum, the Subgrantee should prepare documents, which by signing, other designated government agencies accept full legal and financial responsibility for pieces of equipment. G. At the end of the Fiscai Year (of each government agency that has received the benefit of federal funds), report the dollar amount expended on behalf of another government agency to that government agency so that government agency can report that dollar amount on their Schedule of Expenditures of Federal Awards. H. Submit the Reimbursement Cover Sheet (EMD-054) and all required attached documentation to the Subgrantor as needed or at a rninimune end of each uar- The Suiegrantee must submit the quarterly reimbursement request even if it has no expenditures for that quarter. The due dates for quarterly reimbursement requests are listed in Section VII of this agreement. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMD website at http://www.michigan.gov/msp/0,1607,7- 123-1593_3507-113992—,00.html Please note: One Reimbursement Cover Sheet and related forms must be completed for each exercise. Submit quarterly progress reports to the Subgrantor on the status of all approved projects. Quarterly progress reports, at minimum, need to contain a description of the project, the actIons taken that quarter to complete the project, a percentage estimate of the completeness of the project and an expected completion date of the project. The due dates for quarterly work reports are listed in Section VII of this agreement. The Subgrantor will provide the Subgrantee with a form to complete this report within 60 days of issuing the Grant Agreement. J. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (BS1R). The BSIR is due within 20 day$ after the end of the reporting period. The due dates for the BSIR are on January 20, 2009, July 20, 2009, January 20, 2010, and July 20, 2010. The reporting periods are from January 1 through June 30 and July 1 through December 31. The final BS1R is due 90 days after the end date of the 2007 Homeland Security Grant award period. K. Comply with the current NIMS implementation requirements. NIMS information is available at http://www.feme.govinims . L. 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: 1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. 2. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the 2007 HSGP for at least three years after the financial close-out date of this grant program, for purposes of federal and/or state examination and audit. 3- 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 combliance v‘it applicable provisions. 2007 HSGP Grant Agreement Oakland County Page 5 of 10 M. Suberantor and Subgrantee 7Y07 HSGRinformation constitutes records subject to the Michigan Freeciom 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 Cr 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 antiterrorism act,.., emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless cisclosure 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 ciscussiotis of demographics, transportation,.publio works, and industrial and public health infrastructures. Therefore, each suo-grantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. N. Notwithstanding any other provision in this Grant Agreement, the Subgrantee will only be held responsible for expenditures disallowed by federal or state audit that are determined to be caused by the negligence of the Subgrantee or by the Subgrantee not complying with the responsibilities of section IV. 0. integrate individuals with disabilities into emergency planning, Executive Order 13347. P. National Environmental Policy Act (NEPA) requires DHS to analyze the possible environmental impacts of each construction project funded by a DHS grant. Results of the NEPA Compliance Review could result in a protect not being approved for DHS funding, the need to perform an Environmental Assessment or draft an Environmental Impact Statement. VI. Responsibilities of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will: Administer the 2007 HSGP in accordance with all applicable federal and state regulations and guidelines and provide Quarterly reporting documenting this administration. B. Provide direction and technical assistance to tne Subgrantee. C. Provide any special report forms and reporting formats (templates) required by the Subgrantor for operation of the program. D. Reimburse the Subgrantee i accordance with this Grant Agreement based on appropriate documentation submitted by the Subgrantee. E. Independently Or in oonjunceon with the Department of Homeland Security (DHS), conduct random on-site reviews with Subgrantee(s). F. Subgrantor and Subgrantee FY07 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 FOlA. permit the exempion from Public disclosure of the records of a 2007 HSGP Grant Agreement Oakland County Page 6 of 10 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, arid 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 antiterrorism .. ace... 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 appying 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 inf7estructures. 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. W. Payment and Reporting Procedures The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attachee documentation, including aH required authorized signatures, and submit e as needed or at a minimum at the end of each quarter if there are eligibte expenses to be reimbursed. See below quarterly report schedule for due dates. Please note: One Reimbursement Cover Sheet and related forms must be completed.for each exercise. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. 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 the reason they are requesting an advance: 2) The Subgrantee must submit a copy of an approved purchase order showing the delivery date for the items ordered to be within 120 days of the purchase order date; 3) These funds must be placed in an interest-bearing account. The Subgrantee may keep interest up to $100 per year for administrative expenses for al i Federal Grants combined. Funds cannot be advanced for more than 120 days. If the Subgrantee is notified by the vendor of delays in the delivery date of equipment, funds must be returned to the Subgrantor. Advances cannot be outstanding for more than 120 days; 4) Any interest earned over $100 must promptly, but at least quarterly, be remitted to: United States Department of Health and Human Services, Division o' Payment Management Services, P.O. Box 6021, Rockville, MD 2052.8 The Subgrantee must also notify the Subgrantor in writing of any interest earned over 5100 quarterly. THE QUARTERS ARE AS FOLLOWS: 5th Quarter: July 1, 2008 to September 30, 2008 6th Quarter: October 1, 2008 to December 31, 2008 7th Quarter: January 1,2009 to March 31, 2009 8th Quarter: April 1, 2009 to June 30, 2009 eth Quarter: July 1, 2009 to September 30, 2009 10th Quarter: October 1, 2009 to December 31, 2009 11 th Quarter: January 1,2010 to March 31, 2010 DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS: 2007 I-ISGP Grant Agreement Oakland County Page? of 10 5th Quarter: October 31, 2008 61h Quarter: January 31, 2009 7th Quarter: April 30, 2009 8th Quarter: July 31, 2009 9th Quarter: October 31, 2009 10th Quarter: January 31, 2010 11 th Quarter: April 30, 2010 Reporting Requirements The reporting requirements are designed to provide the Subgrantor with sufficient information to monitor project implementation and ensure Proper use of federal funds. Accounting systems must allocate cost S to the project activities. Expenditures must be summarized, correspond with the project budget detail, scope of the project, or work plan attached to the award, and be supported with source documentation, as appropriate. Subgrantees are required to submit Quarterly Progress Reports by Project and supporting documentation for expenditures in accordance with their project budget detail and project scope of work. Progress reports compare actual expenditures to the project budget detail for the reporting period. Any significant cost deviations from the approved budget detail and subsequent impact on the project, etc. shall be reported in the Narrative Progress Report. The Quarterly Progress Report must support the expenditures and financial activity in financial progress reports and reimbursement requests. The information on this form will be used by the Subgrantor to monitor grantee cash flow and encumbrances, grantee performance, project implementation, and compliance with OMB Circulars A-21. A-87, A-102, A-110, A-122, A-133, the "Common Rule...", the U.S. Dept. of Justice/Office of the Comptroller (0C) Financial Guide, and the U.S. Dept. of Homeland Security/Office of Grant Operations Financial Guide, to ensure proper use of federal funds. Quarterly Progress Reports are required whether or not expenditures are incurred. Subgrantees failure to fulfill the quarterly reporting requirements, as required by the grant, may be subject to suspension of grant activities until reports are received. Reimbursement requests and work reports should be mailed to the Michigan State Police, Emergency Management and Homeland Security Division, 4000 Collins Road, Lansing, MI 48910, unless the Subgrantee is otherwise notified by the Subgrantor. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. 111.1111 SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Memorandum of Understanding Procedure The Subgrantee may enter into Memorandums of Understanding (MOU) with the Subgrantor for the Subgrantor to pay other local jurisdictions directly in accordance with current OHS guidance. An MOU must be initiated by the Subgrantee. The Subgrantee must submit an MOU every time it would like another jurisdiction to receive direct reimbursement from the Subgrantor. Each MOU must be signed by the authorized representative for the Subgrantee and Subgrantor and agreed to prior to a payment being made to a jurisdiction other than the Subgrantee. 2007 HSGP Grant Agreement Oakland County Page 8 of 10 IX. 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 Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MGL 37.1101 et seq„ and all other federal. state and local fair employment practices and equal opportunity laws ard 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 indirect)/ related to employment because of his or her race, religion, coler, 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. 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 the Grant Agreement The Subgrantee shall ensure that no subcontractor, manufacturer, or sopplier of Subgrantee on this Project appears in the register compiled by the Michigan Department of Labor and Economic Growth, Bureau of Commercial Services, Licensing and Enforcement Divisions, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (State Contractors with Certain Employers Prohibited Act), or on the Federal excluded party list system database located at www.epis.gov. X. 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 inderrinay the other party in such litigation. This is not to be construed as a waiver of governmental immunity. 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 oonfer 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 July 1,2007 through March 31, 2010. 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, eacn 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 Subgrantee agrees to return to the Subgrantor any funds not authorized for use, and Subgrantee shall have no further obligation to make payments. 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 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 XII 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. Suograntee agrees to inform Subgrantor in writing immediately of any proposed changes of dates, budget, or services indieated 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 shalt oe deemed void or unenforceable, the remainder of the Grant Agreement shaP remain vaiid 2007 HSGP Grant Agreement Oakland County • Page 9 of 10 The State may suspend or terminate sub-grant funding, in whole or in part, or other measures may be imposed for any of the following reasons: • Failure to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failure to comply with the requirements or statutory objectives of feaeral or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the sub-grant application. • Failure to follow Grant Agreement requirements or special conditions. • Proposal or implementation of substantial Wan changes to the extent that, if originally submitted, the project would not have been approved for funding. • Failure to submit required reports. • Filing of a false certifioation.in the application or other report or document, • Failure to adequately manage, monitor or direct the grant funding activities of their sub-recipients. Before taking action, the state will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIV. 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. XV. Freedom of Information Act (FOIA) OHS recognizes 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 nations: security interests. This may include threat, risk, and needs assessment information, and discussions of demographics, transportation, public works, and industrial and public health infrastructures. While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5. U.S.C. §552, all determinations concerning the release of information of this -nature are made on a case by- case basis by the DHS FOIA Office, and may Hcely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws ana regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The applicant may also consult G&T regarcing concerns or questions about the release of information under State and local laws The grantee should be familiar with the regulations governing Protected Critical Infrastructure Information (6 CFR Part 29) and Sensitive Security Information (49 CFR Part 1520), as these designations may provide additional protection to certain classes of nomeiand security information. 9-1 8-08 2007 HSGP Grant Agreement Oakland County Page 10 of 10 XVI. Official Certificati on For the Subgrantee. The individual or officer signing this Grant Agreement certifies by his or her signature that he or she is atithorized to sign this Grant Agreement on behalf of the jurisdiction ne or she represents. Bin Bullard, Jr. c'hai rma)1 Olarid County Board of Printed Name Title Commissioners Oakland County, Michigan Name of Jurisdiction Signature Date For the Subgrantor (Michigan State Police — Emergency Management and Homeland Security Division Cert. W. TomaSd Deputy State Director of Emergency Management and Homeland Security Title Printed Name Signature Date FISCAL NOTE (MISC. #08239) November 6, 2008 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS — ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM — OAKLAND COUNTY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule Xil-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The U.S. Department of Homeland Security, through the Federal Emergency Management Agency (FEMA) for the State Homeland Security Grant Program, has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $643,487 for the State Homeland Security Program; $523,180 for the Law Enforcement Terrorism Prevention Program. $1,145,038 for the Urban Area Security Initiative, for a total of $2,311,705. 2. The grant period is July 1, 2007 through March 31, 2010, 3. The US Department of Homeland Security Program is comprised of four mission areas of homeland security (prevent, protect, respond, and recover) and addresses the 8 national priorities and 37 target capabilities as they relate to terrorism. 4. The grant will also support implementation of the National Preparedness Goal, the National Incident Management System (NIMS), and the National Response Framework (NRF). 6. The grant award continues funding for two (2) special revenue full-time eligible ERP- Regional SAP, positions #10296 and #10520 previously created with Homeland Security Grant per MR #06246, which has since expired. 6. A budget amendment is recommended to the FY 2009 Budget to recognize the grant award as follows: FY 2009 FY 2009 FY 2009 Grant Adopted Amendment Total Fund #29340 GR0000000397 Budget Ref: 2008, Activity: A, Ana. Type: GLB Revenue 1010115-115125-610313 Federal Grant Rev $244,019 $2,067,686 $2,311,705 Expenditures - State Homeland Security Program 1010115-115125-702010 Salaries $106.636 106,636 1010115-116125-722770 Fringe Benefits 137,383 137,383 1010115-115125-750077 Disaster Supp, 0 689,228 689,228 1010115-115125-750154 Expendable Equip. 0 689,229 689,229 1010115-115125-760126 Capital Outlay-Misc. 0 689 229 6892.29 Total Expenditures $244,019 $2,067,686 $2,311,705 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel absent. Resolution #08239 November 6, 2008 Moved by Clark supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jacobsen, Kowa, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (22) 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 HEREBY APPROVEATHE MGM iliS01.010% 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 November 6, 2008, 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 6th day of November, 2008. t Ruth Johnson, County Clerk