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HomeMy WebLinkAboutResolutions - 2008.11.06 - 9589REPORT (MISC. #08245) November 6, 2008 BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS ACCEPTANCE FROM 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM REGIONAL FIDUCIARY To: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on October 30, 2008, reports with the recommendation that the fiscal note be amended to change the second paragraph to read: The grant period is Gctobcr 1, 200a July 1, 2007 through March 31, 2010. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel absent N6vember 6, 2008 MISCELLANEOUS RESOLUTION #Q8245 By: Public Services Committee, Jeff Potter. Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM —REGIONAL FIDUCIARY TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released f,.-om the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the State of Michigan for the 2007 Homeland Security Grant Program; and WHEREAS the State has awarded a 2007 Homeland Security Grant to Region 2 in the State which includes, but is not limited to the following political subdivisions: City of Detroit and Macornb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the Michigan Homeland Protection Board continues to support Regional Homeland Security Planning Boards throughout the state; and WHEREAS the Michigan Homeland Protection Board has charged the Regional Homeland Security Planning Boards to identify and prioritize how regionally awarded grant funds will be used within the regions; and WHEREAS the Regional Homeland Security Planning Board for Region 2 ("Region 2 Planning Board") is comprised of the reprgsentatives from the above-listed political subdivisions; and WHEREAS•the Region 2 Homeland Seairity Board is not a legal entity that can be a subgrantee for the Homeland Security Grant or that can manage and distribute the grant funds; and .t WHEREAS the Region 2 Planning Board has selected Oakland County to serve as fiduciary and subgrantee for the regional portion of the 2007 Homeland Security Grant Program; and WHEREAS the Urban Area Security Initiative award is S1,800,816.75; and WHEREAS 5244,019.75 of the total award is allocated to Oakland County for Management and Administrative expenses to cover the period of October 1,2008 through March 31, 2010; and WHEREAS the appointment of Oakland County as fiduciary and subgrantee for the 2007 State Homeland Security Grant Program requires the continuation of one (1) full-time eligible special revenue ERP-UASI Regional SAP in the Emergenc§ Response and Preparedness Division position #10519; and WHEREAS the appointment of Oakland County as fiduciary and subgrantee for the 2007 State Homeland Security Grant requires the continuation of one (1) full-time non-eligible (2000 hr/year) Buyer ll position in the Purchasing Division, position #10521; 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; and . WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal agreement and exhibits to be used for the 2007 State Homeland Security Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for the 2007 State Homeland Security Grant and accepts the grant funds in an amount up to $1,800,816.75 with no county match or in-kind contribution 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 approves the attached Interlocal agreement 'and exhibits and authorizes its chairperson to execute such Agreement and all other related documents between Oakland County and the Political Subdivisions iocated.in Region 2 of the State. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners continues to fund one (1) special revenue ERP-UASI Regional SAP. position #10519 through the performance period of the grant. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners continues to fund one (1) special revenue Buyer II, position #10521 through the Orformance 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 an 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 all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, 2n behalf of the Public Services Committee. I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE • Public Services Committee Vote. Motion carried unanimously on a roll call vote witi Potter, Girigell, Potts and Gregory absent GRANT REVIEW SIGN OFF — County Executive Emergency Response and Preparedness GRANT NAME: 2007 State Homeland Security Grant Program - Regional Fiduciary FUNDING AGENCY: US Department of Homeland Security through Michigan State Police Emergency /v1anagement and Homeland Security Division DEPARTMENT CONTACT PERSON: Gail Novak 8-5080 STATUS: Grant Acceptance DATE: October 21, 2008 Pursuant to Misc. Resolution 401320, please be advisedthe captioned grant materials have completed intenial grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' conanittet(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget Pm fine with the revised agreements. The changes were minor in all three cases. - Art Holdsworth (10/1612008) Department of Reiman Resources: Approved. - Cathy Shallal (10/17/2008) Risk Management and Safety: Approved per revised contract received from Corporation Counsel 10,35,0$ - Andrea Plotkewski (10/20/2008) Corporation Counsel: There are no outstanding legal issued concerning the three grants reviewed. - Mike Blaszczak (10/7/2008) 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, A-102, and A-133 http://www.whitehouse.gov/ombkireniarsiindeeleteal US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CeR Part 66 and 28 CER Part 70) ://www.ac s. Maki= rv2 04.htrul Emergency Management and assistance Regulations (44 CFR) lh //ww.aecesso.gov/Ikara/cfr/waisidx 00/11-4cfevl 00.hara/ tral Administrative Guide to State Government http://www.michiaan gov/dmb/0,1607.7-150-9131 9347-,00.html a X.: c=uet0 etecobieetNa • State of Michigan Financial Management Guide (FMG) ://www,micbi ovilya 6073-157-13404 27707-997S7- Of) '! Single Audit Act of 1984 (with amendments in 1996) httn://w-ww,whitehous4..povion1b/financiA1ifirLsgividivlifi.1 Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness hM://www.fema.aov/DclOemergenovinirrisdiuns executive order 13347:Ddi Michigan — Freedom of Information Act 442 of 1976 (MCI, 15231) ://ww‘gnyl(S iulagalgkill),46j166 me=mc1-15-231 A- • ma - . Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d) http://ww*.usdoj_govicrticorkoordititlevistathtra Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" httn://www.leslislature.mi (II n11 X9 eit-mri '7')-1-1iNu-khd.c-Virrilifinii el-Aer-453-of-19768zquerifid=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 0. 1976" http://www.1e2islaturesaisrovNudi txpeltmri 57i 479-iiitt etobi ectkobj cetiarne=m e1-Act-220-of-1976&quelyid=14718589 Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980 htto://www,leszislat --mcl-Act-278-of-1980 Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29) http://ecfr.gpoaccess.gov/cOit/textitext-idx?ceefi -&t-pFirecfrbrowseiTitleKatefr29 maim 02.tp1 Department of Homeland Security — Protection of Sensitive Security Information (49 CFI( Part 1520) httr:// ac uess..gpo. go vinaraic friw ais idx 04149c fr1520_04.htnil EiSialLtlie.1111.230 nv 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 Subgrantor), and Oakland County (hereinafter called the Subgrantee) I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Region 2 Homeland Security Planning Board ("Region 2 Board") through the Suograntee (whic has been vote and approved to act as the fiduciary agent for the board for the 2007 HSGP) for preventing, deterring, responding to, and recovering from Incidents of National Significance, including threats and incidents of terrorism. The Region 2 Board is comprised of the following jurisdictions: the City of Detroit, and Oakland, Macomb, Monroe, St. Clair, Washtenaw, and Wayne Counties. The 2007 HSGP is 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 8 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. Objectives The principal objective of this Grant Agreement is to provide financial assistance by providing federal pass-throogh funds to the jurisdictions comprising the Region 2 Board for allowable costs in the program areas listed below. Urban Areas Security Initiative (UASI): • Planning • Organization • Equipment • Training • 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.ojc.usdoj.goviodpigrants_programs.htmgy2007hsgp. 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 2 of 10. • The Subgrantor, in conjunction with the Michigan Homeland Security Preparedness Committee, has created a list of priority projects that grant recipient 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. Statutory Authority Funding for the 2007 HSGP is authorized by the 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://www,whitehouse.gov/omb/eirculars/index.htmi, 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://wwvv.gao.govigovaud/ybk01.htm, the Code of Federal Regulations (CFR) Title 44 - Emergency Management and Assistance, located at http://www.access.gpo.govinarafcfriwaisiax 05/44cfrv1_05.html, the Administrative Guide to State Government, located at http://www.rnichigan.govklmb/0,;1-607,7-150-9131_9347--,00.html, the State of Michigan Financial Management Guide (FMG), located at httoliwww.michigan.gov/budget/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 incurrec 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 created to ensure that ail jurisdictions within a designated region have an equal say in how funds are spent. 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 Planning Board, not the Subgrantee. B. The USAI award for Subgrantee, as Fiduciary Agent for Region 2 is $1,800,816.75. C. The Region 2 Board has voted and approved that the amount set in Section N.B. shall be allocated and used in the following manner; - 1. $75,000.00 for the Region 2 Board Secretary and administrative assistance; 2. $1,250,000,00 for the Region 2 Board Urban Search and Rescue Project; 3. $231,797.00 for the Region 2 Board Communications Project; and 4. $244,019.76 for the Region 2 Board Fiduciary Agent Staffing. D. Reimbursement of the above-listed allocated Granefunds is conditioned upon completion of the requirements listed in Sections IV, V. and VII of this Grant Agreement. 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 3 of 10 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 act as the designated Fiduciary Agent for the Region 2 Homeland Security Board. As the designated Fiduciary Agent of Region 2, 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 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 Regaraing Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OP Form 406116) • 3.) Audit Certification Form 4.) W-9 Tax Identification Form • 5.) Other documents that may be required bylederal or state officials. 8, The 2007 Homeland Security Grant 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.usdol.govioapigrants_programs.htmtffy2007hsgp for a detailed list of eligible costs. C. Submit project applications to the Subgrantor, which have been prepared and approved by the Homeland Security Regional Board, for evaluation ana 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 LJASI investments, 8 requireo projects, and he 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. 0. 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 the Subgrantor or 01-15. 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 equipment is assigned to and the physical location of the equipment for the grant period and at least three years after the grant is closed. Any equipment purchased 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 otner government agencies per equipment assignments. This process needs 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 leg& and financial responsibility for pieces of equipment. 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 4 of 10 G. At the end of the Fiscal 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 tnat 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 minimum, at the end of eace quarter. The Subgrantee must submit the quarterly reimbursement request even if it has no expenditures for that quarter. The due dates for quarterly reimbursement requests are I:sted 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 ether reimbursement forms can be found on the EMD webs ite at http://wvvw,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 Su bgrantor 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 (BS IR). The BSI R is due within 20 days after the end of the reporting period. The due dates for the BS1R 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 BSIR is due 90 days after the end date of the 2007 Homeland Security Grant award period. K. Comply with the current MIMS implementation requirements. NIMS information is available at http://www,fema.gov/nims. 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: 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 compliance with applicable provisions. M. Subgrantor and Subgrantee FY07 HSGP Information constitutes records subject to the Michigan Freedom of Information Act (FDA), MQL 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 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 5 of 10 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 oarticula7 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 nationai 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. N. Notwithstanding any other provision of 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 Sub-grantee 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 OHS grant. Results of the NEPA Compliance Review could result in a project 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 A. 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 the Suograntee. C. Provide any special report forms and reporting formats (templates) required by the Subgrantor for operation of the program, D. Reimburse the Subgrantee in accordance with this Grant Agreement based on appropriate documentation submitted by tne Subgrantee. E. Independently or in conjunction 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 FOIA, permit the exemption from pubiic 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 am plans for responding to a violation of the Michigan antiterrorism act,... emergency response plans, risk planning documents. threat assessments, and domestic preparedness strateoies, unless disclosure would not impair a public body's ability to 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 6 of 10 protect the security or safety of persons or property or uniess 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 tne 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. VII. Payment and Reporting . Procedures The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it as needed or at a minimum at the end of each quarter if there are eligible 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 all 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 Suograntor. 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 of Payment Management Services, P.O. Box 6021, Rockville, MD 20852. The Subgrantee must also notify the Subgrantor in writing of any interest earned over $100 quartery. THE QUARTERS ARE AS FOLLOWS: 5th Quarter: July 1, 2008 to September 30, 2008 6th Quarter: October 1, 2008 to December 31, 2008 7‘h Quarter: January 1,2009 to March 31, 2009 8th Quarter: April 1,2009 to June 30, 2009 9th 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: 5th Quarter: October 31, 2008 6' Quarter: January 31, 2009 7th Quarter: April 30, 2009 8th Quarter: July 31, 2009 9th Quarter; October 3'1, 200S 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 7 of 10 10"' Quarter: January 31, 2010 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 costs 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 arid 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 (CiC) 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, 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 (1v10U) 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. IX. Employment Matters Subgrantee shall comply with Title VI of the Civil Rghts Act of 1964. as amended. the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, IvICL 37.2101 et seq., the Persons 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 shal not discriminate against any employee or applicant for ernpioyment, 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 inctirecty related to employment because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 8 of 10 unrelated to the individual's ability to perform tie duties of a particular job or position. Subgrantee agrees to include in every subcontract entered into for tne 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 supplier 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.epls.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 indemnify 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 confer on a third party any rights or obligations enforceable in their favor. XII. Grant Agreement Period This Grant Agreement is in full force and effect from 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, 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 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. 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. 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 feceral 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. • Proposai or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding. • Failure to submit required reports. 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 9 of 10 • Filing of a false certification 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 ta 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 Subgranteess business integrity. XV. Freedom of Information Act (FOIA) DHS 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 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. 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 likely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters ie the grant application, needs assessment and strategic planning process. The applicant may also consult G&T regarding 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 homeland security information. XVI. Official Certification For the Subgrantee. 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 ne or she represents. printed Name Name of Jurisdiction Signature Date Signature ThT Reoional Board Chair Title Printed l'‘'ne 2007 HSGP Grant Agreement Oakland County (Region Fiduciary) Page 10-of 10 For the Subgrantor (Michigan State Police — Emergency Management and Homeland Security Division) Cant, W. The as -ands Printed Name Signature Deputy State Director of Emergency ManapemenI and Homeland Security Title Date For the Region 2 Homeland Security Planning Board: The Region 2 Board Chair's signature appears on this Grant Agreement as a certification that the Region 2 Board has chosen Oakland County to serve as the fiduciary agent for $1,800,816,75 of the 2007 liSGP for Region 2. This signature does not provide inclusion of the Region 2 Board Chair or the jurisdiction he or she represents as part of the agreement between the Subgrantor and Subgrantee. 2007 HOMELAND SECURITY GRANT PROGRAM INTERLOCAL FUNDING AGREEMENT BETWEEN OAKLAND COUNTY AND [NAME OF POLITICAL SUBDIVISION] This Interlocal Funding Agreement ("the Agreement") is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("Fiduciary"), and the IName and Address of Political Subdivision], a Michigan Municipal Corporation ("Political Subdivision"). In this Agreement the Fiduciary and the Political Subdivision may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the Fiduciary and the Political Subdivision enter into this Agreement for the purpose of delineating the relationship and responsibilities between the Fiduciary, the Political Subdivision, and the Region 2 Planning Board regarding the 2007 Homeland Security Grant Program ("Grant Program") and use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds. purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or overtime with Grant Program funds. Oakland County, Michigan was elected and appointed Fiduciary for the 2007 Homeland Security Grant Program by Region 2 Planning Board via a resolution dated November 15, 2007. Oakland County accepted the position of Fiduciary and as a result entered into the 2007 Homeland Security Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within Or without quotation marks, or possessive or noripossessive, shall be defined, read, and interpreted as follows. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or .expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiduciary or Political Subdivision, as defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise. Pagel 2007 Hoinelaric:. Seettrir.c, Grant Program. Funding Agreement - Final 1.1. 1.3. Dav means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Fiduciary means Oakland County, a Constitutional Corporation including, but not limited to, its Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members. commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons successors. 1.5. Political Subdivision means the a Michigan Municipal Corporation including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons successors. 1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.7. Region 2 Homeland Security Plaunin Board the Regional Homeland Security Planning Board for Region 2, as created by the Michigan Homeland Protection Board, and is comprised of the City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. The Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.8, 2007 Homeland Security Grant Program ("Grant Program" 1 means the grant program described and explained in Exhibit B which began July 1, 2007 and ends March 31, 2008. The purpose of the Grant Program is to prevent, deter, respond to, and recover from incidents of national significance including, but not limited to, threats and incidents of terrorism. 2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 2.1. Exhibit A — Region 2 Homeland Security Planning Board Resolution; re: 2007 Homeland Security Grant Program Fiduciary; 2.2. Exhibit B — 2007 Homeland Security Grant Program Agreement between Fiduciary and the State; 2.3. Exhibit C — Transfer of Ownership Agreement/Equipment Receipt and Acceptance; and 2.4. Exhibit U — Request for Reimbursement Forms. 3, FIDUCIARY RESPONSIBILITIES. 3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement between the Fiduciary and the State of Michigan. Page 2 2007 Homeland Security Grant Program Fundim Agreement — Final 3.2, The Fiduciary shall comply with all requirements set forth in the 2007 Homeland Security Grant Program Guidance. 3.3. The Fiduciary shall purchase equipment with the Grant Program funds in accordance with the Fiduciary's purchasing policies and procedures. The Region 2 Planning Board shall determine what type of equipment will be purchased and who shall receive such equipment. 3.4. The Fiduciary shall create, maintain, and update a list/inventory of all equipment purchased with Grant Program funds beginning at the time the Grant Program Agreement is executed and ending three (3) years after the Grant Program is closed. The list/inventory shall include the following: (1) the equipment purchased; (2) the cost for each piece of equipment; (3) what Political Subdivision the equipment is transferred to; and (4) the physical location of the equipment. 3.5. The Fiduciary shall transfer ownership and legal title to the equipment purchased with Grant Program funds to Political Subdivisions, designated by the Region 2 Planning Board, via the Transfer of Ownership Agreement attached as Exhibit C. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Transfer of Ownership Agreement on behalf of the Fiduciary and shall execute the Transfer of Ownership Agreement on behalf of the Political Subdivision. 3.6. The Fiduciary shall notify each Political Subdivision at the end of the Fiduciary's fiscal year of tbe dollar amount of equipment that has been transferred to the Political Subdivision. 3.7. The Fiduciary shall reimburse or purchase services for the Political Subdivision with Grant Program funds, as directed by the Region 2 Planning Board. Such funds shall only be transferred or services purchased after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly executed by the Parties. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Forms on behalf of the Fiduciary and shall execute the Forms on behalf of the Political Subdivision. 3.8. The Fiduciary shall reimburse the Political Subdivision, as directed by the Region 2 Planning Board, with Grant Program funds for salaries and overtime for Political Subdivision employees and/or agents. Such funds shall only be transferred after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly executed by the Parties, The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Forms on behalf of the Fiduciary and shall execute the Forms on behalf of the Political Subdivision. 3.9. The Fiduciary shall file this Agreement pursuant to law and provide executed copies of this Agreement to the Region 2 Planning Board Secretary and the applicable Political Subdivision. 4. POLITICAL SUBDIVISION RESPONSIBILITIES. 4.1. Upon receipt of equipment purchased with Grant Program funds, the Political Subdivision shall execute the Transfer of Ownership Agreement, attached as Exhibit C, for each piece of equipment. The Political Subdivision will not obtain title to the equipment and will not be permitted to use the equipment until the Fiduciary receives an executed Transfer of Page 3 2007 Homeland Security Grant Program Funding Agreement — Fin& Ownership Agreement. The Political Subdivision agrees to be bound by all terms and conditions of the Transfer of Ownership Agreement, attached as Exhibit C 4.2. Upon execution of the Transfer Ownership Agreement, Exhibit C, the Political Subdivision shall be solely responsible for the equipment, including but not limited to the following: 4.2,1. Operation of the equipment: 4.2,2. Maintenance and repair of the equipment; 4.2.3. Replace or repair equipment which is willfully or negligently lost, stolen, damaged, or destroyed; 4.2.4, Investigate, fully document, and make part of the official Grant Program records any loss, damage, or theft of equipment; 4.2.5. Insurance for the equipment if required by law or if the Political Subdivision deems it appropriate in its discretion; 4.2.6. Training for use of the equipment, if training is not included with the purchase of the equipment; and 4.2.7. Liability for all Claims arising out of the Political Subdivision's use of the equipment. 4.3. The Political Subdivision shall comply with and shall use the equipment in accordance with the 2007 Homeland Security Grant Program Guidance. 4.4. The Political Subdivision shall keep the Fiduciary informed of the location of the equipment. If the equipment by its nature is mobile, the Political Subdivision must provide a general location or "home-base" where the equipment can be found. If the location of the equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fiduciary upon execution of the Transfer Ownership Agreement and continue until three (3) years after the close of this Grant Program. 4.5. The Political Subdivision shall list all equipment transferred to it pursuant to the Transfer Ownership Agreement on its Schedule of Expenditures of Federal Awards. 4.6. Except for equipment that is disposable or expendable, the Political Subdivision shall inform the Fiduciary Sit plans to dispose of the equipment and work with the Fiduciary regarding any issues associated with disposal of the equipment. 4.7, The Political Subdivision shall be solely responsible for all costs, fines, and fees associated with the use and misuse of the equipment, including but not limited to, costs for replacing the equipment or costs, fines, or fees associated with an ineligible use determination by auditors. 4.8. The Political Subdivision shall make the equipment available to the Fiduciary and State and Federal Auditors upon request. Page 4 2007 llomekand Seeurir... Grant Program Funciim -17reemenr — Fine • 4.9. Prior to reimbursement for the purchase of services arid/or for salaries or overtime, the Political Subdivision shall properly execute the applicable Request for Reimbursement Forms, attached as Exhibit D. The Political Subdivision shall not receive reimbursement for services, salaries, and/or overtime until all applicable Request for Reimbursement Forms are properly executed. The Fiduciary, in its sole discretion, shall determine if the Request for Reimbursement Forms are properly executed. 5. REGION 2 PLANNING BOARD RESPONSIBILITIES The Parties agree and acknowledge that the Region 2 Planning Board shall have the following responsibilities: 5.1. Undertake studies and make recommendations on matters of emergency management and homeland security to Political Subdivisions in the Region; 5.2. Prepare and present to the State Homeland Security Advisory Council findings of activities and initiatives undertaken in the Region; 5.3. Hold public meetings, subject to the Michigan Open Meetings Act; 5.4- Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by Federal and State homeland security program requirements; 5.5. Establish sub-committees to carry out its work; 5.6. Advocate for, monitor, and actively engage in the implementation of the Regional Homeland Security Strategy; and 5.7. Determine what type of equipment will be purchased with the Grant Program funds, determine what equipment each Political Subdivision will receive, and convey this information to the Fiduciary immediately after such determinations are made. 6. DURATION OF INTERLOCAI AGREEMENT. 6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party and shall end three (3) years from the date the Grant Program is closed. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 7. ASSURANCES. 7.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 7.2. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. Page 5 2007 Homeland Security Grant Program Fundini:,, r ee in en t — Min! 7.3. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit B and the 2007 Homeland Security Grant Program Guidance. 8, fI Ether Party may terminate and/or cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of termination and/or cancellation shall be clearly stated in the notice, if this Agreement is terminated and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of termination and/or cancellation, shall remain valid and govern the Parties duties and obligations regarding equipment transferred to the Political Subdivision and the Parties shall execute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination and/or cancellation. 9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 11, PERMITS AND LICENSES, Bach Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement. 12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 13. DELEGATION/SUBCONT , Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No -waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term. or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. Pan 6 2007 Homeland Secneire Grant Prog.rain Fundire: Agreement — Final ,1 16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail. or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 17.1. If Notice is sent to the Fiduciary, it shall be addressed and sent to= Oakland County Board of Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to Oakland County Emergency Response and Preparedness, Administrator, 1200 N. Telegraph Dept 410, Building 47 West, Pontiac, Michigan 48341. 17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: 17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 19. AGREEMENT MODIFICATIONS OR AMFNDMF.NLS_. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and executed by both Parties. 20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Clerk/Register of Deeds County of Oakland Page 7 2007 Homeland Seco Grant Prog.ram Funciin.; Agreement — Final [Political Subdivision Signature Block Page 8 2007 Homeland Securirv (rant Program F. undinc Agreement — Fina! FISCAL NOTE (misce #08245) November 6, 2008 BY: FINANCE COMMI ITEE, MIKE ROGERS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS — ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM — REGIONAL FIDUCIARY 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 U.S. Department of Homeland Security, through the Federal Emergency Management Agency (FEMA) for the State Homeland Security Grant Program, has awarded Region 2, in the State, $1,800,817, which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. 2. The grant period is July 1,2007 through March 31, 2010. 3. The program provides funds to build capabilities for preventing, responding to and recovering from acts of domestic and foreign terrorism to address National Priorities and Target Capabilities as they relate to terrorism, and support the implementation of the National Preparedness Goal, National Incident Management System and National Response Framework. 4. Oakland County has been appointed by the Region 2 Planning Board as Fiduciary and Subgrantee for the 2007 State Homeland Security Grant and has been allocated $244,019 of the total award for Management and Administrative expenses, which covers the continuation of one (1) full time non-eligible (2000 hr/year) Buyer 11, (position #10521), in the Purchasing Division, and one (1) full-time eligible special revenue ERP-UASI Regional SAP (position #10519) originally created with the Homeland Security Grant per MR #06246, but has since expired. 5. 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 GR0000000399 Budget Ref: 2008, Activity: A. Type: GLB Revenue 1010115-115127-610313 Federal Grant Rev. $250,000 1.550 817 $1,800,817 Expenditures - State Homeland Security Program 1010115-115127-702010 Salaries $109,250 $ 109,250 1010115-115127-722770 Fringe Benefits 140,750 140,750 1010115-115127-750767 Trning-Dis. Supp. 0 526,599 525,599 1010115-115127-750154 Expendable Equip. 0 499,619 499,619 1010115-115127-760126 Capital Outlay-Misc. 0 525,599 525,599 Total Expenditures $250.000 $1 550 817 $1,800,817 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel absent. Resolution #08245 November 6, 2008 Moved by Potter supported by Spector the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Spector the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Zack the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Coulter, Crawford. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. HEREBY APPROVE THE FOREGOING RESOLUTION 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. God t Ruth Johnson, County Clerk