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HomeMy WebLinkAboutResolutions - 2009.08.12 - 9698MISCELLANEOUS RESOLUTION 109164 August 12, 2009 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES I HOMELAND SECURITY - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2009 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County Emergency Response and Preparedness grant funding in the amount of $37,821 for the period of October 1, 2008, through September 30, 2009: and WHEREAS Emergency Management was notified of available grant funding via letter dated June 2, 2009, as attached; and WHEREAS this is the 37th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds for which no County match is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $37,821 for Fiscal Year 2009. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERN IMI'TTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote. 1 Page 1 of 4 Gait Novak From: Phi, Gaia [pilrg@oakgov.com] Sent: Thursday, June 25, 2009 3:22 PM To: 'Novak, Gail'; 'Pearson, Linda.; QUISENBERRYT©oakgov.com Subject: Grant Sign Off: Homeland Security Division - FY 2009 Emergency Management Performance Grant (EMPG) - Grant Acceptance The omplete lip off package is attached, GRANT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: FY 2009 Emergency Management Performance Grant (EMPG) FUNDING AGENCY: State of Michigan — Dept of State Police Emergency Management DEPARTMENT CONTACT PERSON: Gail Novak 248 858-5080 STATUS: Grant Acceptance DATE: June 25, 2009 Pursuant to Misc. Resolution #01320, please he advised the captioned grant materials have completed intemai grant review. Below are the returned comments. The captioned grant matetals and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners committee(s) for grant acceptance by Board resolution, DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (6/19/2009) Department of Human Resources: Approved. — Cathy Shalla1 (6/19/2009) Risk Management and Safety: Approved. - Andrea Plotkowski (6/22/2009) Corporation Counsel: After reviewing the above-referenced grant acceptance (EMPG Agreement), I found no legal issues that must be resolved before executing the agreement. — Jody Hall (6/22/2009) 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. Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended http;//www vidocurnents/rnsoemd-Act 390 of 1976 7125 7.pdf The Robert T, Stafford Disaster Relief and Emergency Assistance Act, as amended hripl/www ferna.goviabouvstafact.shtm 6/29/20 09 Page 2 of 4 Emergency Management and Assistance Regulations (44 CFR) hrtp://wi,vw.accespj:Lgovinaratelr/waisid00/44cfrvl_00.html Office of Management and Budget Circulars A-87, A-102 and A-133, as revised htzi,Liviww.whiteliouse.g_ovionibteirculars/index.html Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness http://www.ferna...govipdfiemetcy/nimsinims_executive_order__1334.7.pdf NIMS Compliance (National Incident Management System) hitp://www.fcma.gov/ernerencyju i General Accounting Office Government Auditing Standards linp://www.gao.go0,ovaudliDkOl Buy American Act (41 USC 10a) http!)./frwebgate.access..w Q.govicE i-binigetdoc.cgi?dbname—browse_usc&docid—C ite: +4 I L: SC10a Federal Funding Accountability and Transparency Act of 2006 http://ftp.fas.orgisgpicor Rress12006/ffata-house.html Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2004d) id-tp:,,A.,:ww.tiWolvvIcrticclicoordititlevistat.htm Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" h.ttp ./,.yi.yl.c.legiA_atige.mi.govi(u.0_1.3cgeltmri5z55z2tiiviv45.)/mileg.aspx?page=getobject&olzicetname=inci-Act-453-of- 9768Queryid ,- 14718540 Michigan Persons with Disabilities Civil Rights Act —"Act 220 of 1976" httiwww.legislaturc.mi,g9v/(trq3lxgeltmfAz55z2uiwv45)imilmapx?rage —getobiect&Qbjectname=mcl-Act-220-of- 1976&queryid=i 4718589 Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980 http Icgislature.rn vi(S(ealragv4unclgbv1110521355))/thi1eg.aspx?pagc=gctObject&objectName—mcl-Act-278-of-. 980 Michigan — Freedom of Information Act 442 of 1976 (MCL 15.231) ((rnxubm5flbubay Single Audit Act of 1984 (with amendments in 1996) tarr:liwww.whiiehouse..vviombilinarxialifm_single_audithtml Federal Office of Management and Budget (OMB) Circular No. 4-21, A-87 1 A-102, A-1113, A-122 and A-133 httriw\Nw..whitehottse.goviumb/circulars/indexlitmi Executive Order 12372 - Intergovernmental review of Federal programs ht1p://www.tivs.gov(policy/librarylizeo12372.pdf Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) 1ttp://www.access,gao.v_Wharalc1riwaisidx_01/28cfr18_01.html Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http:fiwyvyi,.access.gpo.gpvinaraicfrAvaisidx 04128cfr22 0_4.html Criminal Intelligence Systems Operating Policies (28 CFR, Part 23) ht-twww.access.gpozwinaraicfrtwaisidx_04/28cfr23 04.htnit Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http:liwww.access..po.gov.'narecfr/waisidx_011.28cfr30_01,html 6/29/2009 Page 3 of 4 Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) http://www.accesszpo ,govinarecfriwaisidx 01/28cfr35 01.html Equal Treatment for Faith Based Organizations (28 CFR Part 38) littp:/(www.usdoj :govlovwidocsiasgmernorcimplementationof28cfrpart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) htcp:ilww‘N..access.gpo.gov,inara/cfriwaisidx_01/28cfr42_01.html Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) 111-,p ://www. access. go.govinaraicfr/wais ith_01128cfr61_01.;rim I Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) http://www ,accesszpo.govinaralcfrAvaisidx_01 ,28cfr63_0: Title 2 — Grants and Agreements — Award Term ( 2CFR Part 175.15) http_:,leiiockei.access.grioovicir_20081janqtripdfi2cfrl 75.1 5.F.df National Historic Preservation Act of 1966 (16 U.S.C. 470) http:ifwww.npa.govihistoryilocal-lawinhpa1966.htm Executive Order 11593 — Protection and enhancement of the cultural environment http**.yey,gs.azuvtPortaligs.olepZcontentView.do ?contentType—GSA BAS.1C&contentld-12094 Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469) http://www.nps.goviiiistutyllocal-law/FliPL_ArchHistPres.pcif The National Filvironmental Policy Act of 1969 (42 U.S.C. 4321) 114p;./Pwww.nepa,govinepairezsititpainepaeclia.htm Omnibus Crime Control and Safe Streets Act of 1968 lutp:;iwww.usd_olgovicrt".splitA2usc378941nm Victims of Crime Act (42 USC Section 10604) http://wAy:,usdd,gov!crileor/bvagencyldoj10604.htm Juvenile Justice and Delinquency Prevention Act littpliejjcip.ncjaorgiabont.ajdpit2002titley:pdf Federal Civil Rights Act of 1964 lutrilwww,usdpi.govicrticor/inclex.htm The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) littriwww.dol.govfoasamtregsIsiatutes/sec504.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Section 12131-34) http://www.adasoviptthslada.htm The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) tp://w ww doj gov/cr/cor/çoordtitleiiiaI.iini Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 http://www.dol.gov!oasam/regs/statutesizise act.him Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations hrtp:/,'www.whitehouse.g,ov/newsireleases12002/121:20021212-6.1m1 U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 http;//www.fhwa.dot.g,ovIrealestatelaet.htm 6/29/2009 Page 4 of 4 Federal Hatch Act - Political Activity of Certain State and Local Employees littp:liwww.psc.govihatchact.hnn Restrictions on Lobbying (28 CFR part 69) Inv://www.access..gpo.uvinaralefilwaisidx_04128cEr69 04.html Executive Order 12549 — Debarment and Suspension httpilyvww.archives.govffedcral -register/codificationtexecu1ive -order/12549.1=1 Government -Wide Debarment and Suspension (28 CFR, Part 67) w .access g.po.go yin arai c fr/vva is dx_04/28c1r67_041=1 Drug-Free Workplace Act of 1988 http://frweboate.access.gpo.govicd-binigetdoc.cgi ?dbriarnebrowse uscitdocid—C ite: +4 I USC7O1 Gala V. Piir Grants Compliance and Programs Coordinal.or Oakland County Fiscal 5ervices Division Phone (248) 85E1-1037 Fax (248) 858-9724 piirg@aak9OV COM 6/29/2009 State of Michigan EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AGREEMENT FOR FY 2009 October 1. 2008 through September 30, 2009 CFDA # 97.042 This Emergency Management Performance Grant (EMPG) Agreement is hereby entered into between the Michigan Department of State Police. Emergency Management and Homeland Security Division, hereinafter called the Subgrantor. and OAKLAND COUNTY PerallONSE-8,-14R412A.REV4ES4 hereinafter called t.ne Subgrantee. I. Purpose The purpose of this Grant Agreement is to provide federal Emergency Management Performance Grant (EMPG) funds to the Subgrantee for the development and maintenance of an emergency management program capable of protecting life, property. and vital infrastructure in times of disaster or emergency. Objectives The principal objective of this Grant Agreement is to provide financial assistance for the development anc mairiteriaiiiee u1 ri effeUive. integrated emergency maniyeru i iit ui yanizdtion in the Subgrantees political jurisdiction so that the Subgrantee can: A. Achieve and maintain effective operational capabiAies based on the ability to recruit, develop, anc retain the necessary personnel to ensure wail-trained, experieileed pi uIioiil iJSyCcialists for key positions. B. Plan, train. exercise, and evaluate capabilities to ensure adequate response to all-hazards emergencies. C. Support federal and state efforts to protect lives and prevent the loss of property from all hazards, reduce human suffering and enhance recovery of communities after a disaster strikes or an act of terrorism occurs, and ensure the public is serveo in a timely and efficient manner. D. Develop and maintain hazard identification and esk reduction through mitigation actvities, III. Statutory Authority Funding far the Fiscal Year ;FY) 2009 Emergency Management Performance Grant (EMPG) is authonzec by the Consolidated Security, Disaster Assistance. and Continuing Appropriations Act 2009 (Public Law 110-329). The Subgrantee agrees to comply with all EMPG program requirements in accordance with the Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended, located at http .//m/w.m.ichigan.govidocumentsimspemd-Act_390eof_1976_7125_7.pdf and the Robert T Stafford D,saster Relief and Emergency Assistance Act, as amended, located at http://www.fema goviabouestafact. shtm The Subgrantee also agrees to comply with tne following regulatons Page of 8 FY 2009 EMFG Agreement Between the Stale of Michigan and OAKLAND COUNTY A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, located at http://ecfnigpoaccess7govicgi/titext.itext- idx7c=ocfr&tol=fecfrbrowseiTitle44/44cfrl3_main_02.tpl) 2. 2 CFR Part 215. Institutions of Higher Learning, Hospitals, and Other Nan-Profit Organizations (OMB Circular A-110), located at httpilleofr.gpeaccess.govicgi/t/text/text- idOc=ecfr&sid=5f90b818356757091bb65ea93f163c6a&tpl=iecfrbrowseiTitle02/2cfr215_main _02.tpl B. Cost principals 1. 2 CFR Part 225, Cost Principals for State, Local, and Indian Tribal Governments (OMB Circular A-87) located at http://ecfr.gpoaccess.govicgi/t/textitext- id.x7c=ecfr&tpl=iecfrbrowse/Title02/2cfr225_main_02.tpl 2. 2 CFR Part 220, Cost Principals for Educational institutions (OMB Circular A-21) located at hittpillecfr.gpoaccess,gov/ogi/t/textitext- idx?c=ecfr&rgn=div5&view=text&node=2:1.1.2.3.4&idno=2 3 2 CFR Part 230. Cost Principals for Non-Profit Organizations (OMB Circular A-122) located at http://eLifi.gpoauc-essTgovicgi/t/taxt/text- idx?c,--ecfr&tp1=/ecfrbrowse/Title02/2cfr230_main_02.tpl C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whitehouse.gov/ombicirculars/a133/a133.html IV. Emergency Management Performance Grant Award Amount, Requirements and Restrictions For FY 2009. the total EMPG award for the Subgrantee is $37,821.00 The Subgrantor determined the Subgrantee s EMPG allocation as 36.63489% of the Subgriint eine' yth icy program manager's salary and fringe benefits, Because it is dependent upon the level of federal funding for the EMPG program, the award may be reduced if the level of federal funding is decreased. The subgrantee may receive less tnan the allocated amount if the subgrantee's cost share of wages and fringe benefits paid to the program manager are less than the total allocation. The Subgrantee's EMPG program budget documented on tne Local Budget for Emergency Management Performance Grant (form EMD-17), is incorporated into this Grant Agreement as Attachment A. This Grant Agreement designates EMFG funds for the administration and oversight of an approved emergency management program. The Subgrantee may utilize grant funds for the reimbursement of salary, overtime, compensatory time off, and associated fringe benefits for the program manager. No other expenditures are alrowed, Grant Agreement funds snail not be used for other purposes. The funds awarded in the Grant Agreement shah i only be used to cover allowable costs that are incurred during the agreement period. Federal funds cannot exceed 50% of eligible costs of the program manager s salary and fringe benefits. This award is contingent upon the Subgrantee's expenditae of at least 50% of the costs of the emergency management program, from non-federal sources. For further information on aliowable local match sources and types of funds, see FEMA's codified regulations, 44 CFR. FEMA administers cost sharing requirements in accordance witn 44 CFR 13.24 which is located at httpliwww.access gpo govinara/cfriwaisidx_07/44cfrv1_07.htrn1 Unauthorized program expenditures include, but are not limited to, the foilowingi A. Construction and renovation B. Hiring of Public Safety Personnel Page 2 of 8 FY 2009 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY Subgrantee agrees to demonstrate that at least 40% of work accomplished is attributable to the planning activities including, but not limited to, those .sted below: A. Disaster housing planning B Planning for NIMS implementation C. Modifying existing incident management and emergency operations plans to ensure proper alignment with the NIMS and NRF coordinating structures, processes, and protocols D. Developing/enhancing comprehensive emergency management plans E. Conducting a nazarc# analysis and risk assessment prior to mitigation plan development F Developing/enhancing all-hazards mitigation pans G Developing/enhancing catastrophic incident nlans H. Developing/enhancing COOP/COG plans I. Developing/enhancing logistics and resource management plans J. Developing/enhancing evacuation plans, including alerts/warning crisis communications, sheltering, and re-entry K. Developing/enhancing mass casualty and mass fatality plans L. Developingteeliaimaing-firrancial and administrative procedures for use oefore, during, and after disaster events in support of a comprehensive emergency management program M. Public education and awareness N. Updating the State and/cr Urban Area Homeland Security Strategy to address all nazards 0. Developing/enhancing other response and recovery plans P. Developing/enhancing emergency management and operations plans to integrate citizen/volunteer and other non-governmental organization resources and participation Q. Conducting program evaluations Signature on the grant agreement acknowledges that this threshold has been met. V. Supplanting This Grant Agreement designates EMPG funds for reimbursement of authorized costs. These funds shall not be used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the Grant Agreement period. The funds must supplement, not supplant, state or local funds. Federal funds will only be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose Potential supplanting will be carefully reviewed in the application review, in suosequent monitoring, and in the audit. 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 reauction in non-federal funds or solve budget shortfalls in general tuna programs. VI. Responsibilities of the Sul:grantee The Subgrantee agrees to complete quarterly work activities Identified in its Emergency Management Work Agreement (EMD-31). That report is incorporated into this Grant Agreement as Attachment B. The Subgrantee also agrees to comply with all applicable feeeral and state regulations, soeeifical ,y including the foliowing - A Enact enaoling legislation estaolishing the local emergency management program and ensure a copy of the icoal resolution or ordinance is on file witn the Subgrantor, B. Appoint an emergency management program manager weo is able to assume responsibility for the following functions, either personally or through officers - . Development and maintenance of programs and systems for effective coordination of community resources in al[ chases of emergency management, mitigation, Preparedness. response and recovery. 2. Planning and preparation for popuation protection, including evacuation. shelter/reception, logistics and resource management. Ensure tnat ExecAve Order #13347 entitlen "Individuals with Disabilities in Emergency Pi -eparecness is being addressed. Further Page 3 of 8 FY 2009 EMPG Agreemei-e, Between the State of Michigan and OAKLAND COUNTY information can be found at the Disability and Emergency Preparedness Resource Center at www,disabilitypreparedness.gov . 3. Planning and preparation for its appropriate role in response to natural and man-made emergencies and disasters. 4. Exercising the emergency operations plan of the jurisciction. 5. Emergency management :raining. 6. Response and recovery from natural and manmade hazards, homeland security related incidents, and other emergencies that may threaten the safety and well-being of citizens and communities. 7. Promoting public awareness of hazards and encouraging family and individual preparedness. 8. Identifying and implementing measures to mitigate the negative impact of disasters and emergencies. 9. Assure full NIMS compliance as detailed in state guidance by the end of FY 2009 NIMS information is available at http://wvvw.fema.goviemergencyinims . 10. identify needs and priorities for strengthening capaoilities, while simultaneously addressing issues of elate and eational concern as identified both in the National Priorities and the Targeted Capabilities. C. Provide Subgrantor with complete job description for the feeerally funded EIV1PG program manager. including non-EMPG duties. D. Notify the Subgrantor immediately of any changes in the EMPG funded program manager's position. E. Submit this signed annual EMPG agreement, including all attachments, to Subgrantor. F. Satisfactorily complete all work activities identified in the Emergency Management Work Agreement (EMD-31) as scheduled. G. Submit an updated Exercise PI .df I dl id tail eplete annual exercise activities as specified in the Subgrantee's emergency management annual work agreement. H. Ensure the EMPG funded program manager completes specific training classes as requireo by the Annual Work Agreement for FY 2009. I Have on file with the EMD District Coordinator an approved and current emergency operations plan. J Account for receipts and expenditures, maintain adequate financial records. and refund expenditures disallowed by federal or state audit. K Submit the appropriate forms for reimbursement of eligible expenses to tne appropriate District Coordinator on a quarterly basis. L Retain all financial records, supporting documents. statistical records, and all other records pertinent to the EMPG program for at least three years after the Subgrantee's final grant report, for purposes of federal or state examination and audit. EMD will review paperwork at the local jurisdiction curing all audits (2006 and forward) to determine if NIMS implementation has taken place. M. Perform the required financial and compliance audits in accordance with the U.S. General Accountability Office. Government Auditing Standards, located at hap iiiwvvw.gao.gov/govaucliynk01.htm, and OMB Circular A-133, located at httpillwvvw.whitehouse.gov/ombicirculars/a1331a133.html . If an audit is required, submit a copy of the annual audit report to the Budget and F nancial Services Division, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823. N. "In addition to tills [insert grant name and year] Grant Agreement. Subgrantees shail 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: Debarment, Suspension and Other Responsibility Matters. and Drug-Free Workplace Requirement 3. State of Michigan Audit Certification Form (EM 0-053) 4 W-9 Request for Taxpayer Identification Number and Certification 5. Other documents that may be required by federal or state officials 0. Comply with the Buy American Act (4 -. U.S.0 10a). Grants authorized under the Stafford Act. inducing EMPG, must follow the standards of the Buy American Act. This Act requires that all Page 4 of 8 FY 2009 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY materials purchased be produced in the United States : unless such materials are not available, or such a purchase would not be in the public interest. VII. Responsibilities of the Subgrantor The Subgrantor. in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the EMPG program in accoraance with the State of Michigan Administrative Plan for the EMPG program and all applicable federal and state regulations and guidelines. 3. Reimburse the Subgrantee in accordance wite this Grant Agreement in an amount not to exceed 50% of allowable expenditures up to the Subgrantee's total EMPG award based upon appropriate reports, records, and documentation submitted by the Subgrantee. Quarterly reimbursements will be cetermined by the amount of the program managers salary and fringe benefits submittec, C. Provide direction. training, anti technical assistance to the Subgrantee. D. Provide any special report forms and reporting formats to the Subgrantee for operation of the program, VIII. Payment and Reporting Procedures A. The Subgrantee agrees to prepare the Quarterly Billing Form EMD-007) and submit it with supporting documentation, including all required authorized signatures and required .-eirnbursement documentation to the appropriate District Coordinator no later than 20 days following the end of each quarter. The EMD-007 form must be used or the reimbursement -equest will not be processed. B. If the Subgrantee submits an incemplete or late quarterly billing report to the District Coordinator, the bil:ing may not be processed until the following quarter. C. The SuPgrantee agrees to prepare Emergency Management Quarterly Reports (EMD-31) and submit them to the appropriate District Coordinator no later than 20 days following the end of each quarter. Reimbursement of expenditures by the Subgrantor is contingent upon the Subgrarrtee's eompletion of scheduled work activities. D. If the Subgrantee fais to complete the scheduled work activities during a quarter. the Subgrantor wiil withhold reimbursement until either the work is completed or the Deputy State Director of Emergency Management and homeland Security approves a delay in the completion of tie activity. If scheduled work activities are not completed by the end of the fiscal year (September 30, 2009), any balance of the EMPG award may be forfeited. E. A Subgrantee that fails to complete the annua exercise requirement as scheauled within FY 2009 may be ineligible for EMPG funcing for tnat quarter and all remaining quarters of FY 2009, and all subseeuent quarters untii the quarter when the qualifying exercise is complete°. F The Subgrantee is responsible for providing updated obligation and expenditure information on a regular basis through BSIR (Biannual Strategy Implementation Reports). The BSIR is due within 20 days after the end of the reportmg period (July 20 with a reporting period of January 1 through June 30. and on January 20 with a reporting period of July 1 through December 31). Future awards and fund drawciowns may be withheld if these reports are delinquent. The final BSIR :s due 120 days after the end date of the award period G. The Subgrantee agrees to return to the Subgrantor any unobligated balance of funds held by the Subgrantee at tile elid uf the dyeerrIeFlt period or handle them in accordance with the instructions provideo by the Subgrantor H. Federal Funding Accountability and Transparency Act. While there are no State and Urban Area requirements in FY 2008. the Federal Funding Accountability and 7ransparency Act of 2006 may affect State and Urban Area reporting requirements in future years. The Act requires the Federal government to create a publicly searchable online database of Federal grant recipients by January 1. 2008 with an expansion to incluee sub-grantee information by January 1, 2009. Page 5 of 8 FY 2009 EMPG Agreement Between the State of Michigan and OAKLAND COUNTv 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 Person's with Disabilities Civil Rignts 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 employment, to be employed in the performance of this Grant Agreement, with respect to his or her hire, tenure, terms, conditions, or privieges of employment, or any matter directly or indirect.y related to employment, because of his or her race, religion : color, national origin, age, sex, height, weight, marital status, limited English proficiency (LEP). or handicap that is unrelated to tie individual's ability to perform the duties of a particular jou or position. Subgrantees are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language guidance fu l yrulitee k ielp them comply with Title VI requirements_ For addlional information, please see http://www ,lep.gov. 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 coverant is a material breach of tnis Grant Agreement. Subgrantee shall ensure that no subcontractor, manufacturer or supplier of the Subgrantee for this Program appears in the register compiled by the Michigan Department of 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 Contracts with Certain Employers Prohibited Act). If the name of one of the above appears on this listing, you may not use them for the grant. 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 inoemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. Xl. Redistribution Prohibition A grant awarded under this Grant Agreement shall be used by the Subgrantee and shall not be redistributed by the Subgrantee to any other entity unless specifically provided for in the Grant Agreement XII. 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. XIII. Freedom of Information Act (FOIA) 1E111196- P----yoni Subgrantor and Subgrantee fY34 1-1-CJGP information constitutes records subject to the Michigan Freedom of Information Act (FOIA). MCL 15.231 et seq. However, section 13(1)(c) and (y). MCL 15.243(I)(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a nublic body's "security measures. including security plans, security cud e aiid eon ibinetions, passwords, passes. keys, anc security procedures, to the extent tnat the records relate to tne ongoing security of the public body:" and 'of measures designed to protect the security or safety of persons or property, wnether pub.lc or private. including, out not limited to, building, public works, ands public water supply designs to the extent that those designs relate to tie ongoing security measures of a public body. capabilities and plans for responding to a violation of the Michigan anti-terrorism act,,.,emergency response plans, risk planning aocumerts threat assessments, and domestic preparedriebs bit teg ies. unless disclosure would not mpair a public Page 6 of 8 FY 2009 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY body's ability to protect the security or safety of persons or properly 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 cf 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 ciscussione ol deniogiaphics, transportation, public works, and industrial and public health infrastructures. Therefore, each sub-grantee agency Freedom of Information Officer will need to determine what information s to be withheld on a case-by-case basis As a condition of this grant, before releasing any records, subgrantee agrees to provide to the Department of State Police Emergency Management and Homeland Security, attention Public Information Officer, copies of all FOIA requests relating to the EMPG application or its administration. XIV. Agreement Period This Grant Agreement is in full force and effect from October 1, 2008, through September 30, 2009. This Grant Agreement consists of two identical sets that may oe simultaneously executed, each of which shall be deemed to be an original having identical legal effect. No costs eligible under this Grant Agreement shall be incurred before October 1, 2008. This Grant Agreement may be terminated Py 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. XV. 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, imbued or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amenaed except by written instrument executed by both parties prior to the termination date set forth in Paragraph XIV above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rignts, interest, or obligations hereunder without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediate:y of any proposed changes of dates, budget. or servlces indicated in this Grant Agreement. as well as changes of address or personnel affecting this Grant Agreement Changes in dates ; budget. or servsces 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. XVI. Business Integrity Clause The Subgrantor may immediately cancel the grant without further liabi:ity to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or ar owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to tne 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 conauct standards for State of Michigan employees: convicted under State or Federal antitrust staLites or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on tne Subgrantee's business integrity. Page 7 of B Printed Name Title Commissioners W Thomas Sands, Captain Printed Name Deputy State Director of Emergency Management and Homeland Security Title FY 2009 EMPG Agreement Between the State of Michigan am OAKLAND COUNTY XVII. Official Certification The individual or officer signing this Grant Agreement certifies by his or her signature that he or she is authorized to sign this Grant Agreement on behalf of the responsible governing board, official. or agency. Subgrantee further certifies that neither it nor its principals are presently debarred. suspended, proposed for debarment. declared ineligible, 07 voluntarily excluded frcm participation in tnis grant by any federal department or agency. If Subgrantee is unable to certify to any portion of this statement. Suograntee shat attach to this Grant Agreement an explanation of the reason. For the Chief Elected Official: Bill Bullard, Jr. Chairman, Oakland County Board of Signature Date For the Local Emergency Program Manager: Theordore H. Quisenberry Manager, Oakland County Homeland Printed Name Signature Date For the Subgrantor: Ttle Security Division #`2‘4/-Atik il3 (tc3z Signature Date Page 8 of 8 . r FISCAL NOTE (MISC. 109164) August 12, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2009 ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson. Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolutions and finds: 1. Oakland County has been awarded grant funding by the State of Michigan in the amount of $37,821 for the period of October 1. 2008 through September 30, 2009, for the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, arid organizations by the State and local governments. 2. This is the 37th year of grant acceptance for this program. The FY 2009 total EMPG award funds a portion of salary and fringe benefits of the Homeland Security Manager's salary and fringe benefits, (position #09864). 3. The grant agreement has been processed through the County Executive Contract Review Process, and the Board of Commissioner's Grant Acceptance Procedures, subject to ratification by the Oakland County Board of Commissioners. 4. No County General Fund/General Purpose dollars are required for match. 5. Revenue from this agreement has been included in the Fiscal Year 2009 Adopted Budget as General-Purpose revenue and no budget amendment is recommended. Fl CE COMMITTEE / 11 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Gingell absent. Resolution #09164 August 12, 2009 Moved by Middleton supported by Schwartz the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying ipoils being accepted). AYES: Burns, Coleman, Coulter, Douglas. Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash. Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). / S 7 I IRBY APPROVE rfiE FORE 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 August 12, 2009, 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 12th day of August, 2009. Gait Ruth Johnson, County Clerk