HomeMy WebLinkAboutResolutions - 2009.11.12 - 9891MISCELLANEOUS RESOLUTION 109263 November 12, 2009
By: General Government Committee, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - ACCEPTANCE
FOR 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM-REGIONAL
FIDUCIARY
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS funding was released from the United States Department of
Homeland Security, Federal Emergency Management Agency (FEMA) and the DHS
Office of Emergency Communications (OEC) to the State of Michigan for the
2008 Interoperable Emergency Communications Grant Program (IECGP); and
WHEREAS the State has awarded a 2008 IECGP grant to Region 2 in the
State which includes, but is not limited to the following political
subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne Counties for the purposes of Homeland Security; and
WHEREAS the Michigan Homeland Protection Board continues to support
Regional Homeland Security Planning Boards to identify and prioritize how
regionally awarded grant funds will be used; and
WHEREAS the Regional Homeland Security Planning Board for Region 2
("Region 2 Planning Board") is comprised of the representatives from the
above-listed political subdivisions; and
WHEREAS the Region 2 Homeland Security Board is not a legal entity that
can manage and distribute the grant funds and has selected Oakland County to
serve as fiduciary and subgrantee for the 2008 Interoperable Emergency
Communications Grant Program; and
WHEREAS the region's Interoperable Emergency Communications Grant
Program award is $361,071.12 to be used to fund projects that strengthen
interoperable communications capabilities in the areas of Leadership and
Governance, Common Planning and Operational Protocols, and Emergency
Responder Skills and Capabilities; and
WHEREAS the grant agreement has been reviewed and approved through the
County Executive contract review process; and
WHEREAS Oakland County Corporation Counsel has developed the attached
Interlocal agreement and exhibits to be used for the 2008 Interoperable
Emergency Communications Grant Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the position of Fiduciary and Subgrantee for the 2008
Interoperable Emergency Communications Grant and accepts the grant funds in
an amount up to $361,071.12 with no county match or in-kind contribution
required.
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 located in Region 2 of the
State.
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.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
Page 1 of 4
Brandon Lewis
From: Piir, Gaia [piirg@oakgov,c,orn]
Sent: Wednesday, October 21, 2009 12:16 PM
To: 'Lewis, Brandon'; 'Quisenberry, Theodore H.'; 'Novak, Gail'; 'Pearson, Linda'
Cc: 'Hall, Jody'
Subject: Grant Sign Off: Homeland Security - 2008 Interoperable Emergency Communications Grant
Program (IECGP) - Grant Acceptance
Please Note: Jody Hall, Corporation Counsel, has been in contact with the State regarding the
necessary changes to the contract cited below.
GRANT REVIEW SIGN OFF — Homeland Security
GRANT NAME: 2008 Interoperable Emergency Communications Grant Program (IECGP)
FUNDING AGENCY: State of Michigan-Department of State Police/Federal Emergency Management Agency
DEPARTMENT CONTACT PERSON: Brandon Lewis 8-1598
STATUS: Grant Acceptance
DATE: October 21, 2009
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners'
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 (9/23/2009)
Department of Human Resources:
Approved. - Cathy Shallal (9/23/2009)
Risk Management and Safety:
Approved. - Andrea Plotkowski (9/23/2009)
Corporation Counsel:
After reviewing the above-referenced grant agreement, I have two comments.
First, the second paragraph of Section II ("Objectives") states that "Nile subgrantee will address objectives in
either Priority Group #1 or Priority Group #2, based on the most critical needs consistent with Statewide
Communication Interoperability Plan goals." However, the Region 2 Homeland Security Planning Board will be
making these decisions not the County/Subgrantee. Thus, I would like this sentence to read....."Grant Agreement
Funds will be used to address
Second, Section V.J. 4. contains the requirements for the County to follow FOIA. However, at the end of this
subparagraph there is a very important "Note." This note relates to the County's liability. I would like this note
to be a separate subparagraph in Section V. - Jody S. Hall (10/12/2009)
Page 3 of 4
Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30)
httn://www.access.gpo.gov/nara/cfr/waisidx_01/28cfr30_01.html
Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35)
htvilwww.access_gpo,govinaraicfr7waisidx_01/28cfr35_01.html
Equal Treatment for Faith Based Organizations (28 CFR Part 38)
http://www.usdoj lowovw/docs/asttmemoreimplementationof28cfrpart38.pdf
Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42)
http://www.access.gpo.govinaraicfriwaisidx_01/28cfr42_0 ihtml
Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61)
http://www.access.gRo.frov1naraicfriwaisidx_01/28cfr61_01.htm1
Floodplain Management and Wetland Protection Procedures (28 CFR Part 63)
http://www.access.gpo.govinara/cfrlwaisidx_01.'28cfr63_01.html
National Historic Preservation Act of 1966 (16 U.S.C. 470)
ht-tp://vs:ww. nps .gov!history/local-lawinhpa1966.htm
Executive Order 11593— Protection and enhancement of the cultural environment
http/www.gsa.goviPortallgsa/epicontentView.do?contentType=GSA BASIC8ccontentId=12094
Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469)
http://www.hps.govihistoryilocal-law/FHPL_ArchHistPres.pdf
The National Environmental Policy Act of 1969 (42 U.S.C. 4321)
http://www ,ne_pa.2ovinepairegs/rtepainepaegja.htrn
Omnibus Crime Control and Safe Streets Act of 1968
http://wvinv.usdoj.govicrtisp1it/42usc3789d.htm
Victims of Crime Act (42 USC Section 10604)
http://www.usdoj.govicrticoribvag_ency/doj10604.htm
Juvenile Justice and Delinquency Prevention Act
http://piklp.nejfs.or,glaboutijjdpa2002titlev.pdf
Federal Civil Rights Act of 1964
http://wvrw.usdoj.govicrticorlindex.htm
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
http://www. doLgovioasam /re gsistatatesisec 504.htm
The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101)
http:/.'www.adazov/pubsiada.htm
The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86)
http://www.usdoigovicrticorlcoordititleixstat.htm
Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107
http://www.dol.00vioasam•revistatutesiage_act.htm
Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations
http://www.whitehouse.govinewslreleases/2002/12/20021212-6.html
U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
hap //www. fhwa.d ot. govirealestateact.htm
•
State of Michigan
2008 Interoperable Emergency Communications Grant
Program
Grant Agreement
September 1, 2008 to August 31, 2010
CFDA Number: 97-001
This Interoperable Emergency Communications Grant Program (IECGP) Grant Agreement is hereby entered into
between the Michigan Department of State Police, Emergency Management and Homeland Security Division
(hereinafter called the Subgrantor), and
COUNTY OF OAKLAND
(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 through the Subgrantee (which has been voted and approved to act as the fiduciary agent for the
Board for the 2008 HSGP) for the purposes of improving local, tribal, regional, statewide, and national interoperable
communications. This includes communications in collective response to natural disasters, acts of terrorism, and
other man-made disasters.
Objectives
The principal objective of this Grant Agreement is to provide financial assistance to the Region 2 Homeland
Security Planning Board for allowable costs supporting the two Federal Integrated Emergency Communications
Grant Program funding priorities:
• Priority Group #1: Leadership & Governance;
• Priority Group #2: Common Planning and Operational Protocols, and Emergency Responder Skills and
Capabilities.
The subgrantee will address objectives in either Priority Group #1 or Priority Group #2, based on the most critical
needs consistent with Statewide Communication lnteroperability Plan goals.
Within Priority Group #1 funding may be used to establish formal interoperable emergency communications
governance structures. Within Priority Group #2 funding may be used either to establish common planning and
operational protocols, or to enhance emergency responder skills and capabilities through training and exercises.
For priorities groups and specific priorities, please refer to the 2008 IECGP Guidance, located at
http://www.fema.gov/pdf/governmentlgranthecgp/fy08_iecgp_program.pdf.
Statutory Authority
Funding for the 2008 IECGP is authorized by the Consoiidated Appropriations Act, 2008 (P.L. No. 110-161). The
Subgrantee agrees to comply with all program requirements in accordance with the IECGP Guidance, Office of
Management and Budget Circulars A-87, A-102, and A-133 as revised, located at
http://www.whitehouse.goviomb/circulars/index.html, the U.S. General Accounting Office Government Auditing
Standards, located at http://www.gao.gov/govaud/ybk01.htm, 44 CFR Part 13, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments, located at
http://www.access.gpo.govinara/cfr/waisidx_05/44cfrv1_05.html, the Administrative Guide to State Government,
located at http://www.michigan.govidmb/0,1607,7-150-9131_9347---,00.html, the State of Michigan Financial
Management Guide (FMG), located at http://www.michigan.gov/budget/0,1607,7-157-13404_27707-99757--
,00.html, and all applicable federal and state laws and regulations.
2008 lnteroperable Emergency Communications Grant Agreement
County of Oakland
Page 2 of 10
IV. Interoperable Emergency Communications Grant Program Award Amount and Restrictions
The COUNTY OF OAKLAND, as the Fiduciary Agent for Region 2, is awarded $361,071.12 under the FY 2008 IECGP.
This Grant Agreement designates IECGP funds for reimbursement of authorized costs. Grant Agreement funds
shall not be used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover
allowable costs that are incurred during the FY 2008 IECGP Grant Agreement period.
Final determination on how funds awarded by this grant agreement will be spent will be determined
through a review process by the State Administrative Agency (SAA) of projects submitted by the Region 2
Homeland Security Planning Board, not by the Sub grantee (Fiduciary agent).
V. Responsibilities of the Subgrantee
FY 2008 IECGP funds must supplement, not supplant, state or local funds. Federal funds will be used to
supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose.
Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit.
The Subgrantee may be required to supply documentation certifying that it 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 Planning
Board. As the designated Fiduciary Agent of Region 2, the Subgrantee agrees to follow all responsibilities in
Section V of this grant agreement. If the Subgrantee becomes unable to fulfill the responsibilities of Section V,
refer to Section XIII for instructions on how to terminate this agreement. The Subgrantee agrees to comply with all
applicable federal and state regulations, including the following:
A. In addition to this 2008 Interoperable Emergency Communications Grant Agreement, Subgrantees
shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by
reference into this Grant Agreement:
1. Standard Assurances
2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters;
and Drug-Free Workplace Requirement
3. Audit Certification Form (EMD-053)
4. W-9 Taxpayer Identification Form
5. Other documents that may be required by federal or state officials.
B. The 2008 Interoperable Emergency Communications Grant covers eligible costs from September
1, 2008 until August 31, 2010. For a detailed list of what costs are eligible under this grant, please
refer to the Fiscal Year 2008 Interoperable Emergency Communications Grant Program Guidance,
located at http://www.fema.gov/pdf/government/grant/iecgp/fy08_iecgp_program.pdf . Allowable
costs are specifically addressed in Appendix D of the Guidance.
C. Make all purchases in accordance with grant guidance and local purchasing policies.
D. Submit an Allowable Cost Justification (ACJ) form for all costs that are part of approved projects
prior to the encumbering of the cost. If an ACJ in not submitted, the Subgrantee will be held
responsible for all costs determined to be ineligible by the Subgrantor or DHS.
E. At the end of the Fiscal Year, the Subgrantee must supply a document to the other local
government agencies reporting the dollar amount spent on their behalf; so the local government
agencies can submit the information on their Schedule of Expenditures of Federal Awards (SEFA)
report. NOTE: Copies of these documents must also be provided to the Michigan State Police,
2008 Interoperable Emergency Communications Grant Agreement
County of Oakland
Page 3 of 10
Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing,
Michigan 48910-5883
F. Submit the Reimbursement Cover Sheet (EMD-054) and all required attached documentation to
the Subgrantor at a minimum at the end of each quarter (or more frequently, as needed). 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 listed in Section VII of this
agreement. Reimbursement Cover Sheets must be filled out completely or they will be returned to
the Subgrantee for proper completion. The Reimbursement Cover Sheet (EMD-054) and other
reimbursement forms can be found on the Emergency Management and Homeland Security
Division (EMHSD) website at http://www.michigan.gov/msp/0,1607,7-123-1593_3507-113992--
,00.html.
G. Submit quarterly progress reports to the Subgrantor on the status of all approved projects. 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.
H. Submit updated project and allocation information on a regular basis through the Biannual Strategy
Implementation Reports (BSIR). The BSIR is due within 20 days after the end of the reporting
period. The due date for the BSIR is July 20, 2009. The reporting periods are from September 1
through February 28 and March 1 through August 31. The final BSIR is due within 90 days of the
end date of the 2008 Interoperable Emergency Communications Grant award period.
I. Comply with FY08 NIMS implementation requirements and move towards completion by
September 30, 2011. FY08 NIMS requirements must be fully complied with by September 30,
2011. NIMS information is available at http://www.fema.gov/emergency/nims.
J. Comply with applicable financial and administrative requirements set forth in the current edition of
CFR 44, Part 13 including the following provisions:
1. Account for receipts and expenditures, maintain adequate financial records, and refund
expenditures disallowed by federal or state audit.
2. Retain all financial records, supporting documents, statistical records, and all other records
pertinent to the 2008 IECGP 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 CFR 44, Part 13. Random audits
shall be performed to ensure compliance with applicable provisions.
4. Subgrantor and Subgrantee 2008 IECGP information constitutes records subject to the
Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section
13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA, permit the exemption from public
disclosure of the records of a public body's "security measures, including security plans,
security codes and combinations, passwords, passes, keys, and security procedures, to
the extent that the records relate to the ongoing security of the public body;" and "of
measures designed to protect the security or safety of persons or property, whether public
or private, including, but not limited to, building, public works, and public water supply
designs to the extent that those designs relate to the ongoing security measures of a public
body, capabilities and plans for responding to a violation of the Michigan anti-terrorism
act_ emergency response plans, risk planning documents, threat assessments, and
domestic preparedness strategies, unless disclosure would not impair a public body's
ability to protect the security or safety of persons or property or unless the public interest in
disclosure outweighs the public interest in nondisclosure in the particular instance."
2008 Interoperable Emergency Communications Grant Agreement
County of Oakland
Page 4 of 10
Much of the information submitted in the course of applying for funding under this program,
or provided in the course of grant management activities, may be considered law
enforcement sensitive or otherwise critical to national security interests. This may include
threat, risk, and needs assessment information; and discussions of demographics,
transportation, public works, and industrial and public health infrastructures. Therefore,
each Subgrantee agency Freedom of Information Officer will need to determine what
information is to be withheld on a case-by-case basis.
Note: The Subgrantee will only be held responsible for expenditures disallowed by federal
or state audit that are determined to be caused by the negligence of the Subgrantee or by
the Subgrantee not complying with the responsibilities of Section V.
K. Integrate individuals with disabilities into emergency planning, Executive Order 13347.
L. Environmental and Historic Preservation Program (EHP): Federal environmental and historic
preservation laws and Executive Orders provide the basis and direction for the implementation of
federal environmental and historic preservation review requirements for FEMA-funded projects.
These laws and executive orders are aimed at protecting our nation's water, air, coastal, wildlife,
land, agricultural, historical and cultural resources, as well as minimizing potential adverse effects
to children, low-income and minority populations. Failure to comply with these laws could result in
project delays and denial of funding. FEMA through the Environmental and Historic Preservation
Program engages in a review process to ensure that FEMA funded activities comply with these
laws.
VI. Responsibilities of Subgrantor
The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will:
A. Administer the FY08 I ECGP in accordance with all applicable federal and state regulations and
guidelines and provide quarterly reports documenting this administration.
B. Provide direction and technical assistance to the Subgrantee.
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 the 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 FY08 IECGP 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 permits the exemption from public disclosure of the records of a
public body's "security measures, including security plans, security codes and combinations,
passwords, passes, keys, and security procedures, to the extent that the records relate to the
ongoing security of the public body;" and "of measures designed to protect the security or safety of
persons or property, whether public or private, including, but not limited to, building, public works,
and public water supply designs to the extent that those designs relate to the ongoing security
measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-
terrorism act,. emergency response plans, risk planning documents, threat assessments, and
domestic preparedness strategies, unless disclosure would not impair a public body's ability to
2008 lnteroperable Emergency Communications Grant Agreement
County of Oakland
Page 5 of 10
protect the security or safety of persons or property or unless the public interest in disclosure
outweighs the public interest in nondisclosure in the particular instance."
Much of the information submitted in the course of applying for funding under this program, or
provided in the course of grant management activities, may be considered law enforcement
sensitive or otherwise critical to national security interests. This may include threat, risk, and needs
assessment information; and discussions of demographics, transportation, public works, and
industrial and public health infrastructures. Therefore, each Subgrantee 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 at a minimum at the end of each quarter
(or more frequently, as needed) 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 grant project, solution area, allocation type, and individual 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
Subgrantor. Advances cannot be outstanding for more than 120 days; 4) Any interest earned over $100 must
promptly, but at least quarterly, be remitted to: MSP/EMHSD, Financial Section, 4000 Collins Road, Lansing, Ml
48910. The Subgrantee must also notify the Subgrantor in writing of any interest earned over $100 quarterly.
THE QUARTERS ARE AS FOLLOWS:
1 st Quarter: September 1, 2008 to December 31, 2008 (this quarter is 4 months long)
2'd Quarter: January 1, 2009 to March 31, 2009
3rd Quarter: April 1, 2009 to June 30, 2009
4th Quarter: July 1, 2009 to September 30, 2009
5th Quarter: October 1,2009 to December 31, 2009
6th Quarter: January 1,2010 to March 31, 2010
7th Quarter: April 1, 2010 to June 30, 2010
8th Quarter: July 1, 2010 to August 31, 2010 (this quarter is 2 months long)
DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE
AS FOLLOWS:
1 st Quarter: January 31, 2009- No Submittal Necessary
2nd Quarter: April 30, 2009 - No Submittal Necessary
3rd Quarter: July 31, 2009
2008 lnteroperable Emergency Communications Grant Agreement
County of Oakland
Page 6 of 10
4th Quarter: October 31, 2009
5th Quarter: January 31, 2010
6th Quarter: April 30, 2010
7th Quarter: July 31, 2010
8' Quarter: October 31, 2010
Reporting Requirements
The reporting requirements are designed to provide the EMHSD 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.
Sub-grantees are required to submit Quarterly Progress Reports by Project and supporting documentation for
expenditures in accordance with their project budget detail and project scope of work. Progress reports compare
actual expenditures to the project budget detail for the reporting period. Any significant cost deviations from the
approved budget detail and subsequent impact on the project, etc. shall be reported in the Narrative Progress
Report.
The Quarterly Progress Report must support the expenditures and financial activity in financial progress reports
and reimbursement requests. The information on this form will be used by the Subgrantor to monitor grantee cash
flow and encumbrances, grantee performance, and project implementation. Information on this form will also be
used to ensure proper use of federal funds by monitoring compliance as specified by the following regulations:
A. Administrative Requirements
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, located at
http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&tp1=/ecfrbrowserritle44/44cfr13_main_02.tpl)
2. 2 CFR Part 215, Institutions of Higher Learning, Hospitals, and Other Non-Profit
Organizations (OMB Circular A-110), located at http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&sid=5f90b818356757091bb65ea93f163c6a&tp1=/ecfrbrowse/Title02/2cfr215_ma
in_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.gov/cgi/t/text/text-
idx?c=ecfr&tp1=/ecfrbrowsefritle02/2cfr225_main_02.tpl
2. 2 CFR Part 220, Cost Principals for Educational Institutions (OMB Circular A-21) located at
http://ecfr.gpoaccess.gov/cgi/t/text/text-
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://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&tp1=/ecfrbrowseiTitle02/2cfr230_main_02.tpl
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations,
located at http://vvvvw.whitehouse.gov/omb/circulars/a133/a133.html
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 result in the
suspension of grant activities until reports are received.
2008 Interoperable Emergency Communications Grant Agreement
County of Oakland
Page 7 of 10
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 (MOU) with the Subgrantor for the Subgrantor to
pay other local jurisdictions within Homeland Security Region 2 directly in accordance with current DHS 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 Rights Act of 1964, as amended, the Elliott-Larsen Civil Rights
Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220,
as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to
be employed in the performance of this Grant Agreement, with respect to his or her hire, tenure, terms, conditions,
or privileges of employment; or any matter directly or indirectly related to employment because of his or her race,
religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is
unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantee agrees to
include in every subcontract entered into for the performance of this Grant Agreement this covenant not to
discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement.
The Subgrantee shall ensure that no subcontractor, manufacturer, or 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.
Xl. 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.
2008 Interoperable Emergency Communications Grant Agreement
County of Oakland
Page 8 of 10
XII. Grant Agreement Period
This Grant Agreement is in full force and effect from September 1, 2008 through August 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 XI above. No party to this
Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder
without the prior consent of the other party. 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 federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the sub-grant application.
• Failure to follow grant agreement requirements or special conditions.
• Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would
not have been approved for funding.
• Failure to submit required reports.
• Filing of a false 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 Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective
measures and will make every effort to resolve the problem informally.
XIV. Business Integrity Clause
The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the
Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of
a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or
convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee
to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust
statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the
Subgrantee's business integrity.
2008 Interoperable Emergency Communications Grant Agreement
County of Oakland
Page 9 of 10
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 in the grant application, needs
assessment and strategic planning process. The applicant may also consult the DHS Office of Grants and Training
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.
e1 .
Printed Name
et 11 V- eit ev
Title
gu2k
Signature Date
Capt. W. Thomas Sands
Printed Name
Deputy State Director of Emergency
Management and Homeland Security
Title
tV
Printed Name
Regional Board Chair
Title
Signature
2008 lnteroperable Emergency Communications Grant Agreement
County of Oakland
Page 10 of 10
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 he or she represents.
County of Oakland
Name of Jurisdiction
For the Subgrantor (Michigan State Police — Emergency Management and Homeland Security Division)
/ •
-J917e4F
Signa ire Date
For the Regional Board: The Regional Board Chair's signature appears on this grant agreement as a certification
that Region 2 Homeland Security Board has chosen the County of Oakland to serve as the fiduciary agent for the
2008 HSGP. This signature does not provide inclusion of the Regional Board Chair or the jurisdiction he or she
represents as part of the agreement between the Subgrantor and Subgrantee.
11 I
Date
2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM
INTEFtLOCAL 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
[Name 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 2008 Interoperable Emergency Communications 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 2008 Interoperable Emergency
Communications Grant Program by Region 2 Planning Board via a resolution dated August 19, 2009.
Oakland County accepted the position of Fiduciary and as a result entered into the 2008 Interoperable
Emergency Communications 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 nonpossessive,
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
Pagel
2008 Interoperable Emergency Communications Grant Program Funding Agreement — Draft
1.1.
3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement
between the Fiduciary and the State of Michigan.
3.2. The Fiduciary shall comply with all requirements set forth in the 2008 Interoperable
Emergency Communications 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 the 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.
Page 3
2008 Interoperable Emergency Communications Grant Program Funding Agreement — Draft
4.8. The Political Subdivision shall make the equipment available to the Fiduciary and State and
Federal Auditors upon request.
4.9. Prior to reimbursement for the purchase of services and/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 INTERLOCAL 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
Page 5
2008 Interoperable Emergency Communications Grant Program Funding Agreement — Draft
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.
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 Homeland Security Division, Manager, 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 AMENDMENTS. 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
Page 7
2008 Interoperabie Emergency Communications Grant Program Funding Agreement — Draft
TRANSFER OF OWNERSHIP AGREEMENT/EQUIPMENT RECEIPT AND ACCEPTANCE
FOR PURCHASES UNDER CFDA NUMBER 97.001
This Transfer of Ownership Agreement ("Ownership Agreement") is executed by and between the
County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("Fiduciary") and (Insert
name and address of Political Subdivision) ("Political Subdivision") on (insert date).
In consideration of the mutual promises, obligations, representations, and assurances in this Ownership
Agreement, the Fiduciary and Political Subdivision agree to the following terms and conditions:
1. Definitions.
1.1. Ownership Agreement means the terms and conditions of this Ownership Agreement 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.
1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.4. Equipment means the equipment purchased with Grant Program funds which is listed and
described in Section 2 of this Ownership Agreement.
1.5. 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.
1.6. 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.
1.7. 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.
1.8. Region 2 Homeland Security Planning Board ("Region 2 Planning Board") means 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.
2. Transfer of Title.
2.1. Pursuant to the 2008 Interoperable Emergency Communications Grant Program Interlocal
Funding Agreement, the Fiduciary purchased the following Equipment with 2008
Transfer of Ownership Agreement/Equipment Receipt and Acceptance — Draft
Page 1
5.4. The Political Subdivision shall list all Equipment transferred to it pursuant to this Ownership
Agreement on its Schedule of Expenditures of Federal Awards.
5.5. Except for Equipment that is disposable or expendable, the Political Subdivision shall inform
the Fiduciary if it plans to dispose of the Equipment and work with the Fiduciary regarding
any issues associated with disposal of the Equipment.
5.6. 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.
5.7. The Political Subdivision shall make the Equipment available to the Fiduciary and State and
Federal Auditors upon request.
6. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Ownership
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.
7. 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.
8. Permits and Licenses. Each Party shall be responsible for obtaining and maintaining, throughout
the term of this Ownership Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Ownership
Agreement.
9. Reservation of Rights. This Ownership 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.
10. Delegation/Subcontract/Assignment. Neither Party shall delegate, subcontract, and/or assign any
obligations or rights under this Ownership Agreement without the prior written consent of the other
Party.
11. 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 Ownership Agreement shall constitute a waiver of those
rights with regard to any existing or subsequent breach of this Ownership Agreement. No waiver of
any term, condition, or provision of this Ownership 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 Ownership Agreement. No waiver by either Party shall subsequently affect its
right to require strict performance of this Ownership Agreement.
12. Severability. If a court of competent jurisdiction finds a term, or condition, of this Ownership
Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this
Ownership Agreement. All other terms, conditions, and provisions of this Ownership Agreement
shall remain in full force.
13. Captions. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Ownership 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 Ownership Agreement. Any use of the singular or
Transfer of Ownership Agreement/Equipment Receipt and Acceptance — Draft
Page 3
FISCAL NOTE (MISC. #09263) November 12, 2009
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — ACCEPTANCE FOR
2008 INTEROPERABLE EMERGENCY COMMUNICATIONS 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 State of Michigan has awarded a 2008 Interoperable Emergency Communications
Grant Program (IECGP) to Region 2, which includes, but is not limited to the following
political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne Counties. The Region 2 Planning Board has selected Oakland
County to serve as fiduciary and subgrantee for the 2008 Interoperable Emergency
Communications Grant program award in an amount up to $361,071.12.
2. The grant period is September 1, 2008, through August 31, 2010.
3. The grant will be used to support projects that strengthen interoperable communications
capabilities within Region 2 in the areas of Leadership and Governance, Common
Planning and Operational Protocols, and Emergency Responder Skills and Capabilities.
4. The following budget amendment is recommended to the FY 2010 Adopted Budget to
recognize the grant award:
Fund 29330 - GR0000000471
Revenues
1060601-115095-610313 Federal Grant Rev.
Expenditures — Urban Area Security Initiative
1060601-115095-731458 Prof. Serv.
1060601-115095-750567 Training-Ed. Supp.
1060601-115095-731241 Miscellaneous
Total Expenditures
FY 2010 FY 2010
Adopted Amended
Budget Amend. Budget
$ 0 $ 361,071 $ 361,071
$ 0 $211,071 211,071
0 75,000 75,000
0 75,000 75 000
$ 0 $ 361,071 $ 361,071
FIN CE CP-MMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
Resolution #09263 November 12, 2009
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack, Bullard, Burns. (24)
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).
I IEREBY PROVE 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
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 November, 2009.
Gait
Ruth Johnson, County Clerk