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HomeMy WebLinkAboutResolutions - 2009.09.02 - 9945MISCELLANEOUS RESOLU7ION # 09188 September 2, 2009 By: General Government Committee. Christine Long. Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - ACCEPTANCE FOR 2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM — MONROE COUNTY 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) to the State of Michigan for the 2008 Homeland Security Grant Program; and WHEREAS the Michigan Homeiand Protection Board continues to support Regional Homeland Security Planning Boards throughout the state: and WHEREAS the State has awarded a 2008 Homeland Security Grant to each jurisdiction within Region 2 in the State including the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw. and Wayne Counties; and WHEREAS the County of Monroe nas requested the Oakland County serve as fiduciary for that county's State Homeland Security Grant Award; and WHEREAS the State of Michigan has awarded Oakland County as fiduciary for Monroe County reimbursement for qualified expenses up to. but not exceeding $50,938 for the State Homeland Security Program; and $521,216 for the Urban Area Security Initiative for a total of $572,154 during the period of September 1, 2008 through May 31, 2011. WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal agreement and exhibits to be used for the 2008 State Homeland Security Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for Monroe County for the 2008 State Homeland Security Grant and accepts the grant funds in an amount up to $572,154 with no county match or in-kind contribution required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that tne 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 County of Monroe. 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 onanges, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, on behalf of the General Government Committee. I move the adoption of the foregoing resolution. CtLa,, a. L GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Page 1 of 3 Brandon Lewis From: Piir, Gaia [piirg@oakgov.comj Sent: Thursday, August 13, 2009 4:59 PM To: 'Lewis, Brandon'; 'Novak, Gail'; QUISENBERRYT@oakgov.com ; 'Smith, Tricia'; 'Pearson, Linda' Subject: Grant Sign Off: Homeland Security Division - 2008 State Homeland Security Grant Program - Monroe County Fiduciary - Grant Agreement GRANT REVIEW SIGN OFF — Homeland Security GRANT NAME: 2008 State Homeland Security Grant Program — Monroe County Fiduciary FUNDING AGENCY: US Department of Homeland Security through Michigan State Police Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Brandon Lewis 8-1598 STATUS: Grant Acceptance DATE: August 13, 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 (8/6/2009) Department of Human Resources: Approved. — Cathy Shallal (8/7/2009) Risk Management and Safety: Approved. - Andrea Plotkowski (8/12/2009) Corporation Counsel: I have reviewed the above-referenced grant agreement and I have found no legal issues that must be resolved prior to accepting the grant agreement. Please note that I am reviewing the Homeland Security Grant Program Interlocal Funding Agreement in light of the 2008 Grant Agreement and the 2008 Grant Guidance. I will respond in a separate e-mail, if any changes are needed to that Agreement and its attachments. - Jody S. Hall (8/11/2009) 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://w ww.michi_gan.gov/documentstmspemd-Act_390_of 1976 7125_7.pdf 8/14/2009 Page 2 of 3 Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended) littp qwww feina. go v :pdflabout'stafford_act.pdf FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State and Local Governments (44 CFR Part 13) http://www.aecess.gpo.pv/naraiefr/waisidx_06/44efr13_06.html Cost Principles for State. Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFI( Part 225) http://www.access.gpo.gov/naraiefr/waisidx_08/2cfr225_0g.html Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133 http://www.whitehouge.gcw'ombicireularsiindex.html Single Audit Act of 1984 (with amendments in 1996) http://www.whitehouse.govfombifinanciar fin_single_aud it. html Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness http://www.ferna.govipeeinergencyinims/nims_executive ordeL13347.pdf Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d) http://www.usdcti.govicrticor/coordititlevistat.litm Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www ,legislattire.rni.gov/(A31xgeltrnrj5z55z2uiwv45)/milez.aspx?pae--zetobjeo.&objectname ---mel-Act- 453-of-19768cqueryid -147 I 8540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" http://wwwiegislature.mi.gov (ug3lxgeltnirj5z55z2uiwv45)imileg.aspx?page=getobjeci&objectname=mcl-Act- 220-of-1976&queryid=14718589 Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980 http://w ww. legislature. mi.govl(S(ealraciy4unelgbvh10s21355))/mi leg.aspx?page—getObject&objectName=mcl- Act-278-of-1980 Michigan — Freedom of Information Act 442 of 1976 (MCL 15.231) hap: iiwww.Iegi slature.rn govf(S(mxubm5 flvb 5ubaylep5x0efl )l/mileg.aspx?page=getObjeci&obi eetName—mcl- 15-231 Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29) hap; /lec fr.gpoaccess.goviegiltitextitext-idx?e=ecfazt_p1=lecfrbrowse/Titic06/6cfr29_main_02. tpl Department of Homeland Security — Protection of Sensitive Security Information (49 CFR Part 1520) http://wWW-access.gpo.govinaraicfr/waisidx_04/49cfr1:520_04.html Restrictions on Lobbying (28 CFR part 69) http:f/www.access.gpo.govinara/cfr/waisi1x_04/28efr69_04.html Government-Wide Debarment and Suspension (28 CFR, Part 67) littp:i7www.access.gpozovinaralefr/waisidx_04/28cfre7_04.html Drug-Free Workplace Act of 1988 http://frweb gate ace ess.gpo, gov/egi-binigetdoc.cgi?dbname=browse_u se&doc id=Cite:+41USC70 t 8/14/2009 ca •••••••• COUNTY OF OAKLAND (hereinafter called the Subgrantee) NJ j State of Michigan 2008 Homeland Security Grant Program Grant Agreement September 1, 2008 to May 31, 2011 CFDA Number: 97.067 I This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered into betweenciRe M#igan Department of State Police, Emergency Management and Homeland Security Division (hereinafterr,caliedlhe Subgrantor), and I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the County of Monroe through the Subgrantee (which has been approved to act as the fiduciary agent the County of Monroe) for preventing, deterring, responding to, and recovering from Incidents of National Significance, including threats and incidents of terrorism. The 2008 HSGP is a primary funding mechanism, operated by the United States Department of Homeland Security (DNS) for building and sustaining national preparedness capabilities. HSGP is comprised of four separate grant programs, of which two are covered by this grant agreement: • The State Homeland Security Program (SHSP) is a core assistance program that provides funds to build capabilities at the state and local levels through planning, organization, equipment, training, and exercise activities. SHSP also supports the implementation of state homeland security strategies and key elements of the national preparedness architecture, including the National Preparedness Guidelines, the National Incident Management System and the National Response Framework. Activities implemented under SHSP must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, or response to terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate this dual-use quality for any activities implemented under this program that are not explicitly focused or terrorism preparedness. • Urban Areas Security Initiative (UASI) addresses the unique multi-disciplinary planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas, and assists them in building and sustaining capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism. This program provides funding to high-risk urban areas based on risk and effectiveness. The FY 2008 UASI program is intended to enhance regional preparedness efforts. Urban Areas must use these funds to employ regional approaches to overall preparedness and are encouraged to adopt regional response structures whenever appropriate. Funding Priorities DNS funding priorities for the FY 2008 HSGP are focused on risk-based funding and capability-based planning. FY 2008 HSGP identifies three objectives as its highest priorities. These three objectives are: 1. Measuring progress in achkving the National Preparedness Guidelines 2. Strengthening improvised explosive device (IED) attack deterrence, prevention, and protection capabilities 3. Strengthening preparedness planning At least 25 percent (25%) of FY 2008 HSGP SHSP, UASI, MMRS, and CCP funding must be allocated to objectives 2 and 3 In addition, at least 25 percent (25%) of SHSP funds and 25 percent (25%) of UASi award funds must be dedicated towards law enforcement terrorism prevention-oriented planning, organization, training, exercise, and equipment activities. 2008 HSGP Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 2 oi 1 1 Objectives The principai objective of Ns Grant Agreement is to provide financial assistance tc the County of Monroe for allowable costs in the following program areas, State Homeland Security Program (SHSP): ▪ Planning • Eauipment • Train ng • Exercise Urban Areas Security Initiative (UASI): • Planning • Organization • Equipment • Training • Exercise For guidance on allowable costs for these program areas, please refer to the 2008 HSGP Guidance, located at http://www.fema gov/governmentigrant/hsgp/index08.shtm. To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Hometand Security Preparedness Committee, has created a list of priority projects that Subgrantees shall use their 2008 HSGP funds to support. These projects were derived from the 10 Investment Justifications developed by Michigan that are to be implemented at the regional/local level. Additional information is provided in the Michigan FY 2008 HSGP Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY 2008 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations n the projects and activities included in their FY 2008 HSGP application. Statutory Authority Funding for the Fiscal Year (FY) 2008 Homeland Security Grant Program (HSGP) i5 authorized by the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329). The Subgrantee agrees to comply with all HSGPG program requirements in accordance with the Michigan Emergency Management Act. Act 390, P.A. of 1976, as amended, located at http://www.michigan.gov/documents/mspernd-Act_390_of_1976_7125_7.pdf and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, located at http://www.ferna.gov/aboutistafact,shtm . The Subgrantee also agrees to comply with 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 httoiteCFR,.gpoaccess.govicgiititextitext- idx?c=-ecfr&tpliecfrbrovise/Tille44144cfrl3_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.gpoaceess.govicgi/t/text/text- idx?c=eefr&sid-5f90b818356757091bb65ea93f163c6a&tpkiecirbrowse/T tle02/2cfr21e_main_02.tpi Cost principals 1. 2 CFR, Part 225, Cost Principals for State, Local, and Indian Tribal Governments (OMB CircWar A-87) located at http://eciegpoaccess gov/ogi/t/text/text- idx?c=ecfr&tpi-/ecfrbrowserTitle02/2cfr225_main_02,tol 2. 2 CFR, Part 220 Cost Principals for Educational Institutions (OMB Circular A-21) located at http://eefr.gpoaccess govicgi/t/text/text-idx/c=ecir&rgn=div58iview=text&node=2:1.1.2 3.4&idno=2 2008 HSGP Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 3 of 11 3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB Circular A-122) located at http://ecfr.gpoaccess.govicgiftitextitext-idx ?c=ecfr&tpl=iecfrbrowserritle02/2cfr230_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/a1331a133.html IV. Homeland Security Grant Program Award Amount and Restrictions The COUNTY OF OAKLAND, as the Fiduciary Agent for the County of Monroe, is awarded $672,154 under the FY 2008 HSGP, which has been broken down into the following program categories: A. The SHSP award is $50,938. B. The USAI award is $521,216. For all program categories, reimbursement is based on completion of requirements listed in Sections IV, V and VII of this grant agreement. This Grant Agreement designates HSGP funds for reimbursement of authorized costs. Grant Agreement funds shall not be used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the FY 2008 Grant Agreement period. Allocations for the FY08 HSGP have been determined on a regional basis through a funding methodology consistent with current Department of OHS guidance. Regional Boards have been created to ensure that all jurisdictions within a designated region have an equal say in how funds are spent. 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 HSGP 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. Fiduciary Agent Designation The Subgrantee agrees to act as the designated Fiduciary Agent for the County of Monroe. As the designated Fiduciary Agent of County of Monroe, 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 XII 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 HSGP Grant Agreement, Subgrantees shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by reference into this Grant Agreement: 1. Standard Assurances 2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement 3. State of Michigan Audit Certification Form (EMD-053) 4. W-9 Request for Taxpayer Identification Number and Certification 2008 HSGP Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 4 of 11 5. Other documents that may be required by federal or state officials B. The FY08 Homeland Security Grant covers eligible costs from September 1, 2008 until May 31, 2011. Please refer to the Fiscal Year 2008 Homeland Security Grant Program Guidance, located at http://www.fema.govigovernmentigrantThsgpiindex08.shtm , for a detailed list of what costs are eligible under this grant. Allowable costs are specifically addressed in Appendix B of the Guidance. C. Submit project applications to the Subgrantor. which have been prepared and approved by the Homeland Security Regional Board, for evaluation and approval of projects prior to starting a project. All projects must meet DHS & Emergency Management and Homeland Security Division (EMHSD) grant guidelines and must be related to one of the 10 approved state investments, 8 required projects, and supported by an assessment of at least one of the 37 targeted capabilities. Any project that proposes a change in scope of work during the grant performance period must be resubmitted to the Subgrantor for approval. D. Make all purchases in accordance with grant guidance and local purchasing policies. E. 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 is not submitted, the Subgrantee will be held responsible for all costs determined to be ineligible by the Subgrantor or DHS. F. Create and maintain an inventory of all FY08 HSGP equipment purchases that lists, at minimum, the piece of equipment, the cost of the equipment, what agency the equipment is assigned to and the physical location of the equipment for the grant period and at least three years after the grant is closed. Any equipment purchased with HSGP funds must be prominently marked as purchased with funds provided by the U.S. Department of Homeland Security. 3, Make FY08 HSGP equipment available for pick-up by other government agencies per equipment assignments by the Region 2 Homeland Security Planning Board. This process needs to include legal transfer of the equipment to the designated government agencies. At minimum, the Subgrantee should prepare documents, which when signed, will indicate other designatea government agencies accept full legal and financial responsibility for pieces of equipment. H. 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 suomit 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, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910-5883 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 fiiled 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 EMHSD website at http://www.michigan.govimsp/0,1607,7-123-1593_3507-113992--,00.html. Please note: One Reimbursement Cover Sheet and related forms must be completed for each exercise. J. Submit quarterly progress reports to the Subgrantor on the status of all approved projects, Quarterly progress reports at minimum, need to contain a description of the project, the actions taken that quarter to complete the project. a percentage estimate of the completeness of the project and an expected completion date of the project The due dates for quarterly work reports are listed in Section VII of this agreement. The Subgrantor will provide the Subgrantee with a form to complete this report within 60 days of issuing the grant agreement. 2008 HSGP Grant Agreement County of Oak!and (Fiduciary for County of Monroe) Page 5 of 11 K. 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 dates for the BSIR are on January 20, 2009, July 20, 2009, January 20. 2010, July 20, 2010. January 20, 2011, and July 20, 2011. The reporting periods are from January 1 through June 30 and July 1 through December 3'1.. The final BSIR is due 90 days after the end date of the FY08 Homeland Security Grant award period. L. 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. M. Comply with applicable financial and administrative requirements set forth in the current edition of 44 CFR. 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 ail other records pertinent to the FY08 HSGP for at least three years after the financial close-out date of this grant program. for purposes of federal and/or state examination and audit. 3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, 85 amended, and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organization," as further described in 44 CFR, Part 13 Random audits shall be performed to ensure compliance with applicable provisions. 4. Subgrantor and Subgrantee FY08 HSGP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body:" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to. building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Micnigan anti-terrorism act,...emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement sensitive or otherwise critical to national security interests. This may include threat. risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each 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 wil] 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 tne Subgrantee not complying with the responsibilities of Section V. N. Integrate individuals with disabilities into emergency planning, Executive Order 13347. 0. 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 minirrazing 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 2008 HSGP Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 6 of 11 Environmental and Historic Preservation Program engages in a review process to ensure that FEMA funded activities comnly 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 HSGP 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 trio Subgrantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Subgrantee. E. independently, or in conjunction with the U.S. Department of Homeland Security (DHS), conduct random on-site reviews with Subgra ntee(s). Subgrantor and Subgrantee FY08 HSGP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA 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 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 sensitve 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 heath 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 attacned 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. Orawdown 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 2008 HSGP Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 7 of 11 must be placed in an interest-bearing account. The Subgrantee may keep interest up to $1D0 per year for administrative expenses for alt 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: Michigan State Police, Emergency Management and Homeland Security Division, Financial Section, 4000 Collins Road, Lansing, Michigan 48910-5883. The Subgrantee must also notify the Subgrantor in writing of any interest earned over $100 quarterly, THE QUARTERS ARE AS FOLLOWS: i s' Quarter: September 1, 2008 to December 31, 2008 (this quarter has four months) 2" Quarter: January 1, 2009 to March 31, 2009 3ra 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 September 30, 2010 9th Quarter: October 1,2010 to December 31 1 2010 1001 Quarter: January 1, 2011 to March 31, 2011 11'h Quarter: April 1,2011 to May 31, 2011 (this quarter has two months) j DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS: ! 1 8t Quarter: January 31, 2009- No Submittal Necessary 2nd Quarter; April 30, 2009 - No Submittal Necessary 3I'd Quarter: July 31, 2009 4111 Quarter: October 31, 2009 5'h Quarter January 31, 2010 6th Quarter: April 30, 2010 7th Quarter: July 31, 2010 81h Quarter: October 31, 2010 9th Quarter: January 31, 2011 10th Quarter: April 30, 2011 11'h Quarter: June 30, 2011 Reporting Requirements The reporting requirements are designed to provide the EMHSO 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 Vie project budget detail, scope of the project, or work plan attached to the award, and be supported with source documentation, as appropriate. 2008 HSGP Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 8 of 11 Subgrantees are required to submit Quarterly Progress Reports by Project and supporting documentation for expenditures in accordance with their project budget detail and project scope of work. Progress reports compare actual expenditures to the project budget detail for the reporting period. Any significant cost deviations from the approved budget detail and subsequent impact on the project, etc. shall be reported in the Narrative Progress Report. The Quarterly Progress Report must support the expenditures and financial activity in fnancial progress reports and reimbursement requests. The information on this form will be used by the Subgrantor to monitor grantee cash flow and encumbrances, grantee performance, project implementation, and compliance with 2 CFR, Part 215 (OMB Circular A-110); 2 CFR, Part 220 (OMB Circular A-21); 2 CFR, Part 225 (OMB Circular A-87); and 2 CFR, Part 230 (OMB Circular 122). This information will also be used to monitor compliance with OMB Circulars A-102 and A- 133, and with the U.S. Dept. of Homeland Security/Office of Grant Operations Financial Guide, to ensure proper use of federal funds. Quarterly Progress Reports are required whether or not expenditures are incurred. Subgrantees failure to fulfill the quarterly reporting requirements, as required by the grant, may result in the suspension of grant activities until reports are received. Reimbursement requests and work reports should be mailed to the Michigan State Police, Emergency Management and Homeland Security Division, 4000 Collins Road, Lansing MI 48910, unless the Subgrantee Is otherwise notified by the Subgrantor. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Memorandum of Understanding Procedure The Subgrantee may enter into Memorandums of Understanding (MOU) with the Subgrantor for the Subgrantor to pay other local jurisdictions within Homeland Security Region 2 directly in accordance with current OHS guidance. An MOU must be initiated by the Subgrantee. The Subgrantee must submit an MOU every time it would like another jurisdiction to receive direct reimbursement from the Subgrantor. Each rVIOU 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 at seq , the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37,1101 at 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 2006 HSGP Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 9 of 11 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, inducing judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. XI. Third Parties This Grant Agreement is not intended to make any person or entity, not a party to this Grant Agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. XII. Grant Agreement Period This Grant Agreement is in full force and effect from September 1, 2008 through May 31, 2011. 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 Section XII above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement, Changes in dates, budget, or services are subject to prior written approval of Subgrantor If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. The State may suspend or terminate sub-grant funding, in whole or in part, or other measures may be imposed for any of the following reasons: • Failure to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failure to comply with the requirements or statutory objectives of 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. 2008 HSG13 Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 10 of 11 • 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 suocontract; or convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity. XV. Freedom of Information Act (FOIA) Di-IS 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, i5 subject to requests made pursuant to the Freedom of Information Act (FOIA), 5. USC. §552, all determinations concerning the release of information of this nature are made on a case-by-case basis by the OHS 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. Capt. W. Thomas Sands Printed Name Deputy State Director of Emergency Management and Homeland Security Title -(501-17a e Printed Name Title 2008 HSGP Grant Agreement County of Oakland (Fiduciary for County of Monroe) Page 11 0111 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. Printed Name Title County of Oakland Name of Jurisdiction Signature Date For the Subgrantor (Michigan State Police - Emergercy Management and Homeland Security Division) For the County of Monroe. The county official's signature appears on this grant agreement as a certification that County of Monroe has designated the County of Oakland to serve as the fiduciary agent for the 2008 HSGP. Signature Date 2008 HOMELAND SECURITY GRANT PROGRAM INTERLOCAL FUNDING AGREEMENT BETWEEN OAKLAND COUNTY AND [NAME OF POLITICAL SUBDIVISION This Interlocal Funding Agreement ("the Agreement") is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("Fiduciary"), and the [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 Homeland Security Grant Program ("Grant Program") and use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or overtime with Grant Program funds. Oakland County, Michigan was elected and appointed Fiduciary for the 2008 Homeland Security Grant Program by Region 2 Planning Board via a resolution dated November 15, 2007. Oakland County accepted the position of Fiduciary and as a result entered into the 2008 Homeland Security Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or 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, tine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiduciary or Political Subdivision, as defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise. Pagel 2008 Homeland Security Grant Program Funding Agreement — Final 1. 1. a, 1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Fiduciary means Oakland County, a Constitutional Corporation including, but not limited to, its Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons successors. 1.5. Political Subdivision means the , a Michigan Municipal Corporation including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons successors. 1.6. 11,31p192 means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.7. Region 2 Homeland Security Planning Board ("Region 2 Planning Roarri"),,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. 1.8. 2008 Homeland Security Grant Program ("Grant ProoranQ means the grant program described and explained in Exhibit B which began September 1, 2008 and ends May 31, 2011. The purpose of the Grant Program is to prevent, deter, respond to, and recover from incidents of national significance including, but not limited to, threats and incidents of terrorism. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 2.1. Exhibit A — Region 2 Homeland Security Planning Board Resolution; re: 2008 Homeland Security Grant Program Fiduciary; 2.2. Exhibit B — 2008 Homeland Security Grant Program Agreement between Fiduciary and the State; 2.3. Exhibit C — Transfer of Ownership Agreement/Equipment Receipt and Acceptance; and 2.4. Exhibit LI— Request for Reimbursement Forms, 3. FIDUCIARY RESPONSIBILITIES, 3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement between the Fiduciary and the State of Michigan. Page 2 2008 Homeland Security Grant Program Funding Agreement — Final 3.2. The Fiduciary shall comply with all requirements set forth in the 2008 homeland Security Grant Program Guidance. 3.3, The Fiduciary shall purchase equipment with the Grant Program finds 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 hinds 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 he transferred after the applicable Request for Reimbursement Forms. attached as Exhibit D, are properly executed by the Parties. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Forms on behalf of the Fiduciary and shall execute the Forms on behalf of the Political Subdivision. 3.9. The Fiduciary shall file this Agreement pursuant to law and provide executed copies of this Agreement to the Region 2 Planning Board Secretary and the applicable Political Subdivision. 4. POLITICAL SUBDIVISION RESPONSIBILITIES. 4.1. Upon receipt of equipment purchased with Grant Program funds, the Political Subdivision shall execute the Transfer of Ownership Agreement, attached as Exhibit C, for each piece of equipment. The Political Subdivision will not obtain title to the equipment and will not be permitted to use the equipment until the Fiduciary receives an executed Transfer of Page 3 2008 Homeland Security Grant Program Funding Agreement — Final Ownership Agreement. The Political Subdivision agrees to be bound by all terms and conditions of the Transfer of Ownership Agreement, attached as Exhibit C 4.2, Upon execution of the Transfer Ownership Agreement, Exhibit C. the Political Subdivision shall be solely responsible for the equipment, including but not limited to the following: 4.2.1. Operation of the equipment; 4.2.2. Maintenance and repair of the equipment; 4.2.3. Replace or repair equipment which is willfully or negligently lost, stolen. damaged, or destroyed; 4.2.4. Investigate, fully document, and make part of the official Grant Program records any loss, damage, or theft of equipment; 4.2.5. Insurance for the equipment if required by law or if the Political Subdivision deems it appropriate in its discretion; 4.2.6. Training for use of the equipment, if training is not included with the purchase of the equipment; and 4.2.7. Liability for all Claims arising out of the Political Subdivision's use of the equipment. 4.3. The Political Subdivision shall comply with and shall use the equipment in accordance with the 2008 Homeland Security Grant Program Guidance. 4.4. The Political Subdivision shall keep the Fiduciary informed of the location of the equipment. If the equipment by its nature is mobile, the Political Subdivision must provide a general location or "home-base" where the equipment can be found. If the location of the equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fiduciary upon execution of the Transfer Ownership Agreement and continue until three (3) years after the close of this Grant Program. 4.5. The Political Subdivision shall list all equipment transferred to it pursuant to the Transfer Ownership Agreement on its Schedule of Expenditures of Federal Awards. 4.6. Except for equipment that is disposable or expendable, the Political Subdivision shall inform the Fiduciary if it plans to dispose of the equipment and work with the Fiduciary regarding any issues associated with disposal of the equipment. 4.7. The Political Subdivision shall be solely responsible for all costs, fines, and fees associated with the use and misuse of the equipment, including but not limited to, costs for replacing the equipment or costs, fines, or fees associated with an ineligible use determination by auditors. 4.8. The Political Subdivision shall make the equipment available to the Fiduciary and State and Federal Auditors upon request. Page 4 2008 Homeland Security Grant Program Funding Agreement — Final 4.9. Prior to reimbursement for the purchase of services anctior 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 BARD 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. 71 Each Party shall be responsible for its own acts and the acts of us 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. "I he persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. Page 5 2008 Homeland Security Grant Program Funding Agreement — Final 7.3. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit B and the 2008 Homeland Security Grant Program Guidance, 8. TERMINATION OR CANCELLATION OF AGREEMENT, Either Party may terminate and/or cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of termination and/or cancellation shall be clearly stated in the notice. If this Agreement is terminated and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of termination and/or cancellation, shall remain valid and govern the Parties' duties and obligations regarding equipment transferred to the Political Subdivision and the Parties shall execute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination and/or cancellation, 9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement. 12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 14. NO IMPLIED WAIVER, Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. Page 6 2008 Homeland Security Grant Program Funding Agreement — Final 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 andior 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 WITNESSED: DATE: Clerk/Register of Deeds County of Oakland Page 7 2008 Homeland Security Grant Program Funding Agreement — Final [Political Subdivision Signature Block] Page 8 2008 Homeland Security Grant Program Funding Agreement — Final TRANSFER OF OWNERSHIP AGREEMENT/EQUIPMENT RECEIPT AND ACCEPTANCE FOR PURCHASES UNDER CFDA NUMBER 97.067 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 pan. 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 2006 Homeland Security Grant Program Interlocal Funding Agreement, the Fiduciary purchased the following Equipment with 2006 Homeland Security Grant Program funds as directed by the Region 2 Planning Board: Transfer of Ownership Agreement/Equipment Receipt and Acceptance — Final Page 1 2.1.1. [List Equipment Purchased] 2.2. The Fiduciary grants all right, title, and interest to the Equipment to the Political Subdivision. 3. Acceptance of Equipment. 3.1. By signing this Ownership Agreement, the Political Subdivision accepts the Equipment in its current condition, "AS IS", acknowledges that it had an opportunity to inspect the Equipment. 4. Fiduciary Assurances. The Fiduciary represents the following: 4.1. The Fiduciary has full right and title to transfer ownership of the Equipment to the Political Subdivision. 4.2. The Fiduciary has no knowledge of any judgments, liens, mortgages, pledges, claims, rights, security, interests, encumbrances, or any other adverse interests against the Equipment. 4.3. To the extent possible, the Fiduciary transfers all warranties to the Equipment to the Political Subdivision. 4.4. Thc Fiduciary shall notify each Political Subdivision at the end of the fiscal year of the dollar amount of Equipment that has been transferred to the Political Subdivision. 5. Political Subdivisions Responsilzilities, 5.1. Upon execution of this Ownership Agreement the Political Subdivision shall be solely responsible for the Equipment, including but not limited to the following: 5.1.1. Operation of the Equipment; 5.1.2. Maintenance and repair of the Equipment; 5.1.3. Replace or repair Equipment which is willfully or negligently lost, stolen, damaged, or destroyed; 5,1.4. Investigate, fully document, and make part of the official Grant Program records any loss, damage, or theft of Equipment: 5.1.5. Insurance for the Equipment if required by law or if the Political Subdivision deems it appropriate in its discretion; 5.1.6. Training for use of the Equipment, if training is not included with the purchase of the Equipment; and 5.1.7. Liability for all Claims arising out of the Political Subdivision's use of the Equipment. 5.2. The Political Subdivision shall comply with and shall use the Equipment in accordance with the 2006 Homeland Security Grant Program Guidance. 5.3. The Political Subdivision shall keep the Fiduciary informed of the location of the Equipment. If the Equipment by its nature is mobile, the Political Subdivision must provide a general location or "home-base where the Equipment can be found. If the location of the Equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fiduciary upon execution of this Ownership Agreement and continue until three (3) years after the close of this Grant Program. 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. Transfer of Ownership Agreement/Equipment Receipt and Acceptance -- Final Page 2 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 Riehts. This Ownership Agreement does not, arid 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/Assiznment. 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. Severabilitv. 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 plural number, any reference to the male, female, or neuter genders, and any possessive or Transfer of Ownership Agreement/Equipment Receipt and Acceptance — Final Page 3 nonpossessive use in this Ownership Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 14. Notices. Notices given under this Ownership 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. 14.1. 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, and to Oakland County Emergency Response and Preparedness, Administrator, 1200 N. Telegraph Dept 410, Building 47 West, Pontiac, Michigan 48341. 14.2, If notice is sent to the Political Subdivision, it shall be addressed to: 14.3. Either Party may change the address and/or individual to which notice is sent by notifying the other Party in writing of the change. 15. Governing Law. This Ownership Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 16. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Ownership Agreement must be in writing and executed to by both Parties. 17. Entire Agreement. This Ownership Agreement represents the entire agreement and understanding between the Panics. This Ownership Agreement supersedes all other oral or written agreements between the Parties. The language of this Ownership Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The individual or official executing this Ownership Agreement certifies that by his or her signature that he or she is authorized to sign this Ownership Agreement and bind the Fiduciary and Political Subdivision to the terms and conditions of this Ownership Agreement. Fiduciary: The County of Oakland Date Political Subdivision: [Insert Name] Date Transfer of Ownership Agreement/Equipment Receipt and Acceptance — Final Page 4 Comments Comments Comments EM D-054 (072008) MICHIGAN STATE POLICE REIMBURSEMENT COVER SHEET For all DHS Homeland Security grants, use a new cover sheet for each prolect. Contact and Activity Information (a) EMHSD Tracking Number Local Emergency Management Program I Fiduciary Year and Title of Grant from Grant Agreement Page of Primary Agents Phone Primary Agent's Name Typo of Activity or Event ) _ Primary Agents Fax Agency's Name and Phone # completing the form if different than the local EM Program (Sub-recipient) Date of Activity or Event ) Check the appropriate Solution Area (SA). Check one (II box only. Expenses must meet SA a llowability guidelines. Check the appropriate Allocation Type, if applicable. Check one (1 i box only. Management & p, 0 Exercise [1] Equipment : ] Training [ 1 Planning L I-1 0 SHSP LI LETPP I ] UASI E Other Administration Quarter r] OCt.1 - Dec. 31 n Jan. 1 - Mar. 31 H Apr. 1 - Jun. 30 Li „Jul. 1 - Sep. 30 Year Reimbursement Category (b) - Attach all backup detail forms to this cover sheet. Amount Allowable Cost Justification (ACJ).form(s) is required to be attached to this Reimbursement Cover Sheet for all reimbursement costs requested. Payroll Detail Total $0.00 Travel Detail Total $0.00 Supplies and Other Detail Total $0.00 Equipment Invoice Total (attach all invoice copies) $0.00 Total Request $0.00 Sub-grantee's Authorized Financial Representative (c) Print Name and Title Phone Number Signature Date I certify that the above information is true and accurate, that reimbursement is being requested for ordy the authorized expenditures approved on the above tracking number, and that documentation for these transactions is available for audit. ) ix FOR MSP-EMHSD USE ONLY Sognarute Date Content Expert (as needed) Date Payment Processed By Sinature Payment Released By Signature Dale Authority 1976 PA 390, as amended Comp:etiom Voluntary, but completion necessary to be considered for assistance DO NOT submit requests for reimbursement unless all documentation is enclosed. Please return to: Michigan State Police : Emergency Management and Homeland Security Division. Attn: Financial Section, 4000 Collins Rd., Lansing. Ml 48910 EMID-rs541t07120481 General Information • A separate Reimbursement Cover Sheet (EIVID-054) must be completed for each grant project, solution area, allocation type, and individual exercise. Only this cover sheet will be accepted. • A Reimbursement Cover Sheet (EMC-054) must be completed whenever requesting reimbursement. No exceptions • Calculated fields on the Reimbursement Cover Sheet tEMD-054) are protected and cannot be accessed electronically. • The Rembursement Cover Sheet (EMD-054) must be submitted with the corresponding reimbursement detail forms. • Mail completed cover sheets with attached appropriate detail forms le. Michigan State Police, Emergency Management and Homeland Security Division. Attn: Financial Section, 4000 Collins Rd., Lansing, Mt 40910. a. Contact and Activity Information: - EMHSD Tracking Number - Subgrantee will input the associated EMHSD Tracking Nember that is listed on their approved P7oject Justification Form - All applicable Contact and Activity Information must be completed. - Primary Agent is the locally designated Contact for the grant - Agency is a Sub-redolent receiving funds through the Local Emergency Management Program. - Type of grant Activity or Event. e.g., TT Exerc:se, Flood Disaster, Mitigation P!'eject. Training, Conference, etc b. Reimbursement Category: - For each type o; category, enter the total of all attached detail forms. under "Amount' - Noto: Contractors and consultants must be included on the Supplies and Other Items Detail (EMD-O56). G. Sub-grantee's Authorized Financial Representative - An authorized financial representative (person who can certify that all travel expenses have been paid) must print their name, title. and phone numner, as well as sign and cate the Reimbursement Cover Sheet (EMD-054). Primary Agent's Phone Ij Primary Agant's Fax Employee's Name (Last, First, M.I.) (is) - - Total's [ $0.00 $3 00 I 0.00 $000 $0.00 $0.00 SO 00 $0 00 $0 00 $0.00 $0 00 $UM so. 00 $0.00 Ii $000 $0.00 $0,0C $0.00 $0 00 $0.00 $0.00 30 00 $0.00 $000 $00 50 .00 $0.00 $300 $0.00 $1100 $0.00 40.00 $0.00 $aw $0.00 $0 00 _ $0.00 $000 5.0.00 $.0.00 Pep. Coda' Date hours %Gut% r- Page of Type of ACLiVity Or Event Date of Activity or Evart 0 00 0.00 0.00 0 00 0.00 1300 0.00 Cl: ISD _- 0.00 0.00 0.00 0 00 0.00 0 000 0.GG 0.00 C CC 000 I 000 40.00 total Per Dorf (a) = 50 ,013 $0 DO $0.00 Dab. ) 1 _ EMD-055 (1/2008) MICHIGAN STATE POLICE PAYROLL REIMBURSEMENT DETAIL Reference the attached instruction sheet before completing this detail Local Emergency Management Program f Fiduciary, -riaar are Title of Grant from Grant Agreement Primary Agent's Name -4- Agency's Mame and Phone 0 compiating This form d &Henan* than the local EM Program {Suh-Raitipient) r Date arid Hours Worked Each Day '{ci I - .7 1 - I 1 !. -4 Hours l-tou rs - k taws - - Hours 7 lours Hours Hours WM'S lours - -- Hours Hours -- Hours -- Hours _ Hotrs - Fours lours Hours - -lours Regular Crier Gina TOY.. Rale Per Role Per Per Diem I t _;!!1_ Neu rs Hour -leer Rate Th" Total Pet total Overtime, I Total Per ! Total Wages Wages Diem (ri (.0 I I Wages i I Ski ! ITI - -- $0.00 40.00 $0 33 $0.00 SO 09 40.00 50.00 $000 $0011 40.00 -SC 00 $000 $0.00 $300 $0 00 $0.00 49 DO $0 .00 I $000 $000 $0.00 - - 40 00 I $0.00 SO.00 $0 00 . . $0.00 $OLO $000 $000 s0.00 so oo $0 00 $0 00 $13.00 $000 - - $0 00 $0.00 $0 50.00 $0.00 $0_00 $0.00 $003 Contact and Activity Information (a) Please enter the fringe benefit percentage rates on the instruction sheet before completing the Payroll Reimbursement Deta il. Total Regular Wage ,?2)= _ 40.00 -fetal Overtime. Wage (3) 5000 x F nrige &meta Rate = 0.00% x rrnge Sonata Rule 0.00% Regular Benefits It , $O 00 Overtime Benefits (l) $0.00 EMPLOYEE CODE C) Full Time Existing (i-L) Part Time Existing (PE) Full Time New gyll) Part riTne New (PN) Backlilt (.81 Total Wages (2,34) - _ Total senetits = Grand Total (this page Orly) Volunteer (V[ _ S.oh.-grantee's Authorized Financial Representative (in) . iPrue Neent and Title Phone Number Signature I certify lthet the above informetaan as true and abeurate, that paymaert has been made to the employees I identified, and documentation of these transactions is available for audit. C.oetimm 797.5 .4 393 an wnenc160 141.1.10.1Xtcarnplmon gwormov.i44tirwiend FIN SAW114 Return (*tot (attached to the Reimbursement Request Coversheet) bp: Michsgan State Police, Emergency Management and Homeland Security Division, Attn Financial Section, 4000 C0IJins Rd., Lansing, MI 4P3G1C General infOrMation: • A separnto Payroll Reanteesement Deem (eMD-055) rrust be completed for each gremt soistior a-ea and Individual exercise • A Paynai Reimbursement Detail (EMD-O55 ) must be completed whenever tequestine wine reimbursement. No Exceptions • Caleelarted flees on the Parc I Reimbursement Detail lEMD-055) are protected and cannot be accessed electren • Each change in an employee's wage rate requires ecreeetieo ef an addeioeal fine, even if it i3 the same employee, • The Payroll Reimbursement Detail {EMD-055) is coesidered documentation and must be sennetted with the corresponding Reimbursement Request Coyershe.et. • Mail completed forms to Michigan Stale Pc'ice, Fetergericy MaPagerrent Division 374 l'AmeiztO Security Division. AttrrFinanCal Section, 4000 Collins Rd , Lansing, MI 48910 a. Contact and Activity infeimatior. - All applicable Contact and Activity Wet-elation must be completed - Primary Agent is the totally desigrated contact for tee grant • Agency is a Sub-recipient receiving eines through the Local Emergency Management Program - Type of grant Activity or earert e g T— Exercise. Food O'saster. Meigetion Project. Training. Conference. etc b Employee Name - Enter employees last name, first name arid reiricee initiat c Employee Code: ` - Enter employee code from legend on the 'rent bottom of form. - If the employee is performing backfilli ace Code ' 0 to the enectayee code. - Volunteer (V) Includes oaid-for-cell, paid-en-cwt, ard paid-per-call, ord non-paid volunteer personnel. d. Date & Hours Worked Each Day. - Eriter the date(s) worked on tee top line of this section. • Enter each employee's hours worked under the Corresponding date. - For per diem rate. enter a '1' In the News ses below The corresponding date worked. e. Total Hours: - No entry required. this is a calculated field I. Regular Wage Rate Per Pour- (Do cot include forge benefits with this rate) Complete a separate line for REich different wage rate, even for tee same employee. g Overtime Wage Rate Per Hour (Do not incluee -lenge benefits with this rate) - Complete a separate iine for each different wage rate even for the same employee. h. Per Diem Rate Per Activity, Fknnction or Event. - Complete a separate line for each different per diem rate, even for the same employee - Enter the per diem rate for each activity, function, event or cat - Per diem rate applies when no houriy wage rate has been established. e.g . paid-per-call. etc. i Total Regular Wages- - No entry required, this is a c.elculated field. Total Overtime Wages: - No entry regeired. this is a calculated fled, IC. Total Per Diem: - No entry required, this .a a calculated field Total Wages - No entry required, th:s is a calculated field m. Sub-grantee's Authoreed Fleanc -al Representative • An authorized financial representative i(person who oar certify each employee was paid wages and benefits listed) must mini 'lie or her narcn title, date and phone number, and sign Mei detail. * EMD-055i (1/2008) INSTRUCTIONS FOR COMPLETION OF PAY: z k B " Frinqe Benefit Rate Calculation Worksheet Instructions • Fringe oeneits for force account labor are eligible Frnge taerefits for OVeltme will be significantly less than regular time A direi.ent rate is charged for regular i'me and overtime. • Only FICA (social security ai Medicare), unemployment insurance, worker's compensation, and retirement are eligible fringe benefits for overtime. • If fringe benefit percentages vary from person to person, fill out a separate payroll form for each person. Do not mix employees with different fringe benefit rates on the same form. Complete a different form each time the fringe benefit rate changes. The fol!owing steps wit assist in Calculating the percentage of fringe benefits pad cc an employee's salary. Note: items and percentages wit vary from one entity to anettet. 1. The normal year consists Cf 2080 hours (52 Weeks x 5 worxdaystwoek x 8 hourstday). This does riot include holidays and vacations. 2. Determine the empfoyeo's basic hourly pay rate (annual salary/2080 hours), 3. Fringe benefit percentage for vacation trne: Divide number of hours of annuai vacation provided to the employee by 2080 (80 hours (2 weeks;42080 = 3 4. Fringe benefit percentage for paid hollelays Divide the number of paid holiday hours by 2080 (64 hours (8 helidays1/2080 = 3.07%). 5. Retirement oy : Because tnis measure vanes widely use only the percentage of salary matched by the employer 6. Social Security. Medicare. and Unemployment Insurance. AN three are standard percentages of salary. 7. Insurance: This benefit vanes by employee. 0:vide the amount paid by the employer by the bast pay rate determined inn, step two. 8. Worker's Compensation This benefit also varies by employee_ DivIde The amount paid by the er-ployer by the basic pay rate de.teMned in step two_ Use the rate per 5100 to determine the correct porcentage. Fringe Benefits (%) Regular Time Clatlaiiiin--- Holidays 0.00% Vacation Leave 0.00% _ Sick Leave 000% Social Security 0 00% -Medicare 0.00% 0 GO% ---i. Unemployment 0.00% 0 00% Workers Comp. • 0.00% 0 00°/ i Retirement 0 00% 0 0014?. ---. Health Benefits 0.00% A l_ife, Iris. Benefits 0.00% Other 0.00% — Total % of annual 0.00% 0.00% salary imPOrt A7r': rho instruction Uheot with fringe benefit Calculations MUST be submitted with the Payroll Reimbursement Detail Revised 01/20ng Type of Activity or Event Date of Activity or Event Total Expenses (1).(2),(3144) (n) $0.00 $0.00 _ $0.00 $0.00 _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - $0.00 _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Description of Other Expenses Grand Total = Total Miles Mileage Amount (9) $0.00 $0,00 $1:).00 $0.00 $0.00 $0.00 $0.00 $0. - 00 - $0.00 $0.00 - $0.00 $0.00 -- $0.00 - - $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Number' of Days Lodging Meal Codes Lodging Amount A1_0] a (11) (1) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 S0.00 $0.00 -- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 _ $0.00 $0.00 $0 00 50.00 50.00 $0.00 $0. $0.00 $000 $0.00 $0.00 $0.00 $0,30 $0 00 $0.00 $0.00 $0.00 _ $0.CC $0.00 $0.1:10 $0.00 50.00 $1100 _ $0.00 $0.00 $0.00 $0.00 01 I (2) I I (3) (4} Meat Amount (k) $0.D0 $0.00 $0.00 Other EKpen sea $0.00 50.00 50.00 $0.00 $0.00 $0.00 $0.00 Sub-grantee's Authorized Financial Representative (o) Phone Number Signature Data Print Name and Title E PALI (1 r2Cat MICHIGAN STATE POIACE Local Emergency Management Program i Fiduciary TRAVEL REIMBURSEMENT DETAIL Reference the attached instruction sheet before completing this detail Contact and Activity information (a) Year and Tina of Grant from Grant Agreement Page of Pnmary Agent's Phone _L Primary Agent's Fax ) Employee Name (Last, First, MI) (b) Primary Agent's Name Agency's Name and Phone Al comploting the form if different than local EM Program (Sub-recipient) Travel Start Travel End Data Mileage Date ( Rate ( c) d) (e) I Certify that the above Information is true and accurate, that payment hes been matte ta the employees identified, and documentation of these transactions ar available for audit. ( ) - - Aothort, ISM PA 390. as aeasixted Cn,lov&.Pt VPit,P, asa compkrtrar nice-sear, 1. D.nstoe... to amslance Return detail (attached to the Reimbursement Request Coversheet) to Michigan State Pollee. Emergency Management and Homeland Security Division, Attn: Financial Section, 4000 Collins Rd , Lansing, MI 48910 EMD,057i Ci2008; INSTRUCTIONS FOR COMPLETION OF TRAVEL REIMBURSEMENT DETAIL tEMD-057 General Information • A separate Travel Reimbursement Detail (EMD-057) must be completed for each grant solution area and individual exercise. Only this form will be accepted. • A Travel Reimbursement Detail (EMD-057) must be completed whenever requesting travel reimb-esernent. No Exceptions. • CalWated fields on the Travel Reimbursement Detail (EMD-057) are protected and cannot be accessed electronically. • The Travel Reimourserrent Detail (EMD-057) must be submitted with the corresponding Reimbursement Coversheet. • Mail completed forms to; Michigan State Police, Emergency Management and Homeland Security Division. Attn: Financial Section, 4000 Collins Rd„ Lansing, MI 48910. a. Contact and Activity Information; - All applicable Contact and Activity Information must be completed - Primary Agent is the locally designated contact for the grant. - Agency would be a Sub-recipient receiving funds through the Local Eme:-gency Management Program. - Type of grant Activity or Event, e g. TT Exercise, Flood Disaster. Mitigation Protect, Training. Cofference, etc. b. Employee Name: - Enter employee's last re/re. fe -st name, and Middle initial C. Travel Start Date: - Enter start date of employee's travel d. Travel End Date: - Enter end date of employee's travel: •, Mileage Rate: - Enter applicable mileage rate per mile. - Mileage reimbursement rate cannot exceed allowable sub-grantee rate or state rate. whichever is less. - If sub-grantee has riot established a mileage rate, then state rate must be used - For the current list of state mileage rates: 1ltte://www.michlgan.govidmb/0,15e7,7-150-9141_13132---.00 hen! - DO NOT submit for reimbursement on the Travel ReMbursement Detail (EMD-057) for first responder vehicle use based on the FEMA Equipment Rate Schedule. Those reimbursements MUST be submitted on the Supplies and Other items Detail (ENID-050). f. Total Miles: - Enter total miles traveled round trp. g. Mileage Amount: - No entry required. this is a calculated field. h. Number of Days Lodging: - Enter total number of days lodging. I. Lodging Amount: - Enter total arnounl for 'ocging, This cell does NOT automatically calculate the total. - Lodging reimbursement cannot exceed allowable sub-grantee rate or stale rate, whichever is less. - For the current list of state lodging rates: httpliwww.michigan.govidmbi0,16C7,7-150-9141_13132---,00.html - Lodging reimbursement is limited to room charge, applicable taxes, and local use fees. No other additional expenses will be reimbursed. - Sub-grantees must keep copies of paid receipts to verify lodging expenses and make them available at time of audit J. Meal Codes: - Enter the meal code ("B" - breakfast, "L" - lunch, and "D" - dinner) Viewed by the number of eligible meals for each. Example . 48,2L.4D. - Group meals are NOT submitted on the Travel Reimbursement Detail (EMU-057). Out are submitted on the supplies and Other Items Re,mburument Detail (EMD456). K. Meal Amount: - Enter the total cost for all eligible meals listed in the 'Meal Code' COUrnn. This cell does NOT automatically calculate the total - Meal reimbursement cannot exceed allowable sub-grantee rate or state rate, whichever is less. - For the current list of stale meal rates. http://www.mIchigan.govldmb/0 1007.7-150-9141_13132---.00.hlml I. Other Expenses; - Enter any "other eLgible expenses incurred while traveling, such as tolls or parking fees. m. Description of Other Expenses: - Briefly describe the "other elgib'e expenses the employee incurred while traveling. n. Total Expenses: • No entry required, this is a calculated f eld. o. Sub-grantee's Authorized Financial Representative - An authorized fnancial representative (person who can certify that all travel expenses have been peel) must print their name. title, and phone number, as well as sign and date the Travel Reimbursement Detail (EMD-657). Reviser' nionna EMD.056 .(1/2003). all-CHiGAN STATE 5-'0LIC:E Local Emergency Management Program I Fiduciary Primary Agent's Plume Primary Agent's Fax Page of Type of Activity or Event Date of Activity or Event Total Expenses (e) _ $0.00 $0.00 $0.00 $0,00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 _ $0..00 _ $0.00 _ $0.00 Print Name and Title SUPPLIES AND OTHER ITEMS REIMBURSEMENT DETAIL Reference the attached instruction sheet before completing this detail Contact and Activity Information (al_ Year and Title of Grant from Grant Agreement Primary Agent's Name Agency's Name and Phone # completing the form if different than the local EM Program (Sub-recipient) ( Company or Vendor Name (one onvOice, purchase order, or receipt per line) (3) Paid Amount $0.00 $0.00 $0.00 — vs.® — $0.00 — — $0 00 — $0.00 — 50. 00 — — $0.00 — $0 CO — • - $0 00 — — $0.00 -- $0.00 — $0.00 — $0 00 Description of Supplies and Other Items (contractors, COnSultants,instructor fees, course fees, food, non-alcoholic beverages, building/sae rentals, _ Grand Total = Sub-grantee's Authorized Financial Representative (f) Phone Number T- Signature certify that the above informabon vs fro* and acsurate, that reimbursement is being requested for authorized expenditures only, and documentation for these transaction-a is available for audit. ) Date Return detail attachect to the Reimbursement Request Coversheet) to: Michigan State Police. Emergency Management and Homeland Security Division, Mn: Financial Section, 4000 Collins Rd.. Lansing. MI 48910 Ruth cuity I 97€ P0.390, it& alatortcant Corrpletrar, Voluntary. bui CCM pinion tleGrItorro raxb osnentlOttot tor aurotanca — -• f • 0. • ENID-056i {-1/2nce) INSTRUCTIONS FOR COMPLETION OF SUPPLIES AND OTHER ITEMS REIMBURSEMENT DETAIL E Vli -( • General Information • A separate Supplies and Other items Reimbursement Betel, (EMD-056) must be completed for each grant solution area and Individual (MGM's°. Only this form will be accepted. • A Supplies and Other Items Reimbursement Detail (EMD-(156) must be completed whenever requesting reimbursement for supplles and other items. No Exceptions. • Calculated fields on the Supplies and Other Items Reimbursement Detail (EMD-056) are protected and 3annot be accessed electronically. • The Supplies and Other Items Reimbursement Detail (EMD-056) must be submitted with the corresponding Reimbursement Coversheet (EM0-0,S4). • Mail completed forms to: Michigan State Police, Emergency Management and Homeland Security Division, Attn: Financial Section, 4000 Collins Rd., Lansing, MI 48910. a, Contact and Activity information: - All app table Contact and Activity information must be completed. - Primary Agent is me locally desgrtated contact for the grant. • Agency is a Sub-Tecipient •,eceiving lundS through the Local Emergency Management Frograrn. - Type of grant Activity or Event. e_g IT Exercise, Flood Disaster, Mitigation Project, Training. Conference, etc: b. Company or Vendor Name: - Enter Inc Company or Voldcr Name. - Each invoice, purchase order and receipt must be listed separately. - Sub-grantee must keep and make available at time of audit a copy of 3 paid receipt or check. c. Paid Amount: - Enter one total for each invoice purchase order, or receipt. Do not list each item separately. d. Description of Supplies and Other Items Expenses: - Briefly describe the types of supplies and other items purchased. - Other Items include contractors, consultants. instructor fees. Wyse fess, food, non-ac.oholic beverages, bulk-log/site rentals. etc. 4). Total Expenses: - No entry required. tnis is a calculated field 1. Sub-grantee's Authorized Financial Representative - An authorized financial representative (person who can certify that all supplies and other items purchased have been paid for) trust print their name. title, and phone number, as well as sign and date the Supplies and Other Items Reimbursement Detail (EMD-056). Revised 01/20013 NANCE.,ZQMMITTEE t . A 5eptember 2, 2009 FISCAL NOTE (MISC. 109188) BY: F=NANCE COMMITTEE, TOM MIDDLETON ., CHA=RPERSON IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - ACCEPTANCE FOR 2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM - MONROE COUNTY FIDUCIARY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS ChairperBon, Ladies and Gentlemen: PurEuant to Rule XII-C of this Board, the Finance Co=ittee, has reviewed the above referenced resolution, and finds: The U.5. Bepartment of Homeland Security, through the Federal Emergency Management Agency ;FENA) for the State Homeland Security ;_rant 2rogt-am, has awarded funding for Region 2 in the StC,E2 of Michigan, which includes, but 1s not limited to, the following politi ,:,7a1 subdivisions: City of Detroit and MadoMb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. 2 The State of Michigan has awarded Oakland County as fiduciary for Monroe County reimbursement for qualified expenses up to, but not exceedtng, $50,928 for the State Homeland Security Program and $521,216 for the Urban Area Security :nitiative, for a total of $572,154 with no county match or in-kind contribution required. 3. The grant period is September 1, 2008 through May 31, 2011. 4. The future level of service, including personnel, will be contingent upon the level of funding available from the State, 5. A budget amendment is recommended to the FY 2309, FY 2010, and YY 2011 Budget to recognize the grant award as follows: FY 2009 FY 2009 Thru thru FY 2011 FY 2011 Adopted Amended Buaget_ Amend. Budget Fund 29340 3R0C30000454 Revenue 1060601-115126-61'3313 Federal grant Rev. $572,154 $572,154 Expenditures 1060601-115126-750567 Trning-Edu. Supp. C 186,219 186,319 1060601-115126-760126 Capital Outlay Misc. 0 192,917 192,917 1060601-115126-76C:57 Equipment 0 192,918 192,51E! Total Expenditures $572,154 $572,154 Finance Ccm7ittee Vote: Motion carried unanimously on a roll call vote with Zack absent 4 Resolution #09188 September 2, 2009 Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Burns. CapeIlo, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin. Greimei, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter. Potts, Runestad, Schwartz, Scott. Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). 1 HEREBY APPROVE THE FOREGOING RESOLUTION STATE OF TvliCHIGAN) 7/0 l oy 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 September 2. 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 2nd day of September, 2009. gide Ruth Johnson, County Clerk