macomb countyboc.macombgov.org/sites/default/files/content/government... · 2019. 12. 16. · board...

BOARD OF COMMISSIONERS I S. Main St, 9!h Roor

Mount Clemen;;. Michigan 48043 58a469-5125 FAX 586-469-599)

macombcountymi. govlboardofcommis;;ioners

PUBLIC SAFETY AND CORRECTIONS COMMITTEE

TUESDAY, SEPTEMBER 14, 2010

AGENDA 1, Call to Order

2. Pledge of Allegiance

3. Adoption of Agenda

4. Approval of Minutes dated August 10, 2010 (previously distributed)

5. Public Participation (five minutes maximum per speaker, or longer at the discretion of the Chairperson related only to issues contained on the agenda)

6. Approve Sheriff's Office 2011 BUdget Plan for Reductions (mailed)

7. Approve Equipment Request for Traffic Division I Sheriff's Office (mailed)

8. Adopl2010-2015 Macomb County Hazard Mitigation Plan I Emergency Mgmt. & Comm. (mailed) (A copy of the Plan is available for viewing in the Board Office Library, as well as a CD version)

9. Accept and Enter into 2007, 2008 & 2009 Homeland Security Grant Program Interlocal (mailed) Funding Agreements with Oakland County I Emergency Management & Communications

10. Accept and Enter into FY 2009 Operation Stonegarden Grant Agreement / Emergency Mgmt. (mailed) & Comm.

11. Approve Request 10 Purchase Air Purifying Respirators and Related Equipment I Emergency (mailed) Management & Communications

12. New Business

13. Public Participation (five minutes maximum per speaker or longer at the discretion of the Chairperson)

14. Adjournment

MEMBERS: DiMaria·Chair, BoylewVice Chair, Sauger. Rocca. Doherty, Crouchman, Tocco. Carabelli, Sprys and Gieleghem (ex-officio)

MACOMB COUNTY BOARD OF COMMISSIONERS Paul Giele~hem Ka\hy T()~"" Joan Flynn Dis<n~1 19 Dislnel20 Dislnel6 ,h,;mlan VICe Chai' 5ergcanl_A,.Arm,

""oo,ey lluzJ,I . l)i<lnc1 J Sue RO<:<:a _ Dis\rIcl 7 hiroc< L Cambelll- Di"rie' 12

Ma"'in E. $auger 1),"n<-12 DaVId Flynn _ DTSITicl S f),-'n Am"'" DlSlrie' 13 Ed Brule}' - n,,,T'i~, n Will,a,,, A. (',pueh"",,, . DisiricI2J

Phillip A D,Marl.· l)i,\T'i(l.l Roben Mijac. D,,\rlc'o Ari'''' Ardak· DisinCI 14 DanaCamph"u,.Pe'c,,"'" 1);<lT'ie'IR Michael A B"~'le D<Slrlc' 24

Toni Mocerl _ Di",i~, 4 Ken Lampar· D\",,;e, 10 Kei\h k.n~e" DiSl",' 15 Irene M. Kepler. I.~"";<'L ~ I Kalh' D V"'~''''! _ Dis"ic' 2~

Susan L DoheTl\ . D"lrle' 'i F.d $7.C7.epan,"· DlSlricl II Care} 1,,,,;,," f),sIf;cI16 l'r.m~ A<',a.-i"; J,.. D,<lnc, 22 Jeff"" ~ ~r"'< D,-"rl,126

RESOLUTION NO.

FULL BOARD MEETING DATE:

AGENDA ITEM:

MACOMB COUNTY, MICHIGAN

RESOLUTION TO: To approve the Sheriff's Office's 2011 budget plan for reductions as presented and forward

to the Budget Committee.

INTRODUCED BY: Commissioner Phillip A. DiMaria, Chairman, Public Safety & Corrections Committee

COMMITTEE/MEETING DATE

PSC Committee/September 14, 2010

MARK A. HACKEL - ----....------............--............--~~.........~~--OFFICE OF THE SHERIFF----------------Kent B. Lagerquist

UNDERSHERIFF

TO: Commissioner Phillip A. DiMaria Chairman, Public Safety and Corrections Committee

DATE: August 13, 2010

RE: PSC Committee - September 14, 2010

Please consider this my formal request to be placed on the Public Safety and Corrections Committee Agenda on Tuesday, September 14, 2010.

At the July 13, 2010, meeting I presented an update on the Sheriff's Office 2010 budget and indicated we were in the process of preparing our plans for the 2011 budget. We have completed that plan and wish to present it to the committee at the September 14, 2010, meeting. Copies of the presentation will be supplied to the commissioners.

Please contact me if there are any questions or concerns.

Respectfully,

~/~ Sheriff Mark A. Hackel

43565 ElizabeTh Rd.• ;\11. Clemen~, Michigan 4H().13· Phone (586'1-'i69-5151 • Fax (5H6) 31)"""'-91121 """VlVl .M:KC1ffi b-She riff.cOIII

Base Pay

aT Prisoner Meals

CS - Medical

Base Pay

aT Prisoner Meals

CS - Medical

Budgeted 2010

$ 24,663,090.00

$ 3,757,505.00

$ 1,341,736.00

$ 6,213,888.00

Actual 08/31/2010

$ 15,322,225.93

$ 1,848,954.94

$ 992,704.96

$ 3,295,466.34

Actual 08/31/2010

$ 15,322,225.93

$ 1,848,954.94

$ 992,704.96

$ 3,295,466.34

Actual 08/31/2009

$ 15,905,839.51

$ 2,264,965.02

$ 805,719.52

$ 3,689,393.79

% Used

62.1%

49.2%

73.9%

53.0%

Difference Between '09 & '10

($ 583,613.58)

($ 416,010.08)

$ 186,985.44

($ 393,927.45)

January

February

March

June

July

August

September

October

November

December

2009 Actual Expenses

$3,768,670.01

$4,892,048.66

$3,561,434.35

$4,721,969.17

$5,771,364.49

$4,312,910.79

$5,360,335.90

$4,736,995.71

$4,889,766.52

$5,779,816.77

$4,278,802.26

~8,105,925.25

$60,180,039.88

2010 Actual Expenses Jan-Aug

Projected Expenses Sept-Dec

$3,731,689.01

$3,744,012.70

$4,067,428.20

$5,354,556.04

$4,025,632.82

$4,445,120.74

$4,826,797.59

$4,179,555.74

$4,702,801.52

$5,592,851.77

$4,091,837.26

$7,518,993.25

$56,281,276.64

Difference

($36,981.00)

($1,148,035.96)

$505,993.85

$632,586.87

($1,745,731.67)

($132,209.95)

($533,538.31)

($557,439.97)

($186,965.00)

($186,965.00)

($186,965.00)

1$586,932.00)

($3,898,763.24)

2009 Adopted Budget

Revenue $13,128,490.00

Expenses $63,530,666.00

$50,402,176.00

2010 as of 8131/10 Adopted Budget

$15,812,621.00

$60,788,118.00

$44,975,497.00

2010 as of 1/5/10 Adopted Budget

$15,903,076.00

$61,721,583.00

2009 Final Budget

$13,336,312.00

$63,543,630.00

$50,207,318.00

2010 as of 8/31/10 Final Budget

$15,813,826.00

$59,515,013.00

$43,701,187.00

2010 as of 1/5/10 Final Budget

$15,903,076.00

$61,721,583.00

2009 Actual & Encumbered

$12,649,287.41

$60,204,399.90

$ 47,555,112.49

2010 Projected

$14,313,826.00

$56,281 ,276.64

$41,967,450.64

2010 Projected

$14,313,826.00

$56,281,276.64

Difference Between

Final & Actual

($687,024.59)

$3,339,230.10

$2,652,205.51

Difference Between Final & Actual

($1,500,000.00)

$3,233,736.36

$1,733,736.36

Difference Between Final & Actual

($1,589,250.00)

$5.440,306.36

RECYCLABLE PAPER

RESOLUTION NO.

FULL BOARD MEETING DATE:

AGENDA ITEM:


RESOLUTION TO: Approve the purchase of 4 complete digital video systems, 1 workstation upgrade, 4 radar

Units, 4 laser radar units, and 3 e~tjcket redars/prinlers for the Traffic Division. Total cost for this request is $77,371.00.

Funding is available through the secondary Road Patrol Traffic Grant (416)

INTRODUCED BY: CommissiOner Phillip A. DiMaria, Chairman, Public Safely & Corrections Committee


PSC Committee/September 14, 2010

MARK A. HACKEL

TO:

FROM:

DATE:

RE:

OFFICE OF THE SHERIFF !b

Kent B. LagerqUist UNDERSHERIFF

Commissioner Philip DiMaria, Chair Public Safety & Corrections Committee

Sheriff Mark A. Hackel

September 7, 2010

PSC Agenda - September 14, 2010

Please consider my formal request to be placed on the Public Safety & Corrections Committee Agenda on Tuesday, September 14, 2010.

This request is for the following equipment needed for The Traffic Division: four (4) complele digital video systems ($28,149) and one (1) workstation upgraded over to accommodate digital video system ($29,290); total cost for these two items is $57,439. This equipment is being procured from our current vendor due to the proprietary nature of the system. This system is currently in use with our Traffic Division.

Additional items being requested are four (4) radar units at a total cost of $5,352, four (4) laser radar units at a total QQst of $11,180, and three (3) e-ticket readers/printers (not to exceed $3,400). This equipment is for grant funded traffic vehicles and deputies and is being purchased through current providers.

Total cost for this request is $77,371.

Funding is available through the Secondary Road Patrol Traffic Grant (416).

Thank you in advance for your consideration in this matter. If you have any further questions or concerns please feel free to contact me at your convenience.

Respectfully submitted,

Sheriff Mark A. Hackel

/dk

"(')56':; Elizabeth Rd.• Ml. elL-mens, Michigan 4804:3 • Phone (586) .:i,(iCJ-':;151 • Fax (586) 30:-9(121 v,cv.w .;\bcom 1.1- Sheri ft. com

communications Quotation Mobile-Vision, Inc.

M~C,,"'b Co, Sheriff's Office Date: 8;1812010 4)&65 Elizabeth 51.

MOUNT CLEMENS, MI 48043·1034 Quolalion Number: 0086~

Prices Vallo' Unlil: 1011712010

Altention- Page

OTY DESCRIPTION UNIT PRICE AMOU'"

, lSMVDR50SDEP DES PRO R5D5 Server, Ratl<, 5TB RAID 6 DASD, 8 Core Xenon S21.845 00 $21,845.00 Processors, 4GB RAM DVM Server. Slorage 1\ Distribution System, Rack Ccmnguralian DU312.26 GHl Quad Core PrOC<lSSOfS, 4 GB RAM, 5TB

Usable RAID 6 Red'"!,,! v5 Enlerpnse LinuxOS I P0511lreSoi Dalabase DVD-Rom, mDn<!or, Keyboard, Mouse, CF Card Reader 8 pM 10/100/1000 Elase T-switch Digital Evidence Sofl\loare: Base Module, Intelligenl Downloadi"!! Module, Archiver module Case Modul" Consumer DVD Module

, L$MVDDVDDL1XI Workslalion, Tower, 140GB DASD, 2 Core Int",1 P'oce5$Ors, 1 GB RAM. $3,99S.00 $3,995.00 OVO Backup System. 2.8 GHz Dual COle Processors, 1 GB RAM, 140GB OASD Windows XP, OVD·RW, Monitor. Keyboard. Mouse MVI Archi~lnQ

Software Dual La ",r DVO RObOt wl100 ~;sc ceoae; 100 DVD-R Discs

, MVD·OEP-6T2 SOlulion ConnQuration I Training $3,350.00 S3,350.00 S~slem build out and eonfi uraticn Ius 1 da~ (on·siteltralmna

I:Pr1o'tlg rIo6s not /nCIud81nstB11s1Jon dIM ICV's M1t«II1s, netwofk widrig or Iri'eI.-r /KQW ~ II'fJrMJ I SUBTQTAL 129,190.00

$0.00DELiVERY: 30 Days or Less ARO Sales Tax (As ReGweed)

CREDIT TERMS: Net 30 Days Shipping win the continental USA ~ia UPS Ground $100.00

$29,290.00OTHER STA7EtOC4L FEES: Not Included TOTAl:

90 Fanny Roa~ 6ccnlcm. NJ 07005 voice: (800) 336-8475 Fax [973) 2~7·3024

E·Mail Address: sales.mvi@L·3com.comWebPalle:_.L·3com.comIMV

communications Mobile-Vision, Inc.

90 Fanny Road Boonton, NJ 07005

Phone: (800) 336-8475 Fax: (973) 257-3024

Sold TO;

Macomb Co. Sh~rirrs Office 43565 Elilab~lh 51 MOUNT CLEMENS, MI 4B043.1034

Conftrm To:

Sgt. Larry Dud..

L-__...;Q;.;u;;;o;.;te;"'_.....J1

QUOTATION NUMBER:

QUOTATION DATE:

00815361

9/1/2010

SALESPERSON:

ClISTOtolER NUMBER:

as

MIMACOM

Ship TO: Macomb Co. SMriffs Office 43565 Elizabel~ $1 MOUNTCLEME:NS, MI 48043-103>1

Bill"TO Phon~ (586) 459-5151 Page: 1

C~sttlmllfP.O. ShlpVlA f.O.B.

UPS GROUND BOONTON, NJ

IUIm Number UoO Ordered Sale Pr1ce Amount

MVD-FB2DVS-2 EACH 400 5.295.00 4,691.00 18,764.00

Flashback 2 Digital Video Syslem wNLP2 assy

ECCN No 5AQ02 I-fS Tariff No: 8521900000 No'~r Inc:udes Software UpQrade

IINSTALLATION EACH 4.00 302.50 Ul000

Sales -lnSlllllal;On

EGCN No: HS Tariff No: NOle: Inst~lIa\ion Only is $ 302,50, It the in~I~lle' h~~ 10 do an ExlreCl and In~leli. Ihe cosl would instead be ! 41250

~lVO-CRASH·BAT EACH 4.00 150.00 150.00 600.00

Collision Sensor (Trl9gers OVR lor ,ecording when involved in cra'h)

ECCN No: EAR99 HS Tariff NO; 9031808080 MVD-IR-CAM EACH 400 ~95.00 295.00 1,180.00

Option, FI~.hback IR Camera w/cabl...

ECC... No; EAR99 HS Tariff No: 852S80 MVD·B61S·A·ASSY EACtl 1.00 795.00 195.00 195.00

Wireless Access Poinl wlExlernal Mounled Anlenna

ECCN No, HS Tariff No' lEMA 5TO YR 1 EACH 4.00 250.00 COOO.OO

Sales EMil. Standaro Yo' 1

ECCN No: H8TaritrNo, lEMA 8TD YR 2 EACH 4,00 300.00 1,200,00

Sales EMil. Standard Vr 2

ECCNN,,· HS Tariff No: lEMA sm YR J EACH 4.00 :)15.00 1,500.00

Sales EMil. Standard Yr J

ECCN No: HS Tariff No

Con~nued

communications Mobile-Vision, Inc.

gO Fanny Road Boonton, NJ 07005

Phone: (800) 336-8475 Fax: (973) 257-3024

Sold To: Macomb Co. Sh""irr~ Office 43555 Elinoelh 51 MOUNT CLEMENS, MI 48043-1034

Conllml To:

Sgl. Larry Duoa

Quote'-.....;...._......I QUOTATION NUMBER;

QUOTATION DATE:

0085361

9/112010

SAl.£SPERSON:

CUSTOMER NUMBER:

8S

MIMACOM

Ship To: Macomb Co. Sheritf's Ollice 43565 EI:ZBbelh St. MOUNT CLEMENS, 1.11 48043-1034

Bill-To Phone: (586) 469-51 5 \ Pege: 2

Cu:rtoI'TlllfP.o. ShlpVIA F.O.B. TermB

UPS GROUND aOONTON, NJ Ne\JO Days

11IlIT1 Number u"' Rml PrbI Amounl

lEMA STO YR 4 EACH 4.00 475.00 1,900.00

Sales EM-'" SLand",d Yr 4

ECCN No HS lantl No: Pleas@NOI8·

Prlcmg does nOl include physical inSlaliatiOn of (he anlenna, Flashback DVR or any nelW<l'O:. ....iring.

Agency responsible 1(> run CATS cable wilh RJ45 O:lnnec\ors at both ends ano CQMeCI oelween server enc access points

Thank you

Signing bell>w ie In II... of e fonnal P.O.

Your eionalure will euthonn .c(:.p~nc" or both pricing and product:

Sublolal 28.149.00 Sign: Date:

Shipping and Handling: 0.00

•..·QUOTATION IS VALID FOR 60 DAYS •••• Sales Till(: --,:::-:::::o.~o::-oI I OtderT(I\lII; 28,149.00

'The~ roml1Ulities. lec~nolog~ ~r software Wl!re e~por1ed from me Unl!ed Slates in acoofdarw .....illlihe E>:lXlrl AdminiU,alon Re~ul~lions, OrvelSlOn conlrar)' \0 U.S. la..... isllQhitli!ed.'

k((((((( Quotation KUSTOM SIGNALS, INC. A SUBSIDIARY OF PUBLIC SAFETY EOUIPMENT, INC 932S P~umm, lenexa KS S6215-3:W7 913-492_1400 Fax 913..492·1 r03 [email protected] www,kuslom,.ign~15_com

Date 0910112010

To,., SGT LARRY nUDA MACOMB COUNTY SHERIFF DEPARTMENT

43565 ELIZABETH 5T

MT CLEMENS MI 48043·1034

Quote II 340998985835546 Term$ Nel30 This Quote Elpire~ on Phone 586-469-5151 Fn 586-469·6542

1\/JO/2010

.Q.!r PnHJuct Description UnitPrice SubTotal

MICHIGAN STATE CONTRACT Ii 07lB200247 IJ'liCLUDES SHIPPNlG AND

HANDLING

4 PROLASER III INCLUDES BATTERY MODULE AND CHARGER, AND $2,795.00 $11,180.00 STRAIGHT POWER CORD

ALSO INCLVDES A COILED CORD AND A CARRYING CASE on SeMte Contracl

4 PROLASER III BATTERY PACK (BATTERY ONLY CHARGER NOT $117.00 $468.00 INCLUDED)

4 PROLASER III BATTERY PACK (BATTERY ONLY CHARGER NOT $-117.00 $-468.00 INCLUDED) (free to loynl customer)

Total $11,180.00

5',""", f4L~'fJ~cUb • AppJitlble Slllcs Tu Not Included. Seller may tharge Buyer II 25% reuodung fer . .... Order subject (Q IIgreement between Kustom Signals and tustomrr lln configunlion and terms u" ..... P3ymenl Tnms: Net 30 from date ofln\loice •••

Phyllis Roberts, Account Manager

9315 Pflumm Lenexa Kansas 66115·3345

FAX 913-492-1703 Phone 800-458·7866 EXT ]010

Toll F"e 800-4KUSTOM (800-458-7866)

k((((((( Quotation KUSIOM SIGNALS, INC. PIIl:C 1 of J A SUBSIDIARY OF PUBLIC SAFETY EQUIPMENT, INC 9325 Pflumm, Le"eu KS 6S21S-J341 913-492·1400 Fax 913.492.170:1 sales@kusromsJgnal'.c<>m www.kuslomsignals.com

Date 09/0112010

To... SGT LARRY DUDA QUOIt # 340998985875146 MACOMB COUNTY SHERIFF DEPARTMENT Tum! Net 30

ThiJ Quoce EJpirC5 on 11130120] 0 43565 ELIZABETH ST Phone ~!I6-469·5151

MT CLEMENS MI 4800-HlJ4 Ell 586-469-6542

Q.!r Product Description UnitPrict SubT(ltal

MICHIGAN STATE CONTRACT # 0718200247 INCI.UDES SHIPPING AND HANDLING

4 RAPIOR HP-I, DUAL K-BAND ANTENNA. DIRECTIONAL MODE Sl,.JJ8.00 55,351.00

Total S5,352.00

Si,""", WLd/j{~ * Applicable Salu Tn NlII Included. Seller may charge Bu)"rr II 25% rntoddng ree.

*** Order subject to agretmut between Kuslom Signllb and nntomfr on configuration Bnd lerm~ *** *"* Payment Terms: Net 30 from date ofln"oice ***

Phylli~ Roben~, Account Manager

9325 PRumm Lenexa Kan~a~ 66215·3345 FAX 913·492-1703 PhODf 800-458·7866 EXT 3010

Toll Free 800-4KUSTOM (800-458-7866)

500 Fairway Drive, Suite 204 Deerfield Beach, Florida 33441 954-354-3000 (Main) Proposal954-354-3001 (Fax)

Dale: 12/212009ADVANCED PUBLIC SAFETY www.aps_us A Trornblc Comp~n\'

Agency

Contact: Jeff Derowski

Agency Name: Macornb County Sllerlffs Oepar1men\ , I Contact Name: Sarah SalpoterIAddress: <:3565 EIIl.",betll Rd I I (95~) 354-3000 1257

City, State & Zip: rvlt C1",mens, MI 48043-1034 I LI ceec'c'Pc'clc'c'@cc:',Pc'c·cc' 1

Zebra RW420 therrnal prinler I Requires APS SmartCOllnect , , appllcat,r)r1 lo CJpc,r<lte properlY'J'3

, ~ with t>PS sCJft""Ht' .

Zebra RW420 V~i~~~I~ - .... I Zebra R\''''.120 \'ehlc:le Credle ~------ -1 $61 75 Cradle (Locking) {Clernisj " (Loc.klng); $185.25 2e~ra RW420 Baltery '-1 Zebf8 RV1.'4::0 8<Jliery ·-It--------'.I----;;cS~1C~'6~.7~2c-+-S-5-3-0-.-1-6---j

, Eliminator 12·voll Power Elimlnaluf 15 r",COIT"neTl(ICJd for 3 Supply (Cigarelle lighler ex(remE: temperatures ar,c for

I Ca'I)le) CLEfI.,1IS i fixed rnounlad applicallons Ellrninates the continuoos purchases of Lithiurn Ion

1 II batlerles PrlClllQ Expire~

, 03/31/10 '1 year:illlllOG II I n12nufacturG' warrartv ' Ii---1-e'-b-'-'-RZ

c,-,'V-2-2-0-,4-'-O-C---;1~"'8ra RV','nO/<:20 Cc:ble (US ~~.~-~_------ ----cS~-"2--0-0~1 3 {USB - RJ45 Cell'I!!,','II'; . RJ~5 C80Le ,,.,.ilh lock, o-Fl i 1$96.00

'eek 0-F' ~,'C"'llC, -~- -~~~

Zebr8 RW420 EXlended No Hassi,,,, ',Narram., CC/erlllg INar'8nly -1 Year Care 211 the laJor and p"li, required $538.023 Sta.--r!ard ',.' to keep prlll'el (".!',r<rl"~I?t

Comprehell$IVC (ClelTlls! high pertnrm.:;I~ce !,;.cls

(excluding accessor ''''''' 2'lc1 balleries) A:I ZeIJr,' i,L;IJ'I)lr,t'lll returnee for ~8rIICE: ·JnCer Ih,s 2greelTl"rll \\111 rE:cc,I.-E: a

L_ comple!e prE:'.. er~12t1\'e

m2lnlenanc€ procedure nnl wilt (;e rdw~!H,cJ '-'Ie; grOll;ld al no) adtlil.o"lal cost 3 10 5

, busincs~ da',- lead In-:e frorl I__

SIccc~:ec;:~oea .1 - $300.00II~ i Install by Tech

, I rSI1IPPlnQ & Handling Shipping & H2r,d:,rc; ----p-l~u-s- hipping/han~lling NET TOTAL (USO)

$3057.69

Pricing is guaranteed 90 days from date of proposal

Notes I

RECYCLABLE PAPER

g

RESOLUTION NO: _ FULL BOARD MEETING DATE: _

AGENDA ITEM:


RESOLUTION TO: Adopt the 2010-2015 Macomb County Hazard Mitigation Plan

INTRODUCED BY: Commissioner Phillip DiMaria, Chairman, Public Safety & Corrections Committee

See attached report.


~C-

EMERGENCY MANAGEMENT & COMMUNICATIONS

21930 Dunham Road Mount Clcmcns, Michigan 48043

Emergcncy Management 586--469-5270 FAX 586-469-6439 Tcchnical Services: 586-469-5370 FAX 586-78~-()957

Victoria Wolber September 2, 20 to Emt:rgt:ncy Mgt. Coordinator

Keith Br.lcbhaw Sea'icc Manager, Tochnical Services

TO Commissioner Phillip DiMaria, Chair Public Safety & Conections Committee C\

FR: Vicki Wolber, Emergency Management Coordinator \[LV RE: ADOPTION OF THE MACOMB COUNTY HAZARD MITIGATION

PLAN FOR 2010 - 2015

Per the Disaster t>.1itigation Act of2000 our county must have a cunent and approved Hazard Mitigation Plan in place. The purpose of the Hazard Mitigation Plan is to identify those natural and man-made hazards that pose a threat to the community. rank them based on their potential threat to the people and economy, and recommend mitigation projects to eliminate or reduce their impact The Plan is to be used as a planning tool to better prepare our county and citizens against and from emergencies and disasters. The plan also provides a mechanism for ce!1ain federal disaster and rnitigatilln grants that may be available to our county and local communities. Without this plan we wlluld not be eligible for a majority of these grant opportunilies.

Our 2010-2015 Macomb County Hazard Mitigation Plan was approved by the State of Michigan and the Federal Emergency f\Ianagement Agency. This document was developed by our office with input from all jurisdictions within the county. It also ineorporates comments received from the Federal Emergency Management Agency (FEMA) and the Michigan State Poiio.:e Emergency Management/Homeland Security Division.

Now that this plan has been approved it must be formally adopted by each jurisdiction within the county. Therefore, with your concurrence please place this item on the agenda for the September Board of Commissioner's meetings. Due to the excessive size of the plan, a paper copy is available in the Board of Commissioner's library. I have also attached a CD for their use and the document may also be found on our website at \'<\\ \\ .111ao.:ombcolintymi.gov/OEMiI IMP .htm

Please feel free to contact me at 469-6390 if you have any questions. Thank you. Paul r;idc~hc", KalhyTocmMACOMB COUNTY BOARD OF COMMISSIONERS J""" FI~·nn O"ln~, 1'1 Dis<ricl20 DISIriCl6 Chalrm"" VIce Chair Selgcanl-Al-Anrn

Andrey Dtrlyj - Di!llri~[ I S"" R<><= D"lriCl7 lames L Carabdli _ Di"r"_l I~

Marvin E. Sauger - Dislricl 2 DdVi<.J Aj·nn - D"tm'lll Don Hrown - Dislrict IJ E.:l 8ruley - O,,"'C[ 17 William A. Crouchmar'· DiS/riL.l 2J

PhillipA. DiMaria - DiSlricl 3 Robert Mijac _ D"Lncl 0 Rna" RrJal< D"lricl14 Dana Camph"u,_f't:'cr",," _ DiSlricl III Michael A Hoyle - Dislricl24

loni Moceri - Oislricl4 Kcn Lam!"'r - Di"nCl 10 ",,",It, R"ngcf1 - DiSlric' 15 Irene M. Kepler - Disuk, 21 Kalhj O. Vosburg - DI>lriC! 25

Su"", L. Doheny - Dislrict 5 Ed Szel.e!"'mu - D"In'~ II (m;' l':>mc. - DLSlnC' 16 Frnnk ACClvitti Ir.. DislnC[ n Ieffery S Spry< - Di'lrici 26

II u.s. Dtpa:rlmf'Jlt or.:S:omeJand;SccurUy:

I ,'IRegionV I II'

~36 South C1Jk Street. Floor 6 ' Chicago, IT. 60605

AUG 102010

Mr. Matt Schnepp State Hazard Mitigation Officer Michigan State Police Emergency :Management and Homeland Security Division AUG 16 2010 4000 CoUips Rd Lansing, Mi 48910

Dear Mr. Schnepp:

Thank you for submitting the Macomb County Hazard Mitigation Plan Update for our review. The plan was revi~ed based on the local plan criteria contained in 44 CFR Part 201, as authorized by the Disaster Mitigation Act'of2000, Macomb COUI\o/ met the required criteria for a multi-jurisdiction hazard mitigation plan. Formal approval of'this plan is contingent upon the adoption of thc current version of the plan by the County and all participating jurisdictions. Once FEMA Region V receives documentation of adoption we will send a letter of official approval to your office.

We look forward to receiving the adoptioD documentation and completing the approval process for Macomb County.

If you or the community has any questions, please contact Tom Smith at (312) 408-5220.

Tom Smith, Community Planner Risk Analysis Branch Mitigation Division

Attachment: Local Plan Review Sheets

TO: Paul Gieleghem, Chainnan Board of Commissioners

FROM: Victoria Wolber, Emergency Management Coordinator

SUBJECT:

Emergency Management & Communieations

Contract/Program Review Request ~~:;~~l:ij BOARD OF COMMISIONERS/COMMITTEE APPROVAL DATE:

PSC-9114/20l0 Risk Management & Safety

Full Board 9/23/2010

Title: 2010-2015 Hazard Mitigation Plan

File#:

Department: Emergency Management Contact Person: Victoria Wolber

Date Submitted: August 16, 2010 Telephone No.: 469-5270

Status: Check appropriate box

Initial Reyision-XX Extension Final-XX

Other (Please Explain Below) Other The 2010-2015 Hazard Mitigation Plan is the County and local plan that identifies hazards, strategies and projects for the entire county that will allow the County to be eligible for Federal and State Hazard Mitigation Grants.

OFFICE OF CORPORATION COUNSEL

Approved W Ie' ~ Date

Rejected Date

OFFICE OF RISK MANAGEMENT

Approved Date-g.-f4-Jl= Rejected Date

FINANCE DEPARTMENT

DateApproved

DateRejected

ContractIProgram Synopsis

RECEIVED RECEIVED *When Rejected Attach Explanation AUG 3 I 2010

AUG 20 2010 MACOMB COUNTY

CORPORATION COUNSEL FINANCE

RECYCLABLE PAPER

9 RESOLUTION NO: _ FULL BOARD MEETING DATE: _

, AGENDA ITEM:


RESOLUTION TO: Accept and enter into the 2007, 2008 & 2009 Homeland Security Grant Program Interlocal Funding Agreements with Oakland County.

!NTRODUCED BY: Commissioner Phillip DiMaria, Chairman, Public Safety & Corrections Committee



he- q-\~-\O

EMERGENCY MANAGEMENT & COMMUNICATIONS Technical Services Division

21930 Dunham Road Mounl Clemens, Michigan 48M3

586-469-5370 FAX 586-783-0957

Victoria Wolber Emergency Management September 2, 2010 Coordinator 469-5270

Keith M. Bmdshaw Senicl' Managt>f 469-6433

TO: Commissioner Phillip DiMaria, Chair Public Safetv & Corrections Committee

FROM: Vicki WOlb~r, Emergency Management Coordinator 0 Emergency Management & Communications ~LLJ

RE: 2007,2008 & 2009 Homeland Security Grant Program Interloc<ll Funding Agreemcllt between Oakland <llId t\lacomb Counties

Attached are copies of the 2007, 2008 and 2009 Homeland Security Grant Program Inter local Funding Agreements between Oakland and Macomb Counties. which require the signature of the Chairman. These agreemcnts arc necessitated for the county to participate in the regional funding provided for under each of the respective Homeland Security Grant Programs. The county, through our office, receives our own allocation under each oftbese grant programs. which includcs our own grant 'It;reements with thc State of tvlichigan. Howevcr, for some programs and projects that are regioml in nature, Oakland County serves as thc fiduciary for Our Southeast Michigan Urban Area Security Initiative (UASI) Board.

Thc attached agreements delineate the rclationship for these rcgional funds, betwccn Oakland County as the fiduciary. Macomb County as a participating member ofthc ro.::gion and the UASl Board. A similar agreement was executed by thc county in February of 2007 for the same purpose for the FY 200t) Homeland Sccurity Grant Program.

With your C01KUITcnce, please place thcsc agreements 011 the agenda for the September 14,2010 Public Safety & Corrections Commillee meeting tor consideration. A Contract Re~'iek' has been completcd on each of these agreements. If you have any questions. please contact me at 9-6390. Thank YOll.

IV\v

fIllnl Gielegbem Kalb~TllCm Joan Flynn MACOMB COUNTY BOARD OF COMMISSIONERS Disuiel 19 Dis"iCl 2lI DistricI6 CllailTl\lln Vi.,.. Chair Sergeant-Ai-Arms

Andre}' Dlllyj . DistriCl I Sue RCIC"3 _ Di'rriel 7 JIlIDO" L Cambelli _ Dimici 12

M""'in E. Sanger - Distri<;1 2 na\'id Flynn - Dismci 8 Don Bmwn· Disrrici 13 Ed Bruley _ Di.lrici 17 WilliamA. Crouc:/,man- DiSlrietll

Phillip A DiMario - D••lrkt J Rober1 Mijac _ Districr 9 Brian Brdat - Disrriel 14 Dana l.lllTlphous-Peler.;on - Dislricl18 Micbael A Boyle _ DiSiricI24

Toni Mocori _ D;<rri<'< 4 Ken Lamp"'· Disirici 10 Keith Rengm _ District 15 I~ M. Kepjer - Dislricl 21 Kalh}' D. \bsbur~ - Di.mel 25

F......... ACCllvil'ti Jr. _DiSlricI22 Jeffery 5 Spl)' - Di"ricl 265noan L I:loIlo.rry - Dimi<.1 5 Ed S=epan.o;l<J - Districi 11 Carc:y TOfTice - Dismci 16

----------------------

TO: Paul Gieleghem, Board Chairman Board of Conimissioners

FROM: Victoria Wolber, Emergency Management Coordinator Emergeney Management & Communications

SUBJECT: ContractIProgram Review Request

BOARD OF COMMISIONERS/COMMITTEE APPROVAL DATE: esc September 14, 2010; Fll]] Board September 23, 2010

Title: 2007 HSGP Interlocal Funding Agreement with Oakland County


Date Submitted: August 10, 2010 Phone No.: 469-6390


Initial Revision Extension Final X

Other (Please Explain Below)

Other

OFFICE OF CORPORAnON COUNSEL

Approved ~ /( ~__ Date

Rejected Date

OFFICE OFRISK~

DateApproved ~ f I, It ,Ilo Rejected Date

FINANCE DEPARTMENT

DateApproved ~,»&-,~,,--,,-= =w=== _

Rejected Date

ContractIProgram Synopsis *When Rejected Attach Explanation

RECEIVED AUG 17 20iO

CORPORATION COUNSEL

2007 HOMELAND SECURITY GRANT PROGRAM INTERLOCAL FUNDING AGREEMENT

BETWEEN OAKLAND COUNTY

AND MACOMB COUNTY

This Interloeal Funding Agreement ("the Agreement") is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac. Michigan 48341 ("Fiduciary"), and Macomb County, a Michigan Municipal Corporation, 10 N. Main, Mt. Clemens, Michigan 48043 ("Political Subdivision"). In this Agreemcnt the Fiduciary and rhe Political Subdivision lllay also be referred to individually as "Party" or jointly as "Parties."

PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1%7,1967 PA 7, Mel 124.501, ef 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 Rcgion 2 Planning Board regarding the 2007 Homeland Security Grant Program ("Grant Program") and use of Grant Program funds, ineluding but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Gront Program funds, and/or reimbursement for certain salaries andlor overtime with Grant Program funds.

Oakland County. Michigan \vas elected and appointed Fiduciary for the 2007 Homeland Security Grant Program by Region 2 Planning Board via a resolution datcd November IS. 2007.

Oakland County accepted the position of Fiduciary and as a result entered into the 2007 Homeland Security Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program.

In consideration of the mutual promises, obligmions, representations. and assurances in this AgreemCllt, the Parties agree to the following;

L DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, \\'ichin or without quotation marks, or possessive or nonpossessive. shall be defined, rcad. and interpreted as follows.

1.l. Agreement means the terms and conditions ofrhis Agreemcnt, the Exhibits attached herl:to, and any other mutually agreed to written and executed modification, amendment, or addendum.

1.2. Claim means any alleged loss, claim, complaint, dcmand for relief or damages, cause of action, proeeeding. judgment, deficiency, liability, penalty, fine. litigation, costs. and/or expenses. including, but not limited to, reimbursement for attomey fees, witness fees, COlut

costs, investigation expenses, litigation expenses, and amounts paid in settlement, whieh 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 otheffi'ise.

Pagel 2007 Homeland Security Grant Program Funding Agreement - Final

1.3. Dav means any calendar day beginning at 12:00 a.m. and ending at II :59 p.m.

lA. Fiduciarv means Oakland County, a Constitutional Corporation including. but not limited io, its Board, any and all of its departments, di ...·isions, elected and appointed officials, direetors, board members, eouncil members. commissioners, authorities, eommittees, employees, agents, volunteers. and/or any such persons succes::;ors.

1.5. Political Snbdivision means Macomb County, a Michigan Municipal Corporation ineluding, but not limited to, its Board, any and all of its departments, its divisions, elected and appointed officials. directors, board members, council members, commissioners, authorities, committees, employees, agcnts. subcontractors, attorneys, volunteers, and/or any such persons successors.

1.6. Region means the area eomprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency management distriet and the Office of Public Health Preparedness bio-defense network regIOn.

1.7. Region 2 Homeland Securitv 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 Statc emergency management distriet and the Office of Public Health Preparedness bio-defense network region.

1.8. 2007 Homeland Security Grant Program ("Grant Program") means the grant program deseribed and explained in Exhibit B \·vhich began July 1,2007 and ends Mareh 31, 2010. The purpose of the Grant Program is to prevent, deter, respond to, and reeover from incidents of n<llionaJ significance including. but not limited to. threats and incidents of terrorism.

2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement.

2.1. Exhibit A - Region 2 Homeland Security Planning Board Resolution; re: 2007 Homeland Security Grant Program FiducialY;

2.2. Exhibit B - 2007 Homeland Security Grant Program Agreement bet\veen Fiduciary and the State;

2.3. Exhibit C - Transfer of Ownership Agreement/Equipment Receipt and Acceptance; and

2A. Exhibit D - Request for Reimbursement Form~.

3. FIDliClARY RESPONSLBILITIES.

3.1. The Fiduciary shall comply with all rcquiremcnts set forth in the Grant Program Agreement bctween the Fidnciary and the State of Michigan.

Page 2 2007 Homeland Security Grant Program Funding Agreement - Final

3.2. The Fiduciary shaH comply with all requirements set forth in the 2007 Homeland Security Grant Program Guidance.

3.3. The Fiduciary shall purchase equipment with the Grant Program funds in accordance with the Fiduciary's purchasing policies and procedures. The Region 2 Planning Board shall detem1ine v,'hat type of equipment ....·ill be purchased and who shall receive such cquipmenl.

JA. 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: (lJ the equipment purchased; (2) the eost for each piece of equipment: 0) whal Political Subdivision the equipment is transterred to; and (4) the physicallocatiol1 of the equipment.

3.5. The Fiduciary shall transfer ownership and legal title to the equipment purChased ",,'ith Grant Program funds to Politieal 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 Owncrship Agreement on behalf of the Fidueiary and the Chainnan of the Board of Commissioners 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 equipmcnt thal 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 Fornls, attached as Exhibit 0, arc properly executed by the Parties. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Fonns on behalf of the Fiduciary and the Emergency Management Coordinator of Emergency Management & Communications (his/her designee) shall execute the Fonns on behalf of the Political Subdivision.

3.8. The Fiduciary shall reimburse the Political Subdivision, as directed by the Region 2 Planning Board, with Grant Program funds for salaries and overtime for Political Subdivision employees and/or agents. Such funds shall only be transferred after the applicable Request for Reimbursement Forms, attached as Exhibit 0, are properly executed by the Parties. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Fonl1s on behalf of the Fiduciary and the Emergency \1anagement Coordinator of Emergency Management & Communications (his/her designee) shall execute the Fornls 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 pure-hased with Grant Program funds, the Political Subdivision shall execute the Transfer of Ownership Agreement, attached as Exhibit C, for each piece of equipment. The Poljtical Subdivision will not obtain title to the equipment and will not be pennitted to use the equipment until the Fiduciary receives an exec-uted Transfer of Ownership Agreement. The Political Subdivision agrees to be bound by all terms and conditions of tile 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 equipmLnt, including but not limited to the fallowing:

4.2.l. Operation of the equipment;

4.2.2. Maintenance and repair of the equipment;

4.2.3. Replace or repair equipment which is ,.... illfully 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 ofrhe equipment; and

4.2.7. Liability for all Claims arising out of the Political Subdivision's use of the equipment.

4.3. The Political Subdivision shall comply with and shall use the equipment in accordance with the 2007 Homeland Security Grant Program Guidance.

4.4. The Pol itical Subdivision shall keep the Fiduciary informed of the location of the cquipment. If the equipment by its nature i~ mabile, the Political Subdivision must provide a gencral location or "home-base" where the equ ipment can be found. If the location of the equipmcnt changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fidueiary 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 transfened 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 y,'ork with the Fiduciary regarding any issues associated '-vith disposal of the equipment.


4.7. The Political Subdivi~ion shall be solely responsible for all eosts, tines, and fees associated with the use and misuse of the equipment, ineJuding but not limited to, costs for replacing the equipment or costs, tines, or fees assoeiated wIth an ineligible use determination by auditors.

4.8. The Politieal Subdivision shall makt: the equipment available to the Fidueiary and State and Federal Auditors upon request.

4.9. Prior to reimbursemt:nt tor the purehase of sen/ices and/or fix salaries or overtime, the Polilieal Subdivision shall properly execute the applicable Request for Reimbursement Forms, attached as Exhibit D. The Politieal SUbdivision shall not receive reimbursement for services, salaries, and/or ovel1ime until all applicable Request for Reimbursement Forms are properlyexeeuted. The Fiduciary, in its sole discretion, shall determinc if the Request for Reimbursement Forms arc properly executed.

5. REGIO"l 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and aeknowledge 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 tindings 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 fultill the duties and obligations imposed by Federal and Statt: 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 tht: Regional Homeland Security Strategy; and

5.7. Determine what typc of equipment will be purchased with the Grant Program funds, dt:temline what equipment each Political Subdivision will receive, and convey this infonnation 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 goveming bodies of each Party and shall end three (3) years from the date the Grant Program is closed. The approval and tenns of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party.

7. ASSuRANCES.


7.1. Each Pany shall be responsible for its own acts and the acts of its employees, and agents, the costs assoeiatcd with those acts, and the defense of those acts.

7.2. The P,uties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions containcd herein.

7.3. Each Party shall comply with all federal, state. and local ordinances, regulations, administrative rules. laws, and requirements applicable to its activities perfonned under this Agreement. induding but not limited to the Grant Program Agreement, attached as Exhibit 13 and the 2007 Homeland Security Grant Program Guidance.

8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or canccl Ihis Agreement upon thirty (30) Days notice to the other Party. The effective date of termination and/or eancellation 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 tennination and/or cancellation, shall remain valid and govern the Parties' duties and obligations regarding equipment transferred to the Political Subdivision and the Panies shall execute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination and/or cancellation.

Sl. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefIt of the Parties, this Agreement does not <lnd is not intended to create any obilgation, 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 mattcr directly or indirectly rclated 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 tenn of this Agreement, all lieenses, permits, certificates, and governmental authorizations neeessary 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, di'vesl, delegate, or contravene any constitutional. statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties.

13. DELEGAnON/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract. and/or assign any obligations or rights undcr this Agreement without the prior written consent of the other Party.

!4. NO IMPLIED WAIVER. Absent a '.'.Titteri 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 '.vith 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 otherwisc, in one or more Instances, shall be deemed or construed as a continuing waiver of any term, condition, or provisLon of this Agreement.

Page 6 2007 Homeland Seeurit)' Grant Program Funding Agreement - Final

No waiver by either Party shall subsequently affect its right to require striet perfonnance of this Agrccment.

15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the [cnn, or condition, shall be deemed severed from this Agreement. All other tenns, conditions, and provisions of this Agreement shall remain in full force.

16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the readcr and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not bc 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 sen'ice, 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 onc ofthc following first occur: (I) the date of actual receipt; (2) [he next business day when notice is scnt express delivery service or personal delivery; or (3) three days atter mailing first class or ccrtificd U.S. maiL

17.1. If Notice is sent to the Fiduciary, it shall be addrcssed and sent to: Oakland County Board of Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to Oakland County Emergency Response and Preparedness, Administrator, 1200 N. Telegraph Dept 410, Building 47 West, Pontiac, Michigan 48341.

17.2. If Notice is scnt to the Political Subdivision, it shall bc addressed to: Macomb County Emergency Management & Communications, 21930 Dunham Road, Mt. Clemens, MI 48043.

17.3. Either Party may change the address and/or individual to which Notiee 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 Agrcement supersedes all other oral or written agreements betwecn 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 authorizcd 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 tcnns and conditions of this Agreement.

EXECUTED: o;;-~---------- DATE: _ Chairperson Oakland Connty Board of Commissioners

WITNESSED: ~C"le-,c-kc;!R'Ce-g~is-ct-,,-o-f;cD;C:-ee-dc-s---------

DATE: _

County of Oakland

Political Subdivision: Macomb County

Paul Gic1eghem, Chainnan Date Macomb County Board of Commissioners


Exhibit A

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Exhibit A

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f'lOjectS

Fire COllK (ity llt'I':mTlingtoll Molioll by Sililllli8rclhillidge [(\ tabk. Miltion Cilfllfd

Helicopter ])i\I'nlillJ.,.. ,')tllrrn' A111lL' l<lst 111e-~\II\g J pl,::"eIH;llIOIl wn:> Ill'\lk I..-ith 3 sY~\~\1l~ illl \!lnHOe, O<lJ.:I<lIl.-L :l11d U.:tIQII I IllS ~el1('['at.:d cOI1~idL'[;I'JIc discussion al the l!ASr BO<lld

kvcl Reqll~skd llut ,1113 <l:,'eIlCI<,S eel I, ) A lcttet'o~'-;lIf-lIJOI[ from the chid'ofpollc<' or ;hcriff. We'Ve' rt;'eciwd 2 (OJUdlld :;lIld r-.lomot), bllllh)tllll1g from the DClroit Pollc~ Def-ll. Chid'. The lIASI Hoard ha~ the ;llIlh'Hily to alt~r 01 d~le:e a projeci no~s riw LiASI BO<ll'd ,,'.-i~h 10 spend UASI IlWlley for a :)t;Jk of Michigilll h~lic(lpt~(' Thty slwul,llJe doing thh 1',\lh th,'ir :::()"~, ponloll oflhe l ,~Sl :,-ranl, in suppon lli' tlK SE ~1ichlgJll 1;,-\,'il R.:gion,

Sllll'm I' lil 1"UI<uppun oflh~ illiti;1III't'. bUI \H,H11d Ix IllUre' Il;l~lnJI d·!'.!:';I' lIsc'd rheir L ASI

Sll:ltc tOI~JI,lll\l; plllj,xl, MOliLltl h> BujOld, ~11PP011 b; !c,,'. III JCCepl [.1rOJ<:d "~ \\,rlllcrl B[~'\$IJ 'llle~tl$lled til'" lllC]usiOll or UC'lr'.>11 c\C'n IlwII,O'.Ii \Iley WOI1't h<lVe C'llllpl1leTlI 011 t1"IC hellc'O[l\<'r \hJ1 Ilouid be uSed, Brilncl'lIl I.el\ IS ~<lld ,IICIC \vil! be lime with lht:' PHS approval tor 1I1is PlOj~'Cl Has 1101 h~atd baeJ.: nl thi,~ time PI"IH..:III'C'l11enl guidelines wJ.:e 61)-')0 days. ilnd d~live'ry of'nll ~q\lipm~lll lllllSI be lll;lc{<' by MJlch 31, 200S, DOll Johnson, DPD, :Jill! Chaillierson for I~L'5pond<'r S<lklY, SI:ileLl It \\..IS illS lInders1:Jnding is IhM Ihc CIl) of Dell\JI[ Jlreudy has ~l\l MOL', ;\l1d \\~ \\1);' not be JL)ing <:111 \101) Cor ~i1Ch PlOj~'C\ thai 1:; btin;; ~ubmilled, Wllh thiS 2006 ftlmIII1S,lllL're hil"~ beCt\ !::,-<:I1\lclll~Il'S agral11c'nh lllJde, "IC, Oil Y;lriolls PI'ojc'(,h Yo's The hell\"uptC'r IS coming 1(\ [)c!l"'11 tl],11'5 lh" only ;1,O!re<.:llll:::nt nk' equipmelll L1L:1,)tl~~ [0 DetrOit - it Ilh nOllling to do willl ;lllyOIlC el~c rhe ellY docs SUf-lPlll\ this projecI, ,h it will bendlt Ilot oilly I)droit, l)llllht: (>lhi:'llq;iQn;:l! IJdI1nc,r" as w~11. De\rolt IS slIpplving Ihe fllel imd pilllh TIlt' SUbCOI1l111l\tl.'e \'oled 10 ~llpport eve I)' l't'giLlllill p,llltlcr ;1;

;1 "hole [)i~cllS~I(ln iI,:JacOl11b COLlllly fdl \hill as lpn~;Js lherc ',va; J~r~e[ll~'tlt by the Chief (>fOelroll, ~ltlcl all :l!:,recl11~n11)et\\LYIi Ill e [,':\S[ <llld Ih~' Sl:lle lh.ll the equiplllent \vould be reilloved JnL! rClLlI"l1~d when lht: J.11Cldfl is tn~"'11 ')\It 01 sell,iec J aye, ([)tlroit, \VJ.;>'ne, ~lol1roe),.J nays :'\lolion f.. ik,j SlljrnllllaJ~ a s\at~ll1enlrh:ll this bO;Hd:ls a whok suppon; 111 IS prOjceT. 1'\lint of contention IS Ill<' dp[JI'opnate LIS 01' ~'unJs, Motion by Slulln, l(I s",nd IIIC proj~cI iJac~ 10 the cOlllmltte~ 10 Ix rewllrJ.:d Ayc' Brecb:nrlJg~, Ylld<ls;', ,'i tllllll , Brollwer, N<lY: Bulord, icC', i-=ric:dland, 1\[(>11,.. n ,';jITIi:'J

(.,'SAI< T:llL II PI'E :\1'lliol1 to ,1ppr'(l\L~ b~ !::lI'OIII\C:r. ..~Lq;p,\rl by Yll<l:l~?, Fri-::dl:rl1'J Thc:il' LI'1' is n(.t In .'llppl\rrot'lh,' 11<1l~, j,,,llins, and 1II1il'(11111" ponion ot'!hc prLlJ,XI 1\IClI'on L'Jfll,'d,

') NE\V BUSINESs

Or:,!aniziltional :)tll.IC\UI"C. n~)n-IotiJl:,! lllellllkfs. 111<'1e \\~1.";1 discussiOtl fll)t11rhis commITI<:~

t!l'lt non-voring member; \fl WIl1<' ,;],';L'~ ;lIe no! iilkd, ;lI1d [here n[~ Illulliple ,,1rcrll,lIc:> to"

Exhibit A

each PUSlt:on rhey \\.lnl-.:c1 k1 CIJlil) lur the bu,lld. h,J',cd 011 the by-I::II'5, Ih;11 !h~re is only ark Jpp('lnkd pa~('I; ,tlk1\\ed \\ttl1l~O :l!k'r::;ltes, Mallon I):, Breckenridge, SI.lP~)011 by Swrm, to pl'o\'ide seated posiraJlls dl'lkltl1 '-dlill!:: awl ~lon-v.)ting memhas, w:lh:l roll c:lII of all 1l1ell1bclS bcill b calkd allhe bef!J11Ilill:; or" CIC:\ :nc.;.":ing j\'!otion ..:arried

It is lhe opinion of th~ Org Slructlll'C Committee. Ill:\( rhe duties of lhe secrelill'Y for COll1l1lltlees Me 110t needed. as pl'Ofession;d slal"fsupport is to he provided by the counlies, MOlion b;.' Hr<:d:enl"iJge. suppOrt b;.' :;!llrm, to lemOI": posilion of'secretal)' 10 the ,'Ol1lllltltecS, and uliIiLe professional q;;!f t'rOIll t;'ach c')lIl1ly]o) do rhe same, tylotion cJlrie,1. Pl..--\('E l.;NDER i\'EW BLST7'ESS FOR J'\O\"E\lUER :>IEEfJi\'C. This I1Ce(~S to he :1I111()lIll,::e.~ ilild ,\dOpled by il 2/J majolity "s it is il hy-la\'. l:lotldlCfllil1il,

~lMRS Altern:lle. f\In:?fldy Addrc..,scd,

Stare IJOnlt;'IOl1d Secllriry Advisory 130ard repr<::sel1lntiv~·. \\';l~ il(h l'~'d lhut Iher .... i:::, 1 I't;'pr~selltatlvt' fr(JIll t;'ach: Dell"oil, Wa)11e COUl\lY, allLlliASIStuml \V<l~ll$ c!:lritlc',1Ii\111 011

1101\' these appointments are ckr.... nnined The <lc!vi,,(>ry C(>l1ll1l1ttee b0nrd r.... pr<'sellwl,o;l .,h0uld he hath rcgionnl. imel n rOl;]tin~ pusition, b,bc'd (j:l nC)'-I[d (1(;[101'1 I'L.\CE l.!NDER OLD BUSJ:'\lESS FOR ;,\OVEiYlBI::R i\IEETJi'\'G.

PIW.lEC1::-i:

SA F' flmposJI. l.i nder 2006, $250,000 WJS appro\ed r'or ..:;1CI1 j L1l1sd i~~tiLm rh Is ~ rOJec t :iee h 10 C\tt'11d tiJJl projeCT. With an nlloca\ion ofS2"~.0(J0 f(lr e:"<lCIlJlIl·isdk'tinll. b,c,lllse oflhe in,'le,lse perf~1ml:lnCe period from one:" 10 IW(l ye:lb, All partllL'rs disclls~,d lhis allc1 tell It \\,1$ JLlrqll:lIt This IS the ma"il11llll1 ,1I110unllll;llIS allo ..... ,d 1'01 pers\)lllld 1I11<-1O:::I" the grallt /1.-1(>11011 Lw Bll'ckL'lHidg..... , suppor'l by YudJsz. [0 'Kcepl tOl' .jO·clay relle\\' Ayes: 6~ ~:IYs (II i,\!<1clll1l1l) \1('11011 c,lriied

Spe,'IJllled l rOJil1iil;;: i\-l<J\i<ll1 IJ} !ct;', Support :T}' 13n"d,ttHidge, 10 llcCept tllr JO-day reI It:\\Uls:'lI~SiOn, .\1,)(ion clmed

1:..1,.:-;1 (';Ilor. :\10(1011 iJy lee. support by Buford, [0 accept tor JO-day review. DiSCUSSion. Ayes 3. Nay,; 4 (St. (I,lil, Oilklnnd. W;lshl<:Il<l\\.'", ~'[onrot;'J. i\-Iolioll t":Jiled,

[nterc'rc'Ullliity Cunfer~llc~ 2007. with monies being l\,;cd frol11lhe 1rJini:lg C0I11111lnee Ic'\)l1llllillo:::e has 110tlltel1 uppro:lched as (Jfthi~ lime) :::';putlsored by the 5tH,;:. will1 replht:IH.lllle,; ~rQ111 all regions al1elldil1~, Di~cussil1g the str;llcglc plan [ell interoperablc' c'(lI11111111lIC:llidll within the State ot"l\llcliigalL 1\10lion by lee. 'iUpport by \'udasz, to accept !L-1I" ,\O-d.ly lelj",\\. UI,;cllssion, Motion cdrTied

10, Adjournl11ent l\lcllI01\ oy Ice. SllppOri b) Breckenridge, Motiol1 can-ied Meelin~ adjollillol nt 12'[.\ pill,

Exhibit B,.

State of Michigan 2007 Homeland Security Grant Program

Grant Agreement

July 1, 200710 March 31, 2010

CFDA Number: g7.0aIJ

This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered inlo between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter caHed the Subgrantorl, and

Oakland County (hereinafler called the Subgrantee)

I. Purpose

The purpose of this Grant Agreement is to provide federal pass-through funds to the Homeland Security Region 2 Board Ihrough the Subgran!ee (which has been voted and approved to act as the fiduciary agent for t."le board for the 2007 HSGP) for preventing, deterring, responding to, and recovering from Incidents of National Significance, including threats and incidents of terrorism.

The 2007 HSGP is a homeland security assistance program that provides funds to build capabilities at the State and local levels through planning, equipment training, and ex.ercise activities and to implement the goals and objeclives included in the Michigan Homeland Security Strategy and the Michigan Enhancement Plan. The funding also supports the four mission areas of homeiand security (prevent, protect, respond, and recover) and addresses the a National Priorities and the 37 Target Capabilities, as they relate to terrorism. In addition, it supports the implementation of the National Preparedness Goal, the National Incident Management System (NIMS), and the National Response Framework (NRF) and provides resources to law enforcement and public safety communities to support critical terrorism prevention activities, including: establishing/enhancing fusion centers and collaborating with non-law enforcement partners, other government agencies, and Ihe private sector. Activities implemented under the HSGP grant must support terrorism preparedness, even if the capabilities themselves do not focus eXclusively on terrorism. The allowable scope of activities includes catastrophic events, prOVided that acti.... ities implemented also build capabilities thaI relate to terroriSm. Many of the capabilities included in the Target Capabilities List (TCl) are dual·use in nalure, in Ihat they can apply to bolh terrorism preparedness as well as other hazards. The Subgrantee must demonstrate the dual-use nature of any activities implemented under Ihis program that are not ex.plicitly focused on terrorism preparedness.

II. Objectives

The principal objective of this Grant Agreement is to provide financial assistance by providing federal pass-through funds to the jurisdictions comprising the Region 2 Homeland Security Planning Board for ailowable costs in Ihe program areas listed below. Please nole that when determining the best use of FY 07 HSGP funds, the Subgrantee MUST utilize a regional approach when approving projects and costs,

Urban Areas Security Initia(i....e (UASI): Planning Organization Equipment Training Exercise Management and Administrative (M&A)

For guidance on allowable costs for these program areas, please refer 10 the 2007 HSGP Guidance, located at http://www.ojp.usdo).govlodplgrants_programs.htmtffy2007hsgp.

2007 HSGP Grant Agreement Oakland Counly

Page 2 of 10

To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Homeland Security Preparedness Committee, has created a list of priority projects that subgrantees shall use their 2007 HSGP funds to support. These projects were derived from the 12 Statewide and 9 UASJ Investment Justifications developed by Michigan that are to be implemented at the regional/Jocallevel. Additional information is provided in the Michigan FY 2007 HSGP Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY 07 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 07 HSGP application.

III. Statutory Authority

Funding for the 2007 HSGP is authorized by the Department of Homeland Security Appropriations Act of 2007. The Subgrantee agrees to comply with att program requirements in accordance with the HSGP, Office of Management and Budget Circulars A-87, A-102, and A-133 as revised. located at http://'NW'N.whitehouse.gov/omb/circulars/inde)(.hlmJ, 28 CFR Part 66 and 28 CFR Part 70, located at htlp:/I'NW'N.access.gpo.gov/naralcfr/waisid)(_04/28cfrv2_04.html, the U.S. General Accounting Office Government AUditing Standards, located at htlp:/lWoIM'.gao.gov/govaud/ybk01.htm, Ihe Code of Federal Regulations (CFR) Tilte 44 - Emergency Management and Assistance, located at http://'NW'N.access.gpo.gov/naralcfr/waisid)(_05/44cfrv1_05.html, the Administrative Guide to State Government, localed at http://www.michigan.gov/dmbfO, 1607,7·150·9131_9347--,00.hlml, the State of MiChigan Financial Management Guide (FMG), located at http://www.michigan.gov/budgetlO,1607,7-157-13404_27707 -99757,00.html, and all applicable federal and state laws and regulations.

IV. Homeland Security Grant Program Award Amount and Restrictions

The UASI award for the Subgrantee for Region 2 board secretary, administrative assistance, as the Fiduciary Agent for Region 2, is $75,000. This amount has been voted on by the Regional 2 Board to be distributed and included in this grant agreement. Reimbursement is based on completion of requirements listed in Sections IV, V, and VII of this grant agreement.

The UASI award for the Subgrantee for Region 2 Urban Search and Rescue Project, as the Fiduciary Agent for Region 2, is $1,250,000. This amount has been voted on by the Regional 2 Board to be distributed and induded in this gran! agreement. Reimbursement is based on completion of reqUIrements listed in Sections IV, V, and VII of this grant agreement.

The UASI award for the Subgrantee for Region 2 Communica!,ions Project, as the Fiduciary Agent for Region 2, is $231,797. This amount has been voted on by the Regional 2 Board to be distributed and included in this grant agreement. Reimbursement is based on completion of requirements listed in Sections IV, V, and VII of this grant agreement.

The UASI award for the Subgrantee for Region 2 Fiduciary Staffing, as the Fiduciary Agent for Region 2, is $244,019.75. This amount has been voted on by the Regional 2 Board to be distributed and included in this grant agreement. Reimbursement is based on completion of requirements listed in Sections IV, V, and VII of this grant agreement.

This Grant Agreement designates HSGP funds for reimbursement of authorized costs. Grant Agreement fundS shalt not be used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the FY 2007 Grant Agreement period. Allocations for the FY07 HSGP have been determined through a funding methodology consistent with current Department of Homeland Security gUidance. Regional 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 agreemenl will be spent witt be decided through a review process by the SAA of projects submitted by the Region 2 Homeland Security Planning Board, not the Subgrantee.

2007 HSGP Grant Agreement Oakland County

Page 3 of 10

v. Responsibilities of the Subgrantee

The funds must supplement, not supplant, state or local funds. Federal funds will be used to supplement existing fUnds, and will not replace (supplant) funds that have been appropriated for the same purpose. The Subgrantee may be required to supply dOCumentation certifying that they did not reduce non-federal funds because of receiving federal funds. Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs.

The Subgrantee agrees 10 act as the designated Fiduciary Agenl for the Region 2 Homeland Security Board. As the designated Fiduciary Agent of Region 2, the Subgrantee agrees to follow all responsibilities in Sections IV and Vof this grant agreement. If the Subgranlee becomes unable to fulfill the responsibilities of Sections IV and V, refer to section XII for instructions on how to terminate this agreement It is understood that the Subgranlee is familiar with required federal and state financial and programmatic guidance and will comply with the requirements of applicable documents.

The Subgrantee agrees to comply with all applicable federal and state regulations, including the following:

A, In addition to this 2007 HSGP Grant Agreement, SUbgrantees shall complete, sign, and submit to Subgranlor the following documenls, which are incorporated by reference into this Grant Agreemenl: 1) Standard Assurances 2) Certifications Regarding lobbying: Disclosure of lobbying Activities; Debarment,

Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OJP Form 4061/6)

4) Audit Cernfication Form 5) W-g Tax Identification Form 6.) Other documents that may be reqUired by federal or state officials.

B. The 2007 Homeland Security Grant covern eligible costs from July 1, 2007 until March 31, 2010. Please refer to the Fiscal Year 2007 Homeland Security Grant Program GUidance, located at htlp:II'NWW.ojp.usdoj.gov/odp/grants_programs.htm#fy2007hsgp for a detailed list of eligible Costs.

C. SUbmit project applications to the Subgrantor, 'Nhich have been prepared and approved by lhe Homeland Security Regional Board, for evalualion and approval of projects prior to starting a project. All projects must meet DHS and the Subgrantor grant guidelines and must be related to one of the 12 approved state and g UASI investmenls, 8 required projects, and be supported by an assessment of at least one of the 37 targeted capabilities. Any project that proposes a change in scope of work during the grant performance period must be resubmitted to the Subgrantor for approval.

D. In addition to project applications. submit an Allowable Cost Justification (ACJ) form for all costs that are part of an approved project prior to the encumbering of the cost. The Subgrantee will be held responsible for costs expended without suomission or an Allowable Cost Justification form Ihat is determined to be ineligible by the SUbgrantor or DHS.

E. Create and maintain an inventory of all FY07 HSGP equipment purchases that lists, at minimum, the piece of equipment, the COst of the equipment, what agency the equipment is assigned to and the physical location of the eqUipment for the grant period and at least three years after the grant is closed. Any equipment purchased with HSGP funds must be prominently marked as purchased with funds prOVided by the U.S. Department of Homeland Security.

F. Make FY07 HSGP equipment availaole for pick-up by other government agencies per equipment assignments. This process needs to include legallransfer of the equipment to the designated government agencies. At minimum, the Subgrantee should prepare documents, which by signing, other designated government agencies accept full legal and financial responsibj,'ily for pieces of equipment.

L


Page 4 of 10

G. At the end of the Fiscal Year (of each government agency that has received the benefil of federal funds), report the doliar amount expended on behalf of another government agency to that government agency so that government agency can report that dollar amount on their Schedule of Expenditures of Federal Awards.

H. Submit the Reimbursement Cavsr Sheet (EMO·054) and all required attached documentation to the SUbgrantor as needed or at a minimum, at the end of each quarter. The Subgrantee must submit the quarterly reimbursement request even jf it has no expenditures lor thai quarter. The due dates for quarterly reimbursement requests are listed in Section VII of this agreement. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMD website at http://................michigan.gov/msp/0,1607,7123-1593_3507-113992--,00.html .

Please note: One Reimbursement Cover Sheet and related forms must be completed for each exercise.

I. Submit Quarterly progress reports to the Subgrantor on the status of all approved projects, Quarter1y progress reports, at minimum, need to contain a description of the project, the actions taken that quarter 10 complete the project, a percentage estimate of the completeness of the project and an expected completion date of the project. The due dates for quarterly work reports are listed in Section VII of this agreement, The Subgrantor will provide the Subgrantee with a form to complete this report within 60 days of issuing the grant agreement,

J. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (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, and July 20, 2010. The reporting periods are from January 1 through June 30 and July 1 through December 31, The final BSIR is due gO days after the end date of the 2007 Homeland Security Grant award period.

K. Comply with the current NIMS implementation requirements. NIMS information is available at hltp:/I................fema.gov/nim s.

Comply with applicable financial and administrative requirements set forth in the current edition of "U.S, Department of Justice Financial Guide," including the following provisions:

1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit.

2. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the 2007 HSGP for alleast three years after the financial c1ose·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 '984, as amended, and OMB Circular A-133, "Audits of States, local Governments, and Non-Profit Organizations," as further described in OJP's "Financial GUide," Chapter 19. Random audits shall be performed 10 ensure compliance with applicable provisions.

4. Subgrantor and Subgrantee FY07 HSGP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCl 15,231 el 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 pubiic


Page 5 of 10

body, capabilities and plans for responding to a violation of lhe Michigan anli-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."

Mud! 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 infonnation; and discussions of demographics, transportation, public 'NOrks. and industrial and pUblic health infrastructures. Therefore, each sub-grantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis.

Note: The Sub-grantee will only be held responsible for expenditures disallowed by federal or state audit that are determined to be caused by the negligence of the Sub-granLee or by the Sub-grantee not complying with the responsibilities of section IV

M. Integrate individuals with disabilities into emergency planning, Executive Order 13347.

N. National Environmental Policy Act (NEPA) requires OHS to analyze the possible environmental impacts of each construction project funded by a DHS grant. Results of the NEPA Compliance Review could result in a project not being approved for DHS funding, the need to perform an Environmental Assessment or draft an Environmental ImPact Statement.

VI. Responsibilities of Subgrantor

The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, wilL

A. Administer the 2007 HSGP in accordance with all applicable federal and stale regulations and guidelines and provide quarterly reporting 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 lor operation of the program.

D. Reimburse the SUbgrantee in accordance wlth this Grant Agreement based on appropriate documentation submitted by the Subgrantee.

E. Independently or in conjunction with Ihe Department of Homeland Security (DHS), conduct random on-site reviews with Subgrantee(s).

F. Subgrantor and Subgrantee FY07 HSGP information constitutes records SUbject to the Michigan Freedom of Information Act (FOIAl, MCl 15.231 at seq. However, section 13(1 Xu) 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 securily measures, inclUding security plans, security codes and combinations, passwords, passes, keys, and security procedures. 10 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 10, building, public works, and public water supply designs to the extent thaI those designs relate to the ongoing security measures of a public body. capabilities and plans for responding to a violation of the Michigan antiterrorism act. ...emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies. unless disclosure would not impair a public body's ability to


Page 6 of 10

protect the securily or safety of persons or property or unless the public interest in disclosure outweighs 1he 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 enforcementsensitive or otherwise critical to nal\onal security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures, Therefore. each sub-grantee agency Freedom of Information Officer will need 10 determine what information is to be withheld on a case-by-case basis.

VII, Payment and Reporting Procedures

The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it as needed or at a minimum at the end of each quarter if there are eligible expenses to be reimbursed. See below quarterly report schedule for due dates. Please note: One Reimbursement Cover Sheet and related fonns must be completed for each exercise. Please refer to the Reimbursement Requiremenls in order to meet the documentation requirements,

Drawdown of Funds in Advance: SUbgranlees may requeslfunds up to 120 days prior 10 expenditure. All of the following reqUirements must be met to obtain advanced funds: 1) The Subgrantee must complete a letter staling the reason they are requesting an advance; 2) The Subgrantee must submit a copy of an approved purchase order showing the delivery date for the items ordered to be within 120 days of the purchase order date; 3) These funds must be placed in an interest-bearing account. The Subgrantee may keep interest up to $100 per year for administrative expenses for all Federal Grants combined. Funds cannot be advanced for more than 120 days, If the Subgrantee is notified by the vendor of delays in the delivery date of eqUipment, funds must be returned to the Subgrantor. Advances cannot be outstanding for more than 120 days; 4) Any interest earned over $100 must promptly, but at least quarterly, be remitted to: United States Department of Health and Human Services, Division of Payment Management Services, P.O, Box 6021, RockVille, MD 20852. The Subgrantee must also notify the Suograntor in writing of any interest earned over $100 quarterly.

____________T..H..E=-Q..U"'A"'R-=-T..E::-R:::S..A"R..E=-A"'S--=-FO"'L.,.L,.O,.W-'-S"': J

5lh Quarter: July 1,2008 to September 30. 2008 th6 Quarter: October 1, 2008 to December 31, 2008

t hQuarter: January 1, 2009 to March 31, 2009

8th Quarter: April 1. 2009 to June 30. 2009

9'h Quarter: JUly 1, 2009 to September 30, 2009

10'h Quarter: October 1, 2009 to December 31, 2009

11L1l Quarter: January 1, 2010 to March 31, 2010

DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS:

5th Quarter: October 31.2008

6th Quarter: January 31, 2009

r lh Quarter: April 30. 2009


Page 7 of 10

a1h Quarter: July 31, 2009

9lh Quarter: October 31, 2009

10th Quarter: January 31, 2010

11th Quarter: April 30, 2010

Reporting Requirements

The reporting requirements are designed to provide the Subgrantor with sufficient information to monitor project implementation and ensure proper use of federallunds. Accounting systems must allocate costs to the project activities. Expenditures must be summarized, correspond with the project budget detail, scope of the project. or work plan attached to the award, and be supported with source documentation, as appropriate.

Subgrantees are required to submit Quarterly Progress Reports by Project and supporting documentation for expenditures in accordance with their project budget detail and project scope of work. Progress reports compare actual expenditures to the project budget detail for the reporting period. Any significant cost deviations from the approved budget detail and subsequent impact on the project, etc. shall be reported in the Narrative Progress Report.

The Quarterly Progress Report must support the expenditures and financial activity in financial progress reports and reimbursement requests. The information on this form will be used by the Subgrantor to monitor grantee cash flow and encumbrances, grantee performance, project implementation, and compliance with OMS Circulars A-21, A-87, A-102, A·110. A-122, A-133, the "Common Rule ... ", the U.S. Dept. of Justice/Office of the Comptroller (OC) Financial Guide, and the U.S. Dept. of Homeland Security/Office of Grant Operations Financial GUide, to ensure proper use of federal funds.

Quarterly Progress Reports are required whether or not expenditures are incurred,

Subgrantees failure to fulfill the quarterly reporting requirements, as required by the grant, may be SUbject to suspension of grant activities until reports are received.

Reimbursement requests and work reports should be mailed to the Michigan State Police, Emergency Management and Homeland Security Division, 4000 Collins Road, Lansing, MI48910, unless the Subgrantee is otherwise notified by the SUbgrantor. Please refer to the Reimbursement Requirements in order 10 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 directly in accordance with current DHS guidance. An MOU must be initiated by the Subgrantee. The Subgrantee must submit an MOU every time it would like another jurisdiction to receive direct reimbursement from the Subgrantor. Each MOU must be signed by the authorjzed representative for the Subgrantee and Subgrantor and agreed to prior to a payment being made to a jurisdiction other (han the Subgrantee.


Page 8 of 10

IX. Employment Matters

Subgrantee shall comply with Tille VI of the Civil Rights Act of 1964, as amended. the Elliott-larsen Civil Rights Act, 1976 PA 453, as amended, MCl 37.2101 el seq., the Persons with Disabilities Civil Rights Act. 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, slate 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 10 the individual's ability to perfonn 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 0' 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 el seq. (Stale Contractors with Certain Employers Prohibited Act), or on the Federal excluded party list system database located at WW'N.epls.gov.

X. Limitation of Liability

Subgrantor and SUbgrantee to this Grant Agreement agree that each must seek Us own legal representative and bear its own costs, including jUdgments, in any litigation that may arise from performance of this contract. II is specifically understood and agreed that neither party will indemnify the other party in such litigation.

This is nollo be construed as a waiver of governmental immunity.

XI. Third Parties

This Grant Agreement is not intended to make any person or entity, not a party to this Grant Agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor.

XII, Grant Agreement Period

This Grant Agreement is in fUll force and effect from July 1, 2007 through March 31, 2010. No costs eligible under this Grant Agreement shall be incurred before the starting date of this Grant Agreement except with prior 'M"itten 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 wrillen notice 10 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 wrillen instrument executed by both parties prior to the termination date set forth in Paragraph XlI above. No party to this Grant Agreement may aSSign this Grant Agreement or any of his/herlils rights, interest, or obligations hereunder without the prior consent of the other party. SUbgrantee agrees 10 inform SUbgrarnor in writing immediately of any proposed changes of dates, bUdget, or services indicated in this Grant Agreement, as well as changes of address


Page g of 10

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 satlsfactory progress toward the goals or objectives set forth in the sub-grant application. • Failure to follow grant agreement requirements or special conditions. • Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project

would not have been approved for funding. • Failure to submit required reports. • Filing of a false certification in the application or other report or document. • Failure to adequately manage, monitor or direct the grant funding activities of their sub·recipients.

8efore taking action, the state will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally.

XIV. Business Integrity Clause

The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct slandards for State of Michigan employees: convicted under State or Federal antitrust statutes; or convicted or any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity.

XV. Freedom of Infonnatlon Act (FOlA)

DHS recognizes that much of the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activilies, may be considered law enforcement sensitive or otherwise important to national security interests. This may include threal, risk, and needs assessment information, and discussions of demographics, transportation, public works, and industrial and public health infrastructures. While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOJA), 5. U.S.C. §552, all determinations concerning the release of information of this nature are made on a case by- case basis by the DHS FOIA Office, and may likely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The applicant may also consult G&T regarding concerns or questions about the release of information under State and local laws. The grantee should be familiar with the regUlations governing Protected Critical Infrastructure Information (6 CFR Part 29) and Sensitive Security Information (49 CFR Part 1520), as these designations may prOVide additional protection to certain classes of homeland security information.


Page 10 of 10

XVI. Official Certification

For the SUbgrantee. The individual or officer signing this Grant Agreement certifies by his or her signature that he or she is authorized to sign this Grant Agreement on behalf of the jurisdiction he or she represents.

Printed Name Title

Name of Jurisdic!iOn

Signature Date

For the SUbgrantor (Michigan Stale Police - Emergency Management and Homeland Security Division)

CapL W. Thomas Sands Deputy State Director of Emergency Management and Homeland Securily Title

For the Regional Board: The Regional Board Chair's signature appears on this grant agreement as a certification that Regional Board 2 has chosen Oakland County to serve as the fiduciary agent for $1,800,816.75 of the 2007 HSGP for Region 2. This signature does not provide inclusion of the Regional Board Chair or the jurisdiction he or she represents as part of the agreement between Ihe Sub-grantor and Sub-grantee.

Regional Board Chair Printed Name TiUe

Signature Date

EXHIBIT C

TRANSFER OF OWNERSHIP AGREEMENT/EQUIPMENT RECEIPT AND ACCEPTANCE FOR PURCHASES UNDER CFDA NUMBER _

Thi~ 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 Suhdivision") on (insert date).

In consideration of the mutual promises. obligations. representations, and assurances in Ihis Ownership Agreement, the Fiduciary and Political Subdivision agree to the follov.,'ing terms Ilnd conditions:

1. Definitions.

1.1. Ownership Agreement means the tenns and conditions of this O....,'nership 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, canse of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fces, eourt eosts, investigation expenses, litigation expenses, Ilnd amounts paid in settlement, which are imposed on, incurred by, or asserted Ilgainst the Fiduciary or Political Subdivision, as defined herein, whether such claim is brought in law or equity, tort, eontract, or otherwise.

1.3. Dav means any ealendar day beginning at 12:00 a.m. and ending at 11:59 p.m.

1.4. Equipment means the equipment purchased with Grant Program funds which is listed and described in Section 2 of this Ownership Agreement.

1.5. Fiduciary means Oakland County, a Constitutional Corporation induding, but not limitcd to, its Board, any and all of its deparnnents, divisions, elected and appointed officials, dircctors, 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 COll1oration including, but not limited to, its CounciL Board, any and all of its departments, its divisions, elected and appointed offieials, directors, board members, council members, commissioners, authorities, committees, employees, agents, snbcontractors, 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, Washtenav.", and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network regIon.

l.8. Region 2 Homeland Securitv 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 eomprised 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.

Transfer of Ownership Agreement/Equipment Receipt and Acceptance - Final Page 1

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:

2.1.1. IList Equipment Purehasedl

2.2. The Fiduciary grants all right, title, and interest to the Equipment to the Political Subdivision.

3. Aceeptance 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 follo\',:ing:

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 Equipmcnt.

4.3. To the extent possible, the Fiduciary transfers all \',:arranties to the Equipment to the Political Subdivision.

4.4. The 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 Responsibilities.

5.1. Upon execution of this Ownership Agreement the Politieal Subdivision shall be solely responsible for the Equipment, including but not limited to the fotlowing:

5.1.1. Operation of the Equipment;

5.1.2. Maintenance and repair of the Equipment;

5. 1.3. Replaee or repair Equipment which is willfully or negligently losr, 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 ifrequired 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 aecordance 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 providc a general location or "home-basc" \vhere the Equipment can be found. lfthe 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 Fidueiary

Transfer of Ownership Agrccment/Equipment Receipt and Acceptance - Final Page 2

upon execution of this Ownership Agreement and continue until three (3) years after the close of this Grant Program.

5.4. The Political Subdivision shall1ist all Equipment transferred to it pursuant to this Ownership Agreement on its Schedule of Expenditures of Federal Awards.

5.5. Except for Equipment thllt 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, andlor 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 govcmmental authorizations necessary to carry out its obligations and duties pursuant to this Ownership Agreement.

9. Reservation of Rights. This Ownership Agreement does not, and is not intended to waive, impair. divest, delegate, or eontravcne any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties.

10. Delegation/Subcontract/Assignment. Neither Party shall delegate, subcontract. and/or assign any obligations or rights under this Ownership Agreement without the prior written consent of the other Party.

II. 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 Agrcement. \'vhether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any tenn, 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.

]2. Severability. If a court of competent jurisdiction finds a term, or condition, of this O\\lnership Agreement to be illegal or invalid, then the term, or coudition, shall be deemed severed from this Ownership Agreement. All other terms, conditions, and provisions of this Ownership Agreement shall remain in full force.

Transfer ofOwnership Agreement/Equipment Receipt and Acceptance - Final Page 3

13. Captious. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Ownership Agreement are intended for the convenienee of the reader and are not intended 10 have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be wnsidered 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 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 oeeur: (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 notiee is sent to the Fidueiary, 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, Pomiac, Michigan 48341.

14.2. Ifnoticc 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 l:hange.

15. Governing La,,"'. 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 (he entire agreement and understanding between the Parties. This Ownership Agreement supersedes all other oral or written agreements between the Parties. The language of this Ownership Agreement shall be eonstrued as a whole according to its fair meaning, and not construed strictly for or against any Party.

The individual or offieial exeeuting this Ownership Agreement certifies that by his or her signature that he or she is authorized to sign Ihis Ownership Agreement and bind the Fidueiary and Political Subdivision to the terms and conditions of this Ownership Agreement.

Fidueial)': The County of Oakland

Date

Politieal Subdivision: (Insert Namel

Date

Transfer of Ownership Agreement/Equipment Reeeipt and Acceptance - Final Page 4

Reimbursement Request Coversheet Exhibit D

for all ODP Homeland Security Grants; use a ne ..... coversheet for cach reque~l

7' YC"' & 1"'e ""(""0'

P"/,,,c>l s"'..J"''''OI\ Primary C",,'ac'

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Total of all attached Supplies & Other Relmbursement Detail F'orms

Total Reimbursement ReQuested

$0.00

$0,00

$0.00

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• By Signing Ihi, doeurnon<. 'he .igller certir.es lhal Ih••~O"" inronnation is lnIe and ace""'le. 1)"1 "'irnbUT1le'lt1Onl i. being ""l""'IN (or all'"onl.ed expendilures only, and dC><U1, .."I.I"'" I,,, Ihese tr.lnsaclion< ;! aVll il.hle ror audll, Tht ,ign.. fllllller agree. Ih'l Ihe "n,diclion lIei,),e n:pn:"'''b will f'l:lum any ",int>u"e",,,,,\ f'l:cc,ved 10 Oakl.nd Cnunt;. 'flhe original "'vend;\ure is dc-cmed 10 he meligible at audit

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Version 1.0 Region 2 Reimbursement Forms - Reimbursemen~to parLicipating jurisdictions from Fiduciary. Form A Last Updated October 2, 2006 Reimbursement Request Coversheel. , B. Lewis .~

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.~

• By signing this document, the sigllcr certifies that the above iflr<JITImlion is true lind accumte, thaI rc;nlburscment is being requested for oUlhorizcd cxpenditures only, and documenlation for these trallsac!ions is

available for audit. The si er further II ees that the 'urisdiction he/she re resenlS wm return an reimbursement rcceived to Oakland Counl if the ori ina! ex enditure is dccmctl to be incli 'ble at aUdit"_":::CYle (' "{Name'aM Title,: PnQ'e tr atur((+;; :« Dute

x

Relunl all complcleJ reill1bnrslrlCIll rCljuesls to Oakland COlin I} Emergency Response ,lIlel Preparedness, 1200 N Telegl:l.ph Rd., Dept, 410, Pomiae. M14R3~ I, Attn: Brandon Le""is

Region 2 Rcimbur;;emcnt Forms - Reimbursemenl to participaling )lIlIsJictiollS Modified Scplcmhcr 30, 2006 fwm FiJqc;ary, Form C'. Travel Rcill1bllr,;clllclll Delail Foml iVersi011 I °

Page of

Services, Supplies. and Other Items Reimbursement Detail Fonn Reference 'lie attached inslrttction sheet before completing this dClall

Attach lO Reimbursement Request Covershel't

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$O.OfJ

$0.00

$0.00

Grand total this page ---' $0.00

x

Retum all completed reimbursl'ment l'equcslS to Oakland County Emergency Response and Preparednl'ss. 1200 N. Telegraph Rd. Dept. 410, Pontiac, M148341, Attn: Brandon Lewis

Region 1 Reimbursement Fom"lS - ReimbUl'sement 10 particrpatmg 'V"',"o1.0 ]iJurisdieiolls frOIll Fiduciarv. Form 0 . Services, Supplies, and Other Hems Last Updated September 30, 100() Reimbursement Detail Form. R Lewis

~_.

TO: Paul Gieleghem, Board Chairman Board of Commissioners

FROM: Victoria Wolber, Emergency Management Coordinator Emergency Management & Communications

SUBJECT: Contract/Program Review Request

BOARD OF COMMISIONERS/COMMITTEE APPROVAL DATE: PSC September 14, 2010; Full Board September 23, 70]0



Dale Submitted: August 10,2010 Phone No.: 469·6390-------"-------


Initial Revision Extension Final


Other


Approved ~ !e c4."JJ Date

Rejected Date

OFFICE OF RISK MAN GEMENT

Approved Date

Rejected Date

FINANCE DEPARTMENT

DateApproved 0=: ?JJiSC" Rejected Date

Contract/Program Synopsis *¥lhen Rejected Attach Explanation

x



AND MACOMB COUNTY

This lnterlocal Funding Agreement ("the Agret'ment") is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph. Pontiac, Michigan 48341 ("Fiducial)'''), and Macomb County, a Michigan Municipal Corporation. 10 N. Main, Mt. Clemens. r-..Il 48043 ("Political Subdivision"). Jo 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, Mel 124.501, et seq., the Fiduciary and the Politieal 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 \\'ilh Grant Program funds, and/or reimbursement for certain salaries and/or overtime \,,'ith Grant Program funds.

Oakland County, Michigan was elected and appointed Fidueiary for the 2008 Homeland Security Grant Program by Region 2 Planning Board via a resolution dated November 15,2007.

Oakland County accepted the position ofFiduciury und as a result entered into the 2008 Homelund Security Grant Progrum Agreement with the State of Michigan and became the Subgrantee for tbe 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.

I.l. Agrccmcnt means the tenns and conditions of this Agreement, the Exhibits attached hereto, and any other mutuu1ly 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, und/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 Politieul Subdivision, as de1ined herein, wbether such claim is brought in law or equity, tort, contract, or otherwise.

Pagel 2008 Homeland Security Grant Program Funding Agreement - Final

1.3. Day means any calendar day bcginning at 12:00 a.m. and ending at II :59 p.m.

1.4. Fiducia....y means Oakland County, a Constitutional Corporation including. but not limited to, its Board, any and all of its dcpartments, 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 Macomb County, a Michigan J\1unicipal Corporation including, but not limited to, its Board, any and all of its depilrtments, its divisions, elected and appointed officials. directors, board members, council members, commissioners, authorities. committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons successors.

1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtena\v, and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defensc network region.

1.7. Region 2 Homeland Secu.-itv Planning Boa....d ('"Region 2 Planning Boa ....d") 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, Washtcnaw, and Wayne Counties. The Region mirrors the existing St3te emergency management district and the Office of Public Health Preparedness bio-defense ne[work region.

l.8. 2008 Homeland Secu .... ih' Gnn! P ....og.... am j ..C ....allt P.-ognm") means the grant [Jrogram 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 [0, and recover from incidents of national significance including, but not limited to, threats and incidents of terrorism.

2. AGREEl\'1ENT EXHIBITS. The Exhibits listed below and their [Jroperly promulgated amendments are incorporated and are part of this Agreement.

2.1. Exhibit A - Region 2 Homeland Security Plilnning Board ResolUlion; 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 Aeeqltilnce; and

2.4. Exhibit D - Request for Reimbursement Forms.

3. FIDUCIARY RESPONSIBILITIES.

3.1. Thc Fiduciary shall comply with all requirements set forth in the Grant Program Agreement bctween tbe Fidueiary and the Stale of Michigan.

Page 2 2008 Homeland Security Gnut 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 funds in accordance with the Fiduciary's purchasing policies and procedures. The Region 2 Planning Board shall detemline whal type of equipment \vill 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: (I) the equipment purchased; (2) the cost for each piece of equipment; (3) what Politieal Subdivision the equipment is transferred to; and (4) the physical location of the equipment.

3.5. The Fiduciary shall transfer ownership and legal title to the equipment purchased with Grant Program funds to Political Subdivisions, designated by the Region 2 Planning Board, via the Transfer of Ownership Agreement attached as Exhibit C. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Transfer of Ownership Agreement on behalfofthe Fiduciary and the Chainnan of the Board of Commissioners shall execute the Transfer of O\'inership Agreement on behalf of the Political Subdivision.

3.6. The Fiduciary shaH 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 0, are properly executed by the Panies. The Fiduciary's Emergency Response <lnd Preparedness Administrator shall execute the Forms on behalf of the Fiduciary and the Emergency Management Coordinator of Emergency Management & Communications (his/her designee) shall exeeute 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 <lnd/or agents. Such funds shall only be transferred after the i'lpplici'lblc Requesl for Reimbursement Forms, attached as Exhibit 0, are properly executed by thc Parties. The Fiduciary's Emergency Response and Preparedness Administrator shall execute the Fonns on behalf of the Fiduciary and the Emergency Management Coordinator of Emergency Management & Communications (his/her designee) shall execute the Fonns on behalf of the Political Subdivision.

3.9. The Fiduciary shall file this Agreement pursuant lola\\..' and provide executed copies of this Agreement to the Region 2 Planning Board Secretary and the applicable Political Subdivision.

Page 3 2008 Homeland Securit)· Grant Program Funding Agreement - Final


4.1. llpon receipt of equipment purchased with Grant Program funds. the Politicill Subdivision shilll execute the Transfer of Ownership Agreement, attaehed as Exhibit C, for each piece of equipment. The Politieal Subdivision will not obtain title to the equipment and will not be pennitted to use the equipment until the Fiduciary receives ,HI executed Transfer of Ov,"nership Agreement. The Political Subdivision agrees 10 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 bnt not limited to the following:

4.2.1. Operation of the equipment;

4.2.2. Maintenance and repuir of the equipment;

4.2.3. Replace or repair equipment which is willfully or negl igently 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 luw or if the Political Subdivision deems it appropriate in its discretion;

4.2.6. Training for use of the cquipment, if training is not included \.... ith the purchase of the equipment; and

4.2.7. Liability for all Cluims arising ont of the Politicul Subdivision's nse of the equipment.


4.4. The Political Subdivision shall keep the Fiduciary informed of the location of the equipmcnt. If the equipment by its nature is mobile. the Politicul Subdivision must provide a general location or "home-base" where the equipment can be found. If the location of thc equipment changes, the Political Subdi\'ision shall provide the new location to thc Fiduciary immediately. The information required by this Section shull bc provided to the Fiduciary upon exeention of the Transfer Ownership Agreement and continue until three (3) y'ears after the close of this Grunt Program.

4.5. The Political Subdivision shall list all equipment transfcrred to it pursuant to the Transfer Ownership Agreement on its Schedule of Expenditures of Federal Awurds.

4.6. Except for equipment that is disposable or expendable, the Political Subdivision shall infolTIl the Fiduciary if it plans to dispose of the equipment and work with the Fiduciary! regarding ,my issues associated with disposal of the equipmcnt.

Page 4 2008 Homeland Security Grant P....ogram Funding Ag....eement - Final

4.7. The Political Subdivision shall be solely responsible for all costs, fines, and fees associatcd with the use and misuse of the equipment, ineluding but not limited to, costs for rcplacing 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 thc Fiduciary and Statc and Federal Auditors upon request.

4.9. Prior to reimbursement for the purehase of services and/or for salaries or overtime, thc Political Subdivision shall properly execute the applicable Request for Reimburscment Forms, attached as Exhibit D. Thc Politieal Subdivision shall not receive reimbursement for serviees, salaries, and/or overtime until all applicable Request for Reimbnrsement Forms are properly exccuted. The Fiduciary, in its sole discretion, shall detemline if the Request for Reimbursement Forms are properly exccutcd.

5. REGION 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and acknowledge that the Region 2 Planning Board shall have the following responsibilities;

5.1. Undertake studies and make recommendations on matters of emergency management and homeland security to Political Subdivisions in the Region;

5.2. Prepare and present to the State Homeland SecuriTy AdvisOlY Council findings of activities and initiatives undertaken in the Region;

5.3. Hold public meetings, subjcct to the Michigan Open Meetings Act;

5.4. Pcrform such othcr 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 Sccurity Strategy; and

5.7. Determine what type of equipment will be purchased with the Grant Program funds, detennine what equipment each Political Subdivision will receive, and convey this information to the Fidnci3lY immediately after such determinations are made.


6.1. The Agreement and any amendments hereto shall be effective when executed by both Partics with concurrent resolutions passed by the goveming bodics of cach Party and shall end thrcc (3) years from the datc thc Grant Program is closed. The approval and tenns of this Agreemcnt and any amendments hereto shall be entered in the official minutes of thc govcming bodies of each Party.


7. ASSURANCES.

7.1. Each Party shall be responsible for its own acts ilnd the aets of its employees, and agents, the costs associated with those acts, and the defense of those aets.

7.2. The P;Jrties have taken all actions and seeured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein.

7.3. Each Party shall comply v,'ith all federal, state, and loc<ll ordinances, regulations, administrative rules, laws, and requirements applicable to its activities perfoffiled under this Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit B and the 2008 Homeland Seeurity Grant Program Guidance.

8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may telminate and/llr cancel this Agreement upon thirty (30) Days notice to the other Party. The effective dare of termination andlor cancellation shall be clearly stated in the notice. If this Agreement is terminated andlor eancelled, the Tran!'>fer of Ownership Agreements executed prior to the date of tennination andlor 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 <Ill equipment ordered by the Fiduciary prior to the date of termination Dndlor eancellation.

9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the P<lrties, this Agreement docs not and is not imended to create any obligation, duty, promise, contracmal right or benefit, right to indemnification, right to snbrogatioll, 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, tenns, 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, 311 licenses, permits, certificates, and govcmmcl1tal authoriLations 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 delegare, or eontravene any constitutional, statutory, andlor other legal right, privilege, pow'cr, obligation, duty, or immunity of the Parties.

13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate. subcontract. andlor 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 ro any existing or subsequent breach of this Agreement. No waiver of any tenn, condition, or

Page 6 2008 lIomeland Seeurity Grant Program Funding Agreement - Final

provision of this Agreement, whether by conduct or otherwise, in one or more instunces, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No ",'aivcr by eirher Party shall subsequently affect its right to require strict perfomlance of this Agreement.

15. SEVERABILITY. If a court of competent jurisdiction finds a teml, or condition, of this Agreement to be illegal or invalid, then the tenn, or condition, shall be deemed se ....·ered from this Agreement. All other terms, conditions, and provisions of this Agreement shal I remain in full force.

16. CAPTIONS. The section and subsection numbers, captions. and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes sball 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 <md shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and <lddressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the d<lte of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after m<liling 1irst class or certified U.S. mail.

17.1. If Notice is sent to the Fiduciary, it shull be addressed and sent to: Oakland Counl)' Board of Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a L'Opy 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: M<lcomb County Emergency Management & Communications, 21930 Dunham Road, MI. Clemens, MI 48043.

17.3. Either Party may ehange the address and/or individual to which Notice is scnt by notifying the other Party in writing of the change.

1R. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the I;nvs 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 ""'hich is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the tem1S and conditions of this Agreement.

EXECUTED: ~~ _ DATE: _ Chairperson Oakland County Board of Commissioners

WITNESSED:~~c-c_---ccoc-_;- _ DATE _ Clerk/Regis1e'f of Deeds County of Oakland

Political Subdivision: l\lacomb County

Paul Gieleghcm, Chairman Date Macomb County Board of Commissioners

Page 8 2008 Homeland Security Gran. Program Funding Agreemen. - Final

Exhibit A

Region 2 HomelHml Security Planninf:: BOHrd RE: 2006 Homeland Security Grant Program Fiduciary

\VHERE.'I,S. the United Stale;> Depanmenl of I !omeland Security, Office of Dome~tle Prep"Tedne~~ and thc State ofl\1lchlgan entered Into the 2006 Homeland Security Granl Progr,llD Agrccmcnt ("Federal Grant"):

\VHEREAS. the Federal Gr;lnl reqUlrcs lhatthe State pass through eighty (80) percent orthe Federal GrJnt funds to local governmental entities;

WHEREAS. the Michigan Homeland Protection Roard (created via Executive Order No, 2003-06) crealcd Regional Homeland Security Planning BOJros throughoulthe St;He:

WHEREAS, the Michigan Homeland ProteClJon Board has charged the Regional Homeland Sceurily Planmng l.loards to identify and prioritize how the FederJl Granl funds will be uscd and to allocate the Federal Grant funds to lhe Pobtlca! Subdivisions;

\I.,'HEREi\S, the Rcgional Homeland Sccurity Planning l.loard for Region 2 CReglOn 2 Planning Board") is comprised of the area of the City of DetroiL and Mllcomb, Monroe, Oakland. St Clair, Washtenaw, and Wayne Counties C'Political Subdivisions");

WHEREAS, the Region 1. Planning Board lS not a legal entity rhat can bc a sub gran lee for the Federal Grant or that can manage and distribute the Feder31 Grant funds: and

WHERE/\S, tIle Regiun 2 Planning Board dcslres that Oakland County. Michigan. be tht: subgran'cee for the Fcderal Gran! ilnd Jet a~ thc FidUCiary for lhe 2006 Homeland Securily Grant Prog:ram.

:t\'ow THEREFORE BE rr RESO LVED lhat the Region 2 Planning Board has elcelOd ;lnd <lppointed Oakland County ("FiduclJ.ry") to Jct as the Fiduciary for thc 2006 Homeland Security Grant Program and Oakland Coumy aeeepts the position of Fiduel;ll)'. As Fiduciary, Oakland County shall be the subgranlce with the Stale of Michigan for the 2006 Homeland Seeurily Grant Program for Region 2

BE IT fURTHER RESOLVED, that the Fiducial)' shall aeceptlhe 2006 Homeland Security Grant Program funding for Region 2 and shall perform the following:

(l) Comply with all the requirements set fOr1Jl UI the Grant Pr~lgr.am Agreement between the Fiduciary and the State of Michigan, ~ copy of which is altached to this Resolution;

(~l Purchase eqUlpmenl, as directed by thc RegIOn 1 Planning Board, wllh Grant Program funds in accordance wilh the Fiduciary's purchasmg pollcic" ;lnd procedures;

(3) Reimburse or purchase services for the PollllI.;aJ Subdivisions with Grant Program funds, as directed by the Region 2 Planning Board:

(4) Reimburse Ihe Political Subdivisions, ilS dirccted by the Region 2 Pbnning Board, wah Gram Program funds for salaries and ovenime of Political Subdivision employees andlor agculs;

(5) Transfer ownership and legal tille LO equipment purchased with Grant Program funds to Politieal Subdivisions designated by rhe Region 2 Planning Board; such transfer shall be accomplished pursuant 10 the attached 2006 Homeland Sccurity Gnmt Program Interloeal Funding Agreement and the Transfer ofO\vnershlp Agrccmcll! ("Agrecments") \'.'hlCh shall bc entered wto between the Fiduciar;.' and each Polilical Subdivision; and

(6) Provide copies of the executed Agrcemenls to thc Region 2 Piannmg Board SnTCIJJ;"_

BE IT FURTHER RESOLVED, Ihat lhe P~llttl~'aj SubdiVIsions shall perf'onn the following: (1) Execute the at lached 2006 Homeland Security Grant Program {nterlocal fund ing Agreement; (2) Upo n receipt of equipment, properl y execute the attached Trans fer of Ow nersh ip Agrcement for

each piece of eqUIpment: and

Exhibit A

(3) Prior to rcimbursement for Ihe purchase of services or for salaries or overtime, properly execute the applieable Request for Reimbursemenl Forms which are attached to this Resolution.

BE IT FURTHER RESOLVED, that the Region 2 Planning Board shall perfonn the following: (I) Undertake studies and make recommendations on malLers of emergency managemenI and

homeland securily to Political Subdivisions in Region 2; (2) Prepare rind present to the State Homeland Secunly Advisory Councll findings oC activllles and

initlallves undertaken in Region 2. (3) Hold publjl: meelings, (4) Perfonn such olher aets or functions as II maydeem nccessary or appropriate w fujfillthe dUlies

and obligations imposed by Federal and Stale homeland se\:urity program rcquircmcnts; (5) Eslablish subcommittees to can)' out its work; (6) Advocate for, monitor, and aClively eng<Jge in the implemenlution of the Regional Homeland

Seeunty Slrategy, and (7) De/ennine whallype of equlpmenl or servIces will be purchased with the Grant Program funds,

delennme what equipment or services each Political Subdj ...'ision will receIve, detcmline salary <Jlll\Junls and overtime nmounls thaI cnch Polillcal Subdivision shall receive, and convey this mfonnatlon 10 lhe Fidueiary lmmedmtely <Jfter such delenninations arc made.

131: IT FURTHER RESOLVED, tlw Political Suhdivisions w111 not obtain tille 10 lhe equlpmenl and will not bc permitled 10 usc the equipment untillhe FidUCIary receives lhe properly executed Agreements

BE IT FURTHER RESOLVED, that the Political Subdivision shall not reeelve reimbursement for lhe purchase of services or for salaries or overtime, until thc fiduciDry receIves the properly e:<eeuted Request for Reimbursement Forms.

BE IT FURTHER RESOLVED, that the fiduciary shall receive up to one (I) pereenl of the 2006 Homeland Security Grant Program funds for gram m2.nagement and adminislralion,

BE IT FURTHER RESOLVED, thaI the Region 2 Plannlllg Board approves thIS Resolution and the 2006 Homeland Secunl)' Granl Program lnterlocal funding Agrcemenl and directs the Chairpersons to sign this Resolution and the Slate ofMiebigan 2006 Homeland Secunty Grant Program Grant Agreement

BE IT FURTHER RESOLVED, thaI the Oakl,md Counly Board of CommISSioners approves Ihis Resolution and direfts its Chairperson to sign lhis Resolution. ,

"-;{" I

", i .I )I.. !-:btL.. j\~.,,_ ~._"'--.."~,~Cc:l"'-"~_~ B-reuda lee, Co·Chairperson Date RegIOn 2 Planning Board

-- r F .~ ---.lL / r__11'~--_ ~..(_~'~A'Q' c'_c_, ~_ ames 13uford, Co-Chairper on ' Dale

Region 2 Planning Board

kill g'll L{DJl ~"-~,,.~----Blll Bullard, Jr, Chau-person 17 D.lte Oakland County Board ofCommlssioners

Exhibit A

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Exhibit A

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Exhibit B


Grant Agreement

September 1, 2008 to May 31, 2011

1 CFDA Number 97.00 N

o ,~

This Homeland Security Grant Program (HSGP) Grant Agreement is hereby enl~r~d into between t~ Mic~~an

Department of State Police, Emergency Management and Homeland Security DIvISion (heremafter ~Iled th~ Subgran!or), and == :"

N COUNTY OF OAKLAND o

(hereinafter called the Subgranfee)

I. Purpose

The purpose of this Grant Agreement is to provide federal pass·through funds to the Region 2 Homeland Security Planning Board through the Subgrantee (which has been voted and approved to act as the fiduciary agent for the Board for the 200B HSGP) for preventing, deterring, responding 10, 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 (DHS) 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 Home,land 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 architeclure, 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 thaI 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. Granlees must demonstrate this duai~use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness.

• Urban Areas Secunty 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 bWl'ding and sustaining capabilities to prevent, protect against, respond to, and recover from lhreats or acts or 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 DHS funding priorities for the FY 2008 HSGP are focused on r,;sk~based funding and capability-based planning, FY 20DS HSGP Identifies three objectives as its highest priorities, These three objectives are:

1. MeaSUring progress in achieving the National Preparedness GUidelines 2 Strengthening improvised explosive device (lED) 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 musl be allocated to objectives 2 and 3.

In addition, alleasl25 percent (25%) of SHSP funds and 25 percent (25%) of UASI award funds must be dedicated lowards law enforcement terrorism prevention-oriented planning, organization, training, exercise, and equipment activities.

• 2008 HSGP Grant Agreement

County of Oakland (Region 2 Fiduciary) Page2o'11

II. Objectives

The principal objective of this Grant Agreement is to provide linancial assistance to the Region 2 Homeland Security Planning Board for allowable costs in the following program areas:

State Homeland Security Program (SHSP): Planning Equipment Training 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. localed at http://WoNW.fema.go..../governmenUgrant/hsgp/index08.shlm

To assist SUbgrantees, the Subgranlor, in conjunction with the Michigan Homeland 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 regionai/locallevei. Additional information is provided in the Michigan FY 2008 HSGP Supplemental Grant Guidance. SUbgrantees must take a regional approach when determining the best use or FY 2008 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 2008 HSGP application


Funding for [he Fiscal Year (FY) 2008 Homeland Security Grant Program (HSGP) is 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, PA of 1976, as amended, located at http://W'.'lW.michlgan govldocumentsfmspemd-Act_390_oC1976_7125_7.pdf and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, located at hUp:f/wwwfema.govfabouVstafact.shlm, The SUbgrantee also agrees 10 comply with the rollowing regulations:

A Administrative ReqUirements 1. 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to

State and Local Governments, located al http://eCFR,.gpoaccess.govlcgi/UtexUtextid x?c=ecfr&Ipl:::: fecfrbrowsefT itle44/44cIr 13_main_02, tpl)

2, 2 CFR, Part 215, Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations (OMS Circular A-11 0), located at htlp:l/ecfr.gpoaccess.gov/cgi/UtexUtextidx?c=ecfr&sid::::5f90b81 8356757091 bb6Sea93f163c6a&tpl=/ecrrbrowse/T itleO2/2cfr21 5_main_02. tpI

B Cost principals 1 2 CFR, Part 225, Cost Principals for State. Local, and Indian Tribal Governments (OMS Circular A-8?)

located al ht1pJ/ecfr.gpoaccessgovlcgIJUtexUtextid x?c= ecfr&lpl=/ecfrbrowsefritle02J2 cfr225_rna in_02, tpl

2008 HSGP Grant Agreement County of Oa~land (Region 2 Fiduciary)

Page30f 11

2. 2 CFR, Part 220, Cost Principals for Educational Institutions (OMS Circular A-21) located at http://ecfr.gpoaccess, gallIcg i/VtexVtext-id x?c=ecfr&rgn=dill5&IIiew=text&node=2: 1.1.2. 3. 4&id no=2

3. 2 CFR, Part 230, Cost Principals for Non-Profit Organ/zatkms (OMB Circular A-122) located at http://ecfr.gpoaccess,gollJcgi/Vtextltext-idx?c=ecfr&tpl=/ecfrbrowsefTitle02/2cfr230_main_02.tpI

C, Audit Requirements 1. OMB Circular A-133, Audits of States. Local Governments, and Non-Profit Organizations, located al

http'l/wwwwhitehouse.goll/omblcirculars/a133/a1 33.html


The COUNTY OF OAKLAND, as the Fiduciary Agent for Region 2, is awarded 53,115,575 under the FY 2008 HSGP, which has been broken down into the following program categories:

A The SHSP award is 5277,375.

B, The USAI award is $2,838,200.

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 reimbl<'rsement 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 caller allowable costs that are incurred during the FY 2008 Granl Agreement period. Allocations for the FY08 HSGP halle been determined on a regional basis through a funding methodology consistent with current Depar1ment of DHS guidance Regional Boards halle been created to ensure that all jurisdictions within a designated region halle an equal say in how funds are spent.

Final determination on how funds awarded by this grant agreement will be spent wi/{ 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 Subgrantee (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 wiJl not replace (supplant) funds that halle been appropriated for the same purpose, Potential supplanting will be carefully relliewed in the application relliew, in subsequent monitOring, and in the audit The Subgrantee may be required to supply documentation cer1ifying that it did not reduce non-federal funds because of receilling federal funds, Federal funds cannot be used to replace a reduction in non-federal funds or sollie budget shortfalls in general fund programs

Fiduciary Agent Designation The SUbgrantee agrees to act as the deSignated FidUCiary Agent for the Region 2 Homeland Security Planning Board As the designated Fiduciary Agent of Region 2, the Subgrantee agrees to follow all responSibilities in Section V of this grant agreement. If the SUbgrantee becomes unable to fulfill the responsib,iiltles 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 foHowing:

A. In addition to this 2008 HSGP Grant Agreement, Subgranlees shall complete, sign, and submit to Subgrantor the follOWing documents, which are incorporated by reference into this Grant Agreement , Standard Assurances 2 Certifications Regarding Lobbying, Debarment. Suspensj'on and Other ResponSibility Matters; and

Drug-Free Wor~place ReqUirement

2008 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary)

Page40f11

3. Stale of Michigan Audit Certification Form (EMD-053) 4 W-g Request for Taxpayer Identification Number and Certification 5 other documents thai 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.gov/go....ernmenVgrantlhsgplindex08.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 ha....e been prepared and appro....ed by the Homeland Security Regional Board, for e....aluation and appro....al of projects prior to starting a project All projects must meet DHS & Emergency Management and Homeland Securily Division (EMHSD) grant guidelines and must be related to one of the 10 appro....ed state in ....estments, 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 appro ....al.

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 appro....ed projects prior to the encumbering of the cost. If an ACJ is not SUbmitted, the Subgrantee will be held responsible for all costs de/ermined to be ineligible by the Subgrantor or DHS.

F, Create and maintain an in ....entory 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.

G Make FY08 HSGP equipment a....ailable for pick-up by other go....ernment agencies per equipment ass;'gnments by the Region 2 Homeland Security Planning Board This process needs to include legal transfer of the equipment to the designated go....ernment agencies At minimum, the SUbgrantee should prepare documents, which when signed, will indicate other designated go....ernment 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 go....ernment agencies reporting the dollar amount spent on their behalf: so the local go....ernment agencIes can submit the information on their Schedule of Expenditures of Federal Awards (SEFA) report NOTE: Copies of these documents must also be pro.... ided to the Michigan State Police, Emergency Management and Homeland Security DI.... ision, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910-5883

J. Submit the Reimbursement Co....er Sheet (EMD-054) and all required attached documentation to the Subgrantor at a minimum at the end 01 each quarter (or more frequently, as needed). The Subgrantee must submit the quarterly reimbursement request e....en if it has no expenditures for that quarter. The due dates for quarterly reimbursement requests are listed in Section VII of this agreement. Reimbursement Co....er Sheets must be filled out completely or lhey will be returned to the Subgrantee for proper completion. The Reimbursement Co....er Sheet (EMD-054) and other reimbursement forms can be found on the EMHSD website at http://W'W'N michigan go....tmspJO, 1607,7.123-1593_3507-113992--.00html

Please note: One Reimbursement Co .... er Sheet and related forms must be completed for each exercise.

J, Submit quarterly progress reports to the Subgrantor on the status of all appro....ed projects. Quarterly progress reports, at minimum, need to contain a description of the project, the actions taken that quarter to complele 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

2

200B HSGP Grant Agreement County of Oakland (Region 2 Fiduciary)

Page50f11

agreement. The SUbgrantor will provide the Subgrantee with a form to complete this report within 60 days of issuing the grant agreement.

K Submit updated project aM allocation information on a regular basis through the Biannual Strategy Implementation Reports (BSIR) The BSIR is due within 20 days after the end of lhe 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 31. The final BSIR is due 90 days after the end date of the FYOB Homeland Security Grant award period

l. Comply with FY08 NIMS implementation requirements and move towards completion by September 30, 2011 FYOB NIMS requirements must be fUlly complied with by September 30,2011 NIMS information is available at http.lf'hWW.rema.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 Retain all financial records, supporting documents, statistical records, and all other records pertinent to the FYOB HSGP for at Jeastthree years after the financial close-out date of this grant program, for purposes of federal and/or state examination and audit.

3. Perform the reql.,-ired financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, "Audits of States, local Governments, and Non-Profit Organizations," as further described in 44 CFR, Part 13. Random audits shall be performed to ensure compliance with applicable provisions.

4. Suograntor and Subgrantee FYOB HSGP information constitutes records SUbject to the Michigan Freedom of Information Act {FOIA}, MCl15.231 et seq. However, section 13(1)(u) and (y), MCl 15.243(1)(u) and (y) of the FOlA, 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 safely of persons or property, whether pUblic or private, including, but not limited la, 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 planlllng 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 criticai 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 Subgranlee will only be held responsible for expenditures disallowed by federal or state audit lhat are determined to be caused by the negligence of the Subgrantee or by the Subgrantee not complying with the responsibilities of Section V.

N. Integrate individuals with disabilities into emergency planning, Executive Order 13347

O. Envi!Onmental 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

200B HSGP Grant Agreement County of Oakland (Region 2 Fiduciary)

Page 6 of 11

are aimed at protecting our nation's water, air, coastal, wildlife, land, agricultural, historical and cultural resources, as well as minimizing polential adverse eHects to children. low-income and minority populations, Failure to comply with these laws could result in project delays and denial of funding. FEMA through the EnVIronmental and Historic Preservation Program engages in a review process to ensure that FEMA funded activities comply with these laws.


The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will

A. Administer the FYOB HSGP in accordance with all applicable federal and state regulations and guidelines and provide quarterly reports documenting this administration.


C. Provide any special report forms and reporting formats (templates) required by the Subgrantor for operation of the program.

D, Reimburse the Subgrantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Subgrantee,

E. Independently, or in conjunction with the U.S Department of Homeland Security (DHS), conduct random on-site reviews with Subgrantee(s).

F 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) 01 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 nOl limited to, bUilding, pUblic works, and public water supply deSigns to the extent that those designs relale to the ongoing security measures of a public body, capabilities and plans for responding to a violation 01 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 or 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 cfltical to national security interests. This may include threat, risk, and needs assessment information: and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each SUbgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis.

VII. Payment and Reporting Procedures

The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documenfation, 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 tor each grant project, solution area, aJlocatlon type, and individual exercise. Please reler to the Reimbursement Requirements in order to meet the documentalion requirements.

------ -- --

2008 HSGP Grar!l Agreement County of Oak.land (Regloll 2 Fiduciary)

Page70fl1

Dr;IWllowll (oj Fllmls ill Arlvance: Subgrantees Illay request funds up to 120 days pnor (0 expenditure All of (he ;[,11",\11'1 ,""1,:11,"1:,'1:1', 111IIS1 be Il\!?t to obtain advanced funds 1) The Subgranlee must complete a leiter slating II", I,·' ,I; ~I:, , ,'I', I, 1::,,~;tlll9 dn advance, 2) Tile SUbgrantee must submit a copy of an approved purchase order

',,'.'" III·" ~,..II',"I'i ,I,ll" I"r tla? Ilems ordered \0 be Within 120 days of the purchase order date, 3) These funds :: I: I : I ,I"" I ;" ,III Illl, ,,<"',t b"cmng accounl The SlIbgranlee may keep Interest up to S100 per year for ",~, "1'1 II;',.,' '·'I'i'II"'" Inr ,iii ['t,deral Grants combined Funds cannot be advanced lor more than 120 days If II" "'II ':' ,I I, ;'. ''i,IIII'''] I)',' till' vc:ndor o,r delay" In the delivery da(e of equlpmenl funds rnu~ be returned 10 the

'11'" II I' ,', "I', "" ,,,,,' 111111)1 Ue oulslanding for more Ihan 120 days: 4) Any interest earned over $100 muo;l !", >I' 'i 'I, i 01 I, "1'1' Idill-'Ily l,e remltled to Mlclllgan Stale Police, Emergency Management and Homeland

, 'LI"I, I ",,"- I 1~r;1111'''11 S2et,'0r1, 4000 Collins Road Lansing, Michigan 48910-5883 The Subgranlee must aiso I !. 'II" ;: I: ''II ",I II" 1,1 wrllll'(j of any Interest earned over S 100 quarlerly,

THE QUARTERS ARE AS FOLLOWS:

'1 'Qu,lIt .. r SeplclTllwf 1,2008 to December 31,2008 {this quarter has four mOrHhs)

2"" ()II,H!o'r January 1,200910 March 31,2009

3,,1 O(l;IfIN: April 1, 2009\0 JUlie 30, 2009

4" Clu;Hlr:r: july 1 200910 September 30,2009

5'" QU;Hlcr. October 1, 2009 10 Decl2mber 31, 2009

6'1. Ollillll~r' Jalluary 1, 2010 to March 31, 2010

7'" OU<trlt'r Apnl 1, 20'10 10 June 30, 2010

B:" QlIarter July 1, 2010 10 September 30, 2010

(l'" O([art(~r' Or.lohcr 1,2010 to December 31, 2010

10'" OUM[er: J.llliidry 1, 201110 March 31, 2011

11'" (lll<lrlcr, April 1. 2011 to May 31, 2011 (this quarter has (wo months)

Of:' AIJl.INES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS:

1 'Quar\(l( J;lllll.:lrY 31, 2009 - No Submittal Necessary

2,,1 Qll;Hlur Apnl 30,2009 - No SllbmiUal Necessary

3'" Oll,lr/{'f. July 31, 2009

4'" OU;HI('(' OClober 31 2009

'j'" Ol'Mlcr: JdlUJiUY 31. 2010

6'" OU(lrlcr. April 30, 2010

7'" QUdr!f>r July 31, 2010

H" QU,H!!'r Onolwr 31, 2010

'l ' Ull,lI'lc'r Jilllu;Uy)1. 2011

10'" UllMler. Apn130. 2011

11" UlldrWI JlIIIC)O 2011


Page80f11

Reporting Requirements

The reportmg requirements are designed to provide the EMHSD with sufficient information to monitor project implementation and ensure proper use of federal funds, Accounting systems must allocate costs to the project activities, Expenditures must be summarized, correspond with the project budget detail, scope olthe project. or work plan attached to the award, and be supported with source documentation, as appropriate

SUbgrantees are required to submit Quarterly Progress Reports by Project and supporting documentation for expenditures in accordance with their project budget detail and project scope Of work Progress reports compare actual expenditures to the project budget detail for the reporting period. Any significant cost deviations from the approved budget detail and subsequent impact on the project, etc shall be reported in the Narrative Progress Report.

The Quarterly Progress Report must support the expenditures and financial activity in financial progress reports and reimbursement requests. The information on this form Will be used by the SUbgrantor to monitor grantee cash flow and encumbrances, grantee performance, project implementation, and compliance with 2 CFR, Part 215 (OMB Circular A~110); 2 CFR, Part 220 (OMB Circular A~21); 2 CFR, Part 225 (OMB Circular A-8?); and 2 CFR, Part 230 (OMS Circular 122). This information will also be used to monitor compliance with OMB Circulars A-1 02 and A133. and with the U,S, Dept. of Homeland Security/Office of Grant Operations Financial Guide, to ensure proper use of federal funds.

Quarter1y 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 or 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 M148910, unless the Subgrantee is otherwise notified by the Subgranlor. 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 Undel'$tandlng Procedure

The Subgrantee may enter into Memorandums of Understanding (MOU) with the Subgrantor for the SUbgrantor to pay other local jurisdictions within Homeland Security Region 2 directly in accordance with current DHS gUidance. An MOU must be initiated by the Subgrantee, The Subgrantee must submit an MOU every time it would like another jurisdiction to receive direct reimbursement from the Subgrantor. Each MOU must be signed by the authorized representative for the Suograntee and Subgrantor and agreed to prior to a payment being made to a Jurisdiction other than the SUbgrantee


Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-Larsen CiVil Rights Act, 1976 PA453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCl37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant tor 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


Page 9 of 11

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 ;s a material breach of the Grant Agreement

The Subgrantee shaH 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 10 1980 PA 278, as amended, MCl 423,321 et seq. (State Contractors with Certain Employers Prohibited Act), or on the Federal excluded party list system database located at W'N'W.epls,gov.

x. Limitation of liability

Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation.

This is not to be constrned as a waiver of governmental immunity.

XI. Third Parties


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,


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 (0 this Grant Agreement may assign this Grant Agreement or any of his/herlits 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


Pagel00fll

• 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 extenlthat, if originally submitted, the project

would not have been approved for funding, • Failure to submit reqUired reports. • Filing of a false certification in the application or other report or document • Failure to adequately manage, monitor or direct the grant funding activities Df their sub-recipients.

Before taking actiDn, the SUbgrantDr will provide the Subgrantee reasonable notice of intent tD impDse cDrrective measures and will make every effDrt to resolve the problem informally


The Subgrantor may Immediately cancel the grant withDut further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the SUbgrantee IS convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract or convicted of a criminal offense, including but not limited to any of the following' embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach lhe 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)

DHS recognizes that much of the information submitted in the course of applying for funding under this program, or provided in the course Df its grant management activities, may be conSidered law enforcement sensitive or otherwise important to national security interests This may include threat, risk, and needs assessment information, and discussions of demographics, transportation, pUblic works, and industrial and public health infrastructures While thiS information, under Federal control, is subject to requests made pursuant to the Freedom of Information Act (FO!A), 5, U.S.C, §552, all determinations concerning the release of information of this nature are made on a case-by-ease basis by the DHS FOIA Office, and may likely fall Within one or more of the available exemptions under the Act The applicant IS encouraged to consult its own State and local laws and regulations regarding the release 01 in/ormation, 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 shou,'d 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 protecLion to certain classes of homeland security information.

2008 HSGP Grant Agreement County of Oa~land (Region 2 Fiduciary)

Page 11 of 11


For the SUbgrantee. The individual or oHicer signing this Grant Agreement certifies by his or her signature Ihat 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 Subgranlor (Michigan State Police - Emergency Management and Homeland Security Division)

Deputy State Director of Emergency Capl W. Thomas Sands Management and Homeland Security Printed Name Title

s~~~ For the Regional Board: The Regional Board Chair's signature appears on this grant agreement as a certification that Region 2 Homeland Security Board has chosen the County of Oakland to serve as the fiduciary agent for the 2008 HSGP This Signature does not provide inclusion of the Regional Board Chair or the jurisdiction he or she represents as part of the agreement between the Subgrantor and Subgrantee.

Regional Board Chair Printed Name Title

Signature Date

EXHIBITC

TRANSFER OF OWNERSHIP AGREEMENT/EQUIPMENT RECEIPT AND ACCEPTANCE FOR PURCHASES UNDER CFDA NUMBER _

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 telTI1S and conditions:

1. Definitions.

1.1. Ownership Agreement means the te1TI1S 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, proeeeding, judgment, deficiency, liability, penalty, fine, litigation, costs, andlor 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, eontract, or otherwise.

1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.

1.4. Equipment means the equipment purchased with Grant Program funds whieh 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 offieials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, andlor any such persons successors.

1.6. Political Subdivision means the , a Michigan Municipal Corporation including, but not limited to, its Couneil, Board. any and all of its departments, its divisions, eleeted 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~dcfense network reglOn.

1.8. Region 2 Homeland Security Planning Board ("Region 2 Planning Board") means the Regional Homeland Security Planning Board for Region 2, as ereated 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.


Transfer of Ownership AgreementlEquipment Receipt and Aeceptance - Final Page 1

2.1. Pursuant to the 2006 Homeland Security Grant Program Interlocal Funding Agrcement, the Fiduciary purchased the following Equipmcnt with 2006 Homeland Sccurity Grant Program funds as directed by the Region 2 Planning Board:

2.1.1. [List Equipment Purchased]

2.2. The Fiduciary grants all right, title, and inlerest to the Equipment to the Political Subdivision.

3. Acceptance of Equipment.


4. Fiduciarv Assurances. The Fiduciary represents the following:


4.2. The Fiduciary has no knowledge of any judgments, liens, mortgages, pledges, claims, rights, security, interests, encumbrances, or any other adverse interests against thc Equipment.

4.3. To the extent possible, the Fiduciary transfers all warranties to thc Equipment to the Political Subdivision.

4.4. The Fiduciary shall notify each Political Subdivision at thc end of the fiscal year ofthe dollar amount of Equipment that has been transfcrrcd to the Political Subdivision.

5. Political Subdivisions Responsibilities.

5.1. Upon execution of this Ownership Agreemcnt the Political Subdivision shall be solely responsible for the Equipment, including but not limited to the following:


5.1.2. Maintenance and rcpair of the Equipment;

5.1.3. Replace or repair Equipment which is willfully or negligently lost, stolen, damaged, or destroyed;

5.IA. 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 ifthe 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


5.2. The Political Subdivision shall comply with and shall use the Equipment in accordance with the 2006 Homcland Security Granl Program Guidance.

5.3. The Political Subdivision shall kcep the Fiduciary infonned of the location of the Equipment. Ifthe Equipment by its nature is mobile, the Political Subdivision must provide a gencral location or "home-base" where the Equipment can be found. If the location of the Equipmcnt changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The infonnation required by this Section shall be provided to the Fiduciary

Transfer of Ownership Agreement/Equipment Receipt and Aeceptance - Final Page 2

upon execution of this Ownership Agreement and continue until three (3) years after the close of this Grant Prognl.m.

5.4. The Political Subdivision shaUlist all Equipment transferred to it pursuant to this Ownership Agreement on its Schedule of Expenditures of Federal Awards.

5.5. Except for Equipment that is disposable or expendable, the Political Subdivisionshall 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 eosts, fines, and fees associated with the use and misuse of the Equipment, ineluding but not limited to, costs for replacing the Equipment or eosts, fines, or fees associated with an ineligible use determination by auditors.

5.7. The Politieal 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 orlocallaw.

S. Permits and Licenses. Each Party shall be responsible for obtaining and maintaining, throughout the ternl of this Ownership Agreement, all licenses, permits, certificates, and governmental authorizations neeessary to carry out its obligations and duties pursuant to this Ownership Agreement.

9. Reservation of Rights. This Ownership Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties.

10. Delegation/Subcontract/Assignment. Neither Party shall delegate, subcontraet, 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 performanee 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.

Transfer of Ownership AgreementlEquipment Receipt and Acceptance - Final Page 3

13. Captions. The seetion and subseetion numbers, captions, and any index [0 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 eonsidered 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 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 serviee, eertified 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.

IS. 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 Parties. 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 O\VIlership 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



For all ODP Homeland Security Grants; use a ncw coversheet for each reqnest

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Region 2 Reimbursement Forms - Reimbursement to participating Version 1.0 ~jurisdicions from Fiduciary. Form D - Services, Supplies, and Other Hems Last Updated September 30,2006 Reimbursement Detail Form. n. Lewis

-, TO: Paul Gieleghem, Board Chairman

Board GfCommissioners


SUBJECT: ContractJProgram Review Request

BOARD OF COMMISIONERSICO:>1MlTTEE APPROVAL DATE: PS(; September 14. 2QlO' Full Board Seplember 23, 2010


Departr:1ent: Eme-rgency Management Contact Person: Victoria Wolber"'--

Date Subrrjtted: August 16, 2010 "----'----

Phone No.: 469-6390

Statu~: Check appropriate box

Initial Revision Extension Final x


Other


Date

Rejected Date

APproved~( &=.t

OFFICE OF RISK MAN GEMENT

Approved Date

Rejected Date

FINANCE DEPARTMENT

DateApproved Jf 41~~ Rejected ~+f_L ---- Da~e

ContractIProg::am Synopsis *When Rejected Attach Explanation



AND MACOMB COUNTY

This Interlocal Funding Agreement ("the Agreement") is made between Oaklaud County, a Constitutional Corporation, 1200 '\lonh Telegraph, Pontiac, Michigan 48341 C'Fiduciary"), and Macomb County, a Michigan Municipal Corporation, 10 N. Main, Mt. Clemens, MI 48043 ("Political Subdivision"). In this Agreement the Fiduci<llY and the Political Subdivision may also be referred to individually as "Party" or jointly as "Parties."

PURPOSE OF AGREEl\lENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7. MeL 124.501, et seq., the FiducialY and the Political Subdivision enter into this Agreement for the purpose of delineating the relationship and responsibilities between the Fidueiary, the Political Subdivision. and the Region 2 Planning Board regarding the 2009 Homeland Security Grant Program ("Graut Program") <Jnd use or Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchascd witb Grant Program funds, purchase or reimbursement of serviccs with Grant Program funds, and/or reimbursement for certain salaries and/or overtime with Grant Program funds.

Oakland County, rvfichigan was elected and appointed Fiduciary for the 2009 Homeland Security Gran! Program by Region:2 Planning Board via a resolution datcd October 17,2007.

Oakland County accepted the position of Fiduciary and as a result entered into the 2009 Homeland Security Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program.

In consideration of the mutual promiscs, obligations, reprcscntations, and assurances in this Agreement, the Parties agree to thc following:

1. DEFINITIONS. The following words <lnd expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonposscssive, shall bc defined, read, and interpreted as follows.

1.1. Agreement means the tenns and conditions of this Agreement, the Exhibits ateached hcreto, and any other mutually agreed to written and exeeuted modification, amendment, or addcndum.

1.2. Claim means any alleged loss, claim. complaint. dcmaud for relief or damages, causc of action, procecding, judgment, dcficiency', liability. pcnlllty, fine. litigation, costs, and/or expenses, includiug, but not limited to. reimbursement for attorney fees, \vitness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement. v,'hich arc imposed on, incurrcd by, or asserted against the Fiduciary or Political Subdivision. as defined herein, whether such claim is brought iu la\li or equity, tort, contract, or othenvise.

Pllgel 2009 Homeland Security Granl Program Funding Agreement ~ Final

1J. Dav means uny calendar duy beginning ut 12:00 a.m. and ending at II :59 p.m.

1.4. Fiduciary means Oakland County, a Constitutional Corporation including, but not limited to, irs Board, any and all of its departments, divisions, elected and appointed officials. dircctors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons successors.

1.5. Political Subdivision means Macomb County, a Michigan Municipal Corporation including, but not limited to, its 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, voluuteers, and/or any such persons successors.

1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network regIOn.

1.7. Region 2 Homeland Security Planning Board f"Region 2 Planning Board") means the Regional Homeland Sccurity 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 emergeney management district and the Office of Public Health Preparedness bio-defense network region.

].8. 2009 Homeland Securih' Grant Program ('''Grant Program") means the grant program described and explained in Exhibit B which began August 1,2009 and ends April 30, 2012. The purpose of the Graut Program is to prevent, deTer, respond to, and recover from incidents ofl1atioual significance including, but not limited ro, threuts and incidents of terrorism.

2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement.

2.1. Exhibit A - Region 2 Homeland Security Planning Board Resolution; re: 2009 Homeland Security Graut Program Fiduciary;

2.2. Exhibit B - 2009 Homeland Security Grallt Program Agreement between Fiduciary and the Stare;

2.3. Exhibit C - Transfer of Ownership Agreement/Equipment Receipt and Acceptance; and

2.4. Exhibit D - 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 und the State of Michigan.


3.2. The Fiduciary shall comply with all requirements set forth in the 2009 Homeland Security Grant Program Guidance.

3.3. The Fiduciary shall purchase equipment with the Grant Program funds in accordance with the Fiduciary's purchasing policies and procedures. The Region 2 Planning Board shall detemline 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 listlinvemory 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 physicallocarion of the equipment.

3.5. The Fiduciary shall transfer ownership and legal title to the equipment purehased with Gram Program funds to Political Subdivisions, designated by the Region 2 Planning Board, via the Transfer of Ownership Agreement attached as Exhibit C. The Homeland Security Division Manager shall execute the Transfer of Ownership Agrecment on behalf of thc Fiduciary and the Chairman of the Board of Commissioners shall execute the Transfer of Ownership Agreement on behalf of the Political Subdivision.

3.6. The Fiduciary shall notify each Political Subdivision at the cnd of the Fiduciary's fiscal year of the dollar amount of equipment that has bcen trausferred 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 rransferred or services purchased after the applicable Request for Reimbursement Forms, attached as Exhibit D, are propcrly cxecuted by the Parties. The Fiduciary's Homeland Security Division Manager shall execute the Forms on behalf of the Fiduciary and the Emergency Management Coordinator of Emergency Management & Communications (his/her designee) shall execute the Forms on behalf of the Pol itical Subdivision.

3.8. The Fiduciary shall reimburse the Political Subdivision, as directed by the Region 2 Planning Board, with Grant Program fuuds for salaries and overtime for Political Subdivision employees andlor agents. Such funds shall only bc transferred after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly exccuted by the Parties. The Fiduciary's Homeland Security Division Manager shall execute the Forms on bchalf of thc Fiduciary and the Emergency Management Coordinator of Emcrgency Management & Communications (his/her designce) 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. 1. Upon receipt of equipment purchased with Grant Program funds, the Political Subdivision shall exeeute 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 pennitted to use the equipment until the Fiduciary receives an exeeutcd Transfer of Ownership Agreement. The Political Subdivision agrees to be bound by all tenns and conditions of the Transfer of Ownership Agreement, attached as Exhibit C

4.2. Upon execution of the Transfer Ownership Agreement, Exhibit C, the Polirical 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 willfuHy 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.


4.4. 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 infonnation 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 Gram 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 Subdi'vision 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 detennination by auditors.

Page 4 2009 Homeland Seeurity Grant Program Funding Agreemeut - Final

4,8. The Political Subdivision shall make the equipment available to thc Fiduciary and State and Federal Auditors upon request.

4.9. Prior to reimbursemem for the purchase of services and/or for salaries or overtime, the Political Subdivision shall properly executc the applicable Request for Reimbursement Fonns, attached as Exhibit D. The Political Subdivision shall nat receive reimbursement for services, salaries. 8ndior overtime until all applicable Request for Reimbursement Farms are properly executed. The Fiduciary, in its sole discretion, shall determine if the Request for Reimbursement Fonns are properly executed.

5. REGION 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and acknowledge th<Jt the Region 2 Planning Board shall have the following responsibilities:

5.1. Undertake studies and make recommendations on matters of emergency m8n8gement and homeland security to Political Subdivisions in the Region;

5.2. Prepare and present to the State Homeland Security Advisory Council tindings of activities and initiatives undertaken in the Region;

5.3. Hold public meetings, subject to the Michigan Open ~1cetings Act;

SA. 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 progrmll requirements;

5.5. Establish sub-committees to carry out its work;

5.6. Advocate for, monitor, 8nd actively engage in the implementation oflhe Regional Homeland Security Strategy; and

5.7. Detennine what type of equipment will be purchased with the Grant Program funds, detennine what equipment each Political Subdivision will receive, and convey this infomution to the Fiduciary immediately after such detenninations are made.


6. 1. The Agreement and ,my <Jmendments hereto shall be etfective 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 telms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party.

7. ASSURANCES.

7. 1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acls, and the defense of those acts.

7.2. The Parties have taken all actions and secured all 8pprovals necessary to aurhorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have


legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein.

7.3. Each Party shall comply with <Ill federal, state, and local ordinances, regul<ltions, 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 2009 Homeland Security Grant Program Guidance.

8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Pany may terminate andlor cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of temlination and/or cancellation shall be clearly stated in the notice. If this Agreement is temlinated and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of ternlination and/or cancellation, shall remain valid and govern the Parties' duties and obligations regarding equipment transferred to the Political Subdivision and the Parties shall exeeute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of tennination and/or eancellation.

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.

ro. DISCRI!\HNATION. The P<lrties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities \1,'ith respect to hire, tenure, ternls, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law.

1l. PERMITS AND LICENSES. Each Party shall be responsible for obt<lining and maintaining, throughout the term of this Agreement, all licenses. pennits, 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 Pany 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 del<ly 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 tenn, eondition, or provision of this Agreement, whether by eonduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of <lny term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require striet perfonnanee of this Agreement.


IS. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid. then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions. and provisions of this Agreement shall remain in full force.

16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended tor 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 Jnd 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 ...... ith 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: Macomb County Emergency Management & Communications, 21930 Dunham Road, Mt. Clemens, 1\11 48043.

17.3. Either Party may change the address and/or individual to which Notiee is sent by notifying the other Party in writing of the ehange.

18. GOVERNING LAW. This Agreement shall be govemed, interpreted, and enforced by the laR's of the State of Michigan.

19. AGREEMENT MODIFICAnONS OR AMENDMENTS. Any modifications, amendments, recessions. waivers, or releases to this Agreement must be in writing and executed by both Parties.

20. ENTIRE AGREE~IENT. 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 thc Oakland County Board of Commissioncrs. 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: _C'C;;-le-,k;-:;;;R;-,-gi~.st"',-,,..of,cD;c;-ee-d;-s---------

County of Oakland

Political Subdivision: Macomb County

Pmil Gieleghem, Chairman Date Macomb County Board of Commissioners


Exhibit A

Region 2 Homeland Security Planning Board R£: 2006 Homeland Security Grant Progrnm Fiduciary

WHEREAS, the United States Department of Homeland Security, Office of Domestic Preparedness and the Stale of Michigan entered Into the 2006 Homeland Seeurity Grant Program Agreemenr ("Federal Grant");

WHEREAS, lhe Federal Grant requires thal the State pass Lhrongh eighty (80) percell\ of the Federal Grant funds to local governmental entities;

WHEREAS, the Miehigan Homeland Proteclion Board (created via Executive Order No, 200].06) creatcd Regional Homeland Security Planning Boards throughout the Stale;

WHEREAS, the Michigan Homeland ProtectIOn Board lias charged tbe Regional Homeland Secunty Planning Boards to idenlify and priOritize how the Federal Grant funds will be uscd and to allocate lhe Federal Grant funds to the Political Subdivisions;

lA' HEREAS, tlJe Regional Homeland Sccurity Planning Board for Region 2 ("Region 2 Planning Board") is comprised of thc area of the City of Delroil, and Macomb, Monroe, Oakland, SI. Clair, Washtenaw, and Waync Counties ("Political Subdivisions");

WHERE..l,S, the Region::: Planning Board is nO! a legal entity that can be a subgrantee for the Federal Grant or thai can manage and distribute the Federal Grant funds; and

WHEREAS, thc Region 2 Planning Board dcsires that Oakbnd County, Michigiln, be thc subgrantee for lhe Federal Grant and act as tlJe Fiduciary for the 2006 Homeland Security Grant Program.

NOW THEREFORE BE IT RESOLVED thai the Region 2 Planning Board has cleeted and appointed Oakland County ("Fiducial)''') to act as lhe Fiduciary for the 2006 Homeland Security Grant Program and Oakland County acecpts ,he position ofFiduciilJ),'. As fiduciary. Oakland County slJall be the subgrantce wilh thc Stale of Michigan for the 2006 Homeland Security Grant Program for Region 2.

BE IT FURTHER RESOLVED, thai the Fiduciary shall acceplthe 2006 Homeland Sccurity Grant Program funding for Region 2 and shall perform the following:

(I) Comply with all the requirements set fonh III the Grant Program Agreement belween tlJe Fidueiary and the State of Michigan, a copy of which is attached to this Resolution;

(2) Purchase equipment, as d~rccled by the Region 2 Planning Board, witb Grant Program funds in accordance with the Fiduciary's purchasing policies and procedures;

(3) ReHnburse or purchase ser.'ices for lhe Political Subdivisions wilh Grant Program funds, as directed by the Region 2 Planning Board;

(4) Reimburse the Political Subdivisions, asdirecled by the Region 2 PlannIng Board, with Grant Program funds for salaries and overtime of Polilical Subdivision employees and/or agents;

(5) T"n,f" own",hi.p "d leg,1 titl, to 'qwpm'nt pccd""d with G"nt Pmg"m fund; to Polllical Subdivisions designaled by the Region 2 Planning Board; such transfer shall be accomplished pursuant to lhe atlached 2006 Homeland Security Granl Program Inter',ocJI Funding Agreemenl and the Transfer of Ownership Agreement ("Agreemenls") which shall be entered into between the Fiduciary and each Political Subdivision; and

(6) Provide copies of lhe executed Agreements to the Region 2 Planning Board Secretary.

8E IT FURTHER RESOLVED, that the Political Subdivisions shall perfonn the following: (1) Execule the allaehed 2006 Homeland Security Grant Program lnterlocal Funding Agreemenl; (2) Upon receipt of equipment, properly execule the a\lached Transfer of Ownership Agreement for

eaeh piece of equipment; and

Exhibit A

(3) Prior to reimbursement for Ihe purchase ofser,:ices or for salaries or overtime, properly execute the applicable Request for Reimbursement Porms which are attached to this Resolution.

BE IT FURTHER RESOLVED, that the Region 2 Planning Board shall perform the following: (I) Undertake studies and make recommendatIons on matters of emergency management and

homeland security to Political Subdivisions in Region 2; (2) Prepare and present ,0 the State Homeland Secur,ty Advisory Council findings of activities and

initiatives undertaken in Region 2; (3) Hold public meetings; (4) Perform such other acts or functions as it may deem necessary or appropriate Lo fuifilllhe dLllies

and obligations imposed by Federal and State homeland security program requirements; (5) Establish subcommittees to carry out its work; (6) Advocate for, moniwr, aud actively engage i<1 th~ implementation oflhe Regional Homeland

Security Strategy; and (7) Determine what type of equipment or services will be purchased with the Grant Program funds,

determine what equipment or services each Political Subdivision will receive, determine s3.1ary illllounts and overtime amounts thaI each Political SubdivIsion shall receive, and convey this If\formalion to the Fiducial)' immedla:ely after such determinations afe made

BE IT FURTHER RESOLVED, lhat Political Suhdivisions will nol obtain title to the equipment and will not be pennitted to usc the equipment until the Fiduciary receives the properly executed Agreements,

BE IT FURTHER RESOLVED, lhalthc Political Subdivision shall not receive reimbursement for the purchase of services or for salaries or ovenime, unli: the Fiduciary receives the properly e:<eculed Request for Reimbursement Forms.

BE lT FURTHER RESOLVED, Ihalthc fiduciary shall receive up to one (I) percent of the 2006 Horndilnd Securit)' Grant Program funds for gr311l management and administration.

BE IT FURTHER RESOLVED, that the Region 2 Planning Board approves th~s Resolution <lnd the 2006 Homeland Secunty Grant Program Interlocal Fundillg Agreement and directs the Chairpersons to sign this Resolution and the State of Michigan 2006 Homeland Security Grant Program Grant Agreement.

BE rr fURTHER RESOLVED, thaI \he Oakland County Board of Commissioners approves this Resolution and dir~cts its Chairperson to sign this Resolution,

/ I )!.\!~, ,l"\ 1'm<I" ._--'----~-Bf;;-nda Ice, Co-Chairperson Dale Reglon 2 Planning Board

, ,w_L<LiJ) -.lL-/{ ames Guford, CO-Chalrpe~ Date

RegIOn 2 Planning Board

fh.c( gjl~L;6/'J1 i •-,' Bill Bullard, Jr., Chilirperson / ( Oakland County Board ofCommissioners

2

SE MICHIGAN URBAN AREA SECURITY INITIATIVE BOARD REGULAR MEETING

August 19, 2009 10:00 A.M. Oakland County Executive Office Conference Room

2100 Pontiac Lake Road Waterford, MI 48328

I. CALL TO ORDER at 10:00 A.M.

II. ROLL CALL Present: Brenda Ice, Detroit; Vicki Wolber. Macomb; Theodore Quisenberry, Oakland; Jeff Friedland, St. Clair; Marc Breckenridge. Washtenaw; Gregory Williams, Monroe; James Buford, Wayne; Cindra James, 2~S Healthcare Sector; Jennifer Floyd. MMRS; Bill Forbush. SE Michigan Fire Chiefs; Richard Niemeslo, SE Michigan Law Enforcement; Sean Brosnan, Mass Transportation; Edward Marohn, Maritime Security; Dave Daniels, Citizens Corp.

Absent: Walt DalJis, Mark Martinez. State Administrative Agency; Heather Slowik 2-N Healthcare Sector

II. APPROVAL OF AGENDA Additions: Communications - State Breakdown 2008 Allocations. Buford New Business - Election of Officers, Wilnams; Vigilant Guard Exercise, Brown

Motion by Friedland, supported by Ice, approve agenda as amended. Motion carried unanimously

III. APPROVAL OF MINUTES Motion by Friedland. supported by Williams, to approve the SE MI UASI Board minutes of June 17, 2009, Motion carried unanimously.

IV. PUBLIC TIME Dave Daniels asked approval and was granted to bring up the regional SWAT proposal under the Fiduciary Report.

V. COMMUNICATIONS: A. First Responder Board Liaison - Wolber providec the Board with her resignation as liaison to the -First Responder Committee. B. Region II Citizen Corps Council - Daniels provided his resignation as chair to the eee. C. Oakland County Board Representatives": Lewis noted correspondence regarding Oakland County's LPT representatives to the Board - Theodore QUisenberry as member and George Miller as alternate. D. Fiduciary Update - Lewis advised that he has contacted the 2006 project leads and if anyone did not finish their 2006 project 10 contact him immediately. Wolber recognized Daniels who spoke of conCerns regarding some Mobile Field Force members still need to receive training. Members have until December 15, 2009, if not, the funded equipment will need to be returned for re-distribution. E. 2008 Slate Breakdown Allocation - Buford briefed everyone and advised he will email out the allocations.

1

Motion by Breckenridge, supported by Friedland, to accept the communications. Molion carried unanimously.

VI. COMMITIEE REPORTS A Critical Infrastructure - A meeting was held and Sean Brosnan was elected chair.

Friedland reported that it is highly recommended that one needs to be PCll certified to be a member. It was noted that the LPTs need clarification on this matter for their member appointments.

B. Interoperable Communications - Attendance and meeting minutes were attached. C. Organizational Structure - Novak reported that the workgroup was meeting to

complete the work identified in the UASI Strategy. The sustainability issue will be discussed a future meeting.

D. Regional Training - No Report. E. First Responder - No Report

Motion by Friedland, supported by Williams, to accept Committee Reports. Motion carried unanimously.

VII. OLD BUSINESS A UASI Committee Investment Strategy Assignments - As the members did not have their LPTs look at the document. it will be resent out for discussion at the next meeting.

IX. NEW BUSINESS A 2008 UASI Grant - Lewis provided an overview of the funding and grant guidance.

Buford noted that the same process as previous ~ars be followed - presentation to the Board to take back to the LPTs, then vote at the next meeting. Once approved, that only the fiduciary submit to the State. The group discussed: many small projects vs. large projects; Committees should work on projects: timeline for submittals; what makes a regional project and number of board members supporting; aligning projects to the strategy and investments.

Motion by Breckenr1dge, supported by Quisenberry, that all regional projects must be recommended by a committee and submitted to the secretary in time for distribution for the February UASI Board meeting. Motion carried unanimously,

Daniels spoke on a LETPP proposal for a regional LE CBRNE response type II team.

B. 2008 Interoperable Emergency Communications Grant - Buford reported that Wayne County will be fiduciary for the $361,000 grant. No equipment is allowed and it will be sent to the Interoperable Communications Committee. Discussion ensued on fiduciary, grant process, audit, inter-local agreements.

Motion by Williams, supported by Quisenberry, to advise ~C;;tateHomeland Security Emergency Management Division that all grantS; Inciuding the V . ~ Interoperable Emergency Communication Grant, go through the regional 1"..151 on ~ designated fiduciary. Motion Carried, nays Buford, Ice. .-:=-

2

.'

C. 2009 Investment Scorecard - Buford and Lewis reviewed the scores UASI received for 2009. Members will receive a copy via ema:!.

D. MDCHIEMS CE Credits - Breckenridge spoke on the denial of CE credits for ICS 3QOf400 classes. Deb Bayer addressed the board regsrdi(lg the Slate updating their protocols. Once done the courses should receive approval.

E. Election of Officers

Motion by Breckenridge, supported by Friedland. to nominate Quisenberry 3S Secretary.

Motion by Breckenridge, supported Friedland, to close the nominations. Motion carried, nay Ice.

Motion by Williams to nominate Friedland 8S Chair MoUon by Ice to nominate Buford as Chair. Buford closed the nominations

Motion by Ice to nominate Williams as Vice Chair Motion by Friedland to nominate Breckenridge as Vice Chair BUford closed the nominations

Paper ballot was held. Friedland elected chair with 5 votes. Breckenridge elected vice chair with 4 votes.

F. Exercise -Aubrey Brown briefed the board on the Vigilant Guard June 2010 full scale exercise.

Buford asked jf the Board had anything else to discuss

• QUisenberry requested an update on the state's activities and Buford's attendance at the Homeland Security Protection Board. Buford also advised to contact Capt. Sands regarding meeting dates.

• Buford reported on the TESA exercise. . • Buford noled the attendance of the Maritime represenlative. • Brosnan reported on an airport exerci;;e.

X. ADJOURNMENT Motion by Ice, supported by Friedland to adjourn the meeting at 11 :47 A.M. Motion carried unanimously.

Respectfully submitted. G. Novak, 8/19109

3

Exhibit B


Augusl1. 200910 April 30, 2012

CFDA Number: 97.067 L Grant Number: ~_009.SS.T9.0060

This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the SUbgramor), and the

COUNTY OF OAKLAND (hereinafter called ',he Subgranlee)

I. Purpose

The purpose of this grant agreement is \0 provide federal pass-through funds to the Region 2 Homeland Security Plann:,ng Board through the Subgranlee (which has been voted and approved to act as the fiduciary agent for the Board) for the FY 2009 HSGP. The HSGP provides federal funds for the purpose of preventing, deterring, responding to, and recovering from Incidents of National Significance, including threats and incidents of terrorism.

The 2009 HSGP is a primary funding mechanism, operated by the United States Department of Homeland Security (DHS) 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) - The State Homeland Security Program (SHSP) is a core assistance program that provides funds to build capabilities at the stale and local Activities implemented under SHSP must supporllerrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, or response to, and recovery from 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 Ihis program that are not explicitly focused on terrorism preparedness. linkages between specific projects underlal<en with SHSP funds and strategic goals and objectives will be highlighted through regular required reporting mechanisms, including the Biannual Strategy Implementation Report (BSIR).

• Urban Areas Security Initiatl....e (UASI) - The intent of the UASI program is 10 enhance regional preparedness in major metropolitan areas. The UASI program directly supports the National Priority On expanding regional collaboration :'1'1 the National Preparedness Guidelines and is intended to assist participating jurisdictions In developing integrated regional systems for prevention, protection, response, and recovery The FY 2009 UASI program continues this mission by providing financial assistance to address the unique multidiscipline planning, organization, eqUipment, training, and exercise needs of high threat, high-density urban areas, and to assist them in building and sustaining 13 capabilities to prevent, protect againsL, respond to, and recover from threats or acts of terrorism.

The FY 2009 UASI program is intended to enhance regional preparedness efforts Urban areas must use these funds to employ regional approaches 10 overal1 preparedness and are encouraged to adopt regional response structures whenever appropriate. UASI program implementaLion and governance must Include regional partners and should have balanced representation among entities with operational responsibilities for prevention, protection, response, and recovery activiLieS within the region. States must ensure Lhat lhe identified urban areas Lake an inclusive regional approach to the development and implementalion of the FY 2009 UASI program and involve the contiguous jurisdictions, mutual aid partners. port authorities, rail and transit authorities, campus law enforcement state agencies, Citizen Corps Council(s), and MMRS jurisdictions in their program activities.

Activities 'Implemented under UASI 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 the dual-use quality for any activities implemented lhat are not explicitly focused on terrorism preparedness.

2009 HSGP Grant Agreement County of Oakland (Region 2 fiduciary)

Page 2 of 9

Funding Priorities Priorities for the FY 2009 HSGP have been modified based on the risk-based funding and the capability-based planning process used by the DHS. FY 2009 HSGP will focus on the following objectives as its highest priorities:

1, Address capability requirements and measure progress in achieving the National Preparedness Guidelines: 2. Support the national priority to strengthen planning and citizen preparedness capabilities by strengthening

preparedness planning. 3. Support the national priority to strengthen information sharing and collaboration capabilities by maximizing

information sharing via the national network of fusion centers 4, Support the national priority to strengthen medical surge and mass prophylaxis by developing and

enhancing health and medica! readiness and preparedness capabilities 5. Support the national priority to strengthen Chemical, Biological, Radiological/Nuciear, and Explosive

(CBRNE) detection, response, and decontamination capabilities by strengthening Improvised Explosive Device (lED) attack deterrence, prevention, and protection Capabilities

6. Support the national priority to strengthen CBRNE detection, response, and decontamination capabilities by strengthening preventive radiological/nuclear detection capabilities

II. Objectives

The principal objective of this grant agreement is to provide financial assistance to the Region 2 Homeland Security Planning Board to support HSGP allowable activities. Allowable Investments made in support of the programs listed above must fall into one of the following five cost categories:

1. Planning 2. Organization 3. Equipment 4. Training 5. Exercises

For guidance on allowable costs and program aclivities, please refer to the 2009 Federal HSGP Guidance, located at http://www.fema. govIpdf/governmenVgrantlhsg p/fy09_hsgp_guidance. pdf.

To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Homeland Security Preparedness CommiLtee, has created a list of priority projects that Subgrantees shall use their 2009 HSGP funds to support. These projecls w-ere derived from the 11 Investment Justifications developed by EMHSD that are to be implemented at the regional/local level. Additional information is provided in the Michigan FY 2009 HSGP Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY 2009 HSGP funds. Subgrantees must consider the needs of local units of government, tribal governments, and applicable volunteer organizations in the projects and activities included in their FY 2009 HSGP appiication.


Funding for the Fiscal Year 2009 HSGP is authorized by the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110-329).

The Subgrantee agrees to comply with all HSGP program requirements in accordance With the FY 2009 HSGP Guidance. 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 htlp:l!eCFR.gpoaccess.gov/cgift/textltextidx?c=ecfr&tpl=/ecfrbrowsefTille44/44cfr13_main_02.tpl

2. 2 CFR, Part 215, Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations (OMB Circular A-11 0), located al http://ecfr.gpoaccess.gov/cgilVtext/textidx?c=ecfr&s id=5f90b818356757091 bb65ea93f163c6a&tpl=/ecfrb rows efTitleO2/2cfr215_main_02.tpl


Page30f9

B. Cost principals 1 2 cr;R, Part 225, Cast Principals for Slate, Local, and Indian Tribal Governments (OMB Circular A-87).

located at http.tlecfrgpoaccess.gov/cgi/tllext/textidx?c=ecfr&tpl =/e cfrbrowserTit leO 2/2cfr225_ ma In_02 .tpl

2. 2 CFR, Par! 220, Cast Principals for Edueationa/lnstitulions (OMB Circular A-21), located at http://edr.gpoaccess.govlcgi/t/texl/text-idx?c=ecfr&rgn=div5&view=text&node=2:1 1 2.3.4 &id no=2

3. 2 Cr;R, Part 230, Cos! Prjncipals for Nan-Profit Organizations (OMB Circular A-122), located al http://eclr.9Poaccess.gov/cgi/t/textltext-idx?c-=ecfr&tpl:::/ecfrbrowsetTitle02/2cfr230_main_02. tpl

4. r;ederal Acquisition Regulations WAR), Part 31.2 Contract Cast Principles and Procedures, Can/raels with Commercial Organizations, tocated at https:fIwww.acquisition.gov/far/htmIISubpart%2031_2.html#Wp1095552

C. Audit Requirements 1.0MB Circular A-133, Audits of States, Local Governments, and Nan-Profit Organizations, located at

http:!fwww.whitehouse.gov/omblcirculars/a133/a133.htmI


The COUNTY OF OAKLAND, as the Fiduciary Agent for Region 2, is awarded $2,967,318.00 under the FY 2009 HSGp. This total consists of $270,998.00 from the SHSP program and $2,696,320.00 from the UASI program.

FY 2009 HSGP does not contain a separate line-item for Law Enforcement Terrorism Prevention Program (LETPP). Ho\.Wver, at least $74,606.00 of SHSP award funds and $706,976.00 of UASI award funds must be dedicated towards law enforcementlerrorism prevention-oriented planning, organization, training. exercise. and equipment activities.

At least $67,750.00 of SHSP award funds and $674,080.00 of UASI award funds must be dedicaled to strengthening preparedness planning through planning, training, and exercising activilies. This is a DHS requirement and additiona'i details can be found in the FY 2009 HSGP Guidance

This grant agreement designates HSGP funds only for reimbursement of authorized costs that are incurred during the FY 2009 Grant Agreement period. Grant agreement funds shall no! be used for other purposes. Allocations fer the FY09 HSGP have been determined on a regional basis through a funding methodology consistent with current Department of Homeland Securily (DHS) guidance. Regional Boards have been created to ensure that all jurisdictions Within a designated region have an equal say in how funds are spent.

For any activities involving construction, demolition, or installations of equipment; an Environmental and Historic Preservation (EHP) Review must be completed prior to any work being done. Any activities that have been initialed without the necessary EHP review and approval will result in a non·compliance finding and will not be el1gibJe for federal funding.

Final determination on how funds awarded by this grant agreement wiJI be allocated wiJf be determined through a review process by the Subgrantor of projects submit1.ed by the Region 2 Homeland Security Planning Board, not by the Subgrantee.

V. Responsibilities of the Subgrantee

FY 2009 HSGP funds must supplement, not supplant, state or local funds. Federallunds will be used 10 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 Subgranlee may be required to supply documentation certifying that I! did no! reduce non-1ederal1unds 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.


Page 4 of 9

The Subgranlee agrees to act as the designated Fiduciary Agent for the Region 2 Homeland Security Planning Board. As the designated Fiduciary Agenl of Region 2, the SUbgrantee agrees to comply with all applicable federal and slate regulations including, but not limited to, the fOllowing

A. in addition to this 2009 HSGP Grant Agreement, the Sucgrantee 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. Request for Taxpayer Identification Number and Certincation (W-9) 5. Other documents that may be required by federal or state officials

B. The FY09 Home\and Security Granlcovers eligible costs from August 1,2009 to April 30, 2012. Please refer to the Fiscal Year 2009 Homeland Security Grant Program Guidance, located at htlp:ilw\wJ.fema.gov/pdflgovernmentlgranlfnsgp/fy09_hsgp_Quldance.pdf" for a detailed list of what costs are eligible under this grant, Allowable costs are specifically addressed in Part VIII of the HSGP Guidance

C. Make all purchases in accordance with grant guidance and local purchasing policies.

D. Submit project applications to the Subgranlor, which have been prepared and approved by the Homeland Security Regional Board, (or evaluation and approval of projects prior to starting a project. All projects must meet DHS and EMHSD grant guidelines and must directly support one of the required projects from the regional supplemental9uidance, and at least one of lhe 37 target capabilities. Projects should be coordinated with Regional Homeland Security Board activities. Any project that proposes a change in scope of work during the granl performance period must be resubmitted to the Subgran lor for approval,

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 nol submitted, the SUbgrantee will be held responsible for all costs determined to be inelig(ble by Hle Subgrantor or DHS,

F. Within 30 days of lhe end of the Subgranlee's fiscal year, the SUbgrantee musl supply a document to the other local government agencies reporting the dollar amount spent on their behalf, so the local government agencies can submit lhe 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 489105883

G. Create and maintain an inventory of all FY 2009 HSGP equipment purchases that lists, at minimum, lhe piece of equipment, the cosL of the equipment, what agency the equipment is assigned to and lhe physicaj location of the equipment for the grant period and for at leasllhree years alter the gran! is dosed by the awarding Federal Agency, Subgrantees are advised thai, when practicable, any equipment purchased w'l\h grant funding shall be prominently marked as follo\lVS: "Purchased with funds provided by the U.S. Department of Homeland SecuriLy". Within 30 days of the end of the Subgrantee's fiscal year, the SUbgrantee must supply a copy of this inventory to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, lansing, Michigan 48910-5883

H Make FY09 HSGP equipment available for pick-up by other government agencies per equipmenl assignments by the Region 2 Homeland Security Planning Board. This prOCess needs to include legal transfer of the equipment Lo the designated government agendes. At minimum, the Subgrantee should prepare documents, which when signed, Will indicate other designated governmenl agencies accept full legal and financial responSibility for pieces of eqUipment.

I. The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD"{}54) and ali reqUired attached documentation, including all required authorized signatures, and submit it 10 the Subgrantor at a minimum at the end of each Quarter (01 more frequently, as needed), Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type,

2009 HSGP Gri3nt Agreement County of Oakland (Region 2 fiduciary)

Page 50f9

and individual exercise, Re;,mbursemenl Cover She.ets must be filled out completely or they will be returned to tile Subgrantee for proper completion, Please refer to the Reimbursement Guidance i,nciuded with each of the reimbursement forms. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMHSD website, located at hltp:/IWNW.michigan.govlmsp/O, 1607,7-123-1593._3507_41574-214684--,00.html. The Subgrantee wid not be reimbursed for funds until all required signed documents and reimbursement documents are received

J. Submit quarterl,y progress reports to the Subgrantor on the status of all approved projects. The due dates for quarterly work reports are delailedln Section VII of this agreement.

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, 2010, July 20,2010, January 20, 2011, July 20,2011, January 20,2012, and July 20,2012, The reporting periods are from January 1 through June 30 and JUly 1 through December 31. The f'.nal BSIR is due 90 days after the end date of the FY09 HSGP award period.

L, CompLY with FY09 National Incident Management System (NIMS) implementation requirements and move towards completion by September 30, 2012. FY09 N\MS requirements must be fully complied willl by September 30, 2012. NIMS information is available at hllp:llwww.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 proll/sions: 1, Account for receipts and expenditures, maintain adequate 'inancial records. and refund expenditures

disallowed by federal or state audi!. 2. Retain all financial records, statislicaJ records, supporting documents, and otller materials pertinent to

the FY 2009 HSGP for at least three years after the grant is closed by the awarding Federal Agency, for purposes of federal 3nd/or state examination and audit.

3. Perform the required financial and compliance audits in accordance with the Single Audi\ Act of 1984, as amended, and OMB Circular A-133, "Audits of States, Local Governments, and Non-profit Organizations," as further described in 44 CFR, Part 13.

N. Integrate individuals with disabilities into emergency planning, per Executive Order 13347

o Environmental and Historic Preservation Compliance: The federal government IS required \0 consider the polential ',mpacts to the human and natural enllironment of projects proposed for federal funding. The Environmental and Historic Preservation (EHP) Program, engages in a review prOcess to ensure that federally-funded activities comply with var'IOUS federal laws. The goal of these compliance requirements IS to protect our nation's waler, air, coastal, wildhfe, agriCUltural, historical, and cultural resources, as well as to minimize potential adverse effects to children and low-income and minority populations Tne Subgranlee shall not undertake any project hailing the potential to impact EHP resources without prior approval.

Any activities that have been Initiated without the necessary EHP review and approval will result in a non-compliance finding and will not eligible for federal funding.

VI. Responsibilities of SUbgrantor

The ~ubgrantor, in accordance with the general purposes and objectives of this grant agreement, will:

A. Administer tne FY09 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 to the Subgrantee any special report forms and reporting formats (templates) required for operation of the program.

2009 HSGP Grant Agreement County or Oakland (Region 2 fiduciary)

Page 6 of9

D. Reimburse the Subgrantee in accordance with this grant agreement, based on appropriate documentation submitted by the SUbgrantee.

E. Independently, or in conjunction with DHS, conducl random on-site reviews.

VIr. Reporting Procedures

Submit quarterly progress reports to the Subgrantor on the status of all funding, Quarterly progress reports are required whether or not expenditures are incurred

Subgranlees failure to fulfill the quarterly reporting requirements, as required by the grant, may result in the suspension of granl activities until reporls are received.

Reporting quarters for each year are as follows:

January 1 through March 31

April 1 through June 30

July 1 through September 30

October 1 through December 31

The final reporting quarter ends with the end of the grant performance period, which may resull in this final quarter being less than three months in duration.

Quarterly reports are to be submitted by end of the month following the end of each quarter. T,1e firsl Quarterly Progress Report for the FY09 HSGP grant is due on April 30, 2010, Reports are to be sent electronically to emd _hsgp@michigan,gov.

VIII, Payment Procedures

The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all reqUIred attached documentation. including all required authorized signatures. and submit it to the Subgrantor at a minimum at the end of each quarter (or more frequently. as needed). Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion. Please refer to the Reimbursemenl Guidance Included with each of the reimbursement forms The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMHSO website al hltp:IIW\WJ.michigan.gov/msp/0.1607.7-123~1593_350741574-214684--,00,htmi. The Subgran\ee will not be _reimbursed for funds until ail required signed documents and reimbursement documents are received

Drawdown of Funds in Advance: Subgrantees may request funds (for purchases of $25.000 or more) up to 120 days prior to expenditure. Ali of the folJowlng requirements must be met 10 obtain advanced funds: 1) The SUbgrantee must complete a letter slating the reason they are requesling an advance; 2) The Subgrantee must submit a copy of an approved purchase order showing the delivery date for the ilems ordered to be within 120 days of the purchase order dale: 3) These funds must be placed in an interesl-bearing account (2CFR, part 215,22k). The Subgrantee may keep interest up to $100 per year (CFR44. part 13.21 h) for administrative expenses for all federal grants combined (per OHS Financial Management GUide, January 2006). 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 remil\ed to: MSPfEMHSD. Financial Section, 4000 Collins Road. Lansing, MI 48910. The Subgrantee must also notify the Subgranlor in writing of any interest earned over $100 Quarterly,


Page70f9


Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-larsen Civil Righls Act. 1976 PA 453, as amended, MCl 37,2101 et seq., the Persons with Disabilities Civil Rights Act. 1976 PA 220, as amended, MCl 37.1101 et seq., and all other federal, stale and local fair employment practices and equal opportunity ',aws and covenants that it shaH not discriminate against any employee or applicant for employment, 10 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 malter directly or indirectly related to employment because of his or her race, religion, color, national origin, age, sex, height, weighl, marllai status. limited English proficiency. or handicap that is unrelated to the individual's ability to perform the duties of a particular job or posirlon Subgranlee agrees to include in every slJbcontract entered Into for the periormance of this grant agreement this covenant not to discriminate in employment. A breach of lhis covenant is a material, breach of the grant agreement.

The Subgranlee shali ensure that no subcontractor, manufacturer, or supplier of the SUbgrantee appears in the register compiled by the Michigan Department of Energy, Labor, and Economic GrOw1.h, Bureau of Commercial Services, Licensing and Enforcement Divisions, pursuant to 1980 PA 278, as amended, MCl 423.321 et seq. (Slate COntractors with Certain Employers Prohibiled Act), or on the Federal Excluded Party List system, located at WVIIW.epls.gov.


Subgrantor and Subgrantee to lhis grant agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation Ihat 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 /0 be construed as a waiver of governmental immunity.

Xl. Third Parties

This grant agreement is not int.ended to make any person or entity, not a party to thiS grant agreement, a third party beneficiary hereof or lo confer on a third party any rights or obligations enforceable in their favor.


This grant agreement is in full force and effect from August 1, 2009 to April 30, 2012. 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 identicai sets. simuitaneously executed: each IS considered an original having idenlicallegal effect. This grant agreement may be terminated by either party by giving thirty (30) days written notice to the oliler party stating reasons for termination and the effective date, or upon the failure of either party '.0 carry out the terms of the grant agreement. Upon any suc~, termination, the Subgrantee agrees to return to the SUbgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to reimburse the SUbgranlee. Upon termination of grant agreement. .the SUbgrantee shall submit documentation,ln a format specified by the SUbgrantor, to formally end Its status as fiduciary.


This grant agreement i,S governed by Ihe laws of the State of Michigan and supersedes ail prior agreements, documents, and representations between Subgrantor and Subgrantee, whelher 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 dale set forth in Section XII above. No party to this grant agreement may assign this grant agreement or any of his/herlits rights. interest, or ob\',galions hereunder

2009 HSGP Grant Agreement County 01 Oakland (Region 2 fiduciary)

Page 8 of9

wlthoutlhe 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 re'Tlain valid_

The Subgrantor may suspend or terminate sUbgrant funding, in whole or in part, or other measures may be imposed lor 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 statulory objectives of federal or state taw.

Failure to make satisfactory progress toward the goals or objectives sel forth in the subgrant app',ication • Failure to follow grant agreement requirements or special condilions. • Proposal or implementation of substantial plan changes 10 the extent that, if originally submitted, the project

would not have been approved for funding • Failure to submit required reports. • Filing of a false certification in the application or other report or document. • Failure to adequately manage, monitor or direct the grant funding activities of their subrecipients.

Before taking action, the Subgrantor will provide the Subgranlee reasonable notice of inlenlto impose corrective measures and will make every efforlto resolve the problem ',nformally.


The Subgranlor 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 granl or subcontract; or convicted of a criminal offense, including but not limited to any of the following: embezzlement theft, forgery, bribery. falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under stale or federal antitrust statutes; or convicted of any other criminal offense which, in the sale discretion of the Subgrantor. reflects on the Subgrantee's business integrity.

XV, Freedom of Information Act (FOtAI

Much of tr,e 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 ;,nterests. This may include threat, risk. and needs assessment information; and discussions 01 demographics, lrans;Jortation, 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 The Subgrantee 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


Page 9 of9


For the SUbgrantee. The individual or officer signing this grant agreement certifies by his or her signature that he or she is authorl2.ed to sign this grant agreement on behalf of the jurisdiction he or she represents. The Subgrantee agrees to complete all requirements specified in this grant agreement.

County of Oakland Name of Jurisdiction

Printed Name Title

Signature Date

For the Subgrantor (Michigan Slate Police - Emergency Management and Homeland Security Division)

Deputy State Director of Emergency Capt. W. Thomas Sands Management and Homeland Security Printed Na e Ti~le

For the Regionai Board: The Regional Board Chair's signature appears on this grant agreement as a certification that Region 2 Homeland Security Board has chosen the County of Oakland to serve as the fiduciary agent for the 2009 HSGP. This signature does not provide inclusion of the Regional Board ChaIr or the jurisdiclion he or she represents as part of the agreement between Ihe Subgrantor and Subgrantee.

Regional Board Chair Printed Name Title

Signature Date

EXHIBITC

TRANSFER OF OWNERSHIP AGREEMENTIEQUIPMENT RECEIPT AND ACCEPTANCE FOR PURCHASES UNDER CFDA NWmER

This Transfer of Ownership Agreement ("Ownership Agreement") is exeeuted by and between the County of Oakland, 1200 North Telegraph Road, Pontiae. Miehigan 48341 ("Fiduciary") and (Insert name and address of Political Subdivision) C'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 wriuen and executed modification, amendment, or addendum.

1.2. Claim means any alleged loss, claim, eomplaint, 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 sueh claim is brought in law or equity, tort, contract, or otherwise.

1.3. Dav means any calendar day beginning at 12:00 a.m, and ending at 11:59 p.m.

lA. 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, eleeted and appointed officials, directors, board members, council members, commissioners, authorities, conunittees, employees, agents, volunteers, andJor any such persons successors.

1.6. Political Subdivision means the , a Michigan Munieipal 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 arca comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Connties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network reglon.

1.8. Region 2 Homeland Securih' 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.


Transfer of Ownership Agreement/Equipmcnt Receipt and Acceptance - Final Page 1

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:

2.1.1. [List Equipment Purchased)

2.2. The Fiduciary grants all right, tirle, and interest to the Equipment to the Political Subdivision.

3. Acceptance of Equipment.


4. Fiduciarv Assurances. The Fiduciary represents the following:


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 tnmsfers all warranties to the Equipment to the Political Subdivision.

4.4. The Fiduciary shall notify each Political Subdivision at the end of the fiscal year of the dollar amount of Equipment that has been transfelTed to the Political Subdivision.

5, Political Subdivisions Responsibilities.

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:


5.1.2. Maintenance and repair of the Equipment;

5.l.3. Replace or repair Equipment which is willfully or negligently lost, stolen, damaged, or destroyed;

5.1A. Investigate, fully document, and make part of the offlcial 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


5.2. The Political Subdivision shall comply with and shall use the Equipment in accordance wlth 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 elose 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.

5.5. Exeept for Equipment that is disposable or expendable, the Political Subdivision shall infonn the Fidueiary 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 eosts, fines, and fees associated with the use and misuse of the Equipment. ineluding hut not limited to, costs for replacing the Equipment or eosts, fines, or fees associated with an ineligible use detennination 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 Parh' Beneficiaries. Exeept 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 indenmification, right to subrogation, and/or any other right, in favor of any other person or entity.

7. Discrimination. The Parties shall not diseriminate against their employees, agents, applicants for employment, or another persons or entities with respcct to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly rclated to employment in violation of any federal, state or local law.

8. Permits and Licenses. Each Party shal1 be responsible fOT obtaining and maintaining, throughout the term of this Ownership Agreement, all (icenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Owncrship Agrcement.

9. Reservation of Rights. This Ownership Agreement does not, and is not intended to waive, impair, divest, delegate. or contravene any constitutional, statutory, andlor other legal right, privilcgc, power, obligation, duty, or immunity of the Parties.

10. Delegation/Subcontract/Assignment. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Ownership Agreement without the prior written consent of the other Party.

11. No Implied Waiver. Absent a written waivcr, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this O\\'TIership Agreement shan constitute a waiver of those rights with regard to any existing or subsequent breach of this Ownership Agreement. No waiver of any term, eondition, or provision of this Ownership Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or eonstrued as a continuing waiver of any tenn, condition, or provision of this Ownership Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Ownership Agreement.

12. Severability. If a court of eompetent 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, eonditions, and provisions of this Ownership Agreement shaH remain in full force.

Transfer of Ownership Agreement/Equipment Receipt and Acceptanee - Final Page 3

13. Captions. The section and subseetion numbers, captions, and any index to such seetions 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, eaptions, and indexes shall not be interpreted or be considered as part of this Ownership Agreement. Any use of the singular or plural number, any referenee to the male, female, or neuter genders, and any possessive or nonpossessive use in this Ownership Agreement shall be deemed the appropriate plurality, gender or possession as the eontext requires.

14. Notices. Notiees 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 firsr elass or certified U.S. maiL

14.1. Ifnotice 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. Ifnotice is sent to the Political Subdivision, it shall be addrcssed to:

14.3. Either Party may change the address andlor 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 Parties. This Ownership Agreement supersedes all other oral or written agreements between the Parties. The language of Ihis 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 tenus and conditions of this Ownership Agreement.

Fiduciary: The County of Oakland

Date

Political Subdivision: (Insert Name]

Date

Transfer of Ownership AgreementfEquipment Receipt and Aeceptance - Final Page 4


For all ODP Homeland Security Granls; use a new coversheet for each request

Page # of Poli,i,,; Subdlvi,ion Primo,), l'ool><t Contact Phone ,,"_ Typ< of Activity or Evenl

Person', "am:: ;y\d Poo"< ;fdiffe...,nt tllon .oovceon,,,,,, ("n'""tFi< Number Dat"", of "Cl;";ty or Event

SHSGP Ci~le ,.. ('pen,e ('a/<gory (.lIlho! opplr)

LETPP liAS I Plannin Trainin Exercise

Payroll Expenses Contract Services Travel Exoenses Supplies Other

• By signing iliis,<Iocumen~ tbtiJ'i~'eeriifies that the .boVe in~";~,,is lrui:.and acrunte, iliat reimb'~mw:,isBelJigreque.lted f¢raulho~ <><p<:lIlIitu1:6 only, and dDtUme~taljon for the"\' lransactloii5is.:..riii~b~ mr audit TIle sTWe> {~' aW#{@;H'te ',urisdiclicm helshe J:e~ WilGetutn any TeintlUtSClttI:Dl receivedti(f}ftlilnd CoUll'Y if tht original eX~i~i'i~rl' to be ineligibw ~l audit.." , ,~:; , <i~: ' ' ',/" ' u'

",',"" <'::}:N",' ,,"",", Jc.JV\ATW\,., """""'" ,..;/> _ ,,/',/, '"

Total ofall attached Pavroll Reimbursement Detail Forms $0.00

Total of all attached Travel Reimbursement Detail Forms $0.00

Total of all attached Supplies & Other Reimbursement Detail Fonns $0.00

$0.00Tol;)} Reimbursement ReQuested

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Region 2 Reimbursement Forms - Reimbursement to participating jurisdictions from Fiduciary. Form A Reimbursement Request Coversheet.

Version 1.0 ~ LasL Updated October 2, 2006 ~. Lewis

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Services, Supplies, and Other Items Reimbursement Detail Form Reference the attached mstructlon sheet before completing this detail

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Return all completed reimbnrsement requests to Oakland County Emergency Response and Preparedness, 1200 N. Telegraph Rd., Dept. 410, Pontiac, MI 48341, Attn: Brandon Lewis

Region 2 Reimbursement Forms - Reimbursement to participatillg Ijurisdiciolls from Fiduciary. FornI D - Services, Supplies, and Other Hems ReimbUl'sement Detail Form.

RECYCLABLE PAPER

\0 RESOLUTION NO: FULL BOARD MEETING DATE: _

, AGENDA ITEM:


RESOLUTION TO: Accept and enter into the 2009 Operation Stoneqarden Grant Agreement with the Michigan State Police Emergency Management Homeland Security Division in the amount of $150,000.00. There is no local match.

iNTRODUCED BY: Commissioner Philiip DiMaria, Chairman, Public Safety & Corrections Committee



?~C- 9·\~·\O


21930 Dunham Road Mount Clemens, Michigan 48043

Emergency Management: 586-469-5270 FAX 586-469-6439 Technical Services: 586-469-5370 FAX 586-783-0957

Victoria Wolber September 2. 20 I0 Emergency Mgt. Coordinator

Keith Bradshaw Service Manager, Technical Services

TO: Commissioner Phillip DiMaria, Chairman Public Safety & Corrections Committee ~

FR Vicki Wolber, Emergency Managemen( Coordinato~{v-I RE: FY 2009 Operation Stonegarden Grant Agreement

Attached is a copy of the FY 2009 Statc of Michigan Operation Stonegarden Grant Agreement that the County received from the Michigan State Police Emergency Management Homeland Security Division. The grant award is in the amount of$150,OOO.00. This grant program was madc posstble through the federal Department of Homeland Security. Thcrc is no local match required tor this award.

The purpose of this grant agreement is to provIde tederal pass~through funds fur local jurisdictions for equipment, exercises, organizing, planning and training as it relates to law enforcement operational activities along the U.S. - Canadian border.

\",/ith your concurrence please place this item for consideration on the September 14, 2010 Public Safety & Corrections Committee meeting agenda. A Contmcl Review has been completed on the agreement and is attached.

If you have any questions please feel free to contact me at 9-6390. Thank you for your consideration.

Ivw

MACOMB COUNTY BOARD OF COMMISSIONERS Paul G,dcgh"lll Dl<lnCl 19

K~lhy -rocco 1l1,ln~ll(J

loon Rj"n D,,,nc! 6

Chairman Vice Chair S~'!=-""'" A'·Arms

Aoo,ey Dra~J' D."ri,,, i SLJe Rocca /Ji'ln" 7 James L. Cambelli . Di>lnct 12

Marvin E. Saug~r· D\."n~1 ! David Rynn _ Di",nclll [)c,n Brow" . O,sln<1 13 Ed BIllley . [)lSl",t 17 William A C",,,,,hm.n D""nc' 2..

PIullipA. o,Mana· D,,,nc, 3 Roben Mijac . Dislncl 9 Bn.n BnJiIk· DlSln~1 14 DanaCampnous·Pe,~r",'" f)istncllll Mich"el A. Boyle - DiglnCl24

Toni Moren· DislnCl 4 Ken 1.1'"l"r . Dis/ricl 10 Kelln R~n~er. - D,,,nct 15 Irene M. Kepler. Di"rici 21 Kalhy D. Vosburg - Dislncl 25

Su.<"-n L Doheny - D"lnc' 5 b:l Sz<:tep>l"'''' - r:lislnC! II Carey Torn"" D,"n~' 16 frank A"""V'II' Jr. - Di'lricl 22 Icn·~r~ $. SPl)'S - DiSlTin 26

TO: Palll Gieleghem, Board Chairman Board of Commissioners


SUBJECT: Contract/Program Review Request

BOARD OF COMMISIONERS/COMMITTEE APPROVAL DATE: PSC September ]4, 2010; Full Board September 71" 2010

Title: 2009 Operation Stonegarden Grant Agreement


Date Submitted: August 16,2010 Pbone No.: 469-6390


Initial Revision Extension Final x


Other


Approved 9/(~7J Rejected

OFFICE OF RISK MANAG MENT

Approved

Rejected

FINANCE DEPARTMENT

Approved (j:A :ilczot: Rejected

Contract/Program Synopsis *When Rejected Attach Explanation

RECEIVED RECEIVEDAUG 3 1 2010 AUG I B 2010

MACOMB COUNTY FINANCE MACOMB COU/>/TY

FWANcE

Date

Date

Date

Date

Date

Date

R.ECEIVED AUG 17 2010

CORPORATION COUNSEL

State of Michigan 2009 Operation Stonegarden Grant Agreement

July 1, 2009 to March 31, 2012

CFDA Number: 97.067 Grant Number: 2009-SJ~0007

This Fiscal Year 2009 Operation Sionegarden (OPSG) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Subgrantor), and

MACOMB COUNTY (hereinafter called the Subgrantee)

I. Purpose

The purpose of this Grant Agreement is to ensure Subgranlee compliance with the OPSG gUidelines regarding the use and reporting requirements of the awarded funds. The intent of OPSG is to enhance law enforcement preparedness and operational readiness along the borders of the United States. The FY 2009 OPSG funds must be used to increase operational capabilities offederal, state, local and tribal law enforcement, promoting a layered, coordinated approach to law enforcement within U.S, border stales and territories.

II. Objectives

The principle objective of this Grant Agreement is to provide financial assistance to the Subgrantee for allowable costs in the OPSG program. The FY 2009 QPSG funds provide a flexIble framework of funding 10 support operational efforts along our nation's borders, such as the prevention of, and operational response to illegal activities, and to increase the security of the U.S. borders.

For guidance on allowable costs and program activities, please refer to the Fiscal Year 2009 Operation Stonegarden Grant Program Guidance and Application Kit, located at hltp:IIWNIN.fema.gov/pdf/government/grant/opsg/fy09_opsg-9uidance.pdf


Funding for the FY 2009 OPSG is authorized by the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, (Public Law 110-329),

The Subgrantee agrees to comply with all program requirements in accordance with the FY 2009 OPSG Gran! Program Guidance. 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

Siale and Local Governments, located at http://eCFR.gpoaccess.gov/cgilt/text/textidx?c=ecfr&tpl=/ecfrbrowsefTitle44/44cfr13_main_02. tpl

2. 2 CFR, Part 215, Uniform Administrative Requirements for Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations (OMS Circular A-110), located at http://ecfr.gpoaccess.gov/cgiltltext/textidx?c:::ecfr&sid==5f90b81 8356757091 bb65ea93f16 3c6a&tpI==/ecfrbrowsefTitl eO2/2cfr21 5_main_02. tp I

8, Cost principals 1. 2 CFR, Part 225, Cost Principals for State, Local, and Indian Tribal Governments (OMS Circular A-8?),

loca ted at http://ecfr.gpoaccess.gov/cgi/t/text/texlidx?c:::ecfr&tpl==lecfrbrowsefTitle02/2 cfr22 5_main_02.tpl

2. 2 CFR, Part 220, Cost Principals for Educationa/lnstitutions (OMS Circular A-21), localed at http://ecfr.gpoaccess,gov/cg i/t/text/text-idx?c==ecfr&rgn:::d iv5&view=text&node==2:1.1 .2. 3A&id00=2

3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMS Circular A-122), located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowsefTitle02/2cfr230_mai 0_02. tp I

FY 2009 OPSG Grant Agreement Macomb County

Page 2 of 8

4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations, located at https:/IWNW.acquisition.gov/far/html/Subpart%2031_2.html#Wp1Og 5552

C. Audit Requirements 1.0MB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at

http://WIN\N.whitehouse.gov/omb/circulars/a133/a133.html

D. Duplication of Benefits. There may not be a duplication of any federal assistance, per A-8?, Basic Guidelines Section C.3 (c), which states: Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Circular may nol be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements.

IV. OPSG Program Award Amount and Restrictions

MACOMB COUNTY is awarded $150,000.00 under the FY 2009 Operation Stonegarden Grant Program.

Allowable costs include: A. Operational overtime costs associated with law enforcement activities, in support of border law

enforcement agencies for increased border security enhancement. Per the Personnel Reimbursement for Intefligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412), all grantees are allowed to utilize up to 50 percent of their FY 2009 OPSG funding for personnel related costs, which include 14 overtime activities. At the request of a recipient of a grant, the Administrator may grant a waiver of the limitation noted above (50%).

B. Travel and per diem costs associated with the deployment/redeployment of personnel to border areas and for travel associated with law enforcement entities assisting other local jurisdictions in law enforcement activities (travel costs must be in accordance with applicable travel regulations).

C. Vehicle and Equipment Rentals o. Vehicle/Equipment Maintenance E. Fuel Cost and/or Mileage Reimbursement F. Equipment: FY 2009 OPSG funds may also be used for equipment replacement costs and acquisition of

equipment listed under the Urban Areas Security Initiative (UASI) and Law Enforcement Terrorism Prevention equipment categories found in the Authorized Equipment List (AEL). The FY 2009 AEL is available in its entirety online through the Responder Knowledge Base (RKB), located at https:/IWNW.rkb.us/

Unallowable costs include costs associated with staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. The FY 2009 OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full-time or permanent SwOrn public safety officers is also unallowable. FY 2009 OPSG funding shall not be used to supplant inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local and federal law enforcement agencies. Construction and/or renovation costs are prohibited under thiS grant application.

For any activities involving construction, demolition, or installations of equipment: an Environmental and Historic Preservation (EHP) Review must be compleled prior to any work being done. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal funding.

Upon award, the recipient may only fund activities included in an approved FY 2009 OPSG Operations Order submitted to Department of Homeland Security (OHS), and evaiuated and approved through the federal review process.


Page 3 of 8

v. Responsibilities of the Subgrantee

Fiscal Year 2009 OPSG funds must supplement, not supplant, state or local funds. Federal funds will be used to supplement existing funds, and will nol replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in the applicat"lon review, in subsequent monitoring, and in the audit. The Subgrantee may be required to supply documentation certifying that it did not reduce non-federal funds because of receiving federal funds. Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs.

The Subgrantee agrees to comply with all applicable federal and state regulations including, but not limited to, the following:

A. In addition to this FY 2009 OPSG Grant Agreement, Subgrantee shall complete, sign, and submit to Sub grantor 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. Request for Taxpayer Identification Number and Certification r;N-9) 5. Other documents that may be required by federal or state officials

B. The FY 2009 OPSG Grant Agreement covers eligible costs from July 1, 2009 to March 31, 2012. Please refer to the Fiscal Year 2009 Operation Stonegarden Grant Program Guidance and Application Kit, located at http://'WWWJema.gov/pdf/governmentigrantfopsg/fy09_opsg---.9uidance.pdf for a detailed list of what costs are eligible under this grant. Allowable costs are specifically addressed in Part IV of the federal grant guidance.

c. Make all purchases in accordance with federal and slate grant gUidance and local purchasing policies.

D. Submit an Allowable Cost Justification (ACJ) form for all costs that are part of approved projects prior to the encumbering of the cost If an ACJ is not submitted, the Subgrantee wi'.! be held responsible for all costs determined to be ineligible by the Subgrantor or DHS.

E. Within 30 days of the end of the Subgrantee's fiscal year, the Subgrantee must supply a document to the other local government agencies reporting the dollar amount spent on their behalf. so the local government agencies can submit the information on their Schedule of Expenditures of Federal Awards (SEFA) report. NOTE: Copies of these documents must also be provided to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 489105883.

F. Create and maintain an inventory of all FY 2009 OPSG 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 tl1e grant period and for at least three years after the grant is closed by the awarding Federal Agency. Subgrantee is advised that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security". Within 30 days of the end of the Subgrantee's fiscal year, the Subgranlee must supply a copy of Ihis inventory to the Micl1igan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910-5883.

G. If applicable, make FY 2009 OPSG equipment available for pick-up by other government agencies. This process needs to include legal transfer of the equipment to the designated government agencies. At minimum, the SubgranLee should prepare documents, which when signed, will indicate other designated government agencies accept full legal ar.d financial responsibility for pieces of equipment.

H. The SubgranLee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all reqUired authorized signatures, and submit it to the Subgrantor at a minimum at the end of each quarter (or more frequently, as needed), Please nOle: One Reimbursement Cover


Page 4 of 8

Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise, Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion. Please refer to the Reimbursement Guidance included with each of the reimbursement forms. The Reimbursement Cover Sheet (EMD·054) and other reimbursement forms can be found on the EMHSD website, located at hltp:llwww.michigan.gov/msp/0.1607.7-123-1593_3507~41574~214684--.00.html_ The Subgrantee will not be reimbursed for funds until all required signed documents and reimbursement documents are received.

J. Submit quarterly progress reports to the Subgrantor on the status of all approved projects. The due dates for quarterly progress reports are detailed in Section VII of lhis agreement.

J. 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, and July 20 for each year of the grant period, as appropriate. The reporting periods are from January 1 through June 30 and July 1 through December 31. The final BSIR is due 90 days after the end date of the FY 2009 OPSG award period.

K. Comply with FY 2009 National Incident Management System (NIMS) implementation requirements and move towards completion by September 30, 2012. FY 2009 NIMS requirements must be fully complied with by September 30, 2012. NJMS information is available at http://www.fema.gov/emergency/nims.

L. 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 aU financial records, statistical records, supporting documents. and other materials pertinent to

the FY 2009 OPSG for at least three years after the grant is closed by the awarding Federal Agency, for purposes of federal and/or state examination and audit.

3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations,n as further described in 44 CFR, Part 13.

M. Integrate individuals with disabilities into emergency planning, in compliance with Executive Order 13347.

N. Environmental and Historic Preservation Compliance: The federal government is required to consider the potential impacts to the human and natural environment of projects proposed for federal funding. The Environmental and Historic Preservation (EHP) Program, engages in a review process to ensure that federally-funded activities comply with various federal laws. The goal of these compliance requirements is to protect our nation's water, air, coastal. wildlife, agricultural, historical, and cultural resources. as well as to minimize potential adverse effects to children and low-income and minority populations. The Subgrantee shall not undertake any project having the potential 10 impact EHP resources without prior approval.

Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not eligible for federal funding.

O. All operational plans shOuld be crafted in cooperation and coordination among federal, slale, local, and tribal partners. All applicants must coordinate with the U.S. Customs and Border Proteclion (CBP)/Border Patrol (BP) Sector Headquarters with geographic responsibility for the applicant's location and submit an Operations Order with an embedded budget to the Stale Administrative Agency.

P. After awards are announced, subgrantee will re-scope the draft Operations Order and resubmit as a final Operations Order with an embedded budget, based on actual dollar amounts to be awarded. Those final Operations Orders will be approved by the appropriate Sector Headquarters, and forwarded to Headquarters, Office of Border Patrol, Washington, D.C., before funding is released. Subgrantee may not begin operations or draw down any funding until the final Operations Order and embedded budget has been approved by DHS and CBP/BP Headquarters and any existing special conditions andlor restrictions are removed_


Page50fB


The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will:

A Administer the FY 2009 OPSG in accordance with all applicable federal and state regulations and gUidelines and provide quarterly reports documenting this administration.


C. Provide to the Subgrantee any special report forms and reporting formats (templates) required for operation of the program.

D. Reimburse the Subgrantee in accordance with this Grant Agreement, based on appropriate documentation submitted by the Subgrantee.

E. Independently, or in conjunction with DHS, conduct random on-site reviews with Subgrantee(s).

VII. Reporting Procedures

Submit quarterly progress reports to the SUbgrantor on the status of all funding. 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.

Reporting quarters for each year are as follows:

January 1 through March 31 April 1 through June 30

July 1 through September 30

October 1 through December 31

The final reporting quarter ends with the end of the grant performance period, which may result in this final quarter being less than three months in duration.

Quarterly reports are to be submitted by end of the month following the end of each quarter. The first quarterly progress report for the FY 2009 OPSG grant is due on October 31, 2010. Reports are to be sent electronically to [email protected]

SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED.

VIII. Payment Procedures

The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it to the Subgrantor at a minimum at Lhe end of each quarter (or more frequently, as needed). Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion. Please refer to the Reimbursement Guidance included with each of the reimbursement forms. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMHSD website at http://IN'N'W.michigan.gov/msp/0,1607.7-123-1593_3507_41574-214684-,OO.html. The Subgrantee will not be reimbursed for funds until all required signed documents and reimbursement documents are received.


Page60f8

Drawdown of Funds in Advance: Subgrantees may request funds (for purchases of $25,000 or more) up 10 120 days prior to expenditure. All of the following requirements must be met to obtain advanced funds: 1) The Subgrantee must complete a letter stating the reason they are requesting an advance; 2) The Subgrantee must submit a copy of an approved purchase order showing the delivery date for the items ordered to be within 120 days of the purchase order date; 3) These funds must be placed in an interest~bearing account (2CFR. part 215.22k). The Subgrantee may keep interest up to $100 per year (CFR44, part 13.21 h) for administrative expenses for all rederal grants combined (per DHS Financial Management Guide, January 2006). If the Subgrantee is notified by the vendor of delays in the delivery date of equipment, funds must be returned to the Subgrantor. Advances cannot be outstanding for more than 120 days; 4) Any interest earned over $100 must promptly, but at least quarterly, be remitted to: MSP/EMHSD, Financial Section, 4000 Collins Road, lansing, MI 48910. The Subgrantee must also notify the Subgrantar in writing of any interest earned over $100 quarterly.


Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-larsen Civil Rights Act. 1976 PA 453, as amended, MCl 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220. as amended, MCl 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity Jaws 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, {enure, 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 \0 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 Energy, labor, and Economic Grov.1h, Bureau of Commercial Services, licensing and Enforcement Divisions, pursuant to 1980 PA 278, as amended, Mel 423.321 et seq. (State Contractors with Certain Employers Prohibited Act), or on the Federal Excluded Party Ust System, located at www.epls.gov.


Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation.

This is not to be construed as a waiver of governmental immunity.

XI. Third Parties



This Grant Agreement is in futl force and effect from July i, 2009 to March 31, 2012. No costs eligible under this grani 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 10 return to the Subgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to


Page 7 of a

reimburse the Subgrantee. Upon termination of grant agreement, the Subgrantee shall submit documentation, in a format specified by the Subgrantor, to formaliy end its status as Subgrantee.


This Grant Agreement is governed by the laws of the Stale of Michigan and supersedes all prior agreements, documents, and representations between Subgrantor and Subgranlee, 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 "'alid.

The Subgrantor may suspend or terminate subgrant 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 slate law. • Failure to make satisfactory progress toward the goals or objecli",es set forth in the subgrant application. • Failure to follow grant agreement requirements or special conditions. • Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project

would not have been approved for funding. • Failure to submit required reports. • Filing of a false certification in the application or other report or document. • Failure to adequately manage, monitor or direct the grant funding activities of their subrecipients.

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.


The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the Sub grantee, 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 appilcation for or performance of a state, public, or private grant or subcontract; or convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under state or federal anti\rust statutes: or convicted of any other criminal offense which, in the sale discretion of the Subgrantor, reflects on the Subgrantee's business integrity.

XV. Freedom of Information Act (FOIA)

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 inlerests. 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. The Subgrantee should be iamiliar 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.

FY 2009 OPSG Grant Agreement Macomb Counly

Page 8 of 8


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. The Subgrantee agrees to complete all requirements specified in this grant agreement.

Macomb County Name of Jurisdiction

Paul Gieleghem Board Chair

Printed Name Title

Signature Date

For the SUbgrantor (Michigan State Police _ Emergency Management and Homeland Security Division)

Deputy State Director of Emergency Capt. W. Thomas Sands Management and Homeland Security Prinled Name Title

Date

OMS APPROVAL NO. 1121-0140 EXPIRES Ol/3l!2006

STANDARD ASSURANCES

The Applicant hereby assures and certifies compliance with all applicable Federal srntutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-II 0, A-122, A· 133; Ex. Order 12372 (intergovernmental review offedeml programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certities that:

1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application.

2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance.

4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18,22,23,30,35,38,42,61, and 63.

5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.c. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.c.§ 469 a~1 ~~.), and the National Environmental Policy Act of 1969 (42 U.S.c. § 4321).

6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.c. § 3789d); thc Victims ofCrime Act (42 U.S.c. §10604(c)); Thc Juvenile Justice and Delinquency Prcvention Act of2002 (42 U.S.c. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.c. § 2000d); the Rehabilitation Act of 1973 (29 U.S.c. §7 94); the Americans with Disabilities Act of 1990 (42 U.S.c.§ l2131~J4); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685~86); and the Age Discrimination Act of 1975 (42 U.S.c. §§ 6101~07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations).

7.lfa governmental entity-

a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.c.§ 4601 et ~.), which govern the treatment of persons displaced as a result offedera1 and federally-assisted programs; and

b) it will comply with requirements of 5 U.s.c.§§ 150l~08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity tinanced in whole or in part by federal assistance.

Signature Victoria Wolber. EMe Date

L ~

FEDERAL EMERGENCY MANAGEMENT AGENCY

CERTIFICATiONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATIERS; AND DRUG-FREE WORKPLACE REQUIREMENTS

Applicants should refer to tbe regulations cited below to determine the certification to whicb tbey are required to attest. Applicants should also review tbe instructions for certificatiou included in the regulations before completing this form. Signature on this form provides for compUance with certification requirements under 44 CFR Pan 18, "New Restrictions ou Lobbying; and Z8 CFR Part 17, "Government-wide Dehannent and suspension (Nonprocurement) and Government-wide Requiremenl5 for Drug-Free Workplace (Grants)," The certifications shall he treated as a material representation of fact upon which reliance will he placedwhen the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING

A. As requilll<! by section 1352, Title 31 of the U.S. Code, and

implemenled al44 CFR Part 18, for persons entering into a granl

or cooperative agreement over $100.000. as defined al44 CFR

Part 18. the applicant certifies that:

(a) No Federal appropriated funds have been paid or will be paid,

by or on behalf at the undersigned. to any pel"l;on for inlluencln9 or

attempting 10 irrlluence an officer or employee of any ~eocy. a

Membar of Congress. an officer or employee of congress, Dr an

employee of a Member of COI"'QIllSS in connadion with the making

of any Federal grant, tha enlering into of any cooperaUve agreemenl,

and the extension, continuation, ranewa!. amendment, Of modification

of any Federal grant or cooperative agreement;

(b) If any other funds than Federal appropriated furds have boon

paid or wili be paid 10 any person for inftuencing or attempting to

influence an Oll"lcer or employE1'3 of any agency. a Member ot

Congress, an officer or an employee of Congres&, oremployee

of a member of Congress In comeclJon with lhis Federal grant or

cooperative agreement. the under6igned 6haJi complete ard submit

Standard Form LlL "Disclosure of Lobbying Activilies," in

accordance with its in;\ruclioos;

(c) The undersi9ned shall raql.Olre thaI the lanlluage ofthi6 cerUticetion

be included In the award documents for all subawards at ail tiers

(including subgranlSo, cortracls urder grants ard cooperalive

agreemen!s, ard subcontract(s) and that all &ubrecipients shall

cerUfy and disclose accCl"dingly.

DStandard Form LLL, "Disclosure of Lobbying ActiviUes" .tal;hed.

(This form m(,lsl be attached to carliricatiCJfl if nCJflapproprfated r(,lnds

are to be (,Ised 10 infloonce acliv~ies.)

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MAnERS (DIRECT RECIPIENT)

N. required by Executive erder 12549, Debarment ard Suspen.!oion,

and implemented al44 CFR Part 67, for prospective parUcipanls in

primary covered transactions, as denned at 44 CFR Parf 17,

Section 17.510-A. The applicant cert1fies thaI it ern its pmcipals:

(a) Are nol presently debarred, suspended, proposed for debarment,

dedared ineligible, santenced 10 a denial at Federal benefits by a Sate

or Federal court, or voluntarily excluded from covered tral'lSaclions by

any Federal department Dr agent;)';

(b) Have not withi"l a three-year period preceding this application been

convicted of ar had a civilian judgment rendered againstthi:!fl1 for

commission of fraud or a criminal offeose in connection with

obtaining, atlempUng to obtain, or perform a public (Federal, Slate,

or local) traosaclion or contract under a public transaclion: violation

01 Federal or State antill1Jst slatutes or commission of embeulement.

theft. forgery, bribery, falsification or destrucUon of records.

making fal~e statements, or receiving stolen property:

(c) Are not pr9$enlly indicted for or otherwise criminaliy or civilly

charged by a goyemmentai entity (Federal, Slale, Dr Iccal) with

commission of eny of lha offenses enumarated in paragraph (1)(b)

of lhis ctrtificalion; ard

(d) Have not wilhi"l a thrae·year period preceding thls application

had one or mOl"e pUblic t ran&aclions (Federal. Stale, or local)

terminaled for cause Dr def(lult: and

8. Where the applicanl is unable to certity to art,' of the statements

in this certiflcaion, he Dr shall shall attached an (I)(planation to this

application,

3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)

As raquired by the Drug..free Wor1l.place Act of 1966, and

implemented al44 CFR Part 17, Subpart F, for grantees, as defined

al44 CFR Part 17, Sedions 17.615 and 17.620:

A. The applicant cerUfies that It will CCI11inue to privide a drug

free wort<.place by:

(a) Plblis~,ing a statement notifying employees that the unlawful

manufaclure, distribution, dispensing, possession, Dr use of a

c.ontroUed substance is prohibited in the grantee's wor1l.place am

speCifying the actions tht wiil ba lak.en against employees for

violalion of tiuch prohibillon;

(b) Eslablishing an on-going drug free awareness program to

inform empoye9$ about:

(1) The dangers of dru9 abuse in the work.place;

(2) The grantee's policy of maintaining a dl1Jll-free wort<.place;

(3) Any available drug counselin9, lehabilitati"on. and

employee assistarr::e programs: and

(4) the penalties that may be imposed upon employees for

drug abuse vi(jalions occurrin9 in the wort<.place:

FEMA Form20·16C, JUN 94

(c) Makil'"G it a requirementlhat each employee to be engaged in

the perlonnance of the grant to be given a copy of the stalerrent

required by paragraph (a);

(d) Notifying the employee in the statement required by

piiragreph (a) that, as a cordiUon of employmenl urder the grilnl,

the employee will:

{1} Abide by Ihe lenns of !he statement ard

(2) Notify the empioyee in wriUng of his or her C()(lvicti~ for a

violation of a criminal drug statute occurring in the worKplace no later

than five calendar days after such convicti~,

(e) Notifying the agency, in wriUl'"G, withil 10 celendar days after

receiving notice ISIder subparagrilph (d)(2) from an employee or

otherwise receiving actual noUca of slLh convicti~. E~loyelS of

convicted employees m~1 proVide nolice, ircluding posiU~ title,

to Ihe applicable FEMA awarding office, i.e., regional office a FEMA office.

(1') Taking one or the following actions, within 30 calendar days of

receiving notice lflder subparilgraph (d)(2). with respect to any

employee who is so convicted:

(1) Takil'"G appropriate personnel action against such an employee,

up to aud Including lennination, consistent with Ihe requirements

of the Rehabilltati~ Act 011973, as amended; or

(2) Requiril'"G such employee to particlpate satisfa::;lorily in a

drug abuse asslstillce or rehabilitation program approved for

such purposes by a Federal, State, or local health, law enforcemenl,

or olher appropriate agency.

(g) Making II good faith effort to cmtlnue to maintain a drug free

wor1lplace through Implementation of paragraphs (a), (b). (c). (d), (e),

and [~.

8, the grantee may insef1ln the space provided below lhe site(s) for

the performance 01 wor1l done In comection wilh the specific grant:

PllJce ofPerformance (Street addr~n, Oty, County, Stat~, Zip code)

Macomb Coun ty

Check Dif there are wor1lptaces en file th2t2rt1 not idenlmed here.

Secli~ 17.630 oIlhe regul2Uons provide that a grantee that is 2 Slate

may elecllo make one certlficstion In each Federill fiscal ye2r. A copy

01 which should be inclu:led wnh each application for FEMA rULJding.

Siaies and Slate 2gencles m2)' eject to use 2 Statewide cerlificeticn.

FEMA Fonn 2G-16C (BACK)

EMD-053 (03-2004) MICHIGAN STATE POLICE Ememenr.v ManaQement & Homel/lnd Securitv Division

STATE OF MICHIGAN

AUDIT CERTIFICATION Federal Audit Requirements Fiscal Years Beginning After June 30, 1996

Non-Federal organizations which expend $500.000 or more in Federal funds during their fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget (OMB) Circular A-133. Subgrantees must submit a copy of their audit report to: Budget and Financial Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634 for each year they meet the funding threshold.

Program: 2009 Operation Stonegarden Grant

CFDA Number: 97.067

SUbgrantee Information

Jurisdiction Name: Macomb County

Street Address: 10 N. Main, 12th Floor

City, State, Zip Code: Mt. Clemens. MI 48043

Certification for Fiscal Year Ending (mm/dd/yyyy): 12/31/2010

(Check appropriate box)

D I certify that the subgrantee shown above does not expect it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, for the above listed program.

[!] I certify that the subgrantee shown above expects it will be required to have an audit perfonned under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, during at least one fiscal year funds are received tor the above listed program. A copy of the audit report will be submitted to: Budget and Financial Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634. Lansing, Michigan 48909-0634.

Victoria Wolber. EMe (Signature of SUbgrantee's Authorized Representative) (Date)

Please mail completed form to: Michigan Department of State Police Emergency Management and Homeland Security Division Financial Section 4000 Collins Road Lansing, Michigan 48910

For MSP-EMD Use Only

Reviewed By: Date:

Authority: Act 390. P. A. of 1976, as amended Completion; Voluntary, but completion

necessary to be considered for assistance.

Request for Taxpayer Give form to the'0= W·9 (Rev O<;'lobeor 2007] requester. Do notIdentification Number and Certification o..D~1 of lhe Tre......ry send to the IRS. '''''''''81 'l<N8'lUB $ervi""

Name (as shown On your InoomB tax. return) ~ Macomb County• ~ Business name. if different from above ~ .c0~

~,g • 0aS ~. "I: .5 ~o ~

°•~ ~

Check appropnale box: D IndiV1duallSole prcpnelor 0 Corporallon 0 P...-Inllfllhlp Exempt0 Lim~ed liability company. Enter the tax. classification (O=dlsrngarded emily. C=corpomtJOn, P=p:\rtn9rnhlp) ~ ....... 0 payee

EX Other (see instnJctioos) ~

Address (number, strm, and apt or suite no.) R&qoos1er"s name and address (optional)

10 N. Main. 12th Floor City, state. and ZIP code

Mt. Clemens. MI 48043 m Ust account number(s) here (optional) ~

. Taxpayer Identification Number (lIN)· Enter your TIN In the appropnate box. The TIN provided must match the name given on Line 1 to avoid ISoc,al 9Ocun,' ly nllm~." backup withholding, For individuals, this Is your social security number (SSN). However, for a resider'll alien, Sole proprietor, or disregarded entity, see the Psrt I instructions on page 3. For other entities, it is your employer identification number (EIN), II you do not have a number, see How to gel a TIN on page 3. or

Note. If the account is In more than one name, see the chart on page 4 lor guidelines on whose I Employer iduntffiC::lltion number number to enter. 38 :6004868

Certification

Under penalties of pe~ury. I certify thaI:

1. The number shown on this lorm is my correct taxpayer identification number (or I am waiting lor a number to be issued to me), and

2. I am not subject to backup withholding because: (a) I am exempt from backup Withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a resutt of a fajlure 10 report all Interest or dividends, or (cl the IRS has nolifled me that I arn no longer subject to backup withholding. al1d

3. I am B U.S. C~IZ6n or other U.S. person (defined below). C&rtltlcatlDn inslTuc1iDns. You must cross out item 2 aoove il you have been notified by lh6 IRS that you are currently subject to backup wilhholdlng because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage Interest paid. ecqulsltion or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and ~enerally. payments other than interest and dividends, you ere not required to sign the Certification, but you must provide your correct TIN. See the Instn.Jclions on page 4.

Sign Sillnatur.ol Here u.s. peraon ~ Victoria Wolber. EMe"". ~

General Instructions Section relerences are to the Internal Revenue Code unless olherwise ncted.

Purpose of Form A person who is required !o lile an information return with the IRS must obtain your correct taxpayer idenlification number (TIN) to report, for example, income paid 10 you. real estate tran6actions, mortgage interest you paid, acquisition or abandonment 01 secured property, cancellation of debt, or contributions you made to an IRA

Use Form W-9 only if you are a U.S. pflfson (including a resident elien), to provide your corree:: TIN to the person requesting it {the requestar} end, when applicable, to:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding il you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share 01 any partnership income from a U.S. trade or bUsiness is not subject to the withholding lax on foreign partners' share of effectively connected income.

Note. If a requester gives you a form other than Form W-g to request your TIN, you must use the requester's form if il is substantially similar to this Form W-9.

Definttion ot a U.S. person. For federal tax purposes. you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organlzed in the United States or under the laws of the United States, • An eslate (other than a foreign estate). or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules lor partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding lax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume Ihal a partner Is a foreign person, and pey the withholding tax. Therefore, if you are a U.S. person that Is a partner In a partnership conducting a trada or business in the United Stales, provide Form W-9 to the partnarshlp to establish your U.S. status and avoid withholding on your share of partnership income.

The person who gives Form W-9 to the partnership lor purposes of establishing its U.S. status and avoiding withholding on ils allocable share of net Income from the partnership conducting a trade or business in the United Stales IS in the following cases:

• The U.S. owner of a disregarded entity and not the entity,

Cal No. 10231)( Form W-9 (Rev. 10·2007)

Form W-9 (Rev, 10-2007) Page 2

• Tne U.S. grantor or other owner of a grantor trust and not the trust. and

• The U.S. trust (other than a grantor Irust) and not Ihe beneficiaries of the trust.

Foreign person_ If you are a foreign pe~on, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding 01 Ta:t on Nonresident Aliens and Foreign Entities).

Nonresident alien Who becomes a r&!ident alian_ Generally, only a nonresident alien individual may use lhe terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However. most tax treaties contain a provision known as a "saving clause.~ Exceptions specified in the saving clause may parmit an exemption from tax to continue for certain types of income even after the payea has otherwise become a U.S. resident alien for tax purposes.

If you aro a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an el(emption from U.S. tax on certain types of inceme, you must attach a statement to Form W-9 that specifies the following live items:

1. The treaty country. Generally, this musl be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty thai

contains the saving clause and its exceptions.

4. The type and amount of income that quaJifies for the exemption from tax.

5. Sufficient facts to justify the el(emption from tax under Ihe terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty aJlows an exemption from tax ~or scholarship income received by a Chinose student temporarily present In the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United Statos exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident allen of the United States. A Chinese student who quaJifies for this e:tception (under paragraph 2 of the first protocol) and is relying on this e:tception to claim an exemption from tax on his or her scholarship er fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alieo or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8,

Whet is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding:' Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter el(change transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators, Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN. make Ihe proper certificaflons. and report all your taxable inlerest and dividends on your tax retum.

Payments you receive will be subject to backup withholding it.

1. Vou do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the Part II instructions on page 3 for details),

3. The IRS tells the requester Ihat yeu rumished an incorrecl TIN,

4. The IRS tells you that you are subject to backup withholding becausa you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. Vou do not certify to lhe requester that you are not subject to backup withholding under 4 above (for reportabie interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester ot Form W-9.

Also see Special rules for partnerships on page 1.

Penalties Failure to furnish TIN. If you fall to fumish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty tor falsa information with respect to withholding. If you make a false statement with no reasonable basis that r'3sults in no backup withholding, you are subject to a $500 penalty_

Criminal penalty for falsIfying infonnation. Willfully falsitying certifications or affirmations may subject you to criminal penalties ;,ncluding fines and/or imprisonment.

Mlsusa of TiNs. If the requester discloses or uses TINs in violation 01 federal law, the requester may be subjel.1to civil and criminal penalties.

Specific Instructions N,ame If you are an individual. you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance. due 10 marriage without informing the Soclel Security Administration 01 the name change, enter your first name, the last name shown on your soc;,al security card, and your new last name.

If the account Is In joint names, list first, and Ihen circle, the name of the person or entity whose number you entered in Part I of the form.

Sole proprj~or. Enter your individual name as shown on your income tax return on the "Name" line. Vou may enter your business. trade, or "doing business as (DBA)" name on the "Business name" line.

Limited Uabiltty company (Ll.C). Check the "Limited liability cempany" bOI( only and enter the appropriate code for the tax classification ("0" (or disregarded entity, "C" for corporation, Up" lor partnership) in the space provided.

For a single-member LLC (including a foreign LLC with a domllStic owner) that is disregarded as an entity separate from its owner under Regulations section 301.7701-3, enter the owner's name on the "Name~ line. Enter the LLC's name on the "Business name" line.

For an LLC classified as a partnership or a corporation, enter the LLC's name on lhe "Name" line and any business, trade, or DBA name on the "Business name" line.

Other errtlties. Enter your busirtess name as shown on required federai tax documents on the ~Name" line. This name should match the nama shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. Vou are requested to check the appropriate bOI( for your status (individuaVsole proprietor, corporation, etc.l_

Exempt Payee If you are exempt from backup withholding. enter your name as described above and check the appropriate bOI( for your slalus, then check lhe "Exempt payee" box in the line following the business name, sign and date the lorm.

Form W-9 (Rev 10-2007) Page 3

Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest and dividends,

Note. If you are exempt from backup withholdirtg, you should still complete this form to avoid possible erroneous. backup withholding.

The following payees are exempt from backup withholding:

1, An organization exempt from tax under section 501{a}. any IRA, or a custodial account under section 403(b)(7) if Ihe account satisfies the requirements of section 401(f)(2),

2. The United States or any of its agencies or instrumentalities,

3. A state, the District of Columbia. a possession of the United S~tes, or any of their politicai subdivisions or instrumentalities,

4. A foreign government or any of its political subdivisions, agencies. or instrumentalities, or

5 AAlntemational organization or any of its agendes or instrumentalities.

Other payees that may be exempt from backup withholding inclUde:

6. A corporation, 7. A foreign central bank of issue, 8, A dealer in securities or commodities required to register in

the United States, the District of Coiumbia, or a possession Of the United States,

9. A futures commission merchant registered with the Commodity Futures Trading Commission,

10. A real estate investment trust,

11. An entity registered at all times during the tax year under the Investment Company Act of 1940,

12. A common trust fund operated by a bank under section 584(a).

13. A financial institution,

14. A middleman known in the investment community as a nominee or custodian, or

15. A trust exempt from tax under section 664 or described in section 4947.

The chart below shows types 0' payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15,

IF the payment is tor . ..

Interest and dividend payments

Broker transactions

Barter exchange transactions and patronage dividends

Payments O'Jer $600 required to be reported and direct sales OVBr $5,000'

THEN the payment 15 exempt for •••

Ali exempt payees except for 9

Exempl payees 1 through 13, Also. a person regislered under the Investment Advisers Act of 1940 who regularly acts as a broker

Exempl payees 1 tnrough 5

Generally, e¥lmpt paye€s 1 through 7

'See F0m110!l!l-MISe. Mlac6iI8/100US Income, and its inslnJd,ona 'However, the 1011OWln.. payments made 10 a oorporalion ~ncluding gros.s proceeds paid 10 an attorney uncll'l" sedlon 6045(Q, eVetl if the allorney is II CQ(porHlioll) and repor1aDle on Fonn I099-MISe are nol exempl from backup withhold'ng; medical and health Carll payments. otlOmoys' lees, and payments lor services paid by a lederal exacvtive agency

Part l. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident aHen and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box, If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN. you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.

11 you are a single-member LLC that is disregarded as an enlity separate from its oWl1er (see Umited liabiliry company (l.LC) on page 2), enter the owner's SSN (or fiN, it the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN.

Note. See the chart on page 4 for lurther clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form 55-5, Application for a Social Security Card, from your local Social Security Administration office or get this form oniine at www.$S8.gov. You may aiso get this form by calling 1-80D-772-1213. Use Form W-7, Application for IRS IndividuaJ Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Empioyer Idel1tificatloo Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS websile at www.irs.govlbusinesses and clicking on Empioyer Identification Number (EJN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting www.irs.gov or by calling 1-800-TAX-FORM (1 -800-829-3676).

If you are asked 10 complete Form W-9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form. and giva it to the requester. For inlerest and dividend payments, and certain paymente made with respect to readily tradable instruments, generally you w;,11 have 60 days to get a TIN and give it to the requester belore you are subject to backup withholding on payments. The 60--day rule does not apply to olher types of payments. You will be subject to backUp withholding on all such payments until you provide your TIN to the requester. Note. Entering ~Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution; A diSIfJgarded domestic entity that has a foreign owner must use the appropnale Form W-8.

Part II. Certification To establish \0 the withholding agent that you are a U.S. person, or resident alien, sign Form W-g. You may be requested 10 sign by the witnhoiding agent even if items i, 4, and 5 below indicate otherwise.

For a joint account, only the person whose T1N is shown in Pert I should "ign (when required). Exempt payees, see Exempt Payee on page 2.

Signature requirements. Complete the certification as ir;dicated in 1 through 5 below.

1. Int&rest, dividend, end barter exchange accounts opened belore 1984 end broker accoun!l> considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Int&rest, dividend, broker, and barter eXchange accounts opened after 1983 end broker accoun!l> considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you ffi'~st cross Qut item 2 in the certification before signing the form.

Form WJiJ (Re-v. 10·2007) Page- 4

3. Ryal estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have proviously given an incO/reet TIN. "Other payments" include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills (or mercl'landise), medical and I'lealth care services (including payments 10 corporations), paymenls 10 a nonemployee for services, payments to certain fisl'ling boat crew members and fisl'lermen, and gross proceeds paid to attorneys (including payments to corporations),

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, CoverdeJl ESA, Archer MSA or HSA contributions or distributions, and pension distribution$. You must give your correct TIN, but you do not I'lave to sign tl'le certification.

What Name and Number To Give the Requester

For this type- of aooount: Giv& nam& "nd 6SN of:

1. IndividuaJ TM ,nd,v,dual 2. Two or more individuals ijolnt Tn& eetual own~r o/tIle ao:;;ourll or,

account) if comoined furICI~, tne first individual on Ine account'

3. Custodian ao::ounl 01 a minor The minor' (Uniform Girt to Minors A<;\)

4, a. The usual revocable savings TM grllnlor-trustee ' trust (granlor is also trustee) b. S{H)alled tnJst account that ,s The aClual owner' not a legal or valid trust under slate law

5. Sola pr"prielorship or disregarded The owner' "nlily pwned t>y an ,ndividual

Fpr this type 01 account: Give name and EIN of:

6. Disr~e":led ent'lY not owned t>y an The owner individUili

1. A velid lrus~ ",late, or pension trust Legal entity' 8. C<lrporllle or L.L.C 61ectlng The corporation

corporate statu3 on Form 8832

9. A£t,ociation, dut>, religious, The o'llanizatioo Charitable, edYC<ll,onill, or other tax-exempt organization

10. Perlnersnip or mulli-memt>er LLC The partn~ip

11. A broker or ragistf!r<ld nQmonee The broker or nominee 12. Accounl with the DePi!'lment of The publio entity

AgriCUlture in tne name of a publjc entity (such as II state or local governmenl, school district, 0' pnson) that receives agricuitural program payments

'Us! fin<! and "'<cia the nama 01 In. po",on "'''0'' n....,t:><>r 1~" '",n,"". I' ~oFy "". PO"'"

,on a 1~lnI o=ol.l<'t has an ss~, ,....t p<non'. n"_ m....t be I....,i.""". COde th. mi",,~. """"'..-.d lumjsh In. minor. Ss.-.. ''(~u moel show lOur 11Id1l'id..al name anO \'O'l mat alllO "'er y""r bu.".... ~.. -OBA· n"",e on lhe &«:Ond name Ii..... You rna,. u" oil",,, \'O"r EI~ onel.~ ~r (111~'·lIov.

buI !he lAS """"""'!leo \'O'l l~ '- yO"' SSt<.

• Usl fi"'t and circle tne n"",e of tllo truel, """-"le, Or pon.."" lru>!. [Do notlum"h the TIN ollhe polllOnal r.p"eoentative cr lru.tee unlosa t'" Iegal .....ty ItsoIr" no\ d...IQn~'ed In the accounl IiIls·1 Also .... S»ec:ial lUI... /0( Pl"''''''''''PS on pa~. 1

Note. If no name Is circled when more than one name is lisled, tl'le number will be considered to be that of the lirst name listed.

Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, witl'lout your permission, to commit fraUd or other crimes. An identity tl'lie/ may use your SSN to gel a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:

• Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when cl'loosing a tax prtllJarer.

Call the lAS at 1-800-829-1040 if you tl'link your identity I'las been used inappropriately for tax purposes.

Victims cf identity tl'left wl'lo are experiencing economic I'larm or a system problem, or are seeking I'lelp in resolving tax problems tl'lat I'lave not been resolved through normal cl'lannels, mey be eligible for Taxpayer Advocate Service (TAS) assistance. You can reacl'l TAS by calling tl'le TAS toll-free case intake line at 1-877-777-4778 or TTYfTDD 1-800-829-4059.

Protect yourself from $u$picious emails or phishlng scl'lemes. PI'lishing is tl'le creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an establisl'led legitimate enterprise in an attempt to scam tl'le user into surrendering private informaticn that wlli be used for identity tl'left.

The IRS does not initiate contacts witl'l taxpayers via emails. AJso, tl'le lAS does not request personal detailed information tl'lrougl'l email or ask taxpayers for the PIN numbers, passwords, or similar seCfe1 access information for tl'leir credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the lAS, forward tl'lis message to phishinf}@i~.gov, You may also report misuse of tl'le lAS name, logo, or other lAS personal property [0 the Treasury Inspector Ganerallor Tax Administration at 1-800-386-4484. You can forward suspicious emails to tl'le Federal Trade Commission at [email protected] or contact them at w~.COllSumer.f}ovlidtheftor 1-877-IDTHEFT(438-4338).

Visit the lAS website at wv.w.irs.gov to learn more about identity theft and how to reduce your risk.

Privacy Act Notice Seclion 61ag of the inlernal Revenue Code '",,!uims you l<l provide your corre<;\ TIN 10 p...sons who must file information r6'lurns with the IRS to report inleresl. diVidends, and certain other income PllJd to you, mortgage interest yllu pll.d, the acquisillqn or abandonmerll of secyred property, cenceJla~on of detll, or contrlt>ltIlone you made to an IRA, or Archer MSA or HSA. The IRS Uses the numbers lor identification purposes and l<l help verify the accuracy of }'Our lao ,alum. The IRS may also provide th'5 information 10 the Departmenl 01 Jyslice for civil arICI criminal litigation, and to cilies, states, the Districi 01 Columbla, and U.S. Dos.sessipns 10 r;an-y plll Ihair lax laws. We may also disclose Ih,s information to other countnes under a tax lrealy, to federal and state agencies IJJ enfO<Ce federal npn"" criminal laws, pr to ~ederallaw enforcemenl and intelligence egencies to comt>a! Terrorism.

'(pu must prpvide your TIN whelhar or not you are required 10 file a lax relyrn. Payer~ must genarillly Withhold <'8% pf la><at>la irlleresl. dividend, and certain other Dayrnenta to a payee who does nol give a TlN to a parer. Gertaln pana!ties may also apply

RECYCLABLE PAPER

I \ RESOLUTION NO: _ FULL BOARD MEETING DATE: __

, AGENDA ITEM:


RESOLUTION TO: Authorize the Office of Emergency Management & Communications to proceed with the purchase of air purifying respirator equipment from Aramsco. Inc. in an amount not to exceed $375,000.00. Funding is provided in the 2007 Homeland Security Grant Program and there is no cost to the county.

INTRODUCED BY: Commissioner Phillip DiMaria. Chairman, Public Safety & Corrections Committee



~Sc.... 9.-14--\0


21930 Dunham Road Mount Clemens, Michigan 48043

Emergency Management: 586-469-5270 FAX 586-469-6439 Technical Scr.·ices: 586--469-5370 FAX 586-783-0957

Victoria Wolber Emergency Mgt. C(X)rdillator

September 2, 2010

Keith Bradshaw Service Manager, Technical Services

TO: Phillip A. DiMaria, Chairman Public Safety & Corrections Committee @

FROM: Vicki Wolber, Emergency Management Coordinato (i. Emergency Management & Communications

RE: Request to Purchase - Air Purifying Respirators and related Equipment

The law enforcement agencies in the county have identified a need for respiratory protection equipment for their officers in the event of a chemical, biological, radiological, nuclear, and/or cxplosive (CBRNE) incident. As the fiduciary for these grants and as the designated coordinating organization for these types of projects, I am requesting authorization to purchase the necessary equipment for these departments in an amount not to exceed 5375,000.00. Funding for this equipment is provided for in the 2007 Homeland Security Grant Program. Thcre is no cost to the county or the local departments for this equipmcnt.

The Avon brand of equipment was selected by a committee representing the law enforcement agencies in the county and our office. The Michigan State Police also went through an extensive process for the same respiratory cquipmcnt and also deteffilined that the preferable product was manufactured by Avon. The State issucd an Invitation to Bid for the equipment on June 18_ 20 I0, with bid rcsponses duc back on July 1, 2010. Four vcndors submitted their responses by the due date and the lowest responsible bidder was Aramsco, Inc. 1 have spoken v.lith the agency representative for Aramsco IllC. and they are willing to cxtend the same pricing to the county. 1 also discussed this process with Polly Helzer in Purchasing and she is agrecable to al10wing us to use the State of Michigan's bid process for our purposes. I have attached all of the bid documentation for your reference.

Wi[h your concurrence, please place this item for consideration on the September 14, 2010 Public Safety & Corrections Committee meeting agenda. Please fcel free to contact me at 4696390 ifyoll have any questions. Thank you.

MACOMB COUNTY BOARD OF COMMISSIONERS Paul GieJeghern Kalhy Tocco Ioal\ Flynn Dt'lnCl19 Dislricl20 Disrncl6 Chalffil3fl Vice Chdlr Sergeant-AI-Ann'

Aoorey Dn~}j - DislriCI 1 Sue Rocca - Dislr1ct 7 James L Cararelli _Di'\riel t2

M....... in E. Sauger - DiS\ricl 2 David Flynn - Di,mct 8 Don Rrown _ Di,;lricl t:l Ed Bruley - Disuict 17 William A Crouclllnan. Di.'lr;cl 2J

Dana CarnphOu.-Pele,;;on Dislrici 18Phillip A D1Maria· Di'lriet 1 Rorer1 Mijac _DiS/rict 9 Brian Brdak - Di,trict 14 Michat:1 A Boyle - Di,lnCt 24

Toni Moret; . Dimicl 4 Kerll..arnp,,, _ Dislnct 1Il Keilh Rengen - DlSlricl 15 ["'lie M. Kepler _ D;SI';c1 21 Kalhy D. Vosburg - Dismcl 25

SLLo;an L 1)o""r1y - Di'lricl 5 Ed Si.CZepam"" - Di'lricl 11 Carey Torricc _ D;'lricl 16 Frank Accav;lli Ir. - Di'lricl 22 Jellery S Spry' D;SlriCI26

M EMpRAUDUM

TO: Anthony J. DeChenes, Director Purchasing Operations

FROM: Brian Kloeckner, Buyer DTMB - Purchasing Operations

DATE: August 5, 2010

SUBJECT: Award Summary for ITS No. 07110200145 - Air Purifying Respirators

Statement of Work

This request is for a one-time purchase of Air Purifying Respirators (APRs) for the Michigan State Police (MSP). The fundIng for th'ls equipment is 100% Federal funds.

Background Information

MSP is seeking to purchase replacement air purifying respirators that are CBRNE and NIOSH compliant. The current masks are not CBRNE and N10SH compliant and do not offer adequate levels of protection to officers that may encounter hazardous materials. The new masks will be CBRNE aM NIOSH compliant. In addition the current respirators doe not properly interface with MSP riot helmets.

Joint Evaluation Committee (JEC):

A Joint Evaluation Committee (JEC) was not utilized for th~s ITB. Proposa(s were reviewed by the following individuals.

Name: Brian Kloeckner Department of Technology, Management & Budget

Vickie Olivarez Michigan State Police

Bidders:

The following Yefldors submitted timely proposals:

Bidder Address r= SDV Thorofore, NJFAramsco, Inc. No I

I Broner Glove and Safety Auburn Hills, Ml No Linden, MIGreat Lakes Emer encv Products, LLC No

Kalamazoo, MISafety Services, Incorporated No

Pricing Summary:

Line Item Aramsco Inc. Broner Glove and

Safety

Great Lakes Emergency

Products, LLC Safety SelVices,

Incorporated

Air Purifying Respirators $355,432.28 $384,554.10 $429.089.75 $503,665.08

Selection Criteria/Evaluation:

The ITB was posted on the Bid4Michigan Web page on June 18, 2010 and was available for 13 days. Four vendors, Aramsco, Inc., Broner Glove and Safety, Great Lakes Emergency, Products, LLC, and Safety Services, Incorporated submitted timely on-line bids by the published due date of July 1, 2010. Aramsco, Inc. is the lowest responsive and responsible bidder offering the best value to the State of Michigan. '

Award Recommendation:

Based on all of the information discussed above, award of ITS # 07II0200145 is reeommended to Aramsco, Inc. in the amount of $355,43228

How was pricing submitted? IE One Step. o Multiple Step (pricing separately sealed).

How was pricing factored into the award decision?

Best Value/Lowest Price o Best Value/Combination of Score and Price

Signatures:

Signature Date

Brian Kloeckner

o Reviewed and approved by Buyer Manager _

Page 2 of2

S"" of M,<loi8'" B,~ 5y,,,,,, c=--------.----.--~-----

MICHIGAN.GOV

MichigJt1'. Offi,jJI Web Sil",

Spreadsheet View for ITB-BK-071I0200145

The s"readSMeI beIcHt Iv;lWes lIle responses lor !l10; sl'lliCIlJtia1 rat1~ed by company oame and 1o1al ~i:Ilor all ine ilems, displaJ"!d k!I'llo il;lhl. Use!l1e links below I~ rTIolniP\lI~te lhis data in lhe yanOUii ",a"" prOVldell CUd He.... I~ e~poo 10 Eleet

AJ comp~ies !hill $UbrnlllOO a IIO-bid al11 in a la~e afl~ I~ c.ampan,'I!i lhalrespooded ....1!l1 pricing.

8!-~ms by loweslexllmdod price trom low 1o hfah lle1iotl ~n'I\'!I!lliJ1Y(awesl &ll!ended price from hlgll 'Q.~

r«OI'!I1 by COmpany ....me .'IT-~ 10'.1 bid '0"" I;n& Ilems To ~h'"9.e bock 10 ",qular _ clld he...

Ar<lmsco, Inc. Broner Glon .nd Safety~ Aramsco, tnc. Greatlake'\'l mergency Ptoducts,llC S~fety ServIces. !ncorpOr~rOq

$355,432.26 $365,033.06 ua4,5$4.10 $503,665.0B Item

$429,089.75 Oes~ription Unit Price ...1 Price Unit Price Ed Price Unit Price Ext PriceU M Unit Price Ext Price Unit Price Ext Price, $236.8400 1$13,736.72 $243.2400 $14,107.92 ttachmoot lilled: Respirator

EACH8RN Mask. Size Small, 'See ~ "" $251.5000 $14.567.00 $284,2500 $16,486.50 $344.6800 $19,991.44

p;J01ing Brand Specified p,ilti19 Brand Specified ~ng Brand Below: PUOllng Bralld SpecIfied puoong Braod Below:pedficalioo Document 10< complete pedficalioos. endor Commenls endor Comments H1051286'" MMOOSm~1"

~rnsco partf A73581 tem Ililledrand Requirempnl:

endor Commell!!irood Name Or /WlrCMd Eq~.1 proved Eq~~ per State (1/ MkhlQao

~~ ;,;;:nufilcturer: Moo

odel Number: C50, w, $236.1)400 $234,945.28 $2H2400 $241.294.08 $251.5000 $249,488,00RN Mask. Size Medium. 'see $284.2500 /$281,976,00 »14.6800 $341.922.56 !l<I<:hmenllilled: Respirator

'ACe PJOiing &anll Spedfled I::lu~ Brand Specified ~9 IlIanll Below: ~ti~ Brand SpetlJiOO uoti~ Brand BelaY.'

pecificalion Document 10< complete petlfi~. eMor Commroll ender Comments 0051287

~co part_ ,1,73580 '" " R.M4G8 Medium

lam kttted rand Requirement: /'rInOr C:Jmmenls rand Name or App<oved Equal

~roved Equal per Stale of Michigan rlll'lOUS useanufacturer: ,

odel Number: C50 $23&.6400 $27,710.2a, $243.2400 $26.459.M $251.5000 $29.425.50 $264.2500 $33,157,25 $344.6800 $40,3n.56

t tilled: RespiralOr ;:::k, Sile LW9". 'See fA'" '"

luoIJ~ Brand Specified ~Brand Specified ~og Br~ SelaY.' ~olK1g Brand Spedfled puoOOg Brand Below: Document 10< ~e

pacifICations. ender Comments endor Comments 10051266 "R-M4OB latg<JAramsco pa~ _A73577 tem killed

Isrand Requirement: en....· Comments rand Name or-"'Pp<O'Ied Equ.ai

~proved equal per Stale 01 lo'<dlio)an re'iious use~~nUfaCIUlllr: A¥OIl

odel Number.' C50

• ISPeCKiL ·800 attrllmen! ~Ued: EACH m.3400 $7,868.00 $40,4000 SS,OOO.OO $48,9000 $9,760.00100 $47.3500 S9.470W $6-3.6300 $12,725,00 oUng Brand 8elow: puotill\l8rand Below puoting Brand OOIow:~:alol Specification Document for ollng Brand Below jQootlng Brarld Below:

lele sped~caUons. ~, ~,~

2501-29 16m2£01·29 " 0501·155 Vision Conecli<ln "R·M40--4rand ReqUirement: I Br<lnds al11 Acceptable ender Commenls endor Commenls

arl1iiOO part #A75226 Mlwl<l1lUf~tur&d Spectable Kit DOOl".caIly lor JIwl ~R·IMO ras, $35.9300 $43,116.00 $36.9000 $44.260,00I2B CBRN Canister, 'See ~ltadlment $:>4.3500 $41,220.00EACH $42254J0 $50.700.00 $32.0200 $36,424.00"""

htt~:I~............t;w."",vJ<np'.r!ii64 Mi<:h igoo rV ,~d",,, _ 9,~~ M"h;8""AWII diR,vi,.._1. ,,<I rt....." ,,'W_l;,,<1 "m 20_luv"'I'1ll'" ID24,7<l1l'''l<\O.( I .r})1113120 I0 B6A6 PM

St.t, or M,<h,~." B,d S)'''<m

:itIed: Respiratoc SpecirlCal~ Documenl ;or comptele specific31ions,

luoling Brond Below: .~,

uoling Brand Below'

'" ~UOling Brand Below:

SA uo~ng Brand BelOw:

'" h.t<d;ng Brand Below,li--

IBrand Requirement: 1510·1 1510·1 10046570 BRNF12B 'R·15

,II Brands are Acceptable 'endor camments [~msoo p~ # A75217

endor Commenls tem kitled

'eildor COlTJlllenls :BRN Approved Canister

6 TF12 CSIOC Canisler. 'See chment ~Ued: ReSp~ato(

,pedflcation Document lor complele lpeciflcations.

EACHT 12110 $23,3800 $28,056.00 lauoling Brand Below: .~

1510.2

$24.0100 $26,612.00 puotiog Blalld Below:

'00 1510-2

1$38.46000$32,0500

~iog Brand Below:

1~M

$28,2500

::llro~og Brand Below. ~

TF12 (each)

1$33,900.00 $39.9300 1$47,916.00

~Oling Brand Solow:

;2A1 (46().(l1-(l6)

7 EACHl

IBrand Requtrement; ItYI BrarK!. are Ac<;eptable ~ Test Adajl1Of. osee attachmenllitled:

pirator SpeciflC!ltioo Document ble ~pedticafions.

rand Requirement: I Brands are Aecep(able

Pricing Guarantee: Payment Tenns I Discount; Warranty Info:

Delivery I Sbrt Date;

Minimum Order?

Price Firm Through?

Exceptiofls Taken?

Comments/Exceptions:

'endor Comments endor Comments .ramsco part #A75218 Iem kiUed

24 LNo Cosl ~ocost No Cost ~ocost $66.4000 $1,593.60 $137.5000 1$3,300.00=ng Brand Below: ~;&andB®w.$I

00i0~ "'~

d., :t30days

~Mlf)' is 4 to 6 weelo:s AAO

'es, Minimum order amollnt of ;355432.25 is reqtJIred.ene Time I'urclJase (see Poong ,uarnnlee Above)

10

Ligan Stale Poice order. 90 days

~.

I.~

. 7""",ks ARO

I'es, Mninlum order 8rnQllnt 0(

~65033.05 is required. '}:::kle Tl1Ie PllrclJase (See Prlclng l3uorantee Above)

",'I;')' '1:<; ~n·1

Ie" .;"",' ')r,' I" f",po",e In ..liG"." ~;,' J"" ··1" &. Reps

IOnC1S," ."!' I" '.,rL ;!,; pricing 10

'11'.<;' ,,~ ~ '.&,.1 'o'oorlos,; and Jull',",'?"'; f,·~IC'»81 rll"rnb~;s only il

,-,I' PO, 0"0 p'3ce1 01 ~le same ,rr,a9J "'l'

wi! be IIeld lor 90 days 45 days Is good Iuloctn'es \IIan'anty stands

fn;mentcan be lrom 3-lOdays

'es, Minirrum order amOllllt 01 100 is required.

t?oo Time Purdlase (See PIici~g ,uorantee Above)

10

'rlcing will be ~eld lor 90 days

d,. 00 lnuf.

17/01/2010

10 minimum quantity or 8JTlOUIlt is required.

poe TIflle Purdlase (See Pricing Guarantee AboVe)

10 days

'endoc Comments ~c1 equal 10 Avan Riot Control canlsler $96.2300 1$2,357.52

~ng Illalld Below:

."'il Test CBRN ~

'ender eomneols SPectrle FUes! Mapler

d,. '"~ Tr:1'Year Wffii1ii)[y

20-150 days ARO

r'es, Minimum ordef quanmy 01100 is teQUlred,

Ie Time PUidlase (See Pricing :>U<lfanlee Aho\l<l)

'lei>

IJO days

Certifications And Representations:

Qualmoo Disabled Velcran Canmunity Rehab. OI'g. MicIlfgan Busiooss Smal Business Coocem Women-Owned Business Minorll.y~ Business Veteran~ BU!li~

Persons w!Itl Ois>lblliUes O\\ned Number 0( ErfllIoyee~

AMual Revenue -MiDeal EFT Compliani Michigan Economic Impact: An~c1pated Annu:li.E'ayroll: % 0/ Contracls Annual Payroll: Number of MI Residsnt Employee~:

I

No No No No No No No No -1M· 250 535,SOO,OO(); $175,000,005-

- ,--_.

No NoNo No No - liio"'No - No No Yes~ 'NO '"No No 'No-101.,50' - -- No

$3~500,Oi:xi. $175,000.000 ---' 'No" .. .. .. -LeiS-Thaii 50

'- I ~,,~~;~::_~!~~o;ooo

Yes

0000 10i5%

No No No 'Yes y"NO' NoNo .... _._ ...__... ,_. Ltiss than 50less Thail-$-iso,ooo'

Yes

20000 100%

No NO Ne --

-'Yes Yes

--';:iii NQ-~~'~'-

-,~-~--

No Less TP,an so-' . $10,000,000 ·'$'10,500,000

y"

7,000' -100%

%Contracts Annual dollon; In MI:

h"p'J""""".~ovb;d,,<o"">c'ipt>lllid4Mi<hi"."'Admi"_BirS4Mi<h,g."'Aw,.vR ..;...._L,,,I,.....,"""""_Lin<1'rm20_2.."',•.,,1ll'I-IOl4l7&Bl.... l66 (2 oflj1M010 U6:46!'M

-- - - ---

- ---------- --- -- --- ------- -- ----- ------- -------

s"" orM;ch'i'" a,d Sy..,,,,

Anlipicaled capital mveslemenls: Above capital inveslemnls de.cipuon:

_._.0 0 7.1 ArarTlSco will be purchasing

ilerns fronl a Michigan-based business, ho_r, Aramscowi~

nlll direc:dy be employing ~ny

Michigan residenl.'i.

0

0

Ar~msl:l;l"';l1 bI1 pu{char;ing il~m~

from aMichigan-base<i bIJ~inp~s,

ha\OeVt'r, "'r~m~t:o ~II not diret:Uy empjoyoo Jl!'QpI~ 10 pe([om on t~;5

conlJat:!.

, 0 0 'M% 0

0

, ~--, , 0 00

100'10 10% . 0 0 oJ.

,

Companies that Subm'"ed R No Bid Respcmse Vendor Comment

Unllex Direct

_So"

Company Name This is ~d only IhrtlU9h t>I'1e dislrnulor 001 of OI'1icl. ~ Is nol a 'roo ~ pro:lut:llhal can bI1 acee•.ed by m"~iple djs~jbulioo point!! lo benefit !he 1cM@'lpossiblecostlllilhthe performarooe ~ooded 'or

:he Michigan State Polo!. Thank )'00 lor tile oppoIluni!y hlJWl!Vl!(, we do nol ~e! Ihj~ Iype 0'1 ~pjlalor.

I ICanl;Cl - Return 10 Main Menu

""pi /I.,.,.. .10"';11>. ""',.~,p''''a ;J' I-l ,'" '8'.'Ad""" _B,oW r-l ichig••1Aw.f'lIRov",w_l",d,,,.1,,,'",'"_Lin'U",nl0_1." ...~~nol_lOl4}7& BJ-4566 P 0r 1)J!8!lO'0 ); )6;46 PM

Line Items for Solicitaiion: ITB-BK-07110200145 - Air Purifying Respirators Page 1 of2

v'e+on' <t 0 II Vd re z:..

5/7- 2'11- J~(, <j

Line Item Details for ITB·BK·071 10200145 ~I iVi t1 re v(,J /!11t:'/l,!l2n -to V i./ 0

If this document is still open, you may still send us pricing by Clicking on the 'Send Pricing' button under the "Links to Other Related Options" section on the summalY notice page. FYI - You can Click here far a spreadsheet view of the information below.

IDocument Number: ITB-BK-071 10200145 I Requisition

Number:

IDeadline:

551 R0200020

7/11201030000 PM ED.T. I I

I Title of Notice:

IBuyer Name:

IBuyer Telephone:

IBuyer Email:

Air Purifying Respirators

Mr Brian Kloeckner,Buyer Specialist - Professional Services

(517) 241 - 0684

[email protected]

I I I I

. Line Item #1

Specs for#1:

DelivelY Info

Quantity: 58 IUOM: EACH

CBRN Mask, Size Small. "See attachment titled: Respirator Specification Document for complete specifications. Brand Preference: Brand Name or Approved Equal Manufacturer: Avon Model Number: G50

TBD TBD Lansinq, MI48913

Line Item #2 Quantity: 992 IUOM: EACH

Specs for #2:

CBRN Mask, Size Medium. ·See attachment 1itled: Respirator Specification Document for complete specifications. Brand Preference: Brand Name or Approved Equal Manufacturer: Avon Model Number: GSO

TBD TBD Lansina, MI48913

DelivelY Info

Line Item #3 Quantity: 117 IUDM: EACH

Specs for #3:

CBRN Mask, Size Large. "See attachment titled: Respirator Specification Document for ,complete specifications. Brand Preference: Brand Name or Approved Equal Manufacturer: Avon Model Number: CSO

DelivelY Info BD

TBD Lansina, MI 48913

~ckw bw.t https:l/www.govbids.com/StoredDoclBid4Michigan/Documentslbidil02457/1 02457.hnn 6125/2010

Line Items for Solicitation: ITB-BK-071I0200145 - Air Purifying Respirators Page 2 of2

Line Item #4 Quantity: 200 \UOM: EACH

Specs for #4: Spec Kit. *See attachment titled: Respirator Specification Document for complete specifications. Brand Preference: All Brands are Acceptable

Delivery Info TBD

BD Lansina, MI 48913


Specs for #5: F/2B CBRN Canister. '"See attachment titled: Respirator Specification Document for complete specifications. Brand Preference: All Brands are Acceptable

Delivery Info BD

TBD Lansino, Mr 48913

Une Item #6 Quantity: 1200 IUDM: EACH

Specs for #6: CTF12 CSJOC Canister. ,oSee attachmenllitled: Respirator Specification Document for complete specifications. . -t..\tf\ Brand Preference: All Brands are Acceptable

Delivery Info BD BD

Lansina. MI 48913


Specs 10r #7: Fit Test Adaptor. ·See attachment titled: Respirator Specification Document for complete specifications. ,Brand Preference: All Brands are Acceptable

Delivery Info BD

TBD Lansino, MI 48913

https:llwww.govbids.camiStoredDaclBid4MichiganIDacnrnems/bid/102457/I02457.htm 6/2512010

ITD # 071I0200145 Michigan State Police

Respirator Specifications

Description The eBRN (Chemical, Biological, Radiological, Nuclear) respirator is required to address the operational needs of First Responder users. It must provide high levels of protection against all known chemical and biological warfare agents, as well as radiological and Toxic Industrial Materials, when fitted with an appropriate filter canister. It must be suitable for use in a wide variety of operational scenarios, including battlefield protection from NBC (Nuclear, Biological, and Chemical) agents, first response to terrorist incidents involving WMD (Weapons of Mass Destruction), public order operations, chemical accidents, narcotics enforcement and counterterrorist/counter-insurgency operations.

A range of filters must be available to address differing requirements.

A. Effectiveness in Use

1. When combined with an appropriate filter, the respirator should provide protection to the face, eyes and gastro-intestinal tract of the wearer against all known chemical and biological agents in aerosol, liquid and vapor form including:

Particulates J m''''INerve Agents Blister Agents Blood Agents Riol Controi

Aaentsflrritants Biological Aaenls

"G" series

"V" series

Any thickened

form of agent

Murolard

Lewisite

Any thickened

form of agent

Hydrogen

Cyanide

Cyanogen

Chloride

CS CN OC (pepper spray)

Chloropicrin

Virus

Bacteria

Fungal

spores

0""and fumes

Fibers

Radioaclive

particles I

2. When fitted with a suitable filter, the system will, additionally to the above, give effective protection against Toxic Industrial Chemicals (TICs) including, but not limited to: sulfur dioxide, hydrogen sulfide, chlorine, hydrogen chloride, ammonia, phosgene, phosphine, organic vapors with a boiling point above 65°C, formaldehyde, and nitrogen dioxide.

3. The mask must have a protection factor exceeding 10,000 when correctly fitted. used and maintained in accordance with instructions.

B. General Construction

The mask shall consist of the follOWing components:

4. The mask shall be Michigan made and should have been previously submitted lo the Michigan Stale Police for testing and evaluation in March 2009,

5. have twin filter canister ports with standard 40mm thread connections with a blanking plug provided for the redundant port, such that the filter can be mounted on left or right side

6. Face piece with adjustable head harness (6 point). The facepiece must be available in 3 distinct sizes (S, M and L)

7. Adjustment buckles shall not be positioned to cause pressure points on the top or fore portion of the head

8. Brow strap shall not be made of elastic material

9. Brow strap adjustment shall not be constructed of a plastic or metal buckle assembly

10. Head harness shall consist of a harness skull cap assembly

ITB # 07110200145 Michigan State Police


Description The CBRN (Chemical, Biological, Radiological, Nuclear) respirator is required to address the operational needs of First Responder users. It must provide high levels of protection against all known chemical and biologicai warfare agents, as well as radiological and Toxic Industrial Materials, when fitted with an appropriate filter canister..It must be suitable for use in a wide variety of operational scenarios, including battlefield protection from NBC (Nuclear, Biological, and Chemical) agents, first response to terrorist incidents involving WMD (Weapons of Mass Destruction), public order operations, chemical accidents, narcotics enforcement and counterte rrorisUcounter-insu rg ency operations.

A range of filters must be available to address differing requirements.

A. Effectiveness In Use

1. When combined with an appropriate filter, the respirator should provide protection to the face, eyes and gastro-intestinal tract of the wearer against all known chemical and biological agents in aerosol, liquid and vapor form including:

Blister Agents Blood Agents Riot Control Biological ParticulatesR'N' A,,,'s Aaentsllrrilanls Aoents

"G" series Mustard . Hydrogen es Dusts, mists I Virus "V" series Lewisjl~ Cyanide eN Bacteria and fumes

Any thick~ned Any thickened Cyanogen DC (pepper spray) Fungal Fibers

form of agent form of agent Chloride Chioropicrin spores Radioactive

particles

2. When fitted with a suitable filter, the system will, additionally to the above, give effective protection against Toxic Industrial Chemicals (TICs) inclUding, but not limited to: sulfur dioxide, hydrogen sulfide, chlorine, hydrogen chloride, ammonia, phosgene, phosphine, organic vapors with a boiling point above 65cC, formaldehyde, and nitrogen dioxide.

3. The mask must have a protection factor exceeding 10,000 when correctly fitted, used and maintained in accordance with instructions.

B. General Construction

The mask shall consist of the follOWing components:

4. The mask shall be Michigan made and should have been previously submitted to the Michigan State Police for testing and evaluation in March 2009,

5. have twin filter canister ports with standard 40mm thread connections with a blanking plug provided for the redundar'lt port, such that the filter can be mounted on left or right side

6. Face piece with adjustable head harness (6 point). The facepiece must be available in 3 distinct sizes (S, M and L)

7. Adjustment buckles shan not be positioned to cause pressure points on the top or fore portion'of the head

8. Brow strap shall not be made of elastic material

9. Brow strap adjustment shall not be constructed of a plastic or metal buckle assembly

10. Head harness shall consist of a harness sKull cap assembly

ITB # 07II0200145 Michigan State Police


11. Meet NJOSH CBRN Standard

12. Common inlet and outlet valves

13. Electrical communications pass through, with provision for internal microphone, external connection of communications or voice projection I amplification unit

14. Single flexible eyepiece incorporating impact protection and anti-yellowing properties

15. Provision for high flow drinking capability inclu':ling internal mouthpiece, drinking tube and 2 safety valves.

16. Ability to utilize optical insert

17. Once properly fitted, the respirator shall be able to be donned and doffed by only utilizing the cheek strap adjustment buckles

18. Extended protection on the front of the neck to provide protection when utilized with chemical protective ensembles

19. Fit in the Blackhawk Omega APR carry pouch as used by the Michigan State Police with either a CBRN or CS/CN canister properly attached

20. Compatible with and able to covert to a powered air purifying respirator (PAPR)

c. Environmental

21. The materials used am:! the method of construction of the mask should be designed for operation and storage in accordance with NIOSH CBRN criteria.

22. When stored in its original packaging the mask must retain its operational effectiveness and efficiency with no degradation to its performance under the following environmental storage conditions:

Tem erature 32°C_71°C Humidi ran e 0-88RH

D. MateriaUPerformance Specifications

23. Penetration

a) The mask facepiece must be manufactured in a chloro-butyl/silicone rubber biend or equivalent to provide protection against penetration by all liquid, aerosol or vapor chemical and biological agents, as well as enhanced comfort over traditional compounds.

b) The time for penetration of liquid chemical warfare agents (including HD and VX) must exceed 24 hours. In addition the compound must also provide excellent tear strength and compression set properties..

c) The nosecup I airguide must be manufactured in silicone rubber for enhanced comfort and provide anti-misting properties without additional internal check valves.

d) A common valve for both inhalation and exhalation ports are required.

24. Vision

a) The visor must be of the low profile, and flexible lens type, with enhanced impact and scratch resistance.

b) The visor must be compatible with optical devices such as weapons sights for most in service military and law enforcement equipment wrlile offering enhanced vision over twin eyepiece designs.

c) The intemal air·f1ow design should ensure good anti-misting characteristics.

ITB # 07110200145 Michigan State Police


d) Optional outsert lenses should be available which can be fitted to the outside of the respirator for additional protection against flash, sunlight or laser. Outserts must be qUickly removed by hand.

e) A folding sight correction assembly must be available which can be fitted completely inside the mask for those who require prescription lenses

25. Speech f) Clear communication must be assured by the use of a front mounted exhale valve

assembly. g) Enhanced voice amplification must be available by use of an optional clip-on Voice

Projection/amplification unit, which should be used in conj'Jnction with an: internal microphone, and connected by an electrical pass-through.

h) External speaker must be attached to the front of the respirator.

26. Equipment Integration

i) The mask design must be compatible with a wide range of user equipment already in service, e.g. the close contour brow design permits excellent compatibility with ballistic helmets.

j) The visor must be optimized for use with night vision goggles, sights, binoculars, etc., while retaining thevprovision for internal sight correction.

k) A low profile head harness must be supplied which improves helmet and ear cup comfort.

1) An integral extended chin flap feature should be provided to improve integration with NBC suits in the neck area to prevent skin exposure.

27. Usability

m) The mask must be of lightweight design and slim profile, and offer low breathing resistance to ensure a high level of wearer comfort and confidence.

n) For maximum comfort, an elasticized fabric mesh harness will be provided with six buckle attachments, which can be replac~d by the wearer.

0) Buckles must be pre-adjustable so that the mask can be correctly donned by trained users in under 9 seconds.

28. Sizing p) The mask must be available in 3 sizes to ensure the correct fit for a range of wearers.

A fitting 9auge must be supplied to assist in the correct sizin9 of indIviduals.

29. Weight q) Total weight of the mask should be no more than 500 grams.

30. Drinking r) The mask must be fitted with a high flow failRsafe drinking device that enables the

wearer to drink up to 250 mJlmin of water without having to remove the respirator in a contaminated environment.

s) A dedicated canteen cap attachment must be available to fit either a standard canteen water bottle or existing in-service water bottles.

31. Shelf Life t) The mask must have a shelf life of 10 years or more when correctly stored in its

original packaging.

ITB # 071I0200145 Michigan State Police


32. Certification u) The mask must be NIOSH 42CFR84 and CBRN Cap 1 certified when fitted with the

appropriate filter(s).

Requested Bidder Information for Requirements 1-32:

Acknowledge whether all requirements listed will be provided by placing an "X" in the applicable box below.

o Yes, all requirements will be provided

o No, all requirements will NOT be provided

If No is indicated above, specify in the box below which requirement(s) will not be provided by listing the requirement's identification number and an explanation of Deviation.

Bidder Response: