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HomeMy WebLinkAboutResolutions - 2010.03.25 - 10182GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTiON #10052 March 25, 2010 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION - ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM-MICHIGAN TASK FORCE I EQUIPMENT TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U. S. Department of Homeland Security, through the Federal Emergency Management Agency (FEMA), for the State Homeland Security Grant Program; and WHEREAS the State has designated Homeland Security Region 2 in the State which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the Michigan Homeland Protection Board continues to support Regional Homeland Security Planning Boards throughout the state and has charged them to identify and prioritize how regionally awarded grant funds will be used within the regions; and WHEREAS the Regional Homeland Security Planning Board for Region 2 is comprised of the representatives from the above-listed political subdivisions, is not a legal entity that can be a subgrantee for the Homeland Security Grant or that can manage and distribute the grant funds, and has chosen Oakland County to serve as fiduciary and subgrantee for this award; and WHEREAS funding from the FY 2006 and FY 2007 State Homeland Security Grant Program has been used to support the development of a regional Urban Search and Rescue task force, known as Michigan Task Force 1; and WHEREAS the State of Michigan wishes to further support the development of the task force and has awarded Oakland County, serving as fiduciary for Region 2, reimbursement for qualified expenses up to, but not exceeding $125.000 from the State Homeland Security Grant Program to support the development of Michigan Task Force 1 during the period of January 1, 2010 through May 30, 2010: and WHEREAS this funding will be leveraged to purchase (1) refrigerated box truck, which will be used to transport supplies and equipment to the scene of an incident necessitating the deployment of the task force; and WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant funding from the State of Michigan in an amount up to $125,000 with no county match or in-kind match required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote. Executive Order 11593 - Protection and enhancement of the cultural environment http://www ,gsa.gov/PorteligsalevicoutentView.do?coatentTGM, j3ASIC&content1d,--12094 Archeological and Historic Preservation Act (16 U.S.C. 469) h ://vit o /local-law/MK, ArchilistPreu pg, The National Environmental Policy Act of 1969 (42 U.S.C. 4321) htto://www.nepa.govinepairegsincpainesiaeqin.htm Omnibus Crime Control and Safe Streets Act of 1968 IiMvw.usdo" ..ljt_.,___142use3789d.htrn Victims of Crime Act (42 ISSC Section 10604) htto://www usdoi gsgicrticoribvageny/do1060,1.1van Juvenile Justice and Delinquency Prevention Act fit1p://olitipmejrs.arg1alyou1lijdpa2002titiev.pcif Federal Civil Rights Act of 1964 tatp.//www.usdoigoviert/corfindex.htm The Rehabilitation Act of 1973 http://www.dol.g!)vicornpliancetlaw5/comp-rehab.h1m The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12131-34) http://frwebgate4.access ,g)o.govkzi-bio/waisgatc,cta.i2WAISdocID42030427315+0+0 -FO&WAISacti on-retrieve The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) littp://www.usdvj.gpvierticortcoord/titteixstat.htm Age Discrimination Act of 1975 (42 U.S.C. Sections 6101-6107) littp://wivw.dol.govioasain/re/statutese actinin Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations bttp://www.whitchouse.govinewsireleasest2002112/20021212.6.html Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 ES.C. Sec 4601) http://ecfr.gpoaccess.gov/c_g_iftitextitext- idx?c---ecfr&sid=764d9d5c1380f106e9acana07flOd36f78crvi=div58Eyiew-text&riode-18:2.0,4.3.7&idno=18 Federal 'latch Act - Political Activity of Certain State and Local Employees http://www.osc.govihatchact.htin Restrictions on Lobbying (28 CFR part 69) http//www.acces's.ogov/naraJcfi -/sidx 04/28cfr69 04,1mrl Executive Order 12549- Debarment and Suspension httpil/www.arch'Ives.goviletieral-registericodificationiexecutife-order112549.htnal Government-Wide Debarment and Suspension (28 CFR, Part 67) w:LgoIL____Iara/cfrirwaisicix 04/2Sce67 04.htm1 Drug-Free Workplace Act of 1988 htvPfrwebgdte.access.gpogovkgj-bjn/kstdo.cg,i?itnarae-=brovfse wcikdocid=Cite:+41:LTSC701 FISCAL NOTE (MISC. 110052) March 25, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION — ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM — MICHIGAN TASK FORCE *I EQUIPMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution, and finds: 1. The State of Michigan has awarded funding from the State Homeland Security Grant Program to Oakland County, who serves as fiduciary for Region 2, in an amount up to $125,000. 2. Funds will be used towards the purchase of a refrigerated box truck for use by the region's Urban Search ald Rescue Task Force to transport equipment and supplies to the scene of an incident involving a building collapse or similar incident. 3 The refrigerated box truck will not tipe purchased until a funding source has been identified to support t'e asset including the ongoing maintenance costs. 4. The grant period is January 1, 2010, through May 30, 2010. 5. The grant funds in the amount up to $125,000 will require no county match or in-kind match. a. The FY 2 Adopted Budget is amended as follows: FY 2010 FY 2010 Amended Budget Amend. Budget 2,1=1_429340 Domestic P -eparedness Equip. GR#0000000487 Revenues 1060601-115127-610313 -ederal Grant Rev. $ 0 $125,000 $125,000 Total Revenues $ 0 $125,000 $125,000 Expenditures 1060601-115127-760156 Vehicles $ 0 $125,000 $125,000 —otal Expenditures $ 0 $125,000 $125,000 FIN CE CO"AITTEE f FINANCE COMMITTEE Motion carried unaninously on a roil call vote with Long absent, GRANT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: 2007 State Homeland Security Grant Program — Michigan Task Force I Equipment FUNDING AGENCY: Michigan State Police Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Brandon Lewis 8-1598 STATUS; Grant Acceptance DATE: March 4, 2010 Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. Th captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved with the following condition: Before this truck is purchased, funding must be provided for ongoing maintenance and support (Atli() asset. — Laurie Van Pelt (313/2010) Department of Human Resources: Approved. — Cathy Shallal (311/2010) Risk Management and Safety: Approved by Risk Management Julie Secontine (3/2./2010) Corporation Connsel: After reviewing the above-referenced Grant Agreement, I found no legal that must he made before the grunt is executed. — Jody S. Hall (3/4/2010) COMPLIANCE The grant agreement references a number of specific federai and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Office of Management and Budget (OMB) Circular N. A-n, A-87, A-102, A-110, A-122 and A-133 buti://www.whitehou se. goviombicircularsiindcx.html Emergency Management and assistance Regulations (44 CFR) http://www.access.gpo.govinaTaicfriwaisidx 00/44eftv I 00,htall Adinthistrative Guide to State Government littp://www m i zap. govidiab/0,1607,7-150 -9131 9347-.00.1)ml State of Michigan Financial Management Guide (FMG) LIM://www,rnithiggLg_i, ovibudget10,1607,7- 157-1310 27707-99757-.00.km! Single Audit Act of 1984 (With amendments in 1994) ktgrl/www.whileimuse.gov/orilb/fmancial/fia single auditlittni Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness http://www.ttna.govipdtemergency/rfirnQinrrEs 47. Michigan Freedom of Information Act 442 of 1976 (MCI 15.231) ligruffuniol. Ilyjclatrrin. priwif(rnylitio-risfivh-slihavi ert,3x0efl p/milczarx?nat_c —aetObieet8cobiectName --me1-15-23 1 Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d) http://www.usdoi.zovicrtieoriccord/titlevistat.htm Michigan Elliott-Larseu Civil Rights Act — "Act 453 of 1976" bAirethArlmui iptiqsitilrpriIvi(In; 1 Yr, efi-mrtS75571lliwv41:triile.q.asirm?uan=eetobi ect&ohiectname—mcl-Act-453-of- 1976&quervid=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" /2uiwv4511mile asoVnage=getobiect&oblectriame=mel-Act-220-of- 1976&queryid=14718589 Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980 ipoidAturp mirynviiqt ea frarTv4nnni gbv h I Os2135511im ileE.aspx?nafe=zetObiect&obiectName—Incl- Act-278- of-1980 Department of homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29) jittr e:rf r poar.ceqs. vic i ititext/text-idx?e ,,ecfr&tD1=/ec frbrowseiTitle06/6cV9 main 02.tpl Department of Homeland Security — Protection of Sensitive Security Information (49 CFR Part 1520) htIp://www.access.aoo.eov/nara/cfr/waiidx 04/49cfrl 520 04 11=1 Executive Order 12372 - intergovernmental review of Federal programs htty:fiwww.fws.8ov/oolicvilibraoilrReo12372,ixif US Do,! Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) htto:www.access.no.govinara/cfr/waisidx o4r2scfr v2 04.1itml Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) ://etiv.access. o.00viriara tmi COP fidentia lity of Identifiable Research and Statistical Information (28 CFR Part 22) J-Lttp://www.access.gpo,gov/mara/cfr/waisidx 04/28cfr22 04.html Criminal Intelligence Systems Operating Policies (28 CFR Part 23) htm://www.access gph.govinara/cfr/waisidx 01/28cfr23 01-html Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) tittp://www access. goo.govinaraicfrhvaisdx 01128cfr30 01.html Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) linvi/www.access g-no.govinara/cfriwaisidx 01/28cfr35_ 01.html Equal Treatment for Faith Based Organizations (28 CFR Part 38) htin://www usdoi.goviovw/docsiasilinernoreimplementationof28cfmart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) littp://www.access.gøoov/rmraJc.ft/waisidx 01/28cfr42 01.htm1 Procedures for Implementing the National Environmental Policy Act (28 CYR Part 61) http:gwww.access.gpo.gov/hara/cfriwaisidx 01/2Scfr61 _01.html Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) littp://www.p.teess,gpo.govina.ra/cfriwaisidx 01/28cfr63 01.html National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.ops_govihistory/loeal-iaw/nhpal966.htm Social security number or Employer Identification number j 38 6004876W FQ•ff, 1A1•9 pev, October 2007; Depw1,0 o iii Traasury Irwle Rovvi-e arpVc.a Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send tO the IRS. harre (as sticw7 on y01..1' ircuie tax 7etuli-,i _County of Oakland 13u5rE*5 mrre. c Verew `rdr- tfzove Crirr,t appropriate bcx iii Ilciv...lirat/Soe proarietdr — COepuratIvi PartnereeP ddriTany. E-.:sr V7e tax ..tass:ical..vn (EI---d:sr-egarded entty, C=Gcrporaton, P=parriersrip, ')tr7u .1SirLCI** II' Government Entity ACW!'e55' (-MTr.n4r . street, ar.ci art, dr suito oc,) C.tv. stair,. and ZID code Pontiac, MI 48341 List 8.;;CCJ'It 71.irrleer:5) liars ;cptcral) Taxpayer Identification Numbe r Enter your TIN in the EipprOpr ate ocx. The TIN provided must match the rame given on Line 1 to avoid backup withnoiding, For individuals, th .s is your social security number (SSN). However, for a resident alien, sole Propnetor, c- disregarded ent:ty, see the Par; I instructions on page 3. For other entities. it your employer icentification -umber (E.N‘,, If you no not have a number, see Haw to get a T/N on page .3, Note,. If the account is hi more her one name, see tne chart on page 4 for guidelines on whose number to enter, 0 c i71- 0 02 t a. Co a: Part I Exa--,dt payee liECI0C5ter'S narre ad address rcpiEd"a) Part II Certification Under penalties of perjury. I certify that: 1. Tie number snown on trie form is my correct taxpayer identifcation number for I am waiting for a number to be issued to me). and 2, 1 am net subject to oack..p withholding because: (a) am exempt from backup wkhholdIng, or (b) I have rot been notified by the internal Revenue Service (lns) tnat I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that am no longer subject to backup withholding, anc 3. I am a U.S, citizen or other J.S. person (defiled be(ow). Certification instructions. You must cross pot item 2 above if you have been notified by the IRS that you are cuncrtly subject to backup withreiding because yo,., neve Wadi to reprzt all interest and dividends on your tax return.. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or ah.Frincorment of sec;.zed property, cancellation of debt, contributions to an retirement arrangement (IRA), and geheraly. payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TiN. See the instructions on page 4. Sign Here Sivnatvre Of U.S. pOrson Date General Instructions Section references are to the Internal Revenue Cede unless otherwise, noted. Purpose of Form A person who is required to de an irformation return WM the IRS must obtain your correct taxpayer :dontification number (TIN) to report, for example, income pad to you, rea„ estate transactions, mortgage ilterest you paid, acquisition or abandonment of secured property, carcelstion of oebt, or contr butions you mace to an IRA. Use Form VV-9 orry you are a U.S. persor (noluding resident alien), to provlde your correct TIN to the person requesting :1 (the requester) and, when app!ea.b.e, to: 1. Cern' tnat the TIN you are glving :s correct (or you are waiting for a number to be issued), 2. Certif'y that you are rot sub)eot te backup withholding, or 3. Cam exempton from backup wWlhod:ng you are a U.S. exempt payee. If applicable, you are aiso cerffying that as a U.S. person, your atiocao e share of any partnersNp income from a U.S. trace or buslness is net subect to tne withho.dlrg tax or foreign partners sham of effectively connected 'ncorne. Note. If a requester gves you a form other than Form W-9 to request your TIN, you must use the rec.uester's form If substantialy scmi.'ar to th:s Form W-9. efinition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are; • An individual who ls a U.S. citizen or U.S. resident a • A partnership, corporation, company, or association created or organized in the United States or under the laws of the: United States, • An estate (other than a foregn estate), o - • A domtic trust )as defined in Regu,atons seam -. 301,7701-7). Special rules for partnerships. Partnerships that corduct a trade or business in the United States are generety rca.,ired to pay a withholding tax on any fordign partners' share of licoma from such business. Further, in cortan cases where a Fern W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withnoking taN. Therefore, if you are a U.S, person that is a partner n a partnership conducting a trade or business +rt the united States : provide Form MS to the partnership to estabrsh your U.S. status and avoid withholding on your share of partrwsp !name. The person who gives Form W-9 to the partnership for purposes of estaolishirg its U.S. status and avold:ng w-thnolding on its alloCable share of net income from the partnership .,-,onaucting a trade or business 4N. the U7ited States s in the timing cases: • The U.S. owner of a Oisregarcied entity and not the ertity, Cat. No. 10231K TT - (Rev. 13-2007) For W. peefo-eacej Page 2 • The U.S. grantor or ether owner of a grantor trust and not the trust, ane • The U.S. trust (ether teen a reactor trust) and ect the beneficeet es of the 'suet_ Foreign person. If you are a fererge pereon, do riot use Form leti-9. Instead, t(Ge tpe appropriai, Fcrm W-8 (see PubJcaleon 515, Withhold ng of Tax on Nonees.cent ;does ann Fo7eign Entitles). Nonresident alien who becomes a resident alien. Geriefaliy, only 8 norresdent Wier: .ncier dual may use the tern-s ef a tax treaty to reouce or e:irerate U.S. tax oe certain types of eeome. However, most tax treaties coetaie a provision known as a "saving clatise," Excepeons epece ed in the saving cause may permit an exemption from tax to continue for certain types of income ever after tre payee has oteerwise become a U.S. resident alien 'or tax ourposes. If you are a U.S. resideet aren who is reeyng on art exception coetained in the saving teause of a tax treaty to claim an exemption from U.S. tax on certein types of rricome, you must attach a statement to Form W-9 that epecifies the foeoeeng five items. 1. The treaty couetry. Generaey, this must be the seine treaty under which you claimed exert-peer.. from tax as a nonresident aece. 2. The treaty artic,e addressirg toe income. 3. The artice number (or location) in the tax treaty that contains the saving c!ause and as exceptions. 4. The type and amount of income that quagfies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of tie treaty articte. Example. Article 20 of the U.S.-Chlea lecorne tax treaty allows an exemptioe from tax fo7 scholarehio income received by a Chinese student temporarily present in the Unite d States, Under U.S. law. tnis student wid become a resident alien for tax purposes if his or her stay •,n the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-Ciena treaty (dated April 30, 1954) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a reseeent alien of the Uneed States. A Chinese student who qualifies for this exception (under paragraph 2 of the feet protocol) and is relying on this exception to c aim an exemption from tax on his or her scholarship or feilowerep ncieme woted attach to orm W-9 a statement that includes the informaton described above to support tat exemption. if you are a rienreseiere slier or a foretgn eetty riot sublect to backup withhold'ne, give the reauester the appropriate completeo Form W-B. What is backup withholding? Persons making certain payments to you must ende7 certaet c;nna.T,Crls with!nolo ono pay to tee IRS 25% of suce oayrnents. This ;$ called "paeledp withholding." Payments that may be subject to backup withholdirg include interest, tax-exempt interest. c.iecierds, broker aid barter exchange transactIons. rents, royat:es, nonemployee nay, and certan payments from fleeing coat operators. Real estate transactions are not subject to backup welnho.deig. You we not be sJb;ect to boueup We:Adding on payments you receive ie you give the requester your correct TIN, maKe the proper eerie:caters, and repoe all your taxale.e interest and dividends on your tax 'etern. Payments you receive will be subject to backup withholding it i. You do not furn.sh your TN to tee requester, 2. You dc not certev eour TIN when reetered J'eree the Peet If lestructons or. page 3 for dotalse 3.Ine IRS tea tne reclueeter teat you furn.sned an incorrect 4. The IRS tells you that you are sub sot to backup wthholding because you red not report ail your interest and civ;dends on your tax return (for reoorteble interest and divicends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above for teem-table ttereet arc divieerei accounts opened after 198e. Certain payees arid payments are exempt frcfn backup vethholding. See the irstreetens below and the sepurate netructions for the Requester of Form W-9. Aso see Special rules at partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furreue you'- correct. TN to a requester, you are subject to a penalty of $5C for eacn such fai.ure unless your faiiure is due to reasenatee cause and not to wiieul neglect. Civil penalty for false information with respect to withholding. If you maee a false statement with no reasonable basis that results in no backup withholding, you are sebjeet to a $500 penalty. Criminal penalty for falsifying Information. Wilifuey falsifying certifications or affirmations may subject you to erirerra: penalties including fines anti/or imprtsaernset. Misuse of TTNs. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to vh and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have cnanged your last name, for instance, due to marriage without intem!ng the Social Security Administration of the name change, enter your feet name, the last name shown on your social security card, arid your new last name. If the account is in joint names, list first, and then Circle, tee name of the person or enety whose number you ertereo in Part I of the form. Sole proprietor. Enter your indivelual name as shown on your income tax return on the "Name' !ine. You may enter your business. trade, or "doeig busmess as pl3A)" rame on tee "Business name" ene. Limited liability company (LLC). Check the "Lerlited liability company" box only and enter the approprate cede for the tax classification ("D" 'kir disregarded entity , "C' for corporation, "P" for partnership) in the space provided. For a single-member LLC (inciudirg a foreign eLC with a domestic owner) that ;s disregarded as an entity separate from its owner under Regulations section 3e1.7701-3, enter the owner's name on tic 'Name" line. Enter the LLO's name on the "Business name" line. For an LLO classified as a partnership or a corporation ., enter the LLC's name on the "Name' line and any business, vacie, or DBA name on the "Business name" Inc. Other entities. Enter your business eerne as shown on reeteeed federal tax documents on the "Name" iMe. This name shouic meters the name shown on the charter or other 'ego.: document creating the entity. Yoe rosy enter any business, trace, or DBA name on the "Business name" Note. You are requested to check the appropriate box for your status endtvidual/sole proprietor, cormation, etc.). Exempt Payee If you are exempt team backup withholding, erter your name as described above and check tne appropriate box. for your status then check the 'Exempt payee" box P, the itre fohowing the business name, sign and date the form, Exempt payees 1 t'rough [3ene,ally. exempt payees 1 thrcJgh Page 3 f , W-4 iP. In flTh Genere'ly, ind)vdue,s (ircluOing so e proprietors are not exempt from backup withino:dng. Corporations are exempt from backup withholdng for certain Payments, such as 'rterest and tieldends Note. If yo ,J ac exempt hor-7 backup withholding, you shou d WI compete this form to avod pass[b'e erroneous backup withno!dieg The fo,ow ng payees are exempt from backup Wthhoiding: An orgarzatior exerept 4rom tax uncer section 501(a). any IRA. Or a custod.al account under section 4G3(b)(7) if the account satisf es the Tqu'rereents o section 401Xj;2, 2. The United States or any o' its agenc es or instrumertalites, 3. A state the District of Columbia. e pOSSeSS:09 0' the Un;teo States, or any of tne:r pol.t.ca subcivis.ors or inStrUrnelta. t es, 4. A foreign government or any of its pc:itical suudiv aims, agencies, or instrumenta 'ties, or 5. An •nternational organlatior or ary of its agencies or instrumentalities. Other payees that cray be exempt from backup withholding ino,ude: 5. A corporation. 7. A foreign centre,' bank of issue. 8. A dealer n securtes or conviodities required to register in the United States. the Distr ct of Co umb(a., or a possessior of the UrAid States. 9. A futures commssion mei.chant registered w.th the Commodity Futures Trading Commisson, 10. A real estate irvestment trust, 11. An ent ty registered at al trnes during the tax year under the Investment Company Act of 1 g4.3 "`.2. A common trust turd operated by a bank Under section 584(a), 13. A financial inst tution. 14. A middleman known :n the !nve-strrent community as a nominee or custodian. or A trust exernot from tax under section 664 o: describeo .n section 4947. The chart be;ow shows types of payments that may be exempt from backup withhoid ng, The chart epp;ies to the exempt payees Isted above, ' through 15. IF the payment is for ... THEN the payment is exempt for. . interest and dividend payments Al! exempt payees except for 9 Exemot oayees 1 through 13. Also, a person registered uncier ; tie rvestrnent Adv.sers Act of :340 who nags.il,any acts as a broke' Barter exchange transactiom and patronage dividends Dayments over 5600 recOred to be reported ancl direct sales over $5,300 ,See Fe—. lcs9 -Kb-a misce IW100.15 ir'_Or.".e, and Iis .nstructions. .1-1.oweve7, tne fotowtig pay–et s '-de Lo a corporot -on ;.ncit,dirtg gross procsed5 pat to al attorney wider t-AcVor, 5,..::45(r,„ even it tne attorney s a corpdreton) arid reportable on Forffi 1099-MI5C are not exeirpt trOin backLp wttino ding n•edica at-A tieditn Care paytnerts. attorneys' tees, and payments or services paid by a rectral execotve agency_ Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. if you are a res.cent alien and you do not have and are not dig b a to get an S5N, you!' TIN is your IRS nd;vd ...;a: taxpayer identif:cat on nunncor (ITIN). Enter it in the social security number box. If you do not have dr 'TIN, see How to get a TIN be.ow . If you are a sole brovietor and you have an EN, you ray enter either your SSN or ON. However, tile IRS prefers that you use your SSN. t' MI are a single-member LLG that :5 disregarded as an entity separate from its owner (see Limited liability company ILO on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter tie d'sregarced entity's EIN. if the LLG Is ciassiiied as a corporation or partneriship. enter the ent.ty's FIN, Note. See the chart on page 4 fa- further ciar!fication of name and TIN combinations. How to get a TIN. If you do not lave a TIN, apply for one mrnediately. To apply or an SSN, get Form 56-5, Anprcatior for a &Oat Security Card, from your iocal Socal Security Administration office or get th:s form. online at www.ssa.g04. may also get this form by call:rg 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Inerliftation Number, to apply for an ITIN, or Form 55-4, Appicatioe for Employer Identificaton Number, to apoy for ar EIN. You can apply for an EN online by accessing the IRS website at www.Irs,gpv/businesses and click:ng cr Erp oyer Identfleetion Number (EIN) under Starting a Business. You car get Forms W-7 and SS-4 from the IRS by visiting wwwirs.gov or by caLr 1-890-TAX-FORM 0-800-829-3616). If you are asked to corno,ete Form W-g but do not have a 'IN, write "Applied For" in tic space for the TIN, s ign and date the form, and give it to the requester_ For interest and de,rdena payments, and certain payments made with respect to readily tradable instruments, generally you WiL have 60 days to get a TIN and give it to the requester before you are subject to bacKup withholding on payments. The 60-day rt.le does not apoty to other types of payments. You will be subject to backup withholding on al Suci payments until you provide your 7.4 to the requester. Note. Entering "Applied For' means that yu have aready applied for a TIN or that you Intend to apply for one soon. Cetrtion: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, s'on Form W-9. Yet., be requested to sign by the withhoiclieg agent even it items I. 4, and 5 beow Indicate otherwise. For a joint account, only the pe-son whose TIN is shown Ti Part I should sign (when requ'red). Exempt payees, see Exempt Payee on page 2. Signature requirements. Complete the oertificator as !na cated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 1983. You must s:gn the certrcaton or backup) withiolding will apply. If you are subject to backup w trhoodirg and you are merey provding your correct TIN to the reouester, you must cross out item 2 in the certification before 5gnirg me form. Broker transactions oh* name and SSN of: Tliu actua ow-ar of The ecLow-ri or GOrriPliRd funds the f-at i'iG v an ',he The —sinar The grentor-trostee The actJa owne, The ow^er Give sterns and Esit -"r1,0 OWI1E, Legs witty Tot) Wr0Gratio- 7ne organiaaton The palr,ership The broxer or rioreinee The mibiic entity Form W-9 Tlev. 3-2C.C.7:i Page 4 3. Real estate transactions. You most sign the certi ftlt!on. You may uross out ter 204 the cert,ticaton. 4. Other payments. Yo.. must give your correct TN,Out you do nof have to sln the certi f:eat.on un'ess you have veer notif ed that you have Qrev-cus.y giver an ncorrect TIN, "Other payments irclude payments made in the coarse of the requester's trade or busTess for rerts, royalties, goods (other than bil:s for meronandisel, —ec:ica and health care senices (incluthng payments to, c,orperat Ions;. payments to a nonerrp!oyee or serves, payments to Certain •tsti;rtg boat crew members and fishermen, ard gross proceeds dald to attorneys (irclucirg payment to CorporZI,ConS;. 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, °overdraft ESA, Archer !ASA or I4SA contributions or distributions, and pension distributions. Vad MUSt g:ve your correct TIN, but you do rot have ro sIgn the certif:cat;on What Name and Number To Give the Requester Far this type ot account: redvidual 2 Two o! "rtOst iaO vrc1L.3. or-t accoAt 3. Custodait accoant of a i-rilac (Unifvirr (3!4ic Minor At a. The us..ial rovocab'e savAgs trust igre'ito a a'so trustee; P. Ecioa.led trust aCGC..111 that is a latia vale trust. „leder State aw 5 : 5010 propretoriri:O or d:sregardel entity 0Wres1 by BO For this type al accoUntt 6. Olsragarded e-tity riot awned by ah. indiviCual 7, A yaw Irs, estate, or pe,-.So-i rjst O. Corporate or LLC eiecting corporate 3latus on Form F1832 9. Associato,, Oub, re7giOus . charleo'a 0duziatiora', or other tas-eioarnpt argarizat a. partuarshu or multi-men-bet LIL.0 1 1 . A orsiier Or reir4 stored norr-E noe '2, Accoant the epriirtrredt of AgiritStureir the 7.am9 ral a puto'c,c eritity I5...Ch Q.5 a state or iocal dovommont, sr.,hcio cistr.ot, Or orispol trial receives agricultural program psyTents Secure Your Tax Records from Identity Theft Identity theft occurs when someone Uses your persona, information such as your name, soc:ao security number (SSN), or other 'clentity'rg tili.01T-latiOrt, Without your permission, to comma fraud or other crimes. An iciert,ty thie f may use your SSN to get a job or may file a tax return us'ng your aSN to receive a refund. To reduce your risk: e Protect your SSN, • Ensure your employer is pieteetng your SSN. and • Be careful when. choosing a tax preparer. Call the IRS at 1-80a•E29-1040 if you tn.ink your :Identity has been used inappropriately for tax pLIFPOSCS. V:ctirns of identity theft who are experencing ecorornic or a system prob.em, Or are see$s;rg help in rescnvng lax orooleits that have not been resolved through normal channels. may on eligible for Taxpayer Advocate Servee (TAS) assistance. Yot.: car, reach TAS by call'ng the TAS tii-free case intake line at 1-877-777-477B or rryrrao 1-800-B29-4059. Protect yourself from suspicious ernes or phishing schemes. Phishing is the creator+ and use of ema,, and websites designed to rvmic .egItimMe business emails and wecsites. The most common act is sending art emaii to a usor falsely claiming to be an establ,shed leglimate enterprise n an attempt to seam the user Tito surrendering private information that will be used for identity theft. The IRS does not initiate contacts w!th taxpayers via erriaiis. Also, the IRS Coes not request persona! detailed irformation through email or aak taxpayers for the Plti numbers, passwords, or similar secret access information for (her credit card, bank, or other financial accounts. I' you receive an unsolcited email claming to be from the IRS, forward this message to phishingrOirs,gov: You may also report misuse of the IRS name, logo, or other IRS persoral property to the Treasury Inspector General for Tax Administration at -81:10-356-4484. VU can forward suspicious emails to the Federal Trade Commission at: spamOuce.gov oroortact them at www.consurnergovlicrtheft or 1-877-1DTHEFT(4313-4338). Visit the IRS website at www.irs.gov to learn more about Identity theft and how to reduce your risk. 'List fisr ails ova tea -ams or rs panel rombtnn you a^ly j^a Dewar an a pm/ accau l hag SSN, 1,10, Llara:.,11 's rrivr be iitzviished 1..I:+9 r.sPie arO Ii.m oh ire rr .5.5N 'YOu VLSI rtow yOAr roliv.dual 7ELITV a,r1 yui., may also e^tei, your bsuiusso• JBA' name c lie saGaiv lame tray 55N Or "O. N l earwi'it 0,55, lltirt ire ms eniuvvages NU 10 J5e yDUI 551.4 LFI f rsi are ci-ale vis name ct ire Irish, usiate CfD2-5:0,1rJ81. ICO1C1'.4,1,51- (frit) ir of Ine pvrsontil 'uormerint ve a in, Slue arias IN legal Wily asei s desirfoled I" accouri see bor14.7/,13,-V-iv..5 or page 1• Note. If no name is circled when more than one name 'a i:sted, the number will be considered to be that of the first name listed. Privacy Act Notice SettiOn et a9 cf the internal Revenue Code requiras }KW to rt.-Q.0;de your correct 11151 to persons who must file irforrnetion retOMS w.th the 'FiS to report ilterest. dvitionts, and oarte.r, other rcome pal to yet., "hortgago -"threat you paid, the acclusition or abandonment 0! secured property, cavellation of debt. or contribA005 yoa Tade to ii IRA, or Arcor M.SA ar rISA The IRS uses the larbers for identification purOoces add to help vasty the accuracy ot yo,r tan rettin, 7eolFIS may eso prov:Ce this in'orrraton to the Department of Jirstroe for clvil and criminal litigation, and to cities, states, the District of Col.:al:1a, Und possessions to carry oat trier tax hews We may also disclose this j.7:fOIr1elt:0rl to °tries countries under a tax treaty, to fedora! and Male agencies to enforce federal nontax corriha Jaws, or to Federal ow enforcement and hteligeitoe agencies to combat terrorism. Yoa must oroV:Pe your TIN whetr or or hot you are redi red to fe a tax return. Payers must generally wilt:hold 26% of taxable :merest d videtid, arid certairi diner Par-nerds to a payee Who does not give a TTh to a payer. Carter, penalties Tay tied apply, Give name and B.Strl of: Toe 'Idly:duo actual owner of The aCCOUrrt it corroined funds, the first vidua cr. tre account' The .nincr The grantor-trustee Tne actua owner GIve name and EIN of: Legal entity oorporaton The organ zat oi The partrorsr p The Prue! or rorninee 'he pub.ic entity For IFIev. 1C-207) 3. Real estate transactions. You must sign tre cenificaten. You may cross out item 2 of tie centificat on. 4. Other payments. You must give your correct TIN, but you co rot nave to sgn the certlfLiAton unless you have been notified that you have pitevicusly giver ar icurrect TIN. 'Other payments" rioiu.de payments mace in t7e course of the requester's ti-&de or business for itents. royalties, goods (other than bills or rnedica and health care servces (including payments to coroorations, payments to a nonernployee for services, Da yrnentS to certain fishing boat crew members and 7`i5nertirien. anc gross proceeds paid to attorneys (ino:uding 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, Coverdell ESA, Archer MSA or FISA contributions or distributions, and pension distributions. You must iVie your correct -IN, out you do not have to sir the certification. What Name and Number To Give the Requester .11•n For this type of account: 1, ndivodusr 2. Two Or moire tdvicluais Ije 'it account) 3.Ctistodati account of a minur tUreforrc Gift to ;Mirrors Act) 4, a. The uses' revocable savings trust igrattor .s aso trustee; o. &o-called tr.,st account that .a not a ieal or void trust ...index state law 5. Sale proprietorship or cisrogarded rant ly owned Oy an individ,,a. For this type of account: 6. Disregarded entity rot owned oy alil Tho owns. indly'rdval 7. A yid trust. estate, or pens:on ;rust 8. Corporate or L,LC a eang corporate status on Form e652 9. Associetior. club, re.g,ous, charitable. educational, or other 11,$x-exiempl o:gerrizaticrr ID, Partnership or mu:I.-member LLC 11, A broor or re.gistered nomirtee 12. Accoom wnrr ire Ccoartrrert or Agncuiture ir the come or a PiKiiC entKty i*.r;i1 as a state or !coal ; government, schoot district, or prtsarn tnot rece:ves agriou,tura. program oar-or: to Pn-e 4 Secure Your Tax Records from Identity Theft lc:entity theft occurs when someone uses your personal .nforrration such as your name, soc:a security number (SSN), or °the, identifying in'ormation„ without your perrriss_on, to coremit fraud or other crimes. An idently thief may use your SSN to get 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 choosing a tax preparer. Cal the IRS at 1-800-829-1040 ,f you think your icertity has been used inappropriately for tax purposes. Victims of identity theft woo are experiencing economic harm or a system problem, or are seeking neip in resoving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by call rig the TAS to l-free case intake Eine at 1-877-777-4770 (xi TTYTTDO i-800-02g-4059- Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email anc websites designed to mimic legitimate business emails are websites. The most common act is sending an ema;. to a user 1alsely claiming to be an established ieg timate enterprise .n or attempt to scam the user into surrendering !private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via ernails. Also, the IRS does not request persona' detaiied information through emaii or ask taxpayers for the PIN numbers, password's, or similar secret access ieformation for their credit card, bank, or other financ;al accounts. If you receive an unsolicited erre I claiming to be from the IRS, forward this message to phishioggirs.gov. You may also report misuse of the IRS name, logo or other IRS personal property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious erneiis to the Federal Trade Commission at spwri@uce.gov or contact them at wwW.consumergovildthett or 1-877-IDTREFT(438-4338). Visit the IRS Website at WWW.irageW to ;earn more about identity theft and how to reduce your risk. ittist and once the rains 01 the purson wts:se o-ly one on a ,unri account ti55 ci SSP* 1,101 person s ft.iribrn iriust be ritarisned 'Cove tie ^YiOns lam ariC t.,,,nsh a —.7:el 551,, 3 Y1Siia tniatASVON, at's], ytt..0 T5), 5i313. yQUI *1.4M55 O .C5BA' ^ame snrniil lame 1ire. YO,.1 Mai/ Cour your 55si v yoL i,aye olb ...,111.e a-cow-ages you to use yoz Si3N. Lst frs1 aro cimleOne naro oi the :roll eslote, O Re-ison .i.D2 not ',lin V-, One ot the perserat leoresentatve OF Irjstee Jrleo the ieini gritty 11.5..*,5 int designated in ins occourt Iiita.t Also nee Ves Oil pap 1. Note. l' no Tame is circled when more than one name is iisted, the nurrber WI be corsieered to be tnat of tie first name listed. Privacy Act Notice Sect on 81C9 of the Internal Reveniuo Code reou:res you to provide your correct TIN to persons weep must file information returns witr the RS to reboit merest, UN:dent:is, and certain otner -come paid to you, mortgage interest you pad, the emus ticri or abandonment of secured oroperty, cancellation of debt. 0' CentrOutions you made to ar IPA, or Aroner MSA or HSA IRS uses the numbers for Ioeitlflcatn purposes aria to help verily tie accuracy of your tax return. Tha IRS may also provide th 5 !FstOrM2t107 ';(2 Department of Uustice for civil and oinminal litigation. and to cit as states, the District of Dolumb.a. and LIZ, PoSSia.'5-5iCria cc Carry (Lit their tax .aws. We may also otac cse Via rformation to other countries under a tax treaty. to federal and slate agencies to enforce fedora crolinai :awn or to ferinrof raw enforcement and ntelligence agencies to combat terrorism. You must orov:de yo'..r TIN wretner or rot you are reiou:red to fi e a tax return, 'oyeirs must generiviy withhold 28% of taxaole Merest. Cividend. and cella? chief portents to a payee WN., does -ot give a —IN to a payer. Certain perzites may asp apply, OMB APPROVAL NO. 1121-0140 EXPIRES 01/31/2006 STANDARD ASSURANCES Date The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including 0.MB Circulars A-21, A-87, A-02, A-110, A-122, A- 133; Ex, Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies 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 prohib:t 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 et alq.), 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); the Victims of Crime Act (42 U.S.C. §10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (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.§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1635-86): 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. If a 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 5.2.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. U.S. [DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFiCE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should 7e ver to the regulations cited below to determine the certification to which they are re.cHired to attest. Applicants should also -eview the ,rstructicris for certTheatior Included in the regulationS before ocinpieting this fOrrn Signature of Ir+8 form provides for compliance With certification. requirements Under 28 CFR Part 69, "New Restrictiors on I_ obby,rg . and 28 CFR Part 67, "Government-wide Debarment and Suspension (hlonpro-curernent) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall he treated as a material representation of fact upon which reliance will he paced wien the Department of Justice determines to award toe covered transaction„ grant„ or cooperative agreement,. 1. LOBBYING As required by Section 1352, Title 3'. of the U.S. Come, anc implemented at 28 CF R Part 69, for persons entering into a grant or cooperative agreement over $100,003, as defined at 28 CFR Part 69, the applicant certifies that (a) Federal appropriated funds have been paid or will be paid, by or on ochalf of the undersigned, to any person o in- ruencing or attempting to influence an officer or empIoyee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Cergress in con- nection with the making of any recieta: grant, the entering into of any Cooperative agreement, and the extension, continuation, renewal, amendment, or moditicaton of any Fecteral grant or cooperative agreement: f,b) If any funds other than ed:ij. apprcoriated funds have been paid or will ba oiaCL to any person for influencing or at- tempting to influence an officer or emoioyee of any agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connect:op with this Federal grant or coopm-ative agreement. the undersigneu shall complete and submit Standaro ForTri LL.L, 'Disclosure of Lobbying Activities," in aoccroance witn tsi instructions; (o) The undersigned shall rea.ire that the language of thi$ cer- tification be Inoluned in the award doornents for ail subawands at all tiers (including sucgrents, contracts urvaor grants and cooperative agreements, and sobocntractst and that all sub- reolplents shah certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Si.ispension, and imple.rner.ted at 25 CFR. Part 67, for prospec- tive participants in primary covered transactions. as defined at 28 CFR Part 67, Section 67.5)3— A. The applicant certir:es that it and its ploht;:pals: •.at Are not presentiy debarred, 5.-sperided. proposed for deosr- merit, decared Eoeiigibe , sentenced to d deniai of Federal benefits by a State. or Federal court, or volunteriiy excluded from covered transact ass uy arv Federa: dope-di-lent or agency; (b) Have not within a three-year period preceding this acplica- tier been convicted of or had a civil iougment rendered against therr for commission of fraud or a criminal offense lin cunneo- lian with oblaininq, attempt:TT to obtain, or performing a oxalic (Federal. State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust etalutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, mak,ing false statements, or receiving stolen property: (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ;Fedora, State Or Social) with commission of any of the offenses enumerated in paragraph (1)(b)of this certification; and (d) Have not with's' a three-year period preceding this applica- tion had one or more public fransact)or s (Fedocal. State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to .any of tire statements in this certification he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace At of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.515 and 57.62J— A. The applic.ant certifies that it will or wit continue to provide a drug-tree worltplace by (a) Publishing a statement notifying emplcyaes that the an awful manufacture, distribution, dispensing, possession, or use of a controlled substance IS Ord:IDIte0 intne grantee's workplace and specifying the actiors that will be taken against employees for violation of st.L.7.h prohibition; {la) Establishing an on-going drug-free awareness program to inform employees about— (1) The dangers of drug abuse irt the workplace (2) The grantee's policy of rna,ntaining a drug-free workpiace, cd4 Any available drug counseling, rehabiiiiation, and employee assistance programs; and (2 ) The penalties that may be Imposed twon employees for drug abuse violations occurring in the workplace; (c) Making It a requirement that each employee to Se engaged in the performance of the grant be given a copy cf If's state- ment required by paragrach (a): (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 4C5' /6 (3-91) RroLAC:ES CAP FOV9 406%1'2 406113 AND 4051/4 CF. ARE OeS V.ETE. CLorie 38-60046-76W :3 Grantee IRS/Veneer Number 2. Application Number airiror Project Name s l as-ho 6. Cate (1) Abide by the terms of the state 7erj; arid (2) Notify the erno.oyer in !writing cf t)sorIV corv!cten for a violatior of a uhrninat dnJg statute oocuring in the workplace no iater then five oaiertear cays aher sucn convictlen; (e) NotifyIng lie agency. 'In writing, within t 0 celerCer days after receiving ret,ce uncler: subparagraph (02) from an employee or otherwise receiving actuai no:!ce of such convic-tlot) Empioyers of convicted errh,oyees must provte notice, ,ncluding position title, to! Dcpartmert 3t Justice, Off!tte of Justice. Programs, Control Desk, 633 inoiana Avenue, N.W., Washu-gtort, D. 2C53'. , Notice shall iroluce th.e iden- hficution ilumper(s) of each affectec grant; (f) Taking one of the folowng ect1cris, wnin 30 cale.nciar days of receiving notice under suoparagrapn (d){2), wit1 respect to ary employee who is so convicted— (1) Tak:ng appropriate personnel action against sucti an employee, up to arc nicluding terminal:cm, conalstent with the requirements of the Rehabilitation Act of "973, as amended; or (2) Requiring such employee to partIcioate satisfactorily in a drug abuse assistance or rehabikatIon program approved for Such purposes by a Feeera , State, or local healtn, law entorne- merit, or other appropriate agency, (g) Making a good faith, effort to contiPue to maintain a drug- free workplace through implementation of paragraphs (a), b), (u), (d), (e), and (O. S. The grantee may inseet r the space provicoc be!ow ti:e Site(s) for the performance of work done In connectior with the specific grant: Pace of Performance (Street aecress, city, county, state, zip code) Check :2 if there are workplaces on tie that ye no; !noertified here. Section 67, 630 of the regulations crovices that a grantee that is a State may elect to make one certification in eaun Federa. fiscal year. A copy of which should ho inciuced with each ap- plication for Department of Justice runuing States and State agencies may elect to use OP Form 406117 Check if the State has e:ected to complete OJP Form 40617. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1088 and implemented at 26 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sectlons 67.616 and 67.62- A. AS a condition of the grant. I certify that I WI not engage In the unlawful manufacture, Cistribution, eispensir g, posses- sion, or use Of a controlled substance in c.criclucting any activity with the grant; anc B, If convicted of a criminal erug offense resulting from e violation occurring during the cLonOuct of ay grant activity. I will report the convictlor, in writing, within 13 calendar days of the conviction, to: Department of Justice. Office of Justice Programs, ATTN: Control Desk, 610 Seventh Street NW. Washington, DC 20531, As the ddiy authorized representative of Me applicant. I hereby certify that the applicant will comply with the above certifications. 1. C.iraritee Name arid Address: County of Oakland, 1200 N. Telegraph, Pontiac, MI 4834 Bill Bullard Jr, Chair., Bpard of Commissioners 4. Typeo Name and Title of AutharIed Representative f.,LLar itaeet.4 5. 5-gnature Gaymi,--kEd PrIrOg c00,4) 195t - 405-037:4)3 , 4 • EIVIM-03 (C3-2004) MICHIGAN STATE POLICE 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. 714 South Harrison Road. East Lansing, Michigan 48823 for each year they meet the nding threshold Program: meland Security Grant Pro ram CFDA Number: 97.067 Subgrantee Information Jurisdiction Name: Count of Oakland — Street Address: _ 1200 N. Teleo-ra.ph_Edft_._. City, State, Zip Code: Pontiac, Mi 4 8 3 4 4 Certification for Fiscal Year Ending (mmidd/yyyy): (Check appropriate box) 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 ora Circulars as revised, for the above listed program 7A I certify that the subgrantee shown above expects it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, during at least one fiscal year funas are received for the above listed program. Amizu,audit i-lort wid be submitted to: Budget and Financial Services Division, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823. , gt-fL e- g )1 fl% igsil 0 _ (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, tut completion necessary to be considered for assistance. State of Michigan 2007 Homeland Security Grant Program Grant Agreement January 1,2010 to May 30, 2010 CFDA Number: 97.067 Grant Number. 2007-GE-T7-0029 This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Subgrantor), and COUNTY OF OAKLAND (hereinafter cal ed the Subgrantee) I. Purpose The purpose of this Grant Agreement is to provide federal funds to the Subgrantee for preventing, deterring, responding to, and recovering from Incidents of National Significance, including threats and incidents of terrorism. The 2007 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 one, the State Homeland Security Program (SHSP) is covered by this grant agreement. The State Homeland Security Program (SHSP) is a core homeland security assistance program that provides funds to build capabilities at the State and local leveis through planning, equipment, training, and exercise activities and to implement the goals and objectives included in State Homeland Security Strategies and initiatives in the Program and CapabOity Enhancement Plan. SHSP funding also supports the four mission areas of homeland security— prevent, protect, respond, and recover—and addresses all of the National Priorities and the 37 Target Capabilities, as they relate to terrorism. The allowable scope of SHSP activities includes catastrophic events, provided that activities implemented also build capabilities that relate to terrorism. Many of the capabilities included within the TCL are dual-use in nature, in that they can apply to both terrorism preparedness as well as other hazards. Activities implemented under SHSP must support terrorism preparedness and build or enhance capabilities that reiate to terrorism in order to be considered eligible, even if the capabilities themselves do not focus exclusively on terrorism. For example, mass evacuation planning supports terrorism preparedness but also other types of catastrophic events. Planning for pandemic influenza and linking that effort to a larger bioterrorism Preparedness effort offers another example. Grantees must demonstrate the dual-use nature of any activities implemented Objectives The principal objective of this Grant Agreement is to provide financial assistance to the Subgrantee for allowable costs in the following program areas: • Planning • Organ2ation • Equipment • Training • Exercise • Personnel For guidance on allowable costs for these Program areas, please refer to the 2007 HSGP Guidance : located at http://www.fema.gov/pdfigovernment/grant/hsgpify07_hsgp_guidance,pdf. To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Homeland Security Preparedness Committee, has created a of priority projects that Subgrantees shall use their 2007 HSGP funds to support. These projects were derived from the Investment justifications developed by Michigan that are to be implementeo at the regional/local level. Additional information is provided in the Michigan FY 2007 HSGP Supplemental 2007 HSGP Grant Agreement County of Oakland Page 5 of 10 are aimed at orotecting our nation's water, air, coastal, wildlife, land, agricultural, historical and cultural resources, as well as minimizing potential adverse effects to children, low-income and minority populations. Failure to comply with these laws could result in project delays and denial of funding. FEMA through the Environmental and Historic Preservation Program engages in a review process to ensure that FEMA funded activities comply with these laws. VI. Responsibilities of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the FY07 HSGP in accordance with all applicable federal and state regulations and guidelines and provide quarterly reports documenting this administration. B. Provide direction and technical assistance to the Subgrantee. C. Provide any special report foTris 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 (DRS), conduct random on-site reviews with Subgrantee(s). F. Subgrantor and Subgrantee FY07 HSGP information constitutes records subject to the Michigan Freedom of information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA permits the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property. whether public or private, including, but not limited to, building, public works, and public water supply designs to t.ne extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,.. emergency response plans. risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement sensitive or otherwise critical to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each Su ograntee agency Freedom of Information Officer will need to determine wnat information is to be withheld on a case-by-case basis. VII. Payment and Reporting Procedures The Suograntee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it at a minimum at the end of each quarter (or more frequently, as needed) if there are eligible expenses to be reimbursed. See below quarterly report schedule for due dates Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. 2007 HSGP Grant Agreement County of Oakland Page 6 of 10 Drawdown of Funds in Advance: Subgrantees may request funds up to 120 days prior to expenditure. Ail of the following requirements must be met to obtain advanced funds: 1) The Subgrantee must complete a letter statieg 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 S100 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 celivery date of equipment, funds must be returned to the Subgrantor. Advances cannot be outstanding for more tnan 120 days; 4) Any interest earned over 5100 must promptly, but at least quarterly, pe remitted to: Michigan State Police, Emergency Management and Homeland Security Division, Financial Section, 4000 Collins Road, Lansing, Michigan 48910-5883. The Subgrantee must also notfy the Subgrantor in writing of any interest earned over S100 quarterly. THE QUARTERS ARE AS FOLLOWS: 1 51 Quarter: January 1, 2010 to May 30, 2010 (this quarter is five months long) DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS: 151 Quarter: June 31, 2010 In the event of an of an extension of the grant performance period, additional reporting quarters and quarterly reporting deadlines may be added to as specified by the grantor. Reporting Requirements The reporting requirements are designed to provide the EMHSID with sufficient information to monitor project implementation and ensure proper use of federal funds. Accounting systems must allocate costs to the project activities. Expenditures must be summarized, correspond with the project budget detail, scope of the project. or work plan attacned 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 accorcance 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 ceviations 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 Subgraetor to monitor grantee cash flow and encumbrances, grantee performance, project implementation, and compliance with 2 CFR, Part 215 (OlvlB Circular A-110); 2 CFR, Part 220 (OMB Circular A-21); 2 CFR, Part 225 (OMB Circular A-87); and 2 CFR, Part 230 (OMB Circular 122). This information will also be used to monitor compliance with OMB Circulars A-102 and A- 133, and with the U.S. Dept, of Homeland Security/Office of Grant Operations Financial Guide, to ensere proper use of federal funds. Quarterly Progress Reports are required whether or not expenditures are incurred. Suegrantees failure to fulfill the quarterly reporting requirements, as required by the grant, may result in the suspension of grant activities until reports are received. 2007 HSGP Grant Agreement County of Oakland Page 7 of 10 Reimbursement requests and work reports should be mailed to the Michigan State Police, Emergency Management and Homeland Security Division, 4000 Collins Road, Lansing MI 48910, unless the Subgrantee is otherwise notified by the Subgrantor. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. : SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS mmmim mighatillaillgraWIT DOCUMENTS ARE RECEIVED. VIII. Memorandum of Understanding Procedure The Subgrantee may enter into Memorandums of Understanding (MOU) with the Subgrantor for the Subgrantor to pay other local jurisdictions within Homeland Security Region 2 directly in accordance with current DHS guidance. An MOU must be initiated by the Subgrantee. The Subgrantee must submit an MOU every time it would like another jurisdiction to receive direct reimbursement from the Subgrantor. Each MOU must be signed by the authorized representative for the Subgrantee and Subgrantor and agreed to prior to a payment beng made to a jurisdiction other than the Subgrantee. IX. Employment Matters Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220. as amended, MCL 37.1101 et seq., and all other federa , state and local fair employment practices and equal opportunity laws and covenants that it shag not discriminate against any employee or applicant for employment, to De 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, rational origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is unrelated to the individual's abi:ity to perform the duties of a particular job or position. Suograntee agrees to include in every subcontract entered into for the performance of this Grant Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement. The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of Subgrantee on this Project appears in the register compiled by the Michigan Department of Labor and Economic Growth, Bureau of Commercial Services, Licensing aria Enforcement Divisions, pursuant to 1980 PA 278, as amended. MCL 423.321 at seq. (State Contractors with Certain Employers Prohibited Act), or on the Federal excluded party list system database located at www.epls.gov. X. Limitation of Liability Subgrantor and Suograntee to this Grant Agreement agree that each must seek its own lege; representative and bear its own costs. including judgments, in any litigation that may arise from performance of this contract. It is specifically understood ano agreed that neither party vv,Il indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. Xl. Third Parties This Grant Agreement is not intended to make any person or entity, not a party to this Grant Agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable ii their favor. 2007 HSGP Grant Agreement County of Oakland Page 8 of 10 XII. Grant Agreement Period This Grant Agreement is in full force and effect from January 1, 2010 through May 30, 2011. No costs eligible Linger 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 3131) days written notice to the other party stating reasons for termination and the effective date, or anon the faiure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use, and Subgrantee shall have no further obligation to make payments. XIII. Entire Grant Agreement This Grant Agreement is governed by the laws of the state of Michigan and supersedes all prior agreements, documents, and representations between Subgrantor and Subgrantee, whether expressed, implied, or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Section XII above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget, or services are subject to prior written approval of Subgrantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. The State may suspend or terminate sub-graet funding, in whole or in part, or other measures may be imposed for any of the following reasons: • Failure to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failure to comply with the requirements or statutory objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the sub-grant application. • Failure to follow grant agreement requirements or special conditions. • Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding. • Faiiure to submit requiree reports. • Filing of a false certification in the application or other report or document, • Failure to adequately manage, monitor or direct the grant funding activities of their sub-recipients. Before taking action. the Subgrantor will provide the SuJgrantee 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 Subgraritcr or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is corvicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in tne sole discretion of the Subgrantor. reflects on the Subgrantee's business integrity. 2007 HSGP Grant Agreement County of Oakland Page 9 of 10 XV. Freedom of Information Act (FOIA) DHS recognizes that much of the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important to national security interests. This may include threat, risk, and needs assessment information, and discussions of demographics, transportation, public works, and industrial and public health infrastructures. While this information, under Federal control, is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5. U.S.C. §552. all determinations concerning the release of information of this nature are made on a case-by-case basis by the DHS FOIA Office, and may iikely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The applicant may also consult the DHS Office of Grants and Training regarding concerns or questions about the release of information under State and local laws. The grantee should be familiar with the regulations governing Protected Critical Infrastructure Information (6 CFR, Part 29) and Sensitive Security Information (49 CFR, Part 1520), as these designations may provide additional protection to certain classes of homeland security information. 611 1 &Mord Printed Name ,1 ir,?...•ci tr earfliffit5Sijne Title Date Capt. W. Thomas Sands Printed Name Deputy State Director of Emergency Management and Homeland Security Title 2007 HSGP Grant Agreement County of Oakland Page 10 of 10 XVI. Official Certification For the Sub grantee. The individual or officer signing this Grant Agreement certifies by his or her signature that he or she is authorized to sign this Grant Agreement on behalf of the jurisdiction he or she represents. County of Oakland Name of Jurisdiction iLk L&Q6 4)(/ Signature For the Subgrantor (Michigan State Police — Emergency Management and Homeland Security Division) tK SignStur-e • Date Resolution #10052 March 25,2010 Moved by Schwartz supported by Potter the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted.) AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greirnel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash. Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted.) HEREBY APPROVE 1I4EFOREGO!NG RESOLUT:ON ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I. Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 25. 2010, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 25th day of March, 2010. eat Ruth Johnson, County Clerk