HomeMy WebLinkAboutResolutions - 2010.03.25 - 10184MISCELLANEOUS RESOLUTION #10054 March 25, 2010
By: General Government Committee, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION - ACCEPTANCE FOR 2009
INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM
TO.. OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS funding was released from the United States Department of Homeland Security, Federal
Emergency Management Agency (FEMA) and the DHS Office of Emergency Communications (OEC) to the State
of Michigan for the 2009 Interoperable Emergency Communications Grant Program (IECGP); 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 Regional Homeland Security Planning Board for Region 2 ("Region 2 Planning Board") is
comprised of the representatives from the above-listed political subdivisions, is not a legal entity that can be a
subgrantee for the Interoperable Emergency Communications Grant Program 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 the State has awarded a 2009 IECGP grant to Region 2 in the amount of $353.770 to be
used to fund projects tnat strengthen interoperable communications capabilities in the areas of Leadership and
Governance, Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities;
and
WHEREAS the funding may be used to purchase equipment if all activities in the areas of Leadership and
Governance. Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities as
defined in the grant guidance have been adequately addressed; and
WHEREAS the grant requires a 26% cash or in-kind match for purchases of equipment only; and
WHEREAS the grant agreement has been reviewed and approved through the County Executive contract
review process; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
position of Fiduciary and Subgrantee for the 2009 Interoperable Emergency Communications Grant and accepts
the grant funds in an amount up to $353,770 with a 25% match required on equipment purchases only.
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 an 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 all positions and other program costs associated with this grant are
contingent upon continuation of grant funding.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution
GENERAL GOVERNMENT COMMITTEE
Lcy),0
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF — Homeland Security
GRANT NAME: 2009 Interoperable Emergency Communications Grant Program (IECGP)
FUNDING AGENCY: State of Michigan-Department of State Police/Federal Emergency Management Agency
DEPARTMENT CONTACT PERSON: Brandon Lewis 8-1598
STATUS: Grant Acceptance
DATE: March 5, 2010
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant
review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners'
Liaison Committee Resolution, the grant agreement/contact, Finance Committee Fiscal Note, and this Sign Off
email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners'
committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget
Approved. - Laurie Van Pelt (3/1/2010)
Department of Human Resources:
Approved. - Cathy Shall& (3/5/2010)
Risk Management and Safety:
Approved by Risk Management. - Julie Seeontine (3/2/2010)
Corporation Counsel:
After reviewing the above-reference Grant Agreement, I found no legal issues that must be resolved before the Grant
Agreement is executed
However, there is one issue I would like to bring to your attention. With this Grant Agreement (2009), the State
Police added a new termination provision in "Section X11. Entire Grant Agreement." One of the reasons for
termination of the Grant Agreement is "failure to adequately manage, monitor or direct the grant funding activities of
their subrevipients." T believe we "adequately manage, monitor or direct," but I thought you need to be aware—in
ease there is ever a time where the County does not "adequately manage, monitor, or direct."
- Jody S. Hall (3/4/2010)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State and Local
Governments (44 CFR Part 13)
w w w. ace ess. v/nar a/dew ai s idx 06/44 cfri3 06.html
Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFR Part 225)
tlp:llwww.access,eno.gov/nnra1cf/waisidx 0812e fr225 08.html
Federal Office of Management and Budget (OMB) Circular No. A-133
hrtp7//u,rww .w hi who use. go v/o rculars/a133/a133.html
Single Audit Act of 1984 (with amendments in 1996)
http://wv.rw.whitehouse.gov/cmb/fmancial/fin single audit.html
e.---rml-Act-278-of-1980 ram
Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness
h /nuns/. s executiveorder 13347df
Michigan Freedom of Information Act 442 of 1976 (MU 15.231)
h www.le ov/ S ubrn5f1vb5uba 1 .as x?page gtObjecE&jectNarnc rnc1-l5-231
Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d)
http;l1www usdoj.govicrt/cor/ec o_rd/titivistat.htin
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
htto://www.icgislature,rni.gpv/ u 3 FeLtril .525522UiV1/145 et0b.eCt8LOVect1Valec=111C1-ACt-453-0f-
1976&queryid=14718540
Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976"
intti://www,legislaturemi.govitacplx ziaajaiily b'ect&cob' tnamencl-Act-220-0f-
1976etquervid_=14718589
Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980
httphy ww.legislat go v/(S(ealraplunetgbv1310s21355))/mileg.aspx?bage—Jle
The Freedom of Information Act (5 U.S.C. § 552)
http://www.usdoj.govioip/foia u dates page2.htin
Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29)
http://ecfr.e-pqaccess.vovicgitt/text/text-id le06/6cfr29 ntaip.2)2
Department of Homeland Security — Protection of Sensitive Security Information (49 CFR Part 1520)
ht ://wwvi.a akc_fr 0-4i49cfr1520 04.htud
Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133
http://www.whitehouse.ov/mblcircularsiindex.htral
Executive Order 12372 - Intergovernmental review of Federal programs
7w ,..vv.irwl2372,ff
US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR
Part 70)
htto://www.access.gpo.govinamicfewaisidx 04/28cfrv2 04.birril
Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18)
km:// wan.v. access. touov/uaraic friwaisidx 01/280'18 01.11.1
Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22)
http://ww-w.access.gpo , go virlaraic trAvaisidx 04/23cfr22 04.1101)1
Criminal Intelligence Systems Operating Policies (28 CFR, Part 23)
http.ZoomacerizaaugagaL_aut 'efr/waisidx 04/28efr23 04.htrul
Intergovernmental Review of fiepartment of Justice Programs and Activities (28 CFR Part 30)
htto://www.acceks.rfoo.vov/naralefewaisidx 01/28cfr30 01.html
Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 351
htto://www.aeuess.iznp,govirtara'cfrewaisidx 01/28cfr35 01.httril
Equal Treatment for Faith Based Organizations (28 CJ Part 38)
htto://www.osdoi.zoviovwidoesiaspnemorenopIementationof28cfroart38.1x1
Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42)
http:/./...w zoLgov/nara/cfr/waisidx 01/28cfr42 01.httr4
Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61)
1_20;yalay.arsgask,glgtigszylmistai idri 01 /286.61 011
Floodplain Management and Wetland Protection Procedure-s (28 CFR Part 63)
http:i/www.access.gpp,govinaraicfriwaisidx_ 0 1128cfr63 01 Itml
National Historic Preservation Act of 1966 (16 U.S.C. 470)
http:UWWw.ups.govlistorvi1oca1-1awinhpa1965,htm
Executive Order 1.1593 - Protection and enhancement of the cultural environment
httia://www. stL ov/Putal/ safe GSA BASICStcontentlici=1N9e= 4
Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469)
http://www.nps.Rovlbistorvilocal-law 1FHPL_ArchflistPres.pdf
The National Environmental Policy Act of 1969 (42 U.S.C. 4321)
htto;Ew ww.nt.,pa, go vinepairegsinepainepaeqta.htm
Omnibus Crime Control and Safe Streets Act of 1968
http://www.usdolzovicrtisplit/42use3789d.htin
Victims of Crime At (42 USC Section 10604)
htip:i/www.usdoi-zoviert/coribyagency/doil0604.hun
Juvenile Justice and Delinquency Prevention Act
http:ilojjdp.ncjTS.orglabonvlidpa2002titlev, f
Federal Civil Rights Act of 1964
://wwwus4cjov/crlfcor/indcx.htm
Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
bnp://www.dolgovioas,am/regsistatutes/sec50,1.lum
The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101)
Itttp;Pwww.ada _gov/pubs/ada.hun
The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86)
htted/www .usdoi.govierticoricoo rd./0 t1eixstat.htm
Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107
http://www.dol.govioasanilregslstatutes/agc _act,hint
Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations
http://www.whitehause.govinewsireleases;2002/12/2002.1212-6.1itmt
U.S., Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
brip://www.linva.dot.govirealestateiactium
Federal Hatch Act - Political Activity of Certain State and Local Employees
http:/Jwww.osc.gov/hatchacthtm
Restrictions on Lobbying (28 CFR part 69)
btt jaraicfr/wuisidx_04/28efr69 0,11trn1
Executive Order 12549- Debarment and Suspension
bittp://www.archivcs.govifederal-register/coditication/executive-order/12549.html
Government-Wide Debarment and Suspension (28 CFR, Fart 67)
lutp;fiwww.access.gpo..gpvinaraicfriwaisidz 04/28d-3-67 04.html
Drug-Free Workplace Act of 1988
htlp://frwebg_ate.access.gno.govIcgi-binikeiclocx "__Ryij;112pauil=.-browse use&dooid-Cite: }-41USC701
Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended - http://www.michigan.govidocumentshospeuict-
Let 390 of 1976 7125 7.pdf
State of Michigan
2009 Interoperable Emergency Communications Grant Program
Grant Agreement
June 1, 2009 to February 28, 2011
C71
CEDA Number: 97-001
Grant Number: 2009-P-TP-0002
This Interoperable Emergency Communications Grant Program (IECGP) Grant Agreement is her entered into
between the Michigan Department of State Police, Emergency Management and Homeland Securit Division
(hereinafter called the Subgrantor), and the
COUNTY OF OAKLAND
(hereinafter called the Subgrantee)
1. Purpose
The purpose of this Grant Agreement is to provide federal pass-through funds to Michigan Homeland Security
Region 2 through the Subgrantee (which has been voted and approved to act as the fiduciary agent for the region
by the Regional Homeland Security Planning Board) for the purposes of improving local, tribal, regional, statewide,
and national interoperable communications. This includes communications in collective response to natural
disasters, acts of terrorism, and other man-made disasters.
II. Objectives
The principal objective of this Grant Agreement is to provide financial assistance to tie Region 2 Homeland
Security Planning Board for allowable costs supporting the two Federal Integrated Emergency Communications
Grant Program funding priorit es;
• Priority Group #1: Leadership & Governance;
• Priority Group #2: Common Planning and Operational Protocols, and Emergency Responder Skills and
Capabilities,
The grant agreement funds will address objectives in either Priority Group #1 or Priority Group #2, based on the
most critical needs consistent with Statewide Communication lnteroperability Plan goals.
Starting for the FY09 1ECGP grart year, if and only if the subgrantee has achieved or will achieve all Priority Group
1 and 2 objectives, IECGP funds may be used to purchase interoperable communications equipment with any
remaining funds. Subgrantees must receive approval from the Subgrantor verifying that the objectives have been
met before pursuing any equipment requests
For priority groups and specific priorities, please refer to the 2009 1ECGP Guidance, located at
http://www.fema.gov/pcif/goverr mentigrant/iecgpify09_lecgp_guidance.pdf.
III. Statutory Authority
Funding for the 2009 1ECGP 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 program requirements
in accordance with the JECGP GGidance. The Subgrantee also agrees to comply with the foliowing regulations:
A. Administrative Requirements
1. 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, located at http://eCFR.gpoaccess.govicgi/t/textitext-
idx?c=ecfr&tpl=tecfrbrowserlitle44/44cfrl3inain_02.tpl
LAJ
2009 Irteroperable Emergency Communications Grant Agreement
County of Oakland
Page 2 of 9
2. 2 CFR, Part 215, Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations
(OMB Circular A-110), located at http:ilecfr.gpoaccess.govicgiititextitext-
idx?c=ecfr&sid,--5f90b818356757091bb65ea93f163c6a&tpl=tecfrbrowserf it,e02/2cfr215_m a in_02 .tpl
B. Cost principals
1. 2 CFR, Part 225, Cost Principals for State. Local, and Indian Tribal Governments (OMB Circular A-
87) located at http:Ilecfr.gboaccess.govicgillttextitext-
idx?c=ecfr&tpl--/ecfrbrowse/Title02/2cfr225_main_02.tpl
2. 2 CFR, Part 220, Cost Principals for Educational Institutions (OMB Circular A-21) located at
http://ecfr.gooaccess.govicgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=2:1.1.2.3.48,iano=2
3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB Circular A-122) located at
http://ectegpoaccess.govicgi/t/textitext-idx2e=ecfr&tpl=/ecfrbrowseiTitle02/2cfr230main_02.tpl
4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts
with Commercial Organizations, located at https://www.acquisition.gov/far/html/FARTOCP31.html
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at
http://www.whitehouse.govicimbicirculars/a1331a133.html
IV. Interoperable Emergency Communications Grant Program Award Amount and Restrictions
The County of Oakland, as the Fiduciary Agent for Region 2, is awarded $353,770.00 under the FY 2009 IECGP.
In FY09, IECGP requires a 25% cost share, cash or in-kind for equipment purchases only. This cost share is based
on the total project cost. Refer to the grant guidance document for additional information.
In FY09, no more than 50% of total program funds may be used for personnel activities, Refer to the grant
guidance document for additional information.
This Grant Agreement orvy designates IECGP funds for reimbursement of authorizeo costs that are incurred during
the FY 2009 IECGP Grant Agreement period Grant Agreement funds shall not be used for other purposes.
For any interior or exterior installations of equipment; an Environmental and Historic Preservation (EHP) Review
must be completed 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 eligible for FEMA funding.
Final determination on how funds awarded by this grant agreement will be spent will be determined
through a review process by the Subgrantor of projects submitted by the Region 2 Homeland Security
Planning Board, not by the Subgrantee (Fiduciary agent).
V. Responsibilities of the Subgrantee
FY 2009 IECGP funds must supplement, not supplant, state or local funds. Federal funds will De used to
supplement existing funds, and will not replace (supplant) funds tnat have been appropriated for the same purpose.
Potential supplanting will be carefully revewed in the application review, in subsequent monitoring, and in the audit.
The Subgrantee may be required to supply documentation certifying that it did rot reduce non-federa: funds
Pecause of receiving federai funds. Federal funds cannot be used to replace a reduction in non-federal funds or
solve budget shortfalls in general lune programs,
The Subgrantee agrees to act as the designated Fiduciary Agent for the Region 2 Homeland Security Planning
Board. As the designated Fiduciary Agent of Region 2, the subgrantee agrees to follow all responsibilities set forth
in this grant agreement. Section V includes a list of these responsibilities with further detail provided in following
sections. If the Subgrantee becomes unable to fulfill the responsibilities of Section V, refer to Section Xi for
2009 Interoperable Emergency Communications Grant Agreement
County of Oakland
Page 3 of 9
instructions on how to terminate this agreement. The Subgrantee agrees to comply with a!! applicable federal and
state regulations, including the following:
A. In addition to this 2009 Interoperable Emergency Communications Grant Agreement, Subgrantees shall
complete, sign, and subm:t 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. 3.State of Michigan Audit Certification Form (EMD-053)
4. Request for Taxpayer Identification Number and Certification (W-9)
5. Other documents that may be required by federal or state officials
B. The 2009 Irteroperable Emergency Communications Grant covers eligible costs from June 1, 2009 until
February 28, 2011. For a detailed list of what costs are eligible under this grant, please refer to the Fiscal
Year 2009 Interoperable Emergency Communications Grant Program Guidance, located at
http://wvvw.ferna.gov/pdfigovernment/grantiiecgpify09_iecgp_guidance.pdf . Allowable costs are
specifically addressed in Part IV-E of the Guidance.
C. Make all purchases in accordance with grant guidance and local purchasing policies.
D. Submit an Allowable Cost Justification (ACJ) form for all costs that are part of approved projects prior to
tne encumbering of tne cost. If an ACJ in not submitted, the Subgrantee will be held responsible for ali
costs determined to be ine;igible by the Subgrantor or the Department of Homeland Security (DHS).
E. The Subgrantee must annually 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 48910-5883.
F. Create and maintain an inventory of all FY09 IECGP 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.
Applicants are advised that, when practicable, any equipment purchased witn grant funding snail be
prominently marked as follows. "Purchased with funds provided by the U.S. Department of Homeland
Security." NOTE: A copy of this list must be supplied annually, by September 30'1", to the Michigan State
Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road,
Lansing, Michigan 48910-5883.
G. Submit the Reimbursement Cover Sheet (EMD-054) and all required attached documentation to tne
Subgrantor at a minimum at the end of eacn quarter (or more frequently, as needed). The Subgrantee
must submit the quarterly reimbursement request even if it has no expenditures for that quarter. The due
elates for quarterly reimbursement requests are listed in Section VII of this agreement. Seimeursement
Cover Sheets must be filled out completely or they will be returned to the Subgrantee . for proper
completion. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found
on the Emergency Management and Homeland Security Division (EMHSD) website at
http://www.michigan.govfmsp/0,1607,7-123-1593_3507_41574-214684--,00.html.
H. Submit quarterly progress reports to the Subgrantor on the status of all approved projects. The due
dates for quarterly work reports are listed in Section VII of this agreement. The Subgrantor will provide
the Subgrantee with a form to complete this report within 60 days of issuing the grant agreement.
I. Sunmit 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 January 20, 2010, July 20, 2010, January 20, 2011, and July 20, 2011.
2009 lnteroperable Emergency Communications Grant Agreement
County of Oakland
Page 4 of 9
The reporting periods are from July 1 tnrough December 31 and January 1 through June 30. The final
BSIR is due within 90 days of the end date of the 2009 Interoperable Emergency Communications Grant
award period.
J. Comply with FY09 National Incident Management System (NI[VS) implementation requirements and
move towards completion by September 30, 2012. FY09 NIMS requirements must be fully complied with
by September 30, 2012. NIMS information ;s available at http://www.fema.goviemergency/rims.
K. Comply with applicable financial and administrative requirements set forth in the current edition of 44
CFR, Part 13 including the following provisions:
1. Account for receipts and expenditures. maintain adequate financial records, and refund expenditures
disallowed by federal or state audit.
2. Retain all financial records, supporting documents, statistical records, and ail other records pertinent
to the FY09 IECGP for at least three years after the financial close-out date of this grant program, for
purposes of federal and/or state examination and audit.
3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984,
as amended, and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations," as further described in 44 CFR, Part 13. Random audits shall be performed to
ensure compliance with applicable provisions.
4. Subgrantor and Subgrantee FY09 IFCGP information constitutes records subject to the Michigan
Freedom of Information Act (FOIA), MCL 15.231 et seq. See Section XIV for more information.
L. Integrate individuals with disabilities into emergency planning, per Executive Order 13347.
M. Environmental and Historic Preservation Compliance
FEMA is required to consider the potential impacts to the human and natural environment of projects
proposed for FEMA funding. FEMA, through its Environmental and Historic Preservation (EHP) Program,
engages in a review process to ensure that FEMA-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. Recipient shall not undertake any project having the potential
to impact EHP resources without the prior approval of FEMA.
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 FEMA funding.
Note: The Subgrantee will only be held responsible for expenditures disallowed by federal or state
audit that are determined to be caused by the negligence of the Subgrantee or by the Subgrantee not
complying with grant rules or requirements.
VI. Responsibilities of Subgrantor
The Subgrantor, in accordance with tne general purposes and objectives of this Grant Agreement, will:
A. Administer the FFY09 IECGP in accordance w .th all applicable federal and state regulations and
guidelines and provide quarterly reports aocumenting this administration,
B. Provide direction and technical assistance to the Subgrantee.
C. Provide any special report foe-ns 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.
2009 lnteroperable Emergency Communications Grant Agreement
County of Oakland
Page 5 of 9
E. Independently, or in conjunction with the Department of Homeland Security (DHS), conduct random on-
site reviews with Subgrantee(s).
F. Subgrantor and Subgrantee FY09 IECGP information constitutes records subject to the Michigan
Freedom of Information Act (FOIA), MCL 15.231 et seq. See Section XIV for more details
VII. Payment and Reporting Procedures
The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached
documentation, including all required authorized signatures, and submit it at a minimum at the end of each quarter
(or more frequently, as needed) if there are eligible expenses to be reimbursed. See below quarterly report
schedule for due dates. Please note: One Reimbursement Cover Sheet and related forms must be
completed for each grant project, solution area, allocation type, and individual exercise. Please refer to the
Reimbursement Guidance included with each of the reimbursement forms.
Drawdown of Funds in Advance: Subgrantees may request funds up to 120 days prior to expenditure. All of the
following requirements must be met to obtain advanced funds: 1) The Subgrantee must complete a letter stating
the reason they are requesting an advance; 2) The Subgrantee must submit a copy of an approved purchase order
showing the delivery date for the items ordered to be within 120 days of the purchase order date; 3) If these funds
are placed in an interest-bearing account, then the Subgrantee may keep interest up to $100 per year for
administrative expenses for all Federal Grants combined. If the Subgrantee is notified by the vendor of delays in
the delivery date of equipment, funds must be returned to the Subgrantor. Advances cannot be outstanding for
more than 120 days; 4) Any interest earned over $100 must promptly, but at least quarterly, be remitted to:
Michigan State Police. Emergency Management and Homeland Security Division, Financial Section, 4000 Collins
Road, Lansing, Michigan 48910-5883. The Subgrantee must also notify the Subgrantor in writing of any interest
earned over $100 quarterly.
THE QUARTERS ARE AS FOLLOWS:
1 st Quarter: June 1,2009 to September 30, 2009 (this quarter is 4 months long)
2nd Quarter: October 1, 2009 to December 31, 2009
3rd Quarter: January 1, 2010 to March 31, 2010
4th Quarter: April 1, 2010 to June 30, 2010
5th Quarter: July 1, 2010 to September 30, 2010
6th Quarter: October 1,2010 to December 31, 2010
7th Quarter: January 1, 2011 to February 28, 2011 (this quarter Is 2 months long)
DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE
AS FOLLOWS:
1 st Quarter: October 31, 2009— No submittal necessary
2 ' Quarter: January 31, 2010 — No submittal necessary
3rd Quarter: April 30, 2010
4th Quarter: July 31, 2010
51h Quarter: October 31, 2010
6th Quarter: January 31, 2011
7th Quarter: March 31, 2011
2009 interoperable Emergency Communications Grant Agreement
County of Oakland
Page 6 of 9
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 i the
suspension of grant activities until reports are received,
Reimbursement requests and work reports should be mailed to the Michigan State Police, Emergency
Management and Homeland Security Division, 4000 Collins Road, Lansing MI 48910-5883, unless the
Subgrantee is otherwise notified by the Subgrantor. Please refer to the Reimbursement Requirements in
order to meet the documentation requirements.
SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS
AND REIMBURSEMENT DOCUMENTS ARE RECEIVED.
VIII. Employment Matters
Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Eliiott-Larsen Civil Rights
Act, 1970 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220,
as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to
be employed in the perforrirar ice of this Grant Agreement, with respect to his or her hire, tenure, terms, conditions,
or privileges of employment; or any matter directly or indirectly related to employment because of his or her race,
religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is
unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantee agrees to
include in every subcontract entered into for the performance of this Grant Agreement this covenant not to
discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement.
The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of Subgrantee on :his Project
appears in the register compiled by the Michigan Department of Energy, Labor and Economic Growth, Bureau of
Commercial Services, Licensing and Enforcement Divisions, pursuant to 1980 PA 278, as amended, MCL 423.321
et seq. (State Contractors with Certain Employers Prohibited Act), or on the Federal excluded party list system
database located at www.eps.gov .
IX. Limitation of Liability
Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and
bear its own costs, including judgments, in any litigation that may arise from performance of this contract It is
specifically understood and agreed that neither party will indemnify the other party in such litigation.
This is not to be construed as a waiver of governmental immunity.
X. Third Parties
This Grant Agreement is not intended to make any person or entity, not a party to this Grant Agreement, a third
party benefic:ary hereof or to confer on a third party any rights or obligations enforceable in their favor.
Xl. Grant Agreement Period
This Grant Agreement Is in full force and effect from June 1, 2009 through February 28, 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
2009 Interoperable Emergency Communieations Grant Agreement
County of Oakland
Page 7 of 9
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 uoon 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 the Subgrantor shall have no further obligation to
reimburse the Subgrantee.
XII. 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 XI above. No party to this
Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder
without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any
proposed changes of dates, budget, or services indicated in this Grant Agreement, as well as changes of address
or personnel affecting this Grant Agreement. Changes in dates, budget, or servtes are subject to prior written
approval of Su bgrantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the
remainder of the Grant Agreement shall remain valid.
The Subgrantor may suspend or terminate subgrantee 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 tne goals or objectives set forth in the 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 subrecipients.
Before taking action, the Suograntor will provide the Subgrantee reasonable notice of intent to impose corrective
measures and will make every effort to resolve the problem informally.
XIII. 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 suiscontract; or
convicted of a criminal offense, including but not limited to any of the falowing: embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property. attempting to influence a public employee
to breach the ethical conauct standards for State of Michigan employees; convicted under State or Federal antitrust
statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on. the
Subgrantee's business integrity.
XIV. 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 sensAive 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
2009 Interoperable Emergency Communications Grant Agreement
County of Oakland
Page 8 of 9
While this information, under Federa control, ,s subject to requests made pursuant to the Freedom of Information
Act (F01A), 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 OHS FOIA Office, and may likeiy fall within one or more of the available exemptions
under the Act. The Subgrantee 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 Subgrantee may also consult the FEMA Grants Program
Directorate regarding concerns or questions about the release of information under State and local laws. 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 tu uer tain E.;!asses of homeland security information.
Much of the information submitted ii the course of applying for funding under this program, or provided in the
course of grant management activities, may be considered law enforcement-sensitive or otherwise critical to
national security interests. This may include threat, risk, and needs assessment information; and discussions of
demographics, transportation. public works, and industrial and public health infrastructures. Therefore. each
Subgrantee agency Freedom of Information Officer will need to determine what informatlon is to be withheld on a
case-by-case basis,
• le Co#inivi
Printed Name Title
Cant. W. Thomas Sands
Printed Name
peoutv State Director of Emergency
Management and Homeland Security
Title
Date
•
2009 Interoperable Emergency Communications Grant Agreement
County of Oakland
Page 9 of 9
XV. Official Certification
For the Subgrantee. The individual or officer signing this Grant Agreement certifies by his or her signature that he
or she is authorized to sign this Grant Agreement on behalf of the jurisdiction he or she represents.
County of Oakland
Name of Jurisdiction
14f2,Q.' StL0._ 1c /v
Signature Date
For the Subgrantor (Michigan State Police — Emergency Management and Homeland Security Division)
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
2009 IECGP. 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.
A_,
Printed Name Title
g kc
. fe Bate
Regional Board Chair
(t o
U.S. DEFAR7MENT OF JUSTICE
OFF CE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Appiicants should refer to the regulations cited be:ow to determire the cerViCation to which they are iemeree to
attest. Applicants should a:so review the instructions for certification-included in the regulatiors before ccmoretirg ths
form_ Signature or this 'arm provides for compl,ance with certification requirements under 28 CFR Part 69, "Now
Restrictions on Lobby:rig" and 28 CFR Part 67, 'Government-wide Debarment and Suspension (Nonpro-eurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall he treated as a materiai
represertator of fact upon wh.ch reliance will be placed when the Department of Justice determines to award the
covered transaction. grant, or cooperative agreemert.
1. LOBBYING
As required tly Section 1352, T:t e 31 of the te_S_ Code, and
implemented at 25 CFR Part 69. fo• persons entering into a
grant or cooperative agreerneet over V00,300, as defined at
28 CFR Part 6e, the aeorcait certifies that:
(a) No Federal appropriated funds nave been pa.c or will be
paid, by or on behalf of the undersigned, to any person for n-
fluerieing or attempting to ,nfluence an officer or employee of any
agency. a Member of Congress. an officer or employee of
Congress, or an employee of a Member of Congress in eon-
nection with tee raking of any Federal grant, the entering into
of any cooperative agreement. and tie extension, continuation,
renewal, amendment, or modificatien of any Feeeral grant or
cooperative agreement:
(b) If any fonds °titer tnan Federa aPpropriated ‘unds have
been paid 07 wil; be pa d lo any person for ineueneing or at-
tempting to irflueice an officer or employee of any agency, a
Member of Congress. ar, officer or erne:arse of Congress, or
an employee of a Member of Congress in cornection with this
Federal grant or cooperative agreement, the undersigned shall
complete and subm t Staneard Form - LLL, 'Disclosure of
Lobbying Activities,' in aceordaece with its instruct.oee;
(o) The undersigred shall require that the language of te s cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that a" sub-
recients shall eertify and oisclose accord -ngly.
2, DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Execute Order 12549. Debarment arid
Suspension, and implemented at 28 CFR Part 67, for prospec-
eve participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.51C--
A The applicant certifies trial it and its principa.s;
(a) Are riot preseney eebarred suspeneeo, proposed for debar-
ment. declared incligibie, ecritericed to a denial of Feceral
benefits by a State or Pederal court, or volunteray exeiuded
from covered transactions by any FeiderEe department
or agency;
(b) Have not within a three-year period precedirg tees applica-
tion been convicted of or 1-ad a ceel Juegment rendered against
their for commission of fraud or a crimieal offeese in cennec-
tion with obtaining, attempllng to obtain, or performimg a
public (Federal, State, or local) transactioe oir contract under a
public transaction; v.oiation of Federal or Stale antitrust statutes
or commission of embezzlement, theft, fargery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State. or
local) with commission of any o f the offenses enumerated in
paragraph (1)(b) of this celificatiers and
(d) Have not within-a three-year Derieeepreeedirea this eppliee-
tion had one or more public transactions (Federal, Slate, or
local) terminated for cause or eefault; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach or
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Pal 67 Sections 67,615 and 67 620—
A. The applicant cortices that it will or will continue to provide
a drug-free wOreplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is proeileted in trio grantee's
workplace and specifying the actions that wit be taken against
employees for vio_ation of such pronibleCire
(b) Establishing an on-going drug-free awareness program to
inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's peeve of ma/Mailer g 3 drug-free workplace;
(3) Any available drug courserng, rehabilitation, and empioyee
assistance programs; and
(4) The penaities that tray be imposed upon employees for
drug abuse violations occurrirg in the workplace;
(c) Making 11 a requirement that eacn employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(0) Notifying the employee ir tee statement required by para-
graph (a) that, as a condition of employment under the grant,
the employee will-
OJP FORM 4961/8 (3-91) REPLACES OJP FORVB 4551/2. 4as•/3 moo 405114 W-ACM AnE OEsoLETF
2. Application Number and/or Prqect Name 3 Grantee IRS/Vendor Number
(1) Abide by tile terms cf the statement, and
(2) Notify the er-eloyer wring of hiso. he conveeicie fo7 a
elevation cif a er —ina. Creg statute occur:erg in the workplace
eio later teen five caieferear days after such eonviction,
e) Notifying tee agency. fn wriiing, within le ckeenear days
after rece;v:ng rctice teller subparagraph (d)(.2; from an
employee or otherwise receiving actual notice of such convieeicn
Emplicyers of GOrvicted eree.oyees meet proviee notice, includirg
poeitior title to Departmert of justice. Office of
eustiee Programa. ATTN: Control Dee*, 633 Indere Averue.
NW., Washelgten, D:C. 2051i. Notice shali ireeude the icter•
tification numbers) of each affected grant;
(') Take-ig one of tee foi!ow'ng acteens, witen 30 calelear
days of receeing notice Lreeer sueparegraph (cM2). with
respect to ary employee whc is eo eonvictee-
r,l) Teeing appropriate oersornel action against such
empioyee, bp to and inciuding termination, consistent with the
requirements ni tee Retiabiiitetioe Act et 1973, as ameneece Or
(2; Regeiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
suer) purposes by a Fecera , State, or Icedl health, law enforce-
ment, or ether appropriate agency;
(0) Making a gooe faith effort to continue to maintain a drug-
free workplace though impiernentatioe of paragraphs (ae (b)
(c), fife (e). and (t).
B. The grantee may insert in the space pnovidee below the
site(s) for the performance of wore done ie connection wen
the speclec grant.
Place of Performance (Street address, city, county, state, zip
code)
Check C if there are workplaces on tie that are not ineentlecd
I ere.
Section 67, 630 of the regu ethers erovides that a grantee that
45 a State may elect to make one zettlfieetioe ir caeh 1=rietrel
fiscal year. A copy of which shoulc be nelueed with each EIP-
DFgetiG1 for Department of Justice fundir g Stales and State
agencies may e act to ese. DeP Forn 406117,
Checi C if the State has elected to complete OjP For-n
4061/7.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As recuirec by tne Drug-Free Wereplaee Act of 19B8. and
implemented at 28 CFR Part 67, Subpart F, 'or grantees. as
defined at 28 CFR Part 67: Sections 67,i5 and 87,620-
A As a condition of the grant I cerhfy that I will not engage
in the unlawful manulachire, distribotion, speriserig, posses-
sion, or use of a controlled substance in condeuting any
activity with the grant; arta
B. If convicted of a criminal drug offense reseeing from a
violation occurring during the conduct of cry grant activity. I
will report the conviction, in writing, within 10 calerdar days
of the conviction, to: Department of Justice. Office of Justice
Programs, ATTN: Control Desk, elG Seventh Street NW r
Washingtor._0c. 20531.
As the duly authorized representative of the appecant. I hereby certify that the applicant will compiy with the above certifications.
1. Grantee Name and Address:
4 Typed 'are arm Title of Authorized Representative
e. Sigeaturo 6. Date
.0 s. 00„,,,,,„vprourg gem. 1905 - 405 03,41..1014
EMD-05303-20C4;
MICHIGAN STATE POLICE
Crne.rnes.mr..15A.n"nrIarrsa..../
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 S;rigIe Audit Act of 1984, as amended. and Office of Management
and Budget (OMB) arcular A-133. Subgrantees must submit a copy of their audit report to: Budget and Financia. ,
Services Division, Michigan Department of State Police, 714 South Harrison Road, East Lansing. Michigan 48823
for each year they meet the funding threshold
•
Program: 2009 Interoperable Emergencv Communications Grant Program
CFDA Number: 97.001
' Subgrantee Information
Jurisdiction Name:
Street Address:
City. State, Zip Code: ..
• _
Certification for Fiscal Year Ending (mmidd/yyyy):
(Check appropriate box)
111 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.
11 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 OcvlB Circulars as revised, during at least one fiscal year funds are
received for the above listed program. A co of the audit re port will paitteigUg: Budget and Financial
Services Division. Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan
48823.
=Er.
(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 cornoletor,
necessary to be considered for
assistance.
I Social security number
I Employer identification mirnber
f Orr: Will 9
Qcjr 2.0(7.fl
t'e•Tual,,r/
ND4^,i1,1
Request for Taxpayer
Identification Number and Certification
Dive form to the
requester. Do not
send to the IRS.
Nara las sn.CY.11 ca “',C-c.,';re tax
Pius miss ria,741 d'rpt fr;.-71
0.
- • -- •---- —
I rle dux. .nc )50 e 11e10 Lbrporat.w.. PaitnersiiiP D. r- .E10:„ty cariNiry. ;he c,"Bs:ftator, p_derrigarded P,partnersi7p; I Oti-et ',see •07,11,00-3‘. lo•
,E 2 I Ad&es r rsac treet, aric rçtts ssue gt.t
u L_ u • City, state, and 7,1P riora
o.
, Lai acen...rt .7vritvris3
Mil_ Taxpayer identification Number (TIN)
Enter your m. the pur.:;ropriate box. The 1N pi-ovided must "ratch the name given or LATie 1 to avo:d
backup wiliihold?ng. For irie \Ina% ih's is your S.:K.8A security numbor(SSN. However, for e resident
alien, sae proprietor, or discegaroet entity, see ',le Part I instructions on page 3, For otner entities, it is
your employer inerlitcation number If you. do not have a number, see NOw tO get a Mon page 3.
Note, lithe account a in more t one Fame, see the chart on page 4 for gJidelifles on whose
number to enter.
r— Fireiript - payee
— 7-- -
Requesters i7ains acidruss feet•cria,.
m:13 Certification —
Under penalties o otiory, 1 certify trat:
I. The number sown on tnis form is 'hy co-reut taxpayer Identification number (or I am n wetting for a number to be Issued to me, and
2. am not subluct to backup withhoiding because: (a) I am eXurript from backup witnnOldftleroribli have ,not Men notified 1)y-4ha irlteTneil -
Revenue Service iiP.S1, that ! am subjeot to backup withholding as a resuft of a failure to report ail Interest of dividends, or lc) the ifIS has
notifien me that am no lorger suoject to backup withholding, arid
am a U.S. citizen or other J.S. person (Caned below).
Certification Instructions. You must cross out item 2 aoove you have been notified by the IRS that you are currently suniect to backup
imthhoktIng because you have falleo to report all interest and dividends on your tax return. For real estate trarsactions, item 2 does not apply.
rrio!Igage interest pa,d, acouisit:Tir, or abandonment of secured property, ce,ncetlation of debt, contrWtiors to ar 'N.TIviduar retiremert
arrangement (!RA, are generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must
provice your correct TIN. See the instructions on page 4
- -
Sign I Signature of
Hera ,U.S. person 111.• Date I.
General Instructions
Section references are to the Internal Pevenue Code unless
otherwise noted.
Purpose ol Form
A person who is required to ti a an 'rformation return with the
irtS must obla'n your correct taxpayer centification rumber criN)
to report. for example, income oa.d to you, reaI estate
transactions, mortgage interest yen paid, acquisition or
abandonment of secured property, cenceiIation of debt, or
contribitons you made to an R.A.
Use Form W-9 on:y if you are a US. person r,r ,c1:.icling a
resident alien), to provioc your correct TIN to the berscr
requesting it Itne requester) and, when app!icatm,
1. Cert1ry that the 'TIN you are giving ;s correct (or you are
wang for a number to be issued),
2. Certify That you are r -ot subect to backup w thno .r.fing. or
3• Claim exernotior from backup withhoIdny, if you are a U.S.
exempt payee. ti appcabie• you are a,so ce.,tfying that as a
U.S. person, your el:ocable snare of any partnershiu income from
a U.S. trade Or btisness :a not sub,act to the wThnoVrig tax on
foreign partners' share oi eflect!ve'y connected innorne.
Note. if a reauester gives you a form oth,er Than -.'7orrn W-9 to
repueat your TIN, you rust use the reouester's form f it is
substantially aim-tar to This Form W-9,
Definition of a U.S. person., For federa; tax purposes, you are
considered a U.S, petson if you are:
• An incividuai who is a US, citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the !ewe of the United
States,
• An estate (other than a foregn estate), cr
• A domestic trust (as define In Fle:3uiations section
201.7701-7),
Spacial rules for pattnersrtips. Parthershios that conduct a
trade or business in the United States are general y reci.ired to
pay a withho,ding tax 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 ,s required to presume Tnat
a partner is a foreign person, and pay the w,thhoding tax.
Thereore, if you are a U.S. person that a a partner in a
partrership conducting a trade or busines.s in the 'Jolted States
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to trie partnership for
purposes of estabishing its U.S. Stallis and avoiding withhoktin
on its allOcab4 share of net income frac-, the partnershIp
conducting a trade or business 1r, the United States ,s n toe
following cases:
• The U.S. owner of a disregarded entny and not the entity,
Form W-9 Mev. 14.20071 Cot. No 10231X
Farm W-9 (Rev 10-2;:07; 'age 2
• The U.S. geantor or other owner of a g•antor trust ane not the
trust, and
• The U.S. trust e.,ther than a grantor trust) anc riot the
benefic:aries of the trust.
Foreign person. .1 you am a fc'e on person, to rot use Form
W-9, lrstead, usc the apprepeate Form W-8 (see Pub' catice
515, W1th.aoldiee of Tax on Ncreesieert aleene and Foreign
Entties)
Nonresident alien who becomes a resident alien. General y,
oniy a ronresideet atop na:viol.16 may ese the terms of a tax
treaty to reduce or em1rate U.S. tax on certain types of income.
However, most tax treaees contea-i a aeov sion known as a
"saving c.aase." Exceptiors epec:tiee ie the saving cause may
perma an exemption ecer tax to continae for certain types of
income even after the payee has otherwise become a U.S.
resident alien tor tax Purposes,
If you are a U.S. residert alien who is rely1ng on an exception
corttned in the basing cause of a tax treaty to cam an
exemption from US. tax on certain types of 'Income. you must
attach a statement to Form W-9 that specifies the following fee
items:
1. The treaty country. Genera:),, teis must be the same treaty
under which you cla:ened exemption from tax as a nonresident
alren,
2. The treaty artic e addreseing the 1noorne,
3. The artice nomber (or ocaton) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that cuaKes for the
exemption from tax.
5. Suffcient facts to justify the exemption from tax under the
tem% of the treaty art Ole.
Example. Article 20 of the U.S. -China Income tax treaty allows
an exemptiori from tax for scholarship ncome received by a
Chinese student temporarly present in the Unted States, Under
U.S. law, this student ioet Peoome a res1dert alien for tax
pUMOSeS h s or her stay in the ...,r):ted States exceeds 5
calenciar years. However, paragraph 2 of the first Protocol to the
U.S.-Ceina treaty (dated Aori 30, 1984) at tne provisions of
Arecle 20 to continue to app,y even after the Chinese student
becomes a resident alien of the United States. A Chinese
student who qualfies for ti a exeepaun fencer paragraph 2 of
the first protocol and t relying on this exceptior to claim an
exemption froen tax on his a- ner scholarship or fellowship
income wou d attach to Form W-9 a statement that inc udes the
information described above to support that exemption.
if you are a ronresioert eller, or a fore'gn entty rot sAect to
backup witheolding. eerie the requester the appropriate
completed Form W-e.
What is backup withholding? Persons making certain payments
to you must under certain concnaons withhold and pay to the
IRS 28% of such payments. This a called "backup withhteding."
Payments that may tie subject to backup wthho ding include
interest, tax-exempt interest, dividends, broker and barter
exchange traesactioes, rents, royae es, nonemeioyee pay, and
certain payments `rare fishing boat operators Real estate
transactions are not subject to backup wthho ding.
You W.: not be subject to baceup withhold eg on payments
you receive it you give tee requester ycur correct TIN, make the
proper ceeiecatons, and report al your taxable eiterest and
dividends on your tax retsr,
Payments you receive will be subject to backup
withholding It
1. You du not furnish your TIN to the requester,
2. You do not eertify your TIN wren required (see the Part II
instruceons on page 3 for details),
3. The IRS tete the recuester teat you fareieheci an incorrect
TIN,
4. The IRS tells you that you are subject to bac'kuo
withholding because you did not report ali yoar interest are
civdends on your tax return (for reportae'e interest and
dividends any), or
5. You do not cart fy to the requester that yoa are not subject
to backup withholding under 4 above (for reportable interest and
cl,viderd accounts openec ahter '983 orly).
Certain payees and payments are exempt from backup
withholding. See the instructions below and the separate
Instructions for the Requester of Form W-9.
Also see Special rules for partershIps on page 1
Penalties
Failure to furnish TIN. If you fail to ferrrse your correct TIN tc a
requester, you are subject to a penalty of $50 for each such
faiiere un ess your failure Is due to reasceabe cause arc Rot to
wiIfI neglect.
Civil penalty for false information with respect to
withholding. if you make a false statereert with no reascrable
basis that resu.ts in no backup wehholuing, you are sule!ect to a
$500 penalty.
Criminal penalty for falsifying information. Wilfully falsifeng
certifications or affirmations may eobject you to criminal
penalties inched:1.1g fines and/or irepesonment.
Misuse of TINs. if the requester discloses or uses 71% 1
violation of federa law, the requester may be subject to civil and
criminal penalties.
Specific Instructions
Name
If you are Weald vidual, you must generarly enter the name
shown on your income tax return, However, if you have changed
your last name, for irstaece. dee to marriage wit -lout informing
the Social Security Adrrerietratoe of the name change, enter
your first name, the last 'lame SlOwn cn your social security
card, and your new Past name.
If the account is VI joint names, iist first, and then circle, the
name of the person or entity whose rumoer you entered in Part I
of tne form.
Sole proprietor. Enter your individual name as slown ork your
income tax return on the "Name" line. You may enter your
business, trade, or adoirg business as (DA)" name on the
"Business name" lice.
Limited liability company (LLC). Check the "Limited liability
company" box only and enter the apPropriate code for the tax
classification cz" for disregarded entity, "C" fur corporal on,
for partnership) in the space provided.
For a single-member LW (reducing a foreign LW Wth a
comestio owner) that is disregarded as an entity separate from
Its owner under Reguiatons section 301.7701-3, enter the
owner's name on the "Name" lee, Enter the LaC's rune on the
"Businees name" line.
For an LLC classified as a pareeerse.o or a corpo7ation, enter
the LLC's name on the "Name" line arid any business, trade, or
DBA name on the "Business name" line
Other entities. Enter your business name as shown on required
federal tax documents on the "Name" line. This name shoac
match the name shown on the charter or other .egal document
creating the entity. You -nay enter any business, trace. or DBA
name on the "Bus ness name" line.
Note. You are reouested to check The appropriate box fcr your
status (individuaiso,e propaetur, corporation. etc.).
Exempt Payee
If you are exempt from backup withhold1rg, enter your name as
described above end check the appropriate eox for your status,
then check the 'Exempt payee" box M the lire following the
business name, sige and date the form.
The indni due
the actua owner of tie account or,
i4 comoined fu-ds, the first
7cl!v:clua cr; the account
I ite wino' '
The graillor-trustee
Toe actin! owner
Tre owner
GM, name toed t thl of:
Legs. entity
he corporation
The organ Diet jet)
The bantrership
The broker or nominee
The pubic sit ty
Form W-9 Rev. !'a.c.E2 4
3. Real estate transactions. Yo,. must s gn the certification
You may cross out Item 2 of ti-e Gelit cation.
4. Other payments. Yos.i must give your correct TIN, bL,t you
do not rave to sgr tne cerlificati;fl ..m:ess you have DEr.n
notified that you have previa.s.y given an incorrect TIN. 'Other
payments' inc:ude payments made in the course of the
reauester's trace or DUS ness for rents. royaes, goods ;other
than bis for merciand'se, mecical arid health care services
(ncluding, payrrerts to corporat;ons), payments to a
nonetzoyee for services, DaymentS to certar fish eg boat crew
merntiers ard fishermen, ano-oss proceeds paid to attorneys
(incIuo:ng payments to corporattns):
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 HSA contributions or
distributions, and pension distributions. You must give your
correct TiN, out you do not have to sign the cert f cat:on,
What Name and Number To Give the Requester
For this type of account: Give name and 5511 Q1:
ind via
2 Two ç, mo/e indviduals go it
acco-rif,l
3 Gustodari account of a minor
(Linifor7 Oft to mieoia Aeri
1 a: T. revocable saYnge
trust (grantor is also trustee)
0: So-cal et trust account that :5
not a lege, ity valid truf:-.1 xtyler
state aw
5. Sole on:pr.:IVY-snip or distegydect
entity owned by an individual
For this type of account;
6. Diyegarded ertily ot ov,ned rry an The cviner
idivkiLa
7 A va‘cl ;rust estate, or pe^s:on trust
U. Corporate or LLC electing
corporate status Or Form 85.32
9 Assocoat or, cob, re.gIQus.
charitaoic, educational. or otrar
tax-axempt otga-1:zat'on
O. Partne•srep Cr ^alli-member LLG
11 A brOKer or registered 7011 ,e0
12 Accoalt wth the Debartmo,n of
Agriculture in l'e -erre of a oub
entrty ISUCri an Zi state or 10:ai
yovernmer,t, achoo cli5lrici. or
prison) the fCCO veS agni;ii teal
program Payrrerts
Secure Your Tax Records from Identity 'Theft
Identity theft occurs when someone uses your personal
Information such as your name, soc a! security numoer iSSN), or
other identfying information. without your !Perrin:SKr, to c .-rirnit
fraud or other crimes. An icentity th ef may Use you SSN to get
a ot:i or may file a tax return using your SSN to receive a ref Lind.
To reduce your risg:
• Protect your SBN,
• Ensure your employer is protean your SSN, aid
• Be careful when choosing a tax prepare.
Cal! the IRS at 1-800-829-1043 if you think your ic:entity has
Peen used inappropriate y for tax Purposes.
Victims of identity Inert who are expenenc:ng econortc harm
or a system problem, or are seeking help in resoiVng tax
problems that have not been resolved through normal channe:s.
may be agible for Taxpayer Advocate Service (TA$ ass:siance.
You can reach TAS by calling the TAS to.:-tree case ritake line
at 1-877-777-4778 TrYITDD 1-800-829-4059,
Protect yourself from suspicious emails or phishing
schemes. Phishirtg is tee creation ano use of ems::: arc
websites designed to rnim:o :egit mate business eenals and
websltes. The most common act is sending an ems to a user
falt.-,ely claiming to be an establishec legitieve enterprse h an
attempt to scam the user into surrendering private information
that will be used for identity theft.
The IRS does not initiate contacts with taxpayers e7rails.
Also, the IRS does not request personal detailed informat on
tnrough email or ask taxpayers for the PIN ricmters. passwords,
or similar secret access information for their credit card, bank, or
other financial accounts.
If you receive an unsolicited email claiming to be from tho IRS,
forward this message to phishingOirs.gov. You may also report
misuse of tle IRS name, logo, or other IRS personal property to
the Treasury Inspector General for Tax Administration at
1-800-386-4484. You can forwe'd suspicious emails to the
Federal Trade Commission at: spamitluce.gov or contact them at
www.consurner govikttnett or 1-877-IDTHEF1(438-4338).
Visit the IRS website at www,lis,gou to learn more about
identity theft and how to reduce your risk.
JI fi,s1 anti o - :e na•he DI Ina auson wi-csa number you km so ir srly one oe,xvn
on a er azseu-it has an 30'. w arsco Ma; be Lir 5heu
rog ;ha -1,0r ramp She r-Inat's SSN
'You ntial sl'onr r^51,1d. a tans) arra yOu -ray a sv a-ter you' bdsviess V 'QA'
^OMB or Ina seuu-id rain; I 'a You may UDO l'sei YOU' 3$ 0, SIN yoL have crnis)
11,1 zoo o iccuiages yOt 'D use yet =Ss
Jai first aro a:Tip to lame ;-:` tho v.'s], colas o• acnsar Ks] (2u nut Lrrie Ma IN
eine Damara 'eta-mortal ,e I tilise on 055 't'a loyal arily lrof 5 "at Pas railed .1
'he acce.inI idle I A sa see Sc1:1,7,11' 1•7,r inU1fil0rSh7A on Page 1
Note. If no name is crcled when more than one name is :isted.
the number wir be cons.derec to be that of the first narne listed.
Privacy Act Notice
section 8108 of the Internal Reverce Code requires you to provitie your itorrect TIN to persons woo must to intorrnehoit rets,m5 wit. the IRS to wort Iteresi.
dividends, and certair other income pad to yd.., mortgage nterest you pad, the acquisition or abandonment of secured property, canceiiation of debt, or
contributions you made to sri IRA. or Archer MA or /-ISA ir5 IRS uses tie rurrbers for identification purposes and to help verily the accuracy of your tax returr.
The IRS tray eiso Provide this information to the Department of Justice for civil and criminal litigates, and to otitis, states, the Dlstric; of Columbia, and J.S
possessions to carry out ;her tax awe. We may also disclose s information To other countries under a tax treaty, to federa and slate agencies to enforce federal nontam criminal awe, or to fedora' !aye enforcement and ;tile :gerice agencies to combat terrorism.
You must p:ov ,de your TIN whetite/ or •lot you are requ:red to tile a tax return. Payers must generally withhad 28% of taxable interest, oividend, and certain other
payments to a payee who does not give a TIN to a payer Certain penalties may aso apply.
Fund #29330 FEMA Grant GR#0000000486
Revenues
1060601-115095-610313 Federal Grant Rev.
Total Revenues
Expenditures
1060601-115095-73 '458 Prof. Serv.
Total Expenditures
FISCAL NOTE (MISC.. 110054) March 25. 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — ACCEPTANCE FOR
2009 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM
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 Region 2 Planning Board has selected Oakland County to serve as Fiduciary and
Subgrantee for the 2009 Interoperable Emergency Communications Grant program
award in an amount up to $353,770.
2. The grant period is June 1, 2009, through February 28, 2010.
3. The grant will fund planning and training activities for Region 2 areas.
4. Communications equipment can be purchased only in the event that all planning and
training benchmarks are met. Homeland Security will return to the Board for a budget
ameldment and grant match prior to purchasing communications equipment.
5. Me FY 2010 Adopted Budget is amended as follows:
FY 2010
FY 2010 Amended
Budget Amendment Budget
i_j_ $353,770 $353,770
$_-.)_ $353,770 $353,770
1_12 $353 ,770 $353,770
$_12 $353,770 $353,770
NCE COMMITTEE
/41_,„4
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long absent.
Resolution #10054 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, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runested,
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.)
14:PE-BY APPROVE THEMKGOING RESOLCON
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.
gat
Ruth Johnson, County Clerk