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HomeMy WebLinkAboutResolutions - 2010.09.01 - 10318MISCELLANEOUS RESOLUTION #.10211 September 1, 2010 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — ACCEPTANCE FOR 2009 MICHIGAN CITIZEN CORPS PROGRAM GRANT — OAKLAND COUNTY TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2009 State of Michigan Citizen Corps Grant Program for funding for programs to increase domestic preparedness among members of the community; and WHEREAS the State of Michigan has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $27,175 for the period of August 1 2009 to April 30. 2012; and WHEREAS funds are to be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program Partners of Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteer in Police Service, and Fire Corps: and WHEREAS the Michigan Department of State Police Emergency Management and Homeland Security Division will serve as the administrating agency for this grant; and WHEREAS the grant agreement has been reviewed and approved through the County Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in an amount up to $27,175. 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. c. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Original Message From: Piir, Gala [mailto:piirg@oakgov,com] Sent; Wednesday, July 07, 2010 2:24 PM To: 'Novak, Gail'; 'Quisenberry, Theodore H.'; 'Pearson, Linda'; Pisacreta, Antonio Subject: Grant Sign Off: Homeland Security - 2009 Citizen Corps Grant Program - Grant Acceptance GRANT REVIEW SIGN OFF — Homeland Security GRANT NAME: 2009 Citizen Corps Grant Program FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail Novak 248-858-5080 STATUS: Grant Acceptance DATE: July 7, 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/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to he place on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. PROJECT SYNOPSIS FEMA provides Federal Homeland Security Grant pass-through funds through the Michigan Citizen Corps Program to local Emergency Management agencies. The funds are to engage and actively involve all citizens in hometown security through personal preparedness, training, exercises and volunteer service and to provide and to provide a structured opportunity for citizens to augment local emergency response activities. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (6/28/2010) Department of Human Resources: Approved. Cathy Sballal (6/25/2010) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (6/29/2010) Corporation Counsel: There are no legal issues that need to be resolved before the above-referenced Grant Agreement is executed. However, there is one issue that I would like to bring to your attention. In order to spend these grant funds, the County must get approval from the Region 2 Homeland Security Planning Board. even though the funds were solely awarded to Oakland County (not as Region 2 Fiduciary). This requirement is contained in Section rv (page 2) and Section V.D. (page 3) of the Grant Agreement. Although this is not a legal issue, it will take time and money to get the projects/funds approved by the Region 2 Board as well as by the State, — Jody S. Hall (6/29/2010) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of the 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) ltm.//www.access.gpo.govinara/cfr/waisidx 06/44cfr13 06 html Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFR Part 225) jan.ilwww.access.uuo.uovinata/cfr/wai5idx 08r2efr225 OR.html Federal Oilier of Management and Budget (OMB) Circular No, A-87, A-102, and A-113 huo://www,whitehouse.aoviornbicirculars/index.html Single Audit Act of 1984 (with amendments in 1996) hapiiwww.whitehouse goviombtfinancialifin single audithtml Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d) Ittpftwww.usdnj.govicrt/coricoordintlevistathtm Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" )11s.i.iwww legislature fft, PerrThi ollxueltniri57.5572inwv45)/risi lea asoxIone-aetchicegtohiectname=mcl-Act453-P1- 197684queryid=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" http Amu leticlatnre mi noviflin3 I xteltmri5z55z2uiwv451/mileeasoxlvage—getoblect&oblecMame—mcl-Act-220-of- 9768Auervic.=14718589 Michigan State Contracts with Certain Employers Prohibited —Act 278 of 1980 pttkiiwww icricianirr mi gov/(Slealranv4uncluhvh10s2135511/milee asnx?nage=uetObiect&ohicaNarricnc1 -Act-278-of-1980 Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29) PlYn'ileeft 21)0P.11CC5c zovicai/t/textitcxt-idx?c&-ccfr&tol-/ecfrbrowse/Title06/6cfr29 main 02.4)1 Department of Homeland Security — Protection of Sensitive Security Information (49 CFR Part 1520) http kwww_s_c_ccslapo.1;ovinaratcfriwaisidx 04/49efri520 04.html Executive Order 12372W Intergovernmental review of Federal programs titto://www.fws. gov/po1icy!IibraryJreol 2372.odf US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) littpSwvAsraccess envinaraicfr/waisidx 04/28cfna 04.html Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) ptto://www.acms arta aotetnaralcfriwaisidx 801 01.htant Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) Jittp://www.acecss.rnioov/nnra'cfr/waisidx 04128cfr22 04.html Criminal Intelligence Systems Operating Policies (28 CFR, Part 23) Pao fiwww.acccss.atIo.aovinaralcfriwaisictx 04/23cfr23 04,httrd Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) hrx://www.acCe55.0‘,1,govinaruicfriwaisicix n1 128650 01.html Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) hradiwww.access.grio.govinaralcfriwaISidx 01128cfr35 Cl.himl Equal Treatment fur Faith Based Organizations (28 CFR Part 38) hap.iivorm usdoi.2ov,ovvtidocs/asernentoreimplementationof28erpart38.odf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) hllp//www access.aoo.uovinaraleftlwaisidx 01/28cfr42 Qt html Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) arp.//www access apo eovinaraicfr/waisiclx 01128;fr61 01.htttil Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) Lq).//www.access.aco.goviraraicfriwaisidx 01128cfr63 01.htmi National Historic Preservation Act of 1966 (16 U.S.C. 470) 11t1o://wwvoloswv/histutyAocal-lawinhpal966.htm Executive Order 11593 — Protection and enhancement of the cultural environment osa f,rivirPnrtal/uca/eptcontentVicw.do 9contentTyne—GSA BASIC&contentId—I2094 Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469) http://www.nps,pvinistr.rylocal-lawiFHPL ArchHistPres.pdf The National Environmental Policy Act uf 1969 (42 U.S.C. 4321) hitxllsyww,ncria aovinepaircesineuaineuaeoia.httm Omnibus Crime Control and Safe Streets Act of 1968 iliwpwww.usdiii.govicit/sn1it/42usc3789d,htm Victims of Crime Act (42 USC Section 10604) imp liwww.usdoj govictlicetwagendoi10604.11t.m Juvenile Justice and Delinquency Prevention Act http:/toiidn.n.7.irs.orsOboutilidna2402titlev.pdf Federal Civil Rights Act of 1964 httri://www.usdni govicrt/corlindex.htm The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) httpliwww..dol Rov1cosurnircgsfstahltedsec504.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101) http :fiwww. ada. ROI/ IP libstada.11im The Education Amendments of 1972(20 U.S.C., Sec 1681, 1683, 1685-86) htlp liwww.usdoj.guvicrt/cor/coorclititleixstat. htm Age Discrimination Act of 1975 42 U.S.C, Sections 6101-6107 httuliwww.dol gov/oasarnirersistatutesfage act him Executive Order 13279- Equal Protection of the Laws for Faith-based and Community Organizations httni/www whitehousc. coy/news/releases/2002i I 2/20021212-6.html U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 htIo://www.fhwa.dotgovireatestate act. him Federal Hatch Act - Political Activity of Certain State and Local Employees htm://wv..-ar.usc.envihatchaahtm. Restrictions on Lobbying (28 CFR part 69) iittn.fivAswe access eno,govinaratcfrAvaisicix 04/28.-,f169 04.html Executive Order 12549— Debarment and Suspension 'Ino://www archives Rov/fecleral-register/codification/exccutive-ordcr/12549 html Government-Wide Debarment and Suspension (28 CFR, Part 67) humThyvew access.sno.govInaraicfrAvaisidx 04/28cfr67 04.html Drug-Free Workplace Act of 1988 hirviffnvchvate ACcegs govkai-biniectdoc cEi9d1name-brows.c usadociditc--41USC701 Goia V. Piir GratitS Compliance and Programs Coordinator OalCand County Fiscal Services Division Phone (246)858-1037 Fax (248) 858-9724 plirg@oakgov.corn 0124104:43 t• State of Michigan 2009 Homeland Security Grant Program Grant Agreement for Citizen's Corps Program August 1,2009 to April 30, 2012 1 CFDA Number: 97.067 Grant Number: 2009-SS-T9-0060 This Homeland Security Grant Program Citizen's Corp Program (HSGP-CCP) Grant Agreement is hereby entered into between the Michigan Department of State Police. Emergency Management and Homeland Security Division (hereinafter called the Subgrantor), and the COUNTY OF OAKLAND (hereinafter called the Subgrantee) I. Purpose The purpose of this grant agreement is to provide federal pass-through funds to the Subgrantee for the Fiscal Year (FY) 2009 Citizen's Corps Program (CCP). The funding under this grant agreement will be allocated to the Subgrantee from the CCP allocation to the State of Michigan. CCP funds are intended to engage and actively involve all citizens in hometown security through personal preparedness, training, exercises, and volunteer service and to provide a structured opportunity for citizens to augment local emergency response activities 11. Objectives The principal objective of this grant agreement is to provide financial assistance to the Subgrantee for allowable costs in the CCP and the following specific programs: 1. Community Emergency Response Teams (CERT) 2. Medical Reserve Corps (MRC) 3 Neighbornood Watch 4. Volunteer in Police Service (VIPS) 5. Fire Corps Allowable Investments made in support of he programs listed above must fall into one of the following four categories: 1. Planning 2. Equipment 3. Training 4. Exercises For guidance on allowable costs for the CCp program areas, please refer to the FY 2009 Homeland Security Grant Program (HISGP) GLidance, located at http://www.ferna.govipdfigovernmentigrant/hsgpify09_nsgo_guidance.pdf. To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Homeland Security Preparedness Committee, has created a I;st of priority projects that Subgrantees shall use their FY 2009 HSGP-CCP funds to support. These projects were derived from the 11 Investment Justifications developed by Michigan that are to be implemented at the regional/local level. Additional information is provided in the Michigan FY 2009 HSGP Supplemental Grant Guidance, Suograntees must take a regional approach when determining tne best use of FY 2009 HSGP-CCP funcs. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 2009 HSGP-CCP application. III. Statutory Authority Funding for the Fiscal Year 2009 HSGP is authorized by the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110-329). 2009 Citzen Corps Grant Agreement County of Oakland Page 2 of 8 The Subgrantee agrees to comn wth all HSGP-CPP program requirements in accordance with the HSGP Guidance. The Subgrantee also agrees to comply with the following regulations: A. Administrative Requirements 1. 44 CFR, Part 13. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, located at htto://eCFR.gpeaccess.gov/ogi/titext/text- iax?c=ecfr&tol-/ecfrbrowseiTitIOLI/44cfr13_rnain_02.tpl 2. 2 CFR, Part 215, Uniform Administrative Requirements for Grants and Cooperative Agreements to Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations (OMB C:rcular A-110), located at htfp:gecfr.gpoaccessrgovicgi/t1textitext- idx?c,--ecfr&sid=5f90b818356757091bb65ea93f163c6a&tpWecfrbrowse/Title02/2cfr215_main_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 httpliecfr.gpoaccess.govicgi/t/textitext- idx7c=ecfr&tpl=/ecfrbrowserr itle02/2cfr225_main_02.tpl 2. 2 CFR, Part 220, Cost Principals for Educational institutions (OMB Circular A-21), located at http://ecfr,gpoaceess .gov/cg i/t/textftext-idx?c=ecfr&rgn=div5Swiew=text&node=2:1 .1 .2.3.48Lidno=2 3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB arcular A-122), located at httoPecfr.gpoaccess.govIcgi/titext/text-idx?c=ecfr&tpl=iecfrbrowse/Title02/2cfr230_main_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/Subpart%2031_2.html#wp1095552 C. Audit Requirements 1. OMB Cscular A-133 Audits of States, Local Governments, and Non-Profit Organizations, located at http://vvww,whitehouse.gov/ombleirculars/a133/a133.html IV. Homeland Security Grant Program Award Amount and Restrictions The COUNTY OF OAKLAND is awarded $27,175 in CCP funding under the FY 20091-ISGP-CCP. This grant agreement designates CCP funds only for reimbursement of authorized costs that are incurred during the FY 2009 grant agreemert period. Grant agreement funds shall not be used for other purposes. Allocations for the FY 2009 HSGP-CCP have been determined on a regional basis through a funding methodology consistent with current DHS guidance. Regional Boards have been created to ensure that all jurisdictions within a designated region have an equal say in how funds are spent. At least $6,794.00 of CCP award funds must be dedicated to strengthening preparedness planning through planning, training, and exercising activities. This is a DHS requirement and additional details can be found in the FY 2009 HSGP Guidance For any activities involving construction, demolition, or installations of equipment; an Environmental and Historic Preservation (El-iP) Review must be completed prior to any work being done. Any activities that have been initiated without the necessary BHP review and approval will result in a non-compliance finding and will not be eligible for federal funding. Final determination on how funds awarded by this grant agreement will be allocated will be determined through a review process by the Sub grantor of projects submitted by the Region 2 Homeland Security Planning Board, not by the Sub grantee. V. Responsibilities of the Subgrantee FY 2009 HSGP-CCP funds must supplement, not supplant, state or local funds. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. 2009 Citizen Corps Grant Agreement County of Oakland Page 3 of 8 Potential supplanting will be carefully reviewed in the application review, ia subsequent monitoring, and in the audit, The Subgrantee may be required to supply documentation certifying that it did not reduce nor-federal fdacis because of receiving federal tines. Federal funds cannot be used to replace a reduction in non-federai funos or solve budget shortfalls in general fund programs. The Subgrantee agrees comply with all applicable federal and state regulations including, out not limited to, the following: A. In addition to this FY 2009 HSGP-CCP grant agreement, the Subgrantee shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by reference into this grant agreement: 1. Standard Assurances 2. Certifications Regarding Lobbying; Debarment. Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement 3. State of Michigan Audit Certification Form (EMD-053) 4. Request for Taxpayer Identification Number and Certification (W-9) 5. Other documents that may be required by federal or state officials B. The FY 2009 HSGP-CCP Grant covers eligible costs from August 1, 2009 to April 30. 2012. Please refer to the Fiscal Year 2009 Homeland Security Grant Program Guidance, located at http://www.fema.govIpaf/government/grantihsgpify09_hsgp_guidance.pdf., for a detailed list of what costs are eiigible under this grant Allowable costs are specifically addressed in Part VW of the HSGP Guidance. C. Make all purchases in accordance with grant guidance and local purcnasing policies. D. Submit project applications to the Subgrantor, which have been prepared and approved by the Homeland Security Regional Board, for evaluation and approval of projects prior to starting a project. All projects must meet OHS and EMHSD grant guidelines and must directly support one of the required projects from the regionai supplemental guidance, and at least one of the 37 target capabilities. Projects should be coordinateo with Regional Homeland Security Board activities, Any project that proposes a change in scope of work during the grant performance period must be resubmitted to the Subgrantor for approval. E. Submit an Allowable Cost Justification (ACJ) form for all costs that are part of approved projects prior to the encumbering of the cost. If an ACJ is not submitted, the Subgrantee will be held responsible for al costs determined to be ineligible by the Subgrantor or by DHS. E. Within 30 days of the end of the Subgrantee's fiscal year, the Subgrantee must supply a document to the other local government agencies reporting the dollar amount spent on their behalf, so the local government agencies can submit the information on their Schedule of Expenditures of Federal Awards (SEFA) report. NOTE: Copies of these documents must also be provided to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910- 5883. F. Create and maintain an inventory of all FY 2009 HSGP-CCP equipment purchases that Vsts, 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 for at least Three years after the grant is closed by the awarding Federal Agency, The Subgrantee is advised that, when practicable, any equipment purchased with grant fundino shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security". Within 30 days of the end of the Su grantees fiscal year, the Subgrantee must supply a copy of this inventory to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Coffins Road. Lansing, Michigan 48910-5883 G. Make FY 2009 HSGP-CCP equipment available for pick-up by other government agencies per equipment assignments by the Region 2 Homeland Security Planning Board. This process needs to Include egal transfer of the equipment to the designated government agencies. At minimum, the Subgrantee should prepare documents, which when signed, will inaicate other designated government agencies accept full legal and financial responsibility for pieces of equipment. 2009 Citizen Corps Grant Agreement County of Oakland Page 4 of 8 H. The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it to the Subgrantor at a mi.-lir-UM at the end of each quarter (or more frequently, as needed). Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Reimbursement Cover Sheets must be filed out completely or they will be returned to the Subgrantee for proper completion. Please refer to the Reimbursement Guidance included with each of the reimbursement forms, The Reimbursement Cover Sheet (EM0-054) and other reimbursement forms can ae found on the EMHSD website, located at http://www.michigarkgovimsp/0,1607,7-123-1593_3507_41574-214684--,00.html . The Subgrantee wiil not be reimbursed for funds until all required signed documents and reimbursement documents are received. I. Submit quarterly Progress reports to the Subgrartor on the status of all approved projects. The due dates for quarterly progress reports are detailed in Section VII of this agreement. J. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (BSIR). The BSIR is due within 20 days after the end of the reoorting period. The due dates for the BSIR are on January 20, 2010, July 20, 2010, January 20, 2011, July 20, 2011! January 20, 2012, and July 20, 2012. The reporting periods are from January 1 through June 30 and July 1 through December 31. The final BSIR is due 90 days after the end date of the FY 2009 HSGP-CCP award period. K. Comply with FY 2009 National Incident Management System (N1MS) implementation requirements and move towards completion by September 30, 2012. FY 2009 NIMS requirements must be fuily complied with by September 30, 2012. NIMS information is available at httpliwvvw.fema.goviemergencyinims L. Comply with applicable financial and administrative requirements set forth in the current euition of 44 CFR, Part 13 including the following provisions: 1. Account for receipts and expenditures, maintain adequate financial records, aid refund expenditures disallowed by federal or state audit. 2. Retain all financial records, statistical records, supporting documents, and other materials pertinent to the FY 2009 HSGP-CCP for at least three years after the grant is closed by the awarcing Federal Agency, for purposes of federal and/or state examination and audit. 3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as furtner described in 44 CFR, Part 13. Ranoom audits shall be performed to ensure compliance with applicable proVsions. M. Integrate individuals with disabilities into emergency planning, per Executive Order 13347. N. Environmental and Historic Preservation Compliance: The federal government is required to consider the potential impacts to the human and natural environment of projects proposed for federal funding. The Environmental aria Historic Preservation (EHP) Program, engages in a review erocess to ensure that federally-funded activities comply with various federal laws. The goal of these compliance requirements is to protect our nation's water, air, coastal, wildlife, agricultural, historical, and cultural resources, as well as to minimize potential adverse effects to children and low-income and minority Populations. The Subgrantee shall not undertake any project having the potential to impact EHP resources without prior approval. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not eligible for federal funding. VI. Responsibilities of Subgrantor The SuPgrantor, in accordance with the general purposes and objectives of this grant agreement, will. A. Administer the FY 2009 HSGP-CCP in accordance with all applicable federal and state regulations and guidelines and provide quarterly reports documenting this administration. 2009 Citizen Corps Grant Agreement County of Oakland Page 5 of 8 Provide di7ection and tecnnical assistance to the Subgrantee, C. Provide to the Subgrantee any special report forms and reportng formats (templates) required for operation of the program. D. Reimburse the Subgrantee in accordance with this grant agreement, based on appropriate documentation submitted by the Subgrantee E. Independently. or in conjunction with DHS, conduct random on-site reviews. VII. Reporting Procedures Submit quarterly progress reports to the Subgrantor on the status of all funding. Quarterly progress reports are required whether or not expenditures are incurred. Subgrantees failure to fulfill the quarterly reporting requirements, as required by the grant, may result in the suspension of grant activities until reports are received. Reporting quarters for each year are as follows: January 1 through March 31 April 1 through June 30 July 1 through September 30 October 1 through December 31 The final reporting quarter ends with the end of the grant performance period, which may result in this final quarter being less than three months in duration. Quarterly reports are to be submitted by end of the month following the end of each quarter. The first quarterly progress report for the FY09 HSGP grant ;s due on April 30, 2010, Reports are to be sent electronically to emd_hsgpOmichigan.gov. SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Payment Procedures The Suograntee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and al required attached documentation, including all required authorized signatures, and suomit it to the Subgrantor at a minimum at the end of each quarter (or more frequently, as needed). Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Reimbursement Cover Sheets must be filled out completely or they will be returned to the SU bgrantee for proper completion. Please refer to the Reimbursement Guidance included with each of the reimbursement forms. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMHSD website at http://www.michigan.govfmsp/0,1607,7-123-1593_3507_41574-214684--,00.html The Subgrantee will not be reimbursed for funds Lint] all requirea signed documents and reimbursement documents are recelved. Drawoown of Funds in Advance: Suograntees may request funds (for purchases of $25,000 or more) 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 .etter stating the reason they are requesting an advance; 2) The Subgrantee must submit a copy of an approved purchase order showing the delivery date for the items ordered to be within 120 days of the purchase order date: 3) These funds must be placed in an interest-bearing account (2CFR, part 215,22k). The Subgrantee may keep interest up to $100 per year (CFR44, part 13.21h) for administrative expenses for all federal grants combined (Der DRS Financial Management Guide, January 2006). If the Subgrantee is notified by B. 2009 Citizen Corps Grant Agreement County of Oakland Page 6 of 8 the vendor of delays in tne delivery date of equipment, funds must be returned to the Subgrantor. Advances cannot be outstanding for more than 120 days; 4) Any interest earned over $100 must promptly, but at least quarterly, be remitted to: MSP/EMHSD, Financial Section, 4000 Collins Road, Lansing, Ml 48910. The Subgrantee must a:so notify the Subgrantor in writing of any interest earned over $100 quarterly. 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 witn Disabilities Civil Rights Act, 1976 PA 220, as amended. MCL 37,1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this grant agreement, with respect to his or her hire, tenure, terms, conditions, or privileges Of eesployieeet; 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 individuals ability to perform the duties of a particular job or position. Subgrantee agrees to include in every subcontract entered into for the performance of this grant agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the grant agreement. The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of Subgrantee on this Project appears in he register compiled by the Michigan Department of Energy, Labor, and Economic Growth, Bureau of Commercial Services, Licensing and Enforcement Divisions, pursuant to 1 980 PA 273, as amended, MCL 423.321 et seq. (State Contractors with Certain Employers Prohibited Act), or on the Federal ExcoJded Party List database, located at vvww.epis.gov . X. Limitation of Liability Subgrantor and Subgrantee to this grant agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. it is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. XI. Third Parties This grant agreement is not intended to make any person or entity, not a party to this greet agreement, a third party beneficiary hereof or to confer on a thirc party any rights or obligations enforceable in their favor. XII. Grant Agreement Period This grant agreement is in full force and effect from August 1, 2009 to April 30, 2012. No costs eligible uncer 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 agreemert may be terminated by either party by giving thirty (30', days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the grant agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to reimburse the Subgrantee. XIII. Entire Grant Agreement This grant agreement is governed by the laws of the State of Michigan ana supersedes all prior agreements. documents, and representations between Subgrantor and Subgrantee, whether expressed, mplied, or oral, This 2009 Citizen Corps Grant Agreement County of Oakland Page 7 of 8 grant agreement constitutes the entire agreement between the parties and may not be amended except by wr:tten instrument execute° 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 ary proposed changes of dates, budget, or services indicated in this grant agreement, as well as changes of address or personne affecting this grant agreement. Changes in da;es, 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 shail remain \laid. 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 the goals or objectives set forth in the subgrant application, • Failure to fohow 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 eubreciplents. Before taking act on. the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIV. Business Integrity Clause The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if me Subgrantee, an office, of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a crimina 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 conouct 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 tne Subgrantor, reflects on the Subgrantee's business integrity. XV. Freedom of Information Act (FOIA) Much of the information submitted in the course of applying for funding under this program, or provided in the course of greet management activities, may be considered iaw enforcement-sensitive or otherwise criecal to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis, The Subgrantee should be familiar with the regulations governing Protected Critica 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, Cnt._W. Thomas Sands Printed Name Deputy State Director of Emergency Management and Homeland Security Title 2009 Citizen Corps Grant Agreement County of Oakland Page 8 of 8 XVI. Official Certification For the Subgrantee. The indivrdua; or officer signing this grant agreement certifies by his or her signature that he or she is authorized to sign this grant agreement on behalf of the jurisdiction he or she represents. The Subgrantee agrees to complete all requirements specified n this grant agreement. County of Oakland Name of Jurisdiction Printed Name Title Signature Date For the Subgrantor (Michigan State Police — Emergency Management and Homeland Security Division) ignature Date OMB APPROVAL NO. 1121-0140 EXPIRES 01/31/2006 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, 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 prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22,23, 30, 35, 38, 42, 61, and 63. 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C.§ 469 a-I et 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. §I0604(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, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7. 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.), 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. Signature Date 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 refer to the reguiatiOns cited below to determine the certification to which they are requited to attest. Atepticants should also review the instrueteens for certification included in the regulations before completing this form. Signature of this form orovides for compliance with certiffeatiOn requireenents under 28 CFR Part 69, New Restrictions on Lobbying and 28 CFR Part 67. "Government-Mee Debarment and Suspension (Nonpro-curement) and Government-Wide Requirements for Drug-Free Veorkelace (Grants)." The certifications Shall be treated as a Material representation of fact upon which reliance %eel be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. "I. LOBBYING As require:re by Section 1352, Title 31 of the U.S. Cede, and implernentee at 28 CFR Part 59. for persons entering into a grant or ceoperatIve agreement over $100,000, as defined at 28 CFR Part 69, tie applicant certifies that= (a) No Federal aapropriated funds nave been paid or will be paid, by or on behalf of the undersigned. to any person for in- fluencing or attempting to influence 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 con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated furde nave been paid or wil: be pod to any parser for influencing or at- tempting to influence an officer er: employee of any agency, a Member of Congress, or efficer or employee of Congress, or an employee of a Member of Congress in connection w:th ties Federal grant Or cooperative agreement, the ureersigned shall complete and submit Standard corm - LL_. 'Disclosure of Lobbying Activities:" in accordance with its instructiors: (e) The undersigned shall require that the language of this cer- tification be included ir the award documents for all stabawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify end disclose accoreingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67. for orospec- five participants in primary covered traneactioris, as defined at 28 CFR Part 67. Section 57.E10— A. The applicant certifies that it and its principals: (a) Are not presently oebarred, seependeo. proposed for eerier- rnent, declared ineligible, sentenced to a denial of '7ederal beeetits by a State or Federal ceert, or voluntarily excluded from covered transactions by any Federal deportment or agency, (b) Have not within a three-year period preceding this applica- tion been convicted of or had a sive jedgment renderee against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or eel-louring a public (Federal, State, or local) transaction or e.ontraet under a public transaction: violation of Federal or State antitrust statutes or eommiesion of embezzlement theft, forgery, bribery. falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently it:dieted for or otherwise criminally or civilly charged by a governmental entity (eeoeral, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have rot within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default: and B Where the applicant is unable to certify to any of the statements in this certification, he or she snail attach an 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 57, Subpart F for grantees. as defined at 28 CFR Part 67 Sections 67.615 and 67.620- A, The applicant certifies that -t will or will uonenue to provide a dreg-free workplace by. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, diseensing, possession. or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for vloiation of such prohibition; (6) Establishing an on-going erug-free awareness program to inform employees about— (1/ The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-free workperce. (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace: (e) Mak ne it a requirement that each erripeoyee ter be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the emeloyee in the statement requeee by care, graph (a) that. as a condition of employment under the greet, the empeeyee will- LEW FORM 4051/5 t3-0 REPLACES OJP PORIM 4051'2. 4051+3 AND 4001+4 MICri Apr OnoLETE (1) Abide by the terms of the statement; and – (2) Notify the ernp:oyer in writing of his or her conviction fora violation of a criminal drug statute occurring in the workplace no later then five calendar days after such conviction: Check 0 if there are workp.eces on file that are not Mdentified (e) Notifying the agency, in writing within A:0 calendar cays here_ after receiving notice under subparagraph (d)(2) from an Section 67, EH of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tioe is a State may elect to make one certification in each Fed era Employers of convicted employees must provice notice, including fiscal year. A copy of whicn should be included with each ap- position title, to: Department of Justice, Office of plicafion for Department of Justice funding. States and State Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. NW,, Washington, D.C. 20531. Notice shall include the iden- tification rumber(s) of each affected grant; Check [L1 if the State has elected to complete OJP Form 4C61/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (e)(2), with respect to any employee who is so convicted— DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (1) Taking appropriate personnel action against such an employee, up to anc including termination, consistent Witt the As required by (no Drug-Free Workplace Act of 1988, anc requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67_615 and 67.623- 2) Requiring such ernp:oyee to participate satisfactorily In a drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses- rnent, or other appropriate agency; sion, or use of a controlled substance in conducting cry (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace througn implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resuling from a (c), id), (e), and (f) violation occurring during the conduct of any grant activity, I B. The grantee may insert in the space provided below the will report the conviction, in writing, within t D calendar days site(s) for the performance of work done in connection vsiith of the conviction, to: Department of Justice, Office of Justice tie specific grant; Programs. ATTN: Control Desk, 533 Indiana Avenue, NW., Washington, D.C. 20531. Place of Performance (Street address, city, county, state, zip coee) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: — 2. Application Number end/or Project Name 3. Grantee IRS/Vendor Number 4 Typed Name and Title of Authorized Representative 5. Signature 6. Data Goyarnentl,nr,ny 0--,c0-1596 - 435 0374CKiI4 EMD-053 (03-2004) MICHIGAN STATE POLICE !oh.. n nronrn.rt• INIn STATE OF MICHIGAN AUDIT CERTIFICATION Federal Audit Requirements Fiscal Years Beginning After June 30, 1996 Non-Federal organizations which expend $500000 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 cony of their audit report th: Budget and Financial Services Division, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823 for each year they meet the funding threshold, Program: 7nnn Fmeroencv Manaaement Performance Grant CFDA Number: 97.042 Subgrantee Information Jurisdiction Name: _ Street Address: City, State, Zip Code: _ _ Certification for Fiscal Year Ending (mmiddiyyyy): (Check appropriate box) 0 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. II 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 funds are received for the above listed program A nruly of the audit report will be submitted to: Budget and Financia Services Division, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823. _ (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 ccmpletion necessary to be considered for assistance. Bus ness name, t different from above Check aporoprjate boa. L inMedualiSola prorirIoto E GOpotio L Partnersnip 1_, Limited 11m-illy co-loany. Enter t4c tax ciess 4icatzen (D,disnafAarded entity, Ccoroorat on. P=pannersh iather {see instructicns) Aderess inumOer, street. and apt, or suite no. City. state, and ZIP Code List account numoarts) here (opt ()nal) 0 a I5 2: to a.9 :79r.errat deyee Requesters name and addruss `..c:ptiorzti) Social security number or Employer Rientification number Form VVI.9 (Rev, October 2007) Department er TrgB54,7),, Request for Taxpayer Identification Number and Certification Give form to the requoster. Do not send to the IRS. Name (as shown oi yo,x income tax raurn) Taxpayer Identification Number fTIN) Enter your TIN in the appropriate box. Tne TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is you- social security number (SSN). Fiowever, for a resident alien, sae propnetor, or disregarded entity. see the Part I instructions on page 3. For other entitres, it -!s your employer identification number (EIN). If you do not have a number, see How to get a TIN en page 3. Note. If tile account is in more Man one name, see the chart on page 4 to guidelines on whose number to enter. Part II Certification Under penalties of perjury. I certify Matt 1. The number shown on tills form is my correct taxpayer identification number (Or I am waiting for a number to be issued to me). and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the !RS that you are currently subject to backup withholding because you have failed to report all interest and divider-Us on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA). and generally, 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 Signature of Here U.S. person 0- Date lib General Instructions Section references are to the Interne Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obta.n your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactons. mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, cr contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident Oen), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Getty that the TIN you are giving is correct (or you are waiting for a number to beissued), 2. Cern, that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also der-Hying that as a U.S. person. your allocaole share of any partnership ricome from a U.S. trade or busriess is not sub:ect to the withnoiding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantiary simi.ar to this Form W-9. Definition of a U.S. person. For fede-al tax purposes, you are considered a U.S. person if you are: • An Individua. who is a U.S. Citizen or U.S. resident alien, • A partnership, corporation, corroany, or assoOat or created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulat ons sect on 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generely required to pay a withrio)ding lax on any foreign partners share of ncorne from Such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign Person, and pay the withho:d ng tax. Therefore, you are a U.S. person that is a partner in a oartnersnia concocting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S. status arid avoid withholding on your share of partnersnp income. The person who gives Form W-9 to the partnersnip for purposes of establishing its U.S. status and avoiding Wthh.cichng on Its allocable share of net income from the partnership conCucting a trade or business in the United States Is in the following eases' • The U.S. owner of a disregarded entty and not the entity. F91-r -VV-9 (Flev. 10-2007) Cat. No, 10231x • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not tie beneficiaries of the trust. Foreign person. If you are a foreign pe:.son, do nut use Form W-9. Instead, use tre approp!"ate Form W-8 (see Pabl'caton 515, Withho ding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Gerieraby, only a nonresident aiien leclividuai may use the terms of a tax treaty to reduce or elim=nate U.S. tax on certain types of income. However, most tax treates contain a provieion known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident aiier who is relying en an exception contatied in the saving cause of a tax treaty to claim an exemption from U.S. tax or certain types of income, you trust attach a statement to Forty W-9 that specifies the following flve Items: 1. The treaty eountry, Generaly, this must be the same treaty under whtch you claimed exempt on from tax as a nonresident alien, 2. The treaty article acdressing the income. 3. The article number (or location) in the tax treaty that contains the saving cause and its exceptons. 4. The type and amount of Income that qualif:es for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty artive. Example. Article 20 of the U.SeCtena income tax treaty allows an exemption from tax for scholarship income received by a Ch:nese student temporarily present in the United States. Unaer U.S. law, this student wil become a resident alien for tax purposes if his or her stay In the United States exceeds 5 calendar years. However, pa'agraph 2 of the first Protocol to the U.S.-China treaty (dated April 30.1954} allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is re ying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident al.en Cr a foreign entity not subject to backup erthholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons maeing certain payments to you must under certain conditioes withholc and pay to tne IRS 28% of such payments. This is Galled "backup withholdieg." Payments that may be subject to teaceuo wThhceding Include Interest, tax-eaemat interest, deedends, broker and barter exchange transactions, rents, royalties, nonempoyee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not ba suNoot to backup withholding on payments you receive if you give the requester your correct TIN, mace the proper certifications, and report all your Taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TN when rectuseo (see the Part II instructions on page 3 for details), 3. The IRS ttels the relaueste;• that you furnished an incorrect TIN, Page 2 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest arc divicends on your tax return (for reportabie interest and divioends on y), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportab a interest ano eividenci accounts opened after 1983 only,. Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships an page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TLN to a requester, you are subject to a pena,ty of $50 for each sucn failure unless your failure is due to reasonable cause and not to wilul neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully fas tying certifications or affirmations may subject you to criminal penalties including fires and/or imprisonment. Misuse of TINs. If the recuester discloses or uses TINs ,n v,olation of federal law, the requester may be subject to civil arid criMnal penalties. Specific Instructions Name If you are an individual, you must generals, enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage withoet informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. if the account s n joint names, list first and then zercie, the name of the person or entity whose number you entered in Part I of the form_ Sole proprietor, Enter your individual name as shown on your income tax return on the "Name" Lne, You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company ILLC). Check the "Limited liabillty company' box only and enter the appropriate code for the tax classification ("D" for disregarded entity, "C" for corporatoen, "P'' for partnership) in the space provided. For a single-member LLC (including a fore ign LOC with a domestic owner) that is disregarcied as an entity separate from its owner under Regulations section 301.7701-, enter the owner's name on tre "Name" line. Enter the LLC's name on the "Business name" fine. For an LLC classited as a partnershiu or a corporatioo, enter the LLC's name on the "Name" line and any business, trade, or Df3A name on tne "Business name" Ime. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should maton the name shown on the charter or other iega document creating the entity. You may finite- any business, trade, or 03,4 natne on the "Business name" line. Note. You are requested to check the appropriate oox for your status (!ndirduesole proprietor, corporation, etc.), Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line folowino the business name, sign and date the form, Page 3 Generally, individuais (nceeeng so.e proprietors) are not exempt from backup witheo!ding: Corporations are exempt from backup withholdlng for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you shculd still complete this form to avoid possible erroneous backup withholding. The eel:owing payees are exempt from oackup withholding: 1. An organization exempt from tax under section 501(a, any IRA, or a custocial account uncer section 403(b)(7) if the account satisfies the requeernents of seetion 401 (fp), 2. The Ureted States or any of it5 agencies or instrumentalities, 3, A state, the D:strct of Columbia, a possession of tne United States, or any of their polit cal subdivisions or instrumentalities, 4, A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withhold:rig include: 6. A corporation, 7. A foreign central bank of issue. 8. A dealer in secuetes or commodities required to register in the United States. the District of Columbia. or a possession of the United States. 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An enety reg]stered at at tmes during tee tax year under the Investment Company Act of 1945, 12. A common trust fund operated by a bane under section 584(a), 13. A financial institution. 14. A middleman known in the investment community as a nominee or custociian. or 15. A trust exempt from tax under section 664 or described In section 4947. The chart below snows types ut payments tnat may be exempt from baceup withholding. The Gnarl applies to the exempt payees listed above, 1 through 15. I THEN the payment is exempt for Interest and dividend payments All exempt payees except fo, 9 Exempt payees 1 through 13. Also, a person registered Under the investment Advisers Act of 1940 who regularly acts as a broke- Barter exchange transactions Exempt payees 1 through 5 and patronage divide1ds Payments over $600 rewired to be reported arid direct sales over S5,000' See Form 1099-RISC., Race laneou5 income. and ft instructions. However. the fallowing pay-^o^ts mace 'r,o a corporet.on gross proceeds paid to an attorney under secton 6045('t, even 1 the attorney is El corweticr) and reportable on Form 1099-M55 we not exempt from backup withhofeingf medical and !web care payment, attorneys fees, alb payments for services paic by a federai execkave agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resicent alien and you du not have and are not eiigiele to get an SSN, you" TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you co not have an ITIN, see How to get a TIN below. If you are a sole proprietor ens you have an EIN. you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LeC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner's SSN tor EIN, if the owner has one). Do not enter the disregarded entity's EN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apper for one immediately. To apply for an SSN, get Form 59-5.. Application for a Social Security Card, from your local Soclal Security Admin'stration office or get this form online at wweessa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Inolvidual Taxpayer Identifieation Number, to apply for an !TIN, or Form SS-4. Application for Employer Identification Number, to apply for an EIN. You can appiy for an EIN online by accessing the IRS website at wwwirs.govlbusinesses anC clicking on Employer Identificatior. Number (EN) under Starting a Bustness. You can get Forms W-7 and SS-4 from the IRS by visiting www.irs_gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a T1N. write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For Interest and divieend payments, and certain payments made wite respect to readily tradable instruments, generality you will have 60 says to get a TIN arid give it to the requester before you are subject to backup wehnolciing on payments. The 60-day rule does riot apply to other types of payments. You will be subject to backup withho:ding on all such payments untii you provide your TIN to the requester. Note. Entering "APplied For" means that you have already applied for a TIN or that wee intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the ap,orobriate Form W-8. Part II. Certification To establish to the withhoiding agent that you are a U.S. person, or resident alien. sign Form W--9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 be'ow incicete otherwise. For a joint account, only the person whose TIN ie shown in Part I should sign (when requ red). Exempt payees, see Exempt Payee on page 2. Signature requirements. Complete tre certification as indicatee 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, out 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 sign the certification or backup withholding will apply. If you are subject to backup withhold.ng and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before swing the form. IF the payment is for. Broker transactions Generally, exempt payees 1 (Tough 7 Give name arid SSN ot The individcal The actual owner of the account or, if combined funds, the first individual on the aCcoun1. The minor m graritcr-austee The anua owner The owner Give name and EN of: The ow-or Legal entity The corporation The OrDon:Zaton The partnerstrP The broker or nominee The pubic entity 3. Real estate transactions. You must s:gn the certifIcat on, You may cross out Item 2 of the certification_ 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" "noluce payments made in the course of tr'e requester's trace Or bust-less for rents, royalties, woos (other than bills for meronanchse), medical and health care services (including payments to corpora:ions), payments to a nonernployee for services, payments to certain fishirg boat crew members and fishermen, and gross proceeds paid to attorneys (inc udlng 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. Coyerdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account 1. Ineividual 2 Two or more individua s (joint OCCOUnt.) 3 Custodian account of a minor (Jnifcfrn aft to Minors Act) 4. a. Thu usual revocable savings trust (grantor is also trustee) b. So-caled trust account that is not a legal or voile trust under State law 5. Sole proOnetotsh,p or disregarded entity owned by an individua For this type of aonount 6. Disregarded entity rot owned by an irdivtdual 7. A valid trust., estate. or persion trust B. Corporate oi• LLC e.ect corporate status on Form 9832 9. Association, dub reiigioua, charitable. educationai, or other tax-exempt orgartzat on 10. Partriersn p or mJiti -member LLC 1. A brolcer or regstered norniitee 12. Account w-th the Department of Agriculture in the name of a PuOilc entity (such as a state Or inza government, Settdd district, or prison) that receives agricuitaroi program Payments 'List first end circle the name of lire person whose number you furnish 11 or.y one person on a .141A aC•Cotall has 5r S5N, the% uteson's norrtier Must be lerrrshed. C4100 Oa nehor's name end turnien its -Wnor's 85N. You Meal show your Individual name erel yOu may niso ante, yotr Ou5,1105,5 or "Diarii' name ix', the SOCOnd name line, Yot may t.se wirer your 55r1 or EiN ft you have Mal. Oil trio ik3 er;ourages you ID rise yaiii ..tst 'irs' and eirde the rain D ." the trust. Of nension trust (Do not turnish the To% of the nersphal feeresernove t.USLOC unless Iris ego. entity itsts' i5 101 CIUSVIaled the account tt'e.} Nee see Spec& PADS .67' ofirtrvrOlus up page 1. Note. lf rio r.arne is circled when more than one name is listed, the number w.li be considered to oe that of the first name listed. Page 4 Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal informatiol such as your name, social security number (SSN), or other identifying information, witnout your permission, to commit fraLIO or other crimes. An identity thief may use your SSN to get a job or may He a tax return using your SSN to receive a refund. To reduce your risk! • Protect your SSN, • Ensure your emboyer is proteang your SSN, and • Be careful when choosing a tax preparen Call the IRS at 1-HO-829-1040 if you think your icentity has been used inauproprately for tax purposes. Victims of identity theft wno are experiencing economic harm or a system problem, or are seekrng help ir resolving t-ax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS tot -free case intake The at 1 -877-777-4778 or ITY/TDD 1-8130-829-4058. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation tine use of email and websites designed to mimic iegitimate business emails anc websites. The most common act is senoing an email to a user fa'sely claiming to be an established legitimate enterprise :n an attempt to scam the user into surrendering pnvate information that will be used far identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal Cetaied information through emai, or ask taxpayers for the PIN numbers : passworos, Or similar secret access information for the credt card, bank, or other financial accounts. If you receive an unsolicited email claming to be from the IRS, forward this message to phishongOrs.gcv. You may as' report misuse of the IRS name, logo, or other IRS persona property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. Yoa can forward suspicious entails to the Federal Trade Commission at: sparn@uce.gov or contact them at www.consomertgov/kitheft or 1-877-IDTHEFT(438-4038). Visit the IRS website at wwwirs.goP to learn more about identity theft and how to reduce your risk. Privacy Act Notice Sect on 6109 of the Internal Rever.ie Code reouires you to prov4e your correct TIN to nersons who mast file Iinformation returns with the iRS to ropon interest. dividends, and certain other ircomor Paid to you, mortgage interest you Dad, the acquisition Of abandOnm poentsesof saonodurteodnpre ipooveertriyN, onaenco !ation of debt, Or contributors you mace to an IRA, or Archer MSA or hiSA, The IRS uses the numbers tor identifiCation Du accuracy ol your tar return, The IRS may aso provide this information to re Departmet of Justice for civil and or mine lit gat on, and to cities, states the De.riet o Co1u7vD4a., and Li.S. possessions to carry out their tax laws. We may a,so disclose this information to other countries under a tax treaty. to federal anc state ager.6es to enforce tedara nortax erminel laws, or to fedora low erforcement and intelligence agencies to combat terrorism. Yoe must provide your TIN whether or not you are recu'red to fie a tax return. Payers must generaliy w,thhold 29% of taxable interest. div dent, and certa n other payments to a payee who does rot give a TIN to a payer. Certain penalies may also apply. September 1, 2G10 FISCAL NOTE (11SC . #10211) BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - ACCEPTANCE FOR 2009 MICHIGAN CITIZEN CORPS PROGRAM GRANT - OAKLAND COUNTY 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 Oakland County grant funding in an amount up to. but not exceeding $27.175 as reimbursement for quaMiecl expenses related to the Michigan Citizen Corps Program. 2. The grant funds cover the period of August 2009 through April 30. 2012. 3 The grant award is an increase of $15,854 over the prior year grant award of $11,321, 4. The funds wil be used to establish Citizen Corps Councils to support the oversight and outreach functions of the councils and to expand CERT training essential for developing the Cit zen Corps. 5. The Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant. 6. The FY 2010 Budget is amended as follows to reflect the grant award: Fund 29330 GR0000000513 Revenues 1060601-115096-610313 FY 2010 Federal Operating Grants $27,175 Expenditures 1060631-115096-750154 Expendable Equip. $27,175 $ 0 CE COl 1- 1-1110 Finance Committee Vote: Mot:_ton carried unanimously on a roll ;all vote Resolution #10211 September 1, 2010 Moved by Nash supported by Gosselin the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray. Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. I WEN A ") E TjjafiEGOING RESOLUTION (91/ STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 1, 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 1st day of September, 2010. eat Ruth Johnson, County Clerk