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HomeMy WebLinkAboutResolutions - 2011.03.09 - 15534MISCELLANEOUS RESOLUTION # 1 104 6 March 9,2011 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — ACCEPTANCE FOR 2010 HOMELAND SECURITY GRANT PROGR;j1, CITIZEN CORPS PROGRAM GRANT TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2010 State Homeland Security Grant Program, Citizen Corps 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 $23,023 for the period of August 1, 2010 to April 30, 2013; and WHEREAS the 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 Executive 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 $23,023. BE IT FURTHER RESOLVED that the chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT Motion carried unanimously on a roll call vote with Hatchett absent. Page 1 of 4 Brandon Lewis From: Piir, Gaia [piirg©oakgov.com ] Sent: Wednesday, February 09, 2011 4:46 PM To: 'Lewis, Brandon'; 'Phelps, Jeff' Subject: GRANT REVIEW SIGN OFF - Homeland Security - 2010 Citizen Corps Grant Program - Grant Acceptance • NT REVIEW SIGN OFF — Homeland Security GRANT NAME: 2010 Citizen Corps Grant Program FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Brandon Lewis 248-858-1598 STATUS: Grant Acceptance DATE: February 9, 2011 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be place 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 (2/4/2011) Department of Human Resources: Approved. — Karen Jones (2/7/2011) Risk Management and Safety: Approved. — Andrea Plotkowski (2/8/2011) Corporation Counsel: After reviewing the above-referenced grant agreement, I found no legal issues that must be resolved before it is executed. — Jody S. Hall (2/8/2011) 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) http://www.Eiccess.g,po.govinaralcfr/waisidx _06/44c ft- 1 3 06.html Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFR Part 225) hrtp://www.access.gpo.u.ovinara/cfr/waisidx 08/2cfr225_08.html Federal Office of Management and Budget (01V1B) Circular No. A-87, A•102, and A-133 2/17/2011 Page 2 of 4 http://www.whitehouse.govlornb/cicculars/index.html NIMS Compliance (National Incident Management System) http://www.fema.gov/emergencyinints/ Single Audit Act of 1984 (with amendments in 1996) http://www.whitehouse.govlombifinancial/firLsingle audit.htral Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness hup://www.ferna.gov/pc117emergency/nims/nims executive order _1 3347.pdf Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d) http://www.uscloj.gov/crt/coricoorcl/titlevistat.htm Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.lcvis [ature.mi.uov/(oci3lxgeltinuj5z5572iii wv45)/m leg.aspx?pagc--tgetobject&ob ectnamc=mcl-Act-453-01- I 97o&queryid— [4718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" lutp://www.legislaturesni.gov/(uO1vJeltnirj5z55z2uiwv45)/mileg.aspx7page —getobjeet&objectuarne —rucl-Act-220-o 0 I 976&queryid= I 4718.589 Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980 Imp://www.legisl ature.mi.gov/(S(ealragy4unclOvhlOs21355 ))/mi leg.avx?page=getObject&objectName=mcl-Act-278-of- 1980 Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29) http://ecfr.gpoaccess.govlegilt/text/text-idx?c=ecfr&tpl---/ecfrbrowsc/Title06/6cfr29_main 02.tpl Department of Homeland Security -- Protection of Sensitive Security Information (49 CFR Part 1520) htip:i/wwwaccessgpo.gov/nara/cfr/waisidx 04/49cfr I 520_ 04.html Executive Order 12372 - Intergovernmental review of Federal programs Imp://www. fws.gov/pol icy/I ibrary/rgeol2372,pdf US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.aecess.gpo.gov/nara/cfr/waisidx 04128c frv2_04.1-Urnl Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) http://www.access.gpo.gov/nan/cfr/waisidx 01/28c 1i-18_01.111ml Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) lutp://www.access.gpo.govinara/cfr/waisidx 04/28cfr22_04.htm Criminal Intelligence Systems Operating Policies (28 CFR, Part 23) lutp://www.access.gpo.gov/nara/cfr/waisiclx_04/28efr23_04.1 -aral Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) IN)17 \VWW.access.gpo.gov/nara/c fr/w aisidx_01/28cfr30_0 1 .fitinl Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) http://www ,access.gpo.govinara/cli-/waisidx_01/28cfr35_01.htiul Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://www.uscloj.gov/ovw/docs/asgmernorcimplernentationot28eftpart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) littp://w ww.access.gpo.gov/naralcfr/waisi dx 01/28cfr42_01.hitu 2/17/2011 Page 3 of 4 Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) 1-atp://www.acce.gpo.p.vintiralcfriwaisidx_01/28cfr61_01.11tml Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) hap://www.access.gp..govi.m1m/cfr/waisidx_01/28cfr63, j) I .1.7t.tp1 National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.nps..gov/bistory/local-law/nhpal.966.11tm Executive Order 11593— Protection and enhancement of the cultural environment http://w ww.gsa..a.ov/PortaI/gs.4./e.pl.cppt.0 iewdo.7cowentType—GSA_BA S I C8zoontentkl-12094 Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469) hp://www.npsgovrhistory/1oc1awJFHPArchHisiPrpdf The National Environmental Policy Act of 1969 (42 U.S.C. 4321) littp://www.Repa.sovinepa/regshepainepaegla.btol Omnibus Crime Control and Safe Streets Act of 1968 http://www.usdo.j.goy/co,/split/42usc3789cIlitni Victims of Crime Act (42 USC Section 10604) Ilttp://www.uscioj.gov/crticor/byagcmcy/d41Q604.htm Juvenile Justice and Delinquency Prevention Act bit.p://oj jcipolcjrs.orglaboutijjdpa2002titicv.pc117 Federal Civil Rights Act of 1964 littp://ww nA,.usdQ.j.gov/crtipor/indcx.htm The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) http://www.dol.gov/oasamlrep/statutes/sec504.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101) h((p://www ,4da,Rov/pubs/.ada,htoi The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) http://www.wloj.gov/crticor/coord/titleixstat.htin Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 http://www.doHoy/.oasvairegs/statutesiage_act.htm Executive Order 13279- Equal Protection of the Laws for Faith-based and Community Organizations http://www.whitehouse.gov/news/release.s/2002/ I 2/20021212-6. html U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 htt1ui/www.fliwa.dot.gov/rea1estatc/acthtm Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.aov/hatchact.hm Restrictions on Lobbying (28 CFR part 69) hap://www.access.rzpo.govhara/cfr/w4isidx_04/28cfr69 04.11tml Executive Order 12549 — Debarment and Suspension llttp://www.archives..go.y/fecieral-register/codificati.on/executiy-p.r:cier/12549..litm I Government-Wide Debarment and Suspension (28 CFR, Part 67) http://w\w.aecessgpo.gov/naFa/cfrwaisidc0428Cfr67Jl4.htmI 2/17/2011 Page 4 o14 Drug-Free Workplace Act of 1988 Emp://frnvebgate.access.gpo.govicgi-bin/getcloc.cgi?dbname=hrowse use&docid—Cite:-141USC701 Gaia V. Piir Grants Compliance and Programs Coordinator Oakland County Fiscal Services Division Phone (248) 858-1037 Fax (248) 858-9724 piirg@oakgov,com 2/17/2011 State of Michigan 2010 Ecrneland Security Grant Program Grant Agreement for Citizen Corps Program August 1,2010 to April 30, 2013 CFDA Number: 97.067 Grant Number: 2010-SS-T0-0009 This fiscal year 2010 (FY 2010) Homeland Security Grant Program Citizen 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. The funding under this grant agreement will be allocated to the Subgrantee from the COP allocation to the State of Michigan. COP 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. II. 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. Neighborhood Watch/USA on Watch 4. Volunteers in Police Service (VIPS) 5. Fire Corps For guidance on allowable costs and program activities, please refer to the FY 2010 HSGP Guidance and Application Kit, located at http://www.fema.gov/pdf/government/grant/2010/fy10_hsgp_kit.pdf . Part IV. E. of the guidance contains details of allowable costs while Part VIII includes an allowable cost matrix for the FY 2010 HSGP-CCP grant. To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Homeland Security Preparedness Committee, has created a list of priority projects which the Subgrantees shall support with their 2010 HSGP funds. These projects were derived from the 11 Investment Justifications developed by EMHSD that are to be implemented at the regional/local level. Additional information is provided in the Michigan FY 2010 HSGP Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY 2010 HSGP funds. Subgrantees must consider the needs of local units of government, tribal governments, and applicable volunteer organizations in the projects and activities included in their FY 2010 HSGP application. III. Statutory Authority Funding for the FY 2010 HSGP-CCP is authorized by the Department of Homeland Security Appropriations Act, 2010 (Public Law 111-83); the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53); and the Homeland Security Act of 2002 (6 U.S.C. §101 et seq.). The Subgrantee agrees to comply with all HSGP-CCP program requirements in accordance with the FY 2010 HSGP-CCP Guidance. The Subgrantee also agrees to comply with the following regulations: FY 2010 HSGP-CCP Grant Agreement County of Oakland Page 2 of 8 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.gov/cgi/t/text/text- idx?c=ecfr&tp1=/ecfrbrovvse/Title44/44cfrl 3_main_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 Circular A-110), located at http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sid=5f90b818356757091bb65ea93f163c6a&tp1=/ecfrbrowse/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 http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&tp1=/ecfrbrowse/Title02/2cfr225_main_02.tpl 2. 2 CFR, Part 220, Cost Principals for Educational Institutions (OMB Circular A-21), located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=2:1.1.2.3.4&idno=2 3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB Circular A-122), located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl---/ecfrbrowse/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.acq uisition.gov/far/htm I/Su bpart%2031_2. html#wp1095552 C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://www whitehouse.gov/omb/circulars/a133/a133.html IV. Homeland Security Grant Program Award Amount and Restrictions The COUNTY OF OAKLAND is awarded $23,023.00 under the FY 2010 HSGP-CCP. This grant agreement designates CCP funds only for reimbursement of authorized costs that are incurred during the FY 2010 grant agreement period. Grant agreement funds shall not be used for other purposes. Allocations for the FY 2010 HSGP-CCP have been determined on a regional basis through a funding methodology consistent with current Department of Homeland Security (DHS) guidance. No FY 2010 HSGP-CCP grant program funds may be used to support a project that will include access to classified national security information where the Subgrantee has not been approved for access to this information. For the definition of "classified national security information" see federal Executive Order (E0) 12958, as amended, located at http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.htrnl . Where a Subgrantee has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS Standard Operating Procedures, Classified Contracting by States and Local Entities, dated July 7, 2008; E0s 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at http://wvvw.dhs.gov/xopnbiz/grants/index.shtm. For any activities involving construction, demolition, or installations of equipment, an Environmental and Historic Preservation (EHP) Review must be completed prior to any work being done. EHP reviews are also required for certain training and exercise activities. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal funding. FY 2010 HSGP-CCP Grant Agreement County of Oakland Page 3 of 8 V. Responsibilities of the Subgrantee FY 2010 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. Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit. The Subgrantee may be required to supply documentation certifying that it did not reduce non-federal funds because of receiving federal funds. Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs. The Subgrantee agrees to comply with all applicable federal and state regulations, including, but not limited to, the following: A. In addition to this FY 2010 HSGP 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. Compliance with Federal Special Grant Condition Related to Trafficking Victims Protection Act of 2000 6. Other documents that may be required by federal or state officials B. The FY 2010 HSGP-CCP covers eligible costs from August 1, 2010 to April 30, 2013. Please refer to the FY 2010 HSGP Guidance and Application Kit, located at http://www.fema.gov/pdf/government/grant/2010/fy10 hsgp_kit.pdf for a detailed list of what costs are eligible under this grant. Allowable costs are specifically addressed in Part IV.E, of the federal grant guidance. C. Make all purchases in accordance with federal and state grant guidance and local purchasing policies. D. Submit project applications, which have been prepared and approved by the Homeland Security Regional Board, to the Subgrantor for evaluation and approval of projects prior to starting a project. All projects must meet DHS and Subgrantor grant guidelines and must directly support one of the required projects from the regional supplemental guidance, and at least one of the 37 target capabilities. Projects should be coordinated with Regional Homeland Security Board activities and strategies. 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 all costs determined to be ineligible by the Subgrantor or DHS. F. Within 30 days of the end of the Subgrantee's fiscal year, the Subgrantee must supply a document to 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. G. Create and maintain an inventory of all equipment purchases in accordance with 44 CFR Part 13.32(d)(1), located at http://eCFR.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&tp1=/ecfrbrowse/Title44/44cfr13_main_02.tpl . Within 30 days of the end of the Subgrantee's fiscal year, the Subgrantee must supply a copy of this inventory to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910- 5883. An Equipment Tracking Form is available to assist the Subgrantee in meeting these requirements. The form is located at http://www.michigan.gov/msp/0,1607,7-123-1593_3507_41574-214684--,00.html . The Subgrantee is advised that, when practicable, any equipment purchased with grant funding shall be FY 2010 HSGP-CCP Grant Agreement County of Oakland Page 4 of 8 prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security". H. Make FY 2010 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 legal transfer of the equipment to the designated government agencies. At minimum, the Subgrantee should prepare documents, which when signed, will indicate other designated government agencies accept full legal and financial responsibility for pieces of equipment. I. The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it to the Subgrantor at a minimum at the end of each quarter (or more frequently, as needed). Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion. Please refer to the Reimbursement Guidance included with each of the reimbursement forms. The Reimbursement Cover Sheet and other reimbursement forms can be found on the EMHSD website, located at http://www.michigan.govimsp/0,1607,7-123- 1593_3507_41574-214684--,00.html. The Subgrantee will not be reimbursed for funds until all required signed documents and reimbursement documents are received. J. Submit quarterly progress reports to the Subgrantor on the status of all approved projects. The due dates for quarterly progress reports are detailed in Section VII of this agreement. K. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (BSIR). The BSIR is due within 20 days after the end of the reporting period. The due dates for the BSIR are on January 20, 2011, July 20, 2011, January 20, 2012, July 20, 2012, January 20, 2013, and July 20, 2013. 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 2010 HSGP-CCP award period. L. The Subgrantee is required to comply with National Incident Management System (NIMS) requirements to be eligible to receive FY 2010 federal preparedness funds awarded through the Department of Homeland Security. NIMS information is available at http://www.fema.gov/emergency/nims. M. Comply with applicable financial and administrative requirements set forth in the current edition of 44 CFR, Part 13 including, but not limited to, 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, statistical records, supporting documents, and other materials pertinent to the FY 2010 HSGP-CCP for at least three years after the grant is closed by the awarding Federal Agency, for purposes of federal and/or state examination and audit. 3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as further described in 44 CFR, Part 13. N. Integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347. 0. Environmental and Historic Preservation Compliance: The federal government is required to consider the potential impacts to the human and natural environment of projects proposed for federal funding. The Environmental and Historic Preservation (EHP) Program engages in a review process to ensure that federally-funded activities comply with various federal laws. The goal of these compliance requirements is to protect our nation's water, air, coastal, wildlife, agricultural, historical, and cultural resources, as well as to minimize potential adverse effects to children and low-income and minority populations. The Subgrantee shall not undertake any project having the potential 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 be eligible for federal funding. FY 2010 HSGP-CCP Grant Agreement County of Oakland Page 5 of 8 VI. Responsibilities of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this grant agreement, will: A. Administer the FY 2010 HSGP-CCP in accordance with all applicable federal and state regulations and guidelines and provide quarterly reports documenting this administration. B. Provide direction and technical assistance to the Subgrantee. C. Provide to the Subgrantee any special report forms and reporting formats (templates) required for operation of the program. D. Reimburse the Subgrantee, in accordance with this grant agreement, based on appropriate documentation submitted by the Subgrantee. E. Independently, or in conjunction with DHS, conduct random on-site reviews with Subgrantee(s). VII. Reporting Procedures Submit quarterly progress reports to the Subgrantor on the status of all funding. Quarterly progress reports are required whether or not expenditures are incurred. The Subgrantee's failure to fulfill quarterly reporting requirements, as required by the grant, may result in the suspension of grant activities until reports are received. Reporting periods and due dates for each year are as follows: January 1 through March 31; Due April 30 April 1 through June 30; Due July 3/ July 1 through September 30; Due October 31 October 1 through December 31; Due January 31 Quarterly reports are to be submitted by the end of the month following the end of each quarter. The first quarterly progress report for the FY 2010 HSGP-CCP grant is due on January 31, 2011. Reports are to be sent electronically to emd_hsgp@michigan.gov . 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. VIII. Payment Procedures The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit these to the Subgrantor at a minimum at the end of each quarter (or more frequently, as needed). Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion. Please refer to the Reimbursement Guidance included with each of the reimbursement forms. The Reimbursement Cover Sheet and other reimbursement forms can be found on the EMHSD website at http://www.michigan.gov/msp/0,1607,7-123-1593_3507_41574-214684--,00.html . The Subgrantee will not be reimbursed for funds until all required signed documents and reimbursement documents are received. Drawdown of Funds in Advance: Subgrantees 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 FY 2010 HSGP-CCP Grant Agreement County of Oakland Page 6 of 8 Subgrantee must complete a letter stating the reason they are requesting an advance; 2) The Subgrantee must submit a copy of an approved purchase order showing the delivery date for the items ordered to be within 120 days of the purchase order date; 3) These funds must be placed in an interest-bearing account. The Subgrantee may keep interest up to $100 per year (CFR44, part 13.21i) 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: MSP/EMHSID, Financial Section, 4000 Collins Road, Lansing, Ml 48910. The Subgrantee must also 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 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 performance of this grant agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment; or any matter directly or indirectly related to employment because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantee agrees to include in every subcontract entered into for the performance of this grant agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the grant agreement. The Subgrantee shalt ensure that no subcontractor, manufacturer, or supplier of Subgrantee on this Project appears in the register compiled by the Michigan Department of Energy, Labor, and Economic 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, located at www.epls.gov . X. Limitation of Liability Subgrantor and Subgrantee to this grant agreement agree that each must seek its own legal representative and bear its own costs, 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. Xl. Third Parties This grant agreement is not intended to make any person or entity, not a party to this grant agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. XII. Grant Agreement Period This grant agreement is in full force and effect from August 1, 2010 to April 30, 2013. No costs eligible under this grant agreement shall be incurred before the starting date of this grant agreement, except with prior written approval. This grant agreement consists of two identical sets, simultaneously executed; each is considered an original having identical legal effect. This grant agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the grant agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use, and the Su bgrantor shall have no further obligation to reimburse the Subgrantee. FY 2010 HSGP-CCP Grant Agreement County of Oakland Page 7 of 8 XIII. Entire Grant Agreement This grant agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between Subgrantor and Subgrantee, whether expressed, implied, or oral. This grant agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Section XII above. No party to this grant agreement may assign this grant agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates, budget, or services indicated in this grant agreement, as well as changes of address or personnel affecting this grant agreement. Changes in dates, budget, or services are subject to prior written approval of Subgrantor. If any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant agreement shall remain valid. The Subgrantor may suspend or terminate subgrant funding, in whole or in part, or other measures may be imposed for any of the following reasons: • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failure to follow grant agreement requirements or special conditions. • Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding. • Failure to submit required reports. • Filing of a false certification in the application or other report or document. • Failure to adequately manage, monitor or direct the grant funding activities of their subrecipients. Before taking action, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIV. Business Integrity Clause The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to the application for or performance of a state, public, or private grant or subcontract; or convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under state or federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity. XV. Freedom of Information Act (FOIA) Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement-sensitive or otherwise critical to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. The Subgrantee should be familiar with the regulations governing Protected Critical Infrastructure Information (6 CFR Part 29) and Sensitive Security Information (49 CFR Part 1520), as these designations may provide additional protection to certain classes of homeland security information. Deputy State Director of Emergency Management and Homeland Security Title W. Thomas Sands, Captain Printed Name 4614/ Signa ure Date FY 2010 HSGP-CCP Grant Agreement County of Oakland Page 8 of 8 XVI. Official Certification For the Subqrantee The individual or officer signing this grant agreement certifies by his or her signature that he or she is authorized to sign this grant agreement on behalf of the jurisdiction he or she represents. The Subgrantee agrees to complete all requirements specified in this grant agreement. County of Oakland Name of Jurisdiction Printed Name Title Signature Date For the Subqrantor (Michigan State Police, Emergency Management and Homeland Security Division) 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 conflicl nf interest, nr persnnal gain. 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22;23; 30, 35, 38, 42, 61, and 63. 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C.§ 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(c)); 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 seq.), 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 regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement, 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have 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 funds have been paid or will be paid to any person for influencing or at- tempting 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 connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this 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 at sub- recipients shall certify and disclose accordingly. 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 prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, 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 of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not 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 shall 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 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, 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 violation of such prohibition; (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 policy of maintaining a drug-free workplace; (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; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061;2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check [jj if there are workplaces on file that are not indentified (e) Notifying the agency, in writing ; within 10 calendar days here. after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice, including fiscal year. A copy of which should be included with each ap- position title, to: Department of Justice, Office of plication 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. N.VV., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; Check D if the State has elected to complete OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(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 and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988, and 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 67.620— (2) Requiring such employee 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- ment, or other appropriate agency; sion, or use of a controlled substance in conducting any (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a (c), (d), (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 10 calendar days site(s) for the performance of work done in connection with of the conviction, to: Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531. Place of Performance (Street address, city, county, state, zip code) 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 and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date *U.S. Government Printing Office: 1996- 405-037/40014 For MSP-EMD Use Only Reviewed By: EMD-053 (03-2004) MICHIGAN STATE POLICE Emergency Management & Homeland Security Division STATE OF MICHIGAN A_UTT CERTIFICATION Federal Audit Requirements Fiscal Years Beginning After June 30, 1996 Non-Federal organizations which expend $500,000 or more in Federal funds during their fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget (OMB) Circular A-133. Subgrantees must submit a copy of their audit report to: Budget and Financial Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634 for each year they meet the funding threshold. Program: FY 2010 Homeland Security Grant Program CFDA Number: 97.067 Subgrantee Information Jurisdiction Name: Street Address: City, State, Zip Code: Certification for Fiscal Year Ending (mm/dd/yyyy): (Check appropriate box) ri 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. n 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 copy of the audit report will be submitted to: Budget and Financial Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634. (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 Date: Authority: Act 390, P. A. of 1976, as amended Completion: Voluntary, but completion necessary to be considered for assistance. Social security number Or Employer identification number Form W-9 Request for Taxpayer Give form to the (Rev. October 2007) identifization Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal f : .enue Surece• Name (as shown on your income tax return) a) Business name, if different from above a o ,___, o Check appropriate box: Individual/Sole proprietor Li Corporation 1111 Partnership a Exempt IIII Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) 0.- E payee o2 M Other (see instructions) Address (number, street, and apt. or suite no.) Requester's name and address (optional) 6: 0 F o City, state, and ZIP code a) a CP su., List account number(s) here (optional) U) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting fora 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 IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends 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 Here Signature of U.S. person n General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding 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 substantially similar to this Form W-9. Date n Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or 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 Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding 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 is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United 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 the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Form W-9 (Rev. 10-2007) Cat. No. 10231X Form W-9 (Rev. 10-2007) Page 2 O The U.S. grantor or other owner of a grantor trust and not the trust, and o The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-B (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may 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 alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese strident who qualifies for this exception (under paragraph 2 of the first protocol) and is relying 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 inciudes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make 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 TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to Willful neglect. Civil penalty 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 falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil arid criminal penalties. SpecificTstructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without 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 is in joint names, list first, and then circle, 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" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). Check the "Limited liability company" box only and enter the appropriate code for the tax classification ("D" for disregarded entity, "C" for corporation, "P" for partnership) in the space provided. For a single-member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's name on the "Name" line and 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 should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (individual/sole 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 following the business name, sign and date the form. Form W-9 (Rev. 10-2007) Page 3 Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political 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 withholding include: 6_ A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of 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 entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for. .. THEN the payment is exempt for ... Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions Exempt payees 1 through 5 and patronage dividends Payments over $600 required Generally, e),(empt payees to be reported and direct 1 through 7 sales over 85,0001 'See Form 1099-MISC, Miscellaneous Income, and its instructions. However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(f), even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, and payments for services paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. It you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an E1N, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSII. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner's SSN (or FIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's FIN. 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, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.goy. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an FIN. You can apply for an EIN online by accessing the IRS website at www.irs.govibusinesses and clicking on Employer Identification Number (FIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting www.irs.goy 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-TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9, You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Form W-9 (Rev. 10-2007) Page 4 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must dye 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: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint i he actual owner of the account or, account) if combined funds, the first individual on the account' 3. Custodan account of a minor The minor' (Uniform Gift to Minors Act) 4. a. -I he usual revocab:e savings The grantor-trustee ' trust (grantor is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner entity owned by an individual For this type of account: Give name and E N of: 6. Disregarded entity not owned by an The owner individual 7. A valid trust, estate, or pension trust Legal entity ' 8. Corporate or LLC electing The corporation corporate status on Form 8832 9. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 10. Partnership or multi-member LLC The partnership . 11. A broker or registered nominee The broker or nominee 12. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments I 'List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. Circle the minor's name and furnish the minor's SSN. 'You must show your individual name and you may also enter your business or "DE3A" name on the second name line. You may use either your SSN or SIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. Call the IRS at 1 -800-829-1 040 if you think your identity has been used inappropriately for tax purposes. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax 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 toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in 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 via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, 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 the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.consumergovfidtheft or 1-877-IDTHEFT(438-4338). Visit the IRS website at www.irs.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or RSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. Compliance with Federal Special Grant Condition Related to Trafficking Victims Protection Act of 2000 The Subgrantee must certify that they have reviewed the following special grant condition. The special condition requires compliance with the Trafficking Victims Protection Act of 2000, as amended. This condition specifies that the federal government may unilaterally terminate grant awards to the Subgrantee in case of non-compliance. A. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients; employees may not' a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity: a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either: I. Associated with performance under this award; or ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), as implemented by our agency at 2 CFR Part 3000. B. Provisions applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: 1. Is determined to have violated an applicable prohibition in paragraph A.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph A.1 of this award term through conduct that is either: a. Associated with performance under this award; or b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), as implemented by our agency at 2 CFR part 3000. C. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and b. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph A.1 of this award term in any subaward you make to a private entity. D. Definitions. For purposes of this award term: 1. "Employee" means either: a. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or b. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity" means; a. Any entity other than a State, local government, Indian Tribe, or foreign public entity, as those terms are, defined in 2 CFR 175.25. b. includes: i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b). ii. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). The individual or officer signing this grant agreement certifies by his or her signature that he or she is authorized to sign this grant agreement on behalf of the jurisdiction he or she represents. The signing individual or officer certifies that he or she has reviewed the special condition for compliance with the Trafficking Victims Protection Act of 2000 on behalf of the jurisdiction he or she represents. Printed Name Title Signature Date FISCAL NOTE (MISC . #11046) March 9,2011 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — ACCEPTANCE FOR 2010 MICHIGAN CITIZEN CORPS PROGRAM GRANT — OAKLAND COUNTY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies arid 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 reimbursement for qualified expenses up to, but not exceeding $23,023 for the period of August 1, 2010 through April 30, 2013. Prior year funding was $27,175, a decrease of ($4,152). 2. Funding will go towards programs to increase domestic preparedness among members of the community and will be used to continue fund the Citizen Corps Councils to support the oversight and outreach functions of the councils and to expand CERT training essential for developing the Citizen Corps. 3. The Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant. 4. The FY2011 Budget is amended for the acceptance of the Michigan Citizen Corps Program (CERT) as follows: FEMA GRANTS (Fund 20330) FY 2011 FY2011 Budget Reference 2011 / GR0000000xxx Adopted Amended Budget Amendment Budget Revenue 1060601-115096-610313 Federal Operating Grants $27,175 ($4,152) $23,023 Total Revenue $27,175 ($4,152) $23,023 Expense 1060601-115096-750154 Expendable Equip. $27,175 _1$4,1521 $23,023 Total Expense $27,175 ($4,152) $23,023 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Runestad absent. Resolution #11046 March 9, 2011 Moved by Scott supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Zack, Bosnic, Covey. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., 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 9, 2011, 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 9th day of March, 2011. L-Q u Bill Bullard Jr., Oakland County