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Resolutions - 2011.06.09 - 18612
June 9,2011 REPORT (misc. #11118) BY: Human Resources Committee, John A. Scott, Chairperson RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION —2010 FEMA STATE HOMELAND SECURITY GRANT ACCEPTANCE TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on May 25, 2011 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human--Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEE VOTE Motion carried unanimously on a roll call vote MISCELLANEOUS RESOLUTION #11118 June 9,2011 By: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION - 2010 FEMA STATE HOMELAND SECURITY GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the State of Michigan for the 2010 Homeland Security Grant Program (HSGP); and WHEREAS the purpose of the HSGP is to provide federal pass-through funds through the Subgrantee to prevent, deter, respond to, and recover from incidents of national significance, including threats and incidents of terrorism; and WHEREAS the State of Michigan has awarded a 2010 Homeland Security Grant to Region 2 which includes, but is not limited, to the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the Michigan Homeland Protection Board created Regional Homeland Security Planning Boards throughout the State to identify and prioritize how the Grant funds will be used; and WHEREAS the Regional Homeland Security Planning Board for Region 2 (UASI Board) is comprised of the representatives from the above-listed Political Subdivisions; and WHEREAS the UASI Board is not a legal entity that can be a subgrantee for the Homeland Security grant or that can manage and distribute the grant funds; and WHEREAS Oakland County has been voted and approved to act as the Fiduciary Agent and Subgrantee for the Board for the FY 2010 HSGP; and WHEREAS the State Homeland Security Grant award for Region 2 is $1,013,146 from the State Homeland Security Grant (SHSP) and $10,785,280 from the Urban Area Security Initiative (UASI) for a total award of $11,798,426; and WHEREAS the Oakland County may retain up to 5% of the total award to fund Management and Administrative costs associated with the program; and WHEREAS the Homeland Security Division requires the continuation of two (2) full-time eligible special revenue Homeland Security-Regional SAP positions to allow Oakland County to continue to participate in regional planning activities; and WHEREAS the appointment of Oakland County as fiduciary and subgrantee for the 2010 State Homeland Security Grant Program requires the continuation of one (1) full-time eligible special revenue Homeland Security- UASI Regional SAP in the Homeland Security Division and one (1) full-time non-eligible (2,000 hours/year) special revenue Buyer II position in the Purchasing Division for Management and Administrative purposes; and WHEREAS the Homeland Security Division is requesting the creation of one (1) full-time eligible special revenue Homeland Security-UASI Regional SAP, one (1) full-time eligible special revenue Business Analyst, and one (1) part-time, non-eligible special revenue Technical Assistant, (1,000 hours/year) to discharge increased fiduciary responsibilities; and WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process; and WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal Agreement and Exhibits to be used for the 2010 Homeland Security Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for the FY 2010 State Homeland Security Grant Program and accepts the grant funds in the amount of $11,798,426 for the period of August 1, 2010 to April 30, 2013 with no county match or in-kind contribution required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland and to approve any grant extensions or changes, within fifteen percent (15%) or the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and Exhibits and authorizes its Chairperson to execute such Agreement and all other related documents between Oakland County and the Political Subdivisions located in Region 2 of the state. GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Hatchett and Nash absent. BE IT FURTHER RESOLVED that the following SR funded positions be continued: Position Number Classification Status 1060601-10519 Homeland Security-UASI Regional SAP FTE 1060601-10296 Homeland Security-Regional SAP FTE 1060601-10520 Homeland Security-Regional SAP FTE 1020401-10521 Buyer II FTNE 2,000 hours/year BE IT FURTHER RESOLVED that the following SR funded positions be created: Department/Division Classification Status 1060601 Homeland Security-UASI Regional SAP FTE 1060601 Business Analyst FTE 1060601 Technical Assistant PTNE 1,000 hours/year BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GRANT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: 2010 Homeland Security Grant Program FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Brandon Lewis 8-1598 STATUS: Grant Acceptance DATE: May 16, 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 agree' ment/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. Laurie Van Pelt (4/25/2011) Department of Human Resources: Approved. — Karen Jones (4/25/2011) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkow ski (4/26/2011) Corporation Counsel: Attached is the revised grant agreement Ted received this morning. The State in the attached document. Therefore, I have no further legal issue that need to agreement is executed. made all my requested changes be resolved before the grant Please let me know if you have Please note that I will now start working on revising the interlocal agreement. any questions. — Jody S. Hall (5/16/2011) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State and Local Governments (44 CFR Part 13) htto://ww w. access.gpo govinarat cfr/waisid x_06/44cfr I 3_ 06. html Cost Principles for State, Local and Indian Tribal Governments (0 1MB CIRCULAR A-87) (2 CFR Part 225) htto://www.access.gpo.g_ov/Bara/cfr/waisidx_08/2cfr225 08.htrn1 Federal Office of Management and Budget (OMB) Circular No. 4-87, A-102, and A-133 htto://www.whiteho use.goviomb/circulars/in dex.htm I Single Audit Act of 1984 (with amendments in 1996) http://www. whitehouse. gov/omb!flnancialifieingleaudithtTnl &objecmame—Inct-Act-453-of- obi ec Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness into://www.fema.govipdf/emergency/nims/nims executive order 13347.p df Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 20004) http://www.usdoi.gov/crt/cor/coordititlevistat.htm Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislaterc.mi.Rov/(ua3lxgeltrnrj5z55z2uiwv45)/mileg.as_px?Da . 1976&quervid=14718540 Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" http ://www.leg is lature. .govkuq31,meltrari5 z55 z2uiwc -45)/mileg. asp x?page=Eetob . ect&oliectnarrie=mol-Act-220-of- I 976&queryid----14718589 Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980 http ://w ww. i slature .mi.gov/(S (ealraq v4uriclgb vh10s21355))/mile g.a.sox?p age= etObj ect&obi ectName="Incl-A.ot-278- of-1980 Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29) httn://ecfr.gpoaccess.Rovicgi/t/text/t,-xt-idx.?c=ecfr&tpl---/ecfrbrowselTitle06/6cfr29 main Department of Homeland Security — Protection of Sensitive Security Information (49 CFR Part 1520) http://www.access. o. • ov/rtaraicfr/waisidx ,04/49cfr1520_04.html Executive Order 12372 - Intergovernmental review of Federal programs http://www.fws.gov/policyilibrary/rgeo12372.pdf US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.access.2-po.govinaraicfr/waisidx 04/28cfrv2 04.html Office of J ustiee Programs Hearing and Appeal Procedures (28 CFR Part 18) http://www.access.gpo. vhiara/cfr/waisi dx 01 128cfr18 Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http://www.access.gpo.gov/nara/cfr/waisidx 04/28cfr22_04.html Criminal intelligence Systems Operating Policies (28 CFR., Part 23) ht-tp://www.access.(zpo.gov/nara/cfr/waisidx _ 04/28efr23 04.html Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http://www.ac,cess.gpo.govinara/cfr/waisidx, 01/28cfr30_01.htm1 Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) http://www.access.04 o. • ov/naraJcfr/waisidx_01/28cfr35_ 01.html Equal Treatment for Faith Based Organizations (28 CFR Part 38) htto://www.0 sdoj .vov/o -, cs/asornen3oreimplementationof28.cfrpart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) http://www ,access. 0 . Govinam/cfr/waisidx 01 /28cfr42 01.htmi Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) http://www.access. o.aovinaratcfr/waisidx 01/28efr61 01.html Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) http://ww w.acce ss.gpo .g.ovinaraicfr/waisidx_ 01/28cfr63_01,html National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.nps gov/hi story/lo cal-la winhpa1966.htm Executive Order 11593 — Protection and enhancement of the cultural environment http ://www.gsa. g,o v/P ortall2sa/epicontentV iew .do? conten avpe;=-,GS A BASIC &contentid=12094 Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469) httn://ww w.o.s. :0v/history/I° cal-law/FHPL ArchifistPres.pdf The National Environmental Policy Act of 1969 (42 U.S.C. 4321) http://ww w. neva. govinepa/regsinep a/nepaeciia.htm Omnibus Crime Control and Safe Streets Act of 1968 http://www.usdoi.govicrt1split/42usc37g9d.htmi Victims of Crime Act (42 USC Section 10604) httn://www.usdoj.gov/crt/cor/bvagencyldoj10604.htm Juvenile Justice and Delinquency Prevention Act http://ojidp.-ncjrs,org/about/iidpa2002titiev.pdf Federal Civil Rights Act of 1964 http://www.usdoj.gov/crt/cor/index.htm The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) http ://w w w . dol. gov/o asamiregsistatutes/sec504.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101) http://www.ada.gov/pubs/ada.htm The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) http://www.usdoi.gov/crticoricoord/titieixstat.htm Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 http://www.dol.gov/oasam/regs/statutes/aue ac thtm Executive Order 13279 - Equal Protection of the Laws for Faith-based and Conununity Organizations http://w ww. w hitehouse. goy/news/releases/2002/12/20021212-6. html U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 hap ://w ww fliwa.do t. Rovirealestate/acthim Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.govlbatchact.htm Restrictions on Lobbying (28 CFR part 69) http://www.access.gpo.gov/naralcfr/waisidx_04/28cfr69_04.html Executive Order 12549 — Debarment and Suspension htty://www.archives. • ov/fedend-rea .ster/codification/cxecl ive-order/12549.html Government-Wide Debarment and Suspension (28 CEP, Part 67) http ://w ww. access . if,po . gov/nara/cfr/waisid x_04/28c fr67_04.html Drug-Free Workplace Act of 1988 http ://ftwebgate.access.1 • o. • oleic • i-bini_ctdoc.o dbname=browse usc&docid--Citc:+4111JSC701 Trafficking Victims Protection Act of 2000, Section 106 http://w ww. state. gov/g/tip/rIshiprot/2007/86205.htm Gaia Piir From: Sent: To: Cc: Subject: Approved. - VanPelt, Laurie <vanpeltl@oakgov.com > Monday, April 25, 2011 1:14 PM 'Piir, Gala'; 'Davis, Patricia'; 'Jones, Karen': 'Secontine, Julie' 'Brandon Lewis'; 'Ted Quisenberry'; 'Pisacreta, Antonio' RE: Grant Review: Homeland Security Division - 2010 Homeland Security Grant Program - Grant Acceptance From: Piir, Gala [mailto:piirg©oakgov.corn] Sent: Monday, April 25, 2011 11:39 AM To 'Davis, Patrida'; Jones, Karen; 'Secontine, VanPelt, Laurie' Cc: 'Brandon Lewis'; Ted Quisenberry'; 'Pisacreta, Antonio' Subject: Grant Review: Homeland Security Division - 2010 Homeland Security Grant Program - Grant Acceptance Importance: High Please Note: the department has requested expedited review to make the next round of ROC meetings. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Homeland Security Division 2010 Homeland Security Grant Program Michigan Department of State Police, Emergency Management and Homeland Security Division. Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: April 28, 2011 GRANT INFORMATION Date: 4/25/11 Operating Department: Department Contact: Brandon Lewis Contact Phone: 8-1598 Document Identification Number: CFDA #97.067 REVIEW STATUS: Acceptance — Resolution required Funding Period: August 1, 2010 through April 30, 2013 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: Yes — Federal Pass-through; compliance with common rule and OMB circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $11,798,426 Prior Year Total Funding: $5,128,718 (including Regional, Oakland, and Monroe awards) New Grant Funded Positions Request: Yes a (1) FTE SR Homeland Security — UASI Regional SAP Gala Pik From: Sent: To: Cc: Subject: Approved. Jones, Karen lonesk@oakgov.com > Monday, April 25, 2011 11:57 AM 'Piir, Gala'; 'Davis, Patricia'; 'Secontine, Julie'; 'VanPelt, Laurie' 'Brandon Lewis'; 'Ted Quisenberry'; 'Pisacreta, Antonio' RE. Grant Review: Homeland Security Division -2010 Homeland Security Grant Program - Grant Acceptance Original Message From: Piir, Gala [mailto:piirg@oakgov.corn] Sent: Monday, April 25, 2011 11:39 AM To: 'Davis, Patricia'; Jones, Karen; Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Brandon Lewis'; 'Ted Quisenberry'; 'Pisacreta, Antonio' Subject: Grant Review: Homeland Security Division - 2010 Homeland Security Grant Program - Grant Acceptance Importance: High Please Note: the department has requested expedited review to make the next round of BOC meeting GRANT REVIEW FORM MifernallION) TO: REVIEW DEPARTMENTS — Laurie Van pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Homeland Security Division 2010 Homeland Security Grant Program Michigan Department of State Police, Emergency Management and Homeland Security Division. Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: April 28, 2011 GRANT INFORMATION Date: 4/25/11 Operating Department: Department Contact: Brandon Lewis Contact Phone: 8-1598 Document Identification Number: CFDA 497.067 REVIEW STATUS: Acceptance — Resolution required Funding Period: August 1, 2010 through April 30, 2013 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: Yes — Federal Pass-through; compliance with common rule and OMB circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $11,798,426 Prior Year Total Funding: $5,128,718 (including Regional, Oakland, and Monroe awards) New Grant Funded Positions Request: Yes 1 Gala Piir From: Sent: To: Cc: Subject: Plotkowski, Andrea <plotkowskia@oakgov.com > Tuesday, April 26, 20111:00 PM Gaia' Tern Easterling; Sandy Johnson RE: Grant Review: Homeland Security Division -2010 Homeland Security Grant Program - Grant Acceptance: Region 2 (Detroit, Macomb, Monroe, Oakland, St_ Clair, Washtenaw, Wayne) - RIVI11-0095 (RM10-0127, 0128, 0129) Approved by Risk Management. Andrea Plotkowski Original Message From: Piir, Gala [mailto:piirg@oakgov.com] Sent: Monday, April 25, 2011 11:39 AM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie`; 'VanPelt, Laurie' Cc: 'Brandon Lewis'; 'Ted Quisenberry'; 'Pisacreta, Antonio' CLIhk"rt: Grant Review: HrmelAnd Security Division - 20 1 0 Homeland Security Grant Program - Grant ArrpptAnrp Importance: High Please Note: the department has requested expedited review to make the nem', round of BOC meetings. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Homeland Security Division 2010 Homeland Security Grant Program Michigan Department of State Police, Emergency Management and Homeland Security Division. Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: April 28, 2011 GRANT INFORMATION Date: 4/25/11 Operating Department: Department Contact: Brandon Lewis Contact Phone: 8-1598 Document Identification Number: CFDA #97.067 REVIEW STATUS: Acceptance — Resolution required Funding Period: August 1, 2010 through April 30, 2013 New Facility /Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): No tvi/VVBE Requirements: Yes — Federal Pass-through; compliance with common rule and OIVIB circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $11,798,426 Gala Piir MIMNIInMmiNal From: Hall, Jody <halljs©oakgov.com > Sent: Monday, May 16, 2011 2:28 PM To: 'Piir, Gala' Cc: VanPelt, Laurie'; 'Secontine, Julie '; Jones, Karen; Stoddard, Sara; 'Lewis, Brandon'; 'Pisacreta, Antonio'; 'Lewis, Brandon' Subject: FW: Grant Review: 2010 Homeland Security Grant Program Grant Agreement Attachments: 2010lJAS1Arant_agreement.pdf Good Afternoon All— Attached is the revised grant agreement Ted received this morning. The State made all my requested changes in the attached document. Therefore, I have no further legal issue that need to be resolved before the grant agreement is executed. Please note that I will now start working on revising the interlocal agreement. Please let me know if you have any questions. Jody © Jody S.Hall, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3rd Floor Pontiac. MI 48341 Phone Number: (248) 858-0555 Fax Number: (248)•858-1003 E-mail: hallisRoakciov.com PRIVILEGED AND CONFIDENTIAL— ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. it is confidential and is protected by the attorney- client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. From Quisenberry, Theodore H. [mailto:quisenberryt@oakgov.conn] Sent: Monday, May 16, 2011 9:04 AM To: Wry Gala; 'Hall, Jody' Cc: 'Stoddard, Sara'; 'Lewis, Brandon'; ‘Pisacreta, Antonio'; 'Mason, Heather' Subject: RE: Grant Review: 2010 Homeland Security Grant Program Grant Agreement Here is the revised grant agreement based on the changes Jody and the state worked out. Hoping to get it to the committees the week of May 23-26. Thanks. Ted Theodore H. Quisenberry, Manager Oakland County Homeland Security Division 1200 N Telegraph Road, Bldg. 47W Pontiac, MI 48341-0410 248 452-9578 Stat.. of Michigan 2010 Hcmeland Security Grant Program GrAnt Agreement 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 (HSGP) grant agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Subgrantor), and the COUNTY OF OAKLAND (hereinafter called the Subgrantee) I. Purpose The purpose of HSGP is to provide federal funds to prevent, deter, respond to, and recover from incidents of national significance, including threats and incidents of terrorism, The purpose of this grant agreement is to provide federal pass-through funds to the Region 2 Homeland Security Planning Board through the Subgrantee (which has been voted and approved to act as the Fiduciary Agent for the Board for the FY 2010 HSGP). The 2010 HSGP is a primary funding mechanism, operated by the United States Department of Homeland Security (DHS) for building and sustaining national preparedness capabilities, HSGP is comprised of five separate grant programs, of which two are covered by this grant agreement: The State Homeland Security Program - The State Homeland Security Program (SHSP) is a core assistance program that provides funds to build capabilities at the state, local, tribal, and territorial levels and to implement the goals and objectives included in state homeland security strategies and initiatives in their State Preparedness Report (SPR). Activities implemented under SHSP must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, response to, and recovery from terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards, Grantees must demonstrate this dual- use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. Use of SHSP funds must be consistent with and supportive of implementation of the State Homeland Security Strategy and initiatives in their State Preparedness Report. Linkages between specific projects undertaken with SHSP funds and strategic goals and objectives will be highlighted through regular required reporting mechanisms, including the Biannual Strategy Implementation Report (BSIR). Urban Areas Security Initiative - The intent of the Urban Areas Security Initiative (UAV) program is to enhance regional preparedness in major metropolitan areas, The UASI program directly supports the National Priority on expanding regional collaboration in the National Preparedness Guidelines and is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery. Ultimately, the FY 2010 UASI program is intended to provide financial assistance to address the unique multi-discipline planning, organization, equipment, training, and exercise needs of high-threat, high- density urban areas, and to assist these areas in building and sustaining capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism. Activities implemented with UASI funds must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, response to, or recovery from terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate the dual-use quality for any activities implemented that are not explicitly focused on terrorism preparedness. Urban areas must use UASI funds to employ regional approaches to overall preparedness and are encouraged to adopt regional response structures whenever appropriate. UASI program implementation and governance FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 2 of 11 must include regional partners and should have balanced representation among entities with operational responsibilities for prevention, protection, response, and recovery activities within the region. In some instances Urban Area boundaries cross state borders. States must ensure that the identified Urban Areas take an inclusive regional approach to the development and implementation of the FY 2010 UASI program and involve the contiguous jurisdictions, mutual aid partners, port authorities, rail and transit authorities, state agencies, Statewide Interoperability Coordinators, Citizen Corps Council(s), MMRS jurisdictions, and campus law enforcement in their program activities. II. Objectives The principal objective of this grant agreement is to provide financial assistance to the subgrantee to support HSGP allowable activities. Allowable activities in support of the programs listed above must align to the 2010 HSGP guidance and projects specifically approved by the Subgrantor. 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/fyl 0_hsgp_kit.pdf. 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 SHSP funds. These projects were derived from the 11 investments developed by Elv1HSO that are to be implemented at the regionallocal level. Subgrantees receiving UASI funds must align with the 10 investments submitted for the FY 2010 HSGP UASI funds. 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 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 seg.). The Subgrantee agrees to comply with all FY 2010 HSGP program requirements in accordance with the FY 2010 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 http://eCFR.gooaccess ,gov/cgiit/text/text- idx?c=ecfr&tpe---/ecfrbrowserTitle44/44cfrl 3_main_02.tpl 2. 2 CFR, Part 216, 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/etext/text- idx?c=ecfr&sid=5f90b8183567570911ob65ea93f163c6a&tpl=lecfrbrowsefTitle02/2cfr215_m ai n_02 Apt B. Cost principals 1. 2 CFR, Par/ 225, Cost Principals for State, Local, and Indian Tribal Governments (OMB Circular A-87), located at http://ecfr.gpoaccess.gov/cgi/t/textftext- idx2c-ecfr&tpl --4ecfrbrovvsefTitle02/2cfr225_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=div58.view=text&node=2i1,1 .2.3,48,idno=2 3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB Circular A-122), located at httpillecfegpoaccess.gov/cgi/t/textitext-idx'?c=ectr&tpli:Vecfrbrowseriitie02/2cfr230_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.govifar/html/Subpart%2031_2.himi*wp1095552 FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 3 of 11 C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, end Non-Profit Organizations, located at http://www.whitohouse.gov/om b/circulars/a133/al 33.html IV. Homeland Security Grant Program Award Amount and Restrictions The CourrrY OF OAKLAND, as the Fiduciary Agent for Region 2, is awarded $11,798,426.00 under the FY 2010 HSGP. This total consists of $1,013,146.00 from the SHSP program and $10,785,280.00 from the UASI program. This grant agreement shall be administered based on the Subgrantee's Policies and Resolutions, provided that they do not violate state or federal rules, laws, and/or regulations. The FY 2010 HSGP does not contain a separate line-item for the Law Enforcement Terrorism Prevention Program (LETPP), However, at least $282,770.00 of SHSP award funds and $2,872,768.00 of UASI award funds must be dedicated towards Law Enforcement Terrorism Prevention-oriented Activities (LETPA). These LETPA funds may be used for planning, organization, training, exercise, and equipment activities. The subgrantee must ensure that this minimum requirement is met. A maximum of $506,573.00 of SHSP award funds and $5,392,640.00 of UASI award funds may be used for personnel and personnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). A detailed definition of personnel costs is provided in Part IV.E, of the federal grant guidance. The subgrantee must ensure that this maximum requirement is not exceeded. Exactly $50,657.00 of SHSP award funds and $539,264.00 of UASI award funds are allocated to the Subgrantee to be used for the Management and Administration (M&A) of the FY 2010 HSGP. M&A allowable costs are defined in the FY 2010 HSGP Guidance and Application Kit, located at htt ://www.ferna. Ov/ Cpgp_lfAo\tet ,tgppe/2010/f 10 kit. df. The project justification for the use of M&A award funds by the Subgrantee is not subject to review and approval of the Region 2 Homeland Security Planning Board. At the discretion of the Subgrantee, any unused portion of the M&A award funds may be reallocated to the Region 2 HSGP Designated Funding Allocation. Exactly $253,286.00 of SHSP award funds and $2,561,504.00 of UASI award funds are allocated to Region 2 for use as the Region 2 HSGP Designated Funding Allocation. These funds will be used to support regional projects as determined by the Region 2 Homeland Security Planning Board. The following grant award funds are allocated by the Subgrantor, acting as the State Administrative Authority (SAA). The identified local governmental units are entitled to the reimbursement of allowable expenses from the Subgrantee in an amount not to exceed the amount listed herein: County of Macomb SHSP funding source: $89,799.00 UASI funding source: $972,258.00 County of Monroe SHSP funding source: $43,965.00 UASI funding source: $472,603.00 County of Oakland SHSP funding source: $128,786,00 UASI funding source: $1,397,253.00 County of St, Clair SHSP funding Source: $60,823.00 UASI funding source: $656,384.00 County of VVashtenaw SHSP funding source: $55,028.00 UASI funding source: $593,209.00 County of Wayne SHSP funding source: $169,991.00 UASI funding source: $1,846,442.00 City of Detroit SHSP funding source: $160,811,00 UASI funding source: $1,746,363.00 F'Y 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 4 of 11 Reimbursement of allowable expenses to the local governmental unit by the Subgrantee will be contingent on satisfactory completion of all responsibilities identified within the grant agreement by the local governmental unit, as determined by the Subgrantee and/or the Subgrantor. No portion of the funds specifically allocated to local governmental units may be used for M&A expenses. All funds allocated to specific local governmental units require proof of encumbrance or reimbursement requests received by the fiduciary no later than 5:00 p.m. on October 31, 2012. This date is six months prior to the end of the grant agreement period. Funds which are not encumbered or which do not have reimbursement requests received by the fiduciary by this date will be reallocated to the Region 2 HSGP Designated Funding Allocation, No FY 2010 HSGP 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 (EO) 12958, as amended, located at http://wwvv.archives.gov/isoo/policy-documents/eo-12958-amendment.html . 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://www.dhs.gov/xopnbiz/grants/index.shtm For any activities involving construction, demolition, or installation of equipment, an Environmental and Historic Preservation (EHP) Review must be completed prior to any work being done, Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be allowable for federal funding. Except as otherwise specifically set forth in this grant agreement, the Sub grantor (not the Subgrantee) shall make the final determination on how funds awarded under this grant agreement are allocated and/or spent, from projects reviewed and approved by the Region 2 Homeland Security Planning Board and submitted to the Sub grantor by the Sub grantee. V. Responsibilities of the Subgrantee FY 2010 HSGP 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 act as the designated Fiduciary Agent for the Region 2 Homeland Security Planning Board. 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) FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 5 of 11 5. Compliance with Federal Special Grant Condition Related to Trafficking Victims Protection Act of 2000 0 Other documents that may be required by federal or state officials B P`r 2010 HSGP covers allowable costs from August 1, 2010 to April 30, 2013, Please refer to the FY HISGP Guidance and Application Kit, located at !Att. ,,,-v:r;w7'e2cria.gov/pdf/government/grant/2010/fylO_hsgp_kit.pdf for a detailed list of what costs are or • !;1 : tinder this grant. Allowable costs are specifically addressed in Part IV.E. of the federal grant it'Ises in accordance with federal and state grant guidance and local purchasing policies. The SAgrantee will select an individual who wilt act as a single point of contact between the Region 2 Horyiel.,-:n ncl Security Planning Board and the Subgrantor. This individual, among other duties, wilt be ;-.?si;onsibte for submitting all projects to the Subgrantor for approval. E.. Submit Project Justifications, which have been approved by the Region 2 Homeland Security Planning 0•:tit tcthcSubgrantor for evaluation and approval of projects prior to starting a project. All projects must Subgrantor grant guidelines and must directly support one of the 2010 SHSP Regional Projects or one of the2010 UASI Investments from the Michigan FY 2010 HSGP Supplemental Grunt Guic.Iiice, and at least one of the 37 target capabilities. Projects should be coordinated by the Ruclion 2 Homeland Security Planning Board and align to the appropriate strategies, Any project that ".:hartge in scope of work during the grant performance period must be resubmitted to the Rtii.m;!.•)r icy approval. :;owable Cost Justification (ACJ) form for all costs that are part of approved projects prior to the of the cost, If an ACJ is not submitted, the Subgrantee will be held responsible for all costs errrirted to be unallowable by the Subgrantor or OHS. All ACJs will be submitted by the Subgrantee Agent). 7.',' of the end of the Subgrantee's fiscal year, the Subgrantee must supply a document to the other toc6i governmental units reporting the dollar amount spent on their behalf, so the local governmental ;;ubrnil the information on their Schedule of Expenditures of Federal Awards (SEFA) report. of these documents must also be provided to the Michigan State Police, Emergency ,Mari4erneht and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910- .. • :..-;aintain an inventory of all equipment purchases in accordance with 44 CFR Part 13,32(d)(1), !up :ileCFR.gpeaccess.gov/cgiltitext/text-idx?c=ecfr&tp1=/ecfrbrowse/Title44/44cfrl 3_main_02.tpl. MI; 0130 days of the end of the Subgrantee's fiscal year, the Subgrantee must supply a copy of this sr-y/ to tile Michigan State Police, Emergency Management and Homeland Security Division, Audit r :TS Road, Lansing, Michigan 48910-5883. An Equipment Tracking Form is available to assist :ingraritee in meeting these requirements. The form can be found online at ! 7- • ...; ‘!-‘.17.2n.gov/msp/0,1607,7-123-1593_3507_41574-214684--,00.html. The Subgrantee is • • • •• : practicable, any equipment purchased with grant funding shall be prominently marked with funds provided by the U.S. Department of Homeland Security". purchases equipment for a local governmental unit with FY 2010 HSGP funds, the make the equipment available for pick-up by other local governmental units per ,;!,-;nments by the Region 2 Homeland Security Planning Board. This process needs to include • • • •• c; the equipment to the designated local governmental unit. At minimum, the Subgrantee i.iiicuments, which, when signed, will indicate other designated local governmental units :!!'! and financial responsibility for the pieces of equipment. ..(;i-ees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached including all required authorized signatures, and submit these to the Subgrantor at a 17 -the end or each quarter (or more frequently, as needed). Please note: One Reimbursement ovrir and related forms must be completed for each grant project, solution area, allocation FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 6 of 11 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 rittp://www.miehigan.gov/msp/0,1607,7-123- 1593_3507_41574-214684—,00.html, The Subgrantee will not be reimbursed 'ler funds until all required signed documents and reimbursement documents are received. K. Submit updated project and allocation information to the Subgranter on a regular basis through the State of Michigan Biannual Strategy Implementation Reports (BSIR). The due dates for BSIRs are detailed in Section VIII of this agreement. L. Submit other reports, as required by the Subgrantor, to implement an investment-specific reporting process. M. 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 DHS. NIMS information is available at http://www.fema.gov/emergency/nims . More information on complying with NIMS is available from the State NIMS Coordinator, N. 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 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 A433, "Audits of States, Local Governments, and Non-Profit Organizations," as further described in 44 CFR, Part 13, 0, Integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347, P. 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 Subgrentee 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, Ce Select one specific individual to act as a single point of contact between the Subgrantee and the Subgrantor. VI. Responsibilities of Regional Board The Region 2 Homeland Security Planning Board, in accordance with the general purposes and objectives of this grant agreement, will: A. Review and approve all projects to be funded under the FY 2010 HSGP grant before they are submitted, by the Subgrantee, to the Subgrantor for approval. B. Ensure that all grant projects align to the appropriate FY 2010 HSGP investments and Homeland Security Strategies, Projects to be funded by SHSP must align to FY 2010 SHSP investments arid the State of FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 7 of 11 Michigan Homeland Security Strategy. Projects to be funded by tJASI must align to FY 2010 UASI investments and the WAS! Homeland Security Strategy. Project Justifications will include an explanation of how the project benefits Region 2. C. Ensure the Subgrantee, in its role as regional fiduciary, is fully appraised of all projects approved by the Region 2 Homeland Security Planning Board. D. Develop and implement a stand-alone Southeast Michigan Urban Area Security Initiative (SEMI WAS I) Multi-Year Training and Exercise plan or provide evidence of the SEMI UASI's adoption and utilization of the State's Multi-Year Training and Exercise Plan. VII. Responsibilities of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this grant agreement, will: A. Administer the FY 2010 HSGP grant in accordance with all applicable federal and state regulations and guidelines and submit required reports to the awarding federal agency, 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. This will include the template required to implement an investment-specific reporting process. D. Reimburse the Subgrantee, in accordance with this grant agreement, based on appropriate documentation submitted by the Subgrantee. E. Independently, or in conjunction with OHS, conduct random on-site reviews with Subgrantee(s). VIII. Reporting Procedures The Subgrantee will submit State of Michigan Biannual Strategy Implementation Reports (BSIRs) to the Subgrantor On the status of all funding. BSIRs are required whether or not expenditures are incurred. Failure by the Subgrantee to fulfill BSIR reporting requirements, as required by federal grant rules, shall result in the suspension of grant activities until reports are received and may jeopardize future federal funding. Reporting periods and due dates for each year are as follows; January 1 through June 30: Due July 10 July 1 through December 31: Due January 10 The final reporting period ends with the end of the grant performance period, which may result in this final reporting period being less than six months in duration. BSIRs are to be submitted by the le day of the month following the end of each period. The first BSIR for the FY2010 HSGP grant is due on July 10, 2011. Reports are to be sent electronically to emd_hsgp@michigan.gov , All BSIRs are to be submitted by the Subgrantee (fiduciary agent). The Subgrantee will also submit other reports, as required by the Subgrantor, to implement an investment-specific reporting process. FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 8 of 11 IX. 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 weosite, located at http://www.michigan.gov/msp/0,1607,7-123-1593_3507_41574-214884--,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 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 13.211) 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/EMHSD, Financial Section, 4000 Collins Road, Lansing, Mt 48910. The Subgrantee must also notify the Subgrantor in writing of any interest earned over $100 quarterly. X. 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 shall require that no subcontractor, manufacturer, or supplier of Subgrantee on this Project appears on 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 at see, (State Contractors with Certain Employers Prohibited Act), or on the Federal Excluded Party List System. located at www.epls.gov . XI. 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 for either party. XII. Third Parties This grant agreement is not intended to make any person or entity, not a party to this grant agreement, 2 third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 9 of 11 MI. Grant Agreement Period This grant agreement is in full force and effect from August 1, 2010 to April 30, 2013. No costs allowable 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 Subgrantor shall have no further obligation to reimburse the Subgrantee. Upon termination of grant agreement, the Subgrantee shall submit documentation, in a format specified by the Subgrantor, to formally end its status as Fiduciary Agent. XIV. 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 XIII 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 Suborantor. 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 Subgrarttee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XV. 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. FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 10 of 11 XVI. 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. Printed Name Title Signature Date W. Thomas Sands, Captain Printed Name Date FY 2010 HSGP Grant Agreement County of Oakland (Region 2 Fiduciary Agent) Page 11 of 11 XVII. Official Certification Far the Sulagrantee 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 For the Subgrantor (Michigan State Police, Emergency Management and Homeland Security Division) Deputy State Director of Emergency Management and Homeland Security Title For the Region 2, Homeland Security Planning Board The Region 2 Homeland Security Planning Board certifies that County of Oakland has been selected to serve as Region 2 Fiduciary Agent for the FY 2010 HSGP, The Region 2 Homeland Security Planning Board also agrees to complete all requirements specified in this grant agreement. Regional Board Chair Printed Name Title Signature Date vet 410107 tRgP.tNYMR.PX:.,,,qpmmrg!5w.,nm:.q 15#0 SUEGRANTEE -cuEcKucT FY 2010 ;3MELAND SECURITY GRANT PROGRAM GRANT AGREEMENT •CFDA No: 97.067 Submit the following items as necessary to: ATTN; HSGP Grant, EMHSD Financial Section, Michigan State Police, 4000 Collins Road, Lansing, Michigan 48910 UBGRAMITEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS ARE RECEIVED 1. Grant Agreement (NOTE: There are two (2) sets of the Agreement enclosed. Please sign both, but retain one signed document for your records and return the other signed document to us.) Ei 2. Standard Assurances. 11 3. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (FEMA Form 20-16C) El 4. State of Michigan Audit Certification (Form EMD-53) Lj 5. W-9 Tax Identification Form 17 6. Compliance with Federal Special Grant Condition Related to Trafficking Victims Protection Act of 2000. POST REIMBURSEMENT REQUIREMENTS Participate with Subgrantor in an on-site monitoring of financial documents. Also retain financial records, supporting documents, and all other records pertinent to the grant for at least three years after the final grant report. be sure to comply with Single Audit requirements of OMB Circular, A-133. If required, the Subgrantee submits audit copy to: Michigan Department of State Police, Budget and Financial Services Division, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634. I 1 STANDARD ASSURANCES OMB APPROVAL NO. 121-0140 EXPIRES 01/31/2006 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 CFA. 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 23 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 ct Leg.), and the National Environmental Policy Act of 1969 (42 U.S.C, § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act oil973 (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.0 §§ 6101-07); see Ex. Order 15279 (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 deg.), which govern the treatment of persons displaced as a result of Federal and federally-assisted programs; and h) 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 Dsrlie U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MA RS; AND DRUG-FREE WORKPLACE RECUIREMENTS 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 2$ GFR Part 69, New Restrictions on Lobbying" and 26 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 (LS. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 2g 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 ef 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 hove 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 °Meer 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 Ibis car- tificatientie Included in the award documents fer all subawards at all tiers (including subgrantsncontracts under grants and cooperative agreements, arid subcontracts) and that all sub- recipients shall certify and disclose a0e0rdinnlY- 2, DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12640, Debarment and Suspension, and implemented at 28 CFR Part 57, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- A. Thc 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 eenefits by a Stele or Feeerel court, or voluntarily excluded from covered traneactlons by any Federal department el- agency; (b) Have not within a three-year period preceding this applica- tion been nonvicled of or had a civil judgment rent,lared against them for coreniission of fraud or a criminal offense in connec- hen with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public traneactien; 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 tonal) 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 drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or kisp of a centrolled 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 e 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: (0) Making it a requirement that each employee te be engaged In the performance of the grant be given a copy of the state- ment required by paragraph (a): (d) Notifying th,e employee in the etatement required by para- graph (a) that, as a condition of employment under the grant, the employee will— WP FORM 4551A; (5-91) REPLACES OJP roams 455112, 4081/3 ANO 061/1 WHICH ARP, oeaoLGTE. (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; Chock 0 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, 633 of the regulations provides that a grantee that employee or otherwise receiving actual notice er such convic-tion. is a State may elect to make one certification in each Federal employer6 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 10 use OJP Form 4061/7. N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; Check 0 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 ARC INDIVIDUALS) (1) Taking appropriate personnel action against such wi employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1968, and requirements of the Rehabilitation Act of 1973, as amended: or implemented at 28 CFR Part 67, SLApart F, for grahleas, as (2) Requiring such employee to participle satisfactorily in a defined at 25 CFR Part 57; Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A. As 0 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- merit, 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 (al, (b), B. II convicted of a criminal drug offense resulting from a (c), (d), (e), and (0 violation occurring during the conduct of any grant activity, I B. The grantee may insert in the space provided below the will report the conviotiOn, in writing, within 10 calendar days site(s) for the performance of work done in connection with of the cOtWiCtion, la: Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 510 Seventh Street NW., Washington, DC 20531. Place of Performance (Street address, city, county, state, zip cods) As the duly authorized representative of the applicant, I hereby certify that theapplicant will comply with the above certifications, 1, Granteo Name and Address: 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number — 4. Typed Name arid Title of Authorized Representative • ._ _______ 5. Signature 6, Date ----- qj 5 c,oviammrint Pnnin9 Ortitn: I556 - 405037/4001 ign e of S bar ee's A horized Rep ive) (Date) nt 1..0.48:1416, Michigan Department of State Police Emergency Management and Homeland Security Division Financial Section 4000 Collins Road Lansing, Michigan 48910 Please mail completed form to: ein19011f 011.7 Reviewed By: Date: EMO 053 (03-2004) MICHIGAN STATE POLICE Emergency Management & Homeland S urity Division STATE OF MICHIGAN AUDIT CERTIFICATION Federal Audit Requirements Fiscal Years Beginning After June 30, 1996 Non-Federal organizations which expend $500,000 or more in Federal funds during their fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget (OMB) Circular A-133. Subgrantees must submit a copy of their audit report to: Budget and Financial Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634 for each year they meet the funding threshold, LaddIsIBAKIMIN*Ipp.segreosa. Program: FY 2010 Homeland Security Grant Program CFDA Number: 97.067 Subgrantee Infonrnation Jurisdiction Name: Street Address: City, State, Zip Code: Certification for Fiscal Year Ending (mmIdd/yyyy): (Check appropriate box) E 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. E 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. For MSP-EMD Use Only Authority: Act 390, P. A. of 1976, as amended Completion: Voluntary, but completion necessary to be considered for amstance. EM1)-953 (03-2004) MICHIGAN STATE POLICE Emergency Management a. Homeland Security Division Authority: Act 390, P. A. ct 19M, as amended Completion: Voluntary, but compietion necessary to be considered for assistance. Social becurev nurneer or Employor identikation number Date 0. Signature or presoe Request for Taxpayer Identification Number and Certification Give form to the requester. Do not Send to the IRS. Form (Rev. October Z007) Dopartment CI the Treasury Intornal Revernm SVvice ame (ea shown On yew income tax return) I Businesa name, ii different from above Chock appropriate box; El Individual/Sole proprietor El GOrporation fj Partnership El Limited liability comoany.,rnter the tax classification (0=disfeltSfOed entity, Cr.-corporation, PFpanInerSniP) 4f- El Other Ow instructions) M. Address (number', street, And apt. or suite no.) Oily, stAte, and ZIP code ist account nuMber(o) T here termer, El Exempt I—I payee Fieguester's name and address (optional) r7M Taxpayer Identification Number (TIN) riterr your TIN In the appropriate type The TIN provided must match the name given on Line 1 to avoid backup withholding. For inclividuele, this is your social security number (SSN). However, for a r esident alien, sole proprietor, or disregarded entity, see the Part I instruotions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3- Note. If the Koeure 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 am waiting for a number to be issued to rne), and 2. I ant 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 es 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 instreetions. You must cross out tern 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 TEIM return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abendenment of secured property, cancellation ot debt, contributions to an individual retirement arrangement (IRA), and generally, payments other then 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 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person wnp is required to file an information return with the IRS roust obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transaotions, 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 icr a number to be issued). 2. Certify that you are not subject to backup withholding. or 3. Claim exemption (torn backup withholding if you are a U.S. exempt payee, If aepucable, 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-0 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. 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 US, citizen or U.S, resident alien, • A partnership, corporation, company, or association created Or organized in the United Stets or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (es defined in Regulations section 301.7701-7). Special rules tor partnerships. Partnerships that eoneuct a trade or business in the United Stales 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, statue and avoid withholding on your share of partnership inoome, The person who gives Form W-9 tc the partnership for purposes of establishing its U.S. Status and avoiding withholding on its allocable share of net income from the partnership condureing 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, (.:at. No. I0231X Form W-9 elev. 10-2o0t) Form W.9 (Rev, 10-2007) Page 2 • The U.S. grantor or other owner of a grantor truel and not the twat, and • 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 hot use Form W-9. Instead, use the appropriate Form W-8 (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 ems: 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 student 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 Mat includes 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-S, 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. Reel estate transactions are net 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 he 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 TI NI, 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 de not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts openee 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 sea Special rules for partnerships on page 1, Penalties Failure to furnish TIN. If you fall 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 riot 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 crireinal penalties including lines and/or imprisoninent. Misuse of TINs. If the requester discloses or uses TiNs In violation of federal law, the requester May be Subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for Instance, due to marriage wtthout 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 accoent 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, "G" 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 it Owner under Regulations section 301.7701-3, enter the owner's name on the "Name" line, Enter the LLO's name on the "BusineSS name" line. For art LLC classified as a partnership or a corporation, enter the LL.C's name on the "Name" line and any business, trade, or DA 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 Vs1.9 (Ft -2007) Page 3 Generally, individuals (iniCluding sole proprietors) are not exemet from backup withholding, Corporations are exempt from backup withholding for certain payments, such as interest and dividends: Nate. 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(0(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United Stales, 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 far ... 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 1.940 who regularly acts as a broker Etaner exchange transactions Exempt payees 1 through 5 and patronage diveiende ..___ Payments Over $500 required Generally, exempt payees to be reported and direct 1 1 through e ` sales over $5,000' I ;See Form 1095-MISG, meeeleeeees income, and its instructiOns. However, the following payments made to a corporation ;including gross proceeds paid to an ratorney under section 00.15(fl, emu IF rier attorney is a s corporation} ano reportable on Form 1095-MISC are not exempt Iron' backup witrtholdir10: Medical and neelth care payMentt;', attorneys' tees, and payments for services paid by it federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the approprlate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you de not have an FIN, see Now to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN, If the LLC is classified as a corporation or partnership, enter the entity's FIN, Note. See the chart on page 4 for further clarification of name and TIN corrIbinatIon$: 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,gov. 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 55-4, Application for Employer Identification Number, to apply for an FIN. You can apply for an EIN online by accessing the IRS website at wwwers.govibusinesses and OlIckIng on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and 65-4 front 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 TIN, write "Applied For" in the space for the TIN, sign end date the form, and give it to the requester, Fier 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 Fore) 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 end you are merely providing your correct TIN to the requester, you must cross out Item 2 in the certification before signing the ton-n, Form W-9 (Rev. 10-2007) 5. 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 thO 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 pald by you, acquisition or abandonment of secured property, cancellation Of debt, qualified tuition program payments (under section 52E1), IRA, Coverdell ESA, Archer MSA or RSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. hat Name and Number To Give the Requester For this type of a4eount: Give name and MN oft 1. Individual rrig, individual 2. Two Of trlOrO inetivi(lnel5 (Joint The actual owner of the account Of, account) il combined lends, the first individual on the account' 3. Cuistodtan account of a minor The minor ' (Uniform Giftto Minors Act) 4. a. The usual revocable savings The grantor-trustee ' KW (grantor is aiso trustee) b. So-called trust account that is The actual owner ' not a legal or valid trust under Mato law 5. Soler proprietorship or disregarded Thu owner ' Onlily Owneet by an individual - For this tsp. et account: Give name and EIN of; S. Disregarded entity not owned by an The Owner individual 7. A valid truSt, -estate, Or IDent;10r1 Irust Legal entity ' 0. corporate or LLC eiecting Trie corporation ,corporate status on Form 6932 9. Aasociation, club, refigious, The organization i charitable, educational, or other . tax-exempt organization 10. Partnership or multi-member 1.1.0 The 1.1.1rtnefellip 11. A broker or rogis.tercd nominee The broker or nominee 12, Account with me Department of The public entity Agriculture in the name of a public entity (suth as a state Or local government, school district, or prison) that Melees agricultural program payment,: 'List first end Otte rho woe of the cicraort whose number you furnish. II only one perserl on a joint account has an SON, that rfereOn'll number must be furnished, guide the moors name and litM1f.tt tin mitten:: 5511. 'yee most enew your IndIvIdual namo and you may also enter your business Or °MA' name on tria 5eppntt mime One. You may use either your SON or ON al you have One), bul the IRS encourages yoe 10 awn your $SN. List first and circle Me name of the tr064, ftWtittt, or pension trust. Irm not furnish the TIN ci the perup,ral riwesehialivq or tRis}loR memun thn legal entity iisolf in not ticsignatrd in tho account elle.) Also tiots Opircud rWes for po,tooroliim on peon 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, Page 4 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 rislc • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. Call the IRS at 1-800-829-1040 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 1-877-777-4775 or TTY/TDD 1-800-829-4059, Protect yourself from suspicious entails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business entails and wobsltes. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in art attempt to scam the user into surrendering private information that will be Used for identify theft. The IRS does not initiate contacts with taxpayers via ()malls. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access infon-natlon 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 phishingOirs.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: sparn@use.gov or contact them at www.constimergovticitheft 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 • • sex:tier., 5109 01 the Internal Revenue Code requires you to provide your cooed TIN tO persona who must file information returns With the IRS lo report intereet, dielderldS, and certain other income paid to you, mortgage interest yeti paid, the acquisition or abandonment of secured property, cancellation of debt, or oontributions you made to an IRA, or Archer MSA 0,1 hISA. Tne, II1S uses Ihe numbers for identification purposoS and to neip verily the accuracy of your tax return. The iFiS may also provide this informdliOn lo me Department of Justice for civil and criminal litigatiOn, and to eitif4, states, the District or oolumbia, and U.S. possessions to carry poi thOir Sin tow... we may also olsciose this information to other countries under it tax treaty, to federal and state agencies to enforce federal nontax criminal taws, Of to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to lite a tax return. Payers must generally withhold 20% of taxable iniereSt, dividend, and ceitain other payments to a payee who dem; "et s3lve p TIN 10 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 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 en 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. I. 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. Printed Name Title Signature Date 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, • "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. FISCAL NOTE (MISC 1/11118) June 9, 2011 BY: FINANCE COMMITTEE. TOM MIDDLETON, CHAIRPERSON IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION —2010 FEMA STATE HOMELAND SECURITY GRANT ACCEPTANCE 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 U.S. Department of Homeland Security Federal Emergency Management Agency (FEMA) has released funding to the Michigan Department of State Police, Emergency Management and Homeland Security Division which has awarded Region 2, in the State, $11,798,426. This includes, but is not limited to the following political subdivisions: City of Detroit along with the Counties of Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne. 2 Oakland County has been appointed by the Region 2 Planning Board as fiduciary and subgrantee for the 2010 Homeland Security Grant Program (HSGP) and has been allocated a total of $11,798,426. This consists of $1,013,146 from the State Homeland Security Program (SHSP) and $10,785,280 from the Urban Area Security Initiative (UASI). 3. The grant period is August 1, 2010 through April 30, 2013, 4, The program provides funds to build capabilities to prevent, respond to, and recover from acts of domestic and foreign terrorism, to address National Priorities and Target Capabilities as they relate to terrorism and support the implementation of the National Preparedness Goal, National Incident Management System and National Response Framework. 5. Of the $1,013,146 State Homeland Security Program funds, the following have been allocated: City of Detroit $160,811; Macomb County $89,799; Monroe County $43,965; Oakland County $128,786; St Clair County $60,823; Washtenaw County $55,028, and Wayne County $169,991. 6. Of the $10,785,280 UASI grant funds, the following has been allocated: City of Detroit $1,746,363; Macomb County $972,258; Monroe County $472,603; Oakland County $1,397,253; St Clair County $565,384; Washtenaw County $593,209, and Wayne County $1,846,442, 7. Of the total $11,798,426 Regional 2 award, up to 5% or $589,921 may be used for Management and Administrative expenses, which includes the continuation of one (1) full- time non-eligible (2,000 hour/year) Buyer II (position #10521) in the Purchasing Division, and one (1) Special Revenue full-time eligible Homeland Security-UASI Regional SAP (position #10519). 8. In addition with this grant acceptance, the Management and Administrative expense budget will include 3 new positions created as a result of increased fiduciary responsibilities: one (1) Special Revenue full-time eligible Homeland Security-UASI Regional SAP, one (1) Special Revenue full-time eligible Business Analyst, and one (1) Special Revenue part-time non-eligible (1,000 hours/year) Technical Assistant. 9. A portion of the award allocated to Region 2 is used to cover the continuation of two (2) full-time eligible special revenue Homeland Security-Regional SAP (position #10296 and #10520), which allows Oakland County to participate in regional planning activities. 10. The future level of service, including personnel, will be contingent upon the level of funding available from the State. 11. The FY 2011 Special Revenue Budget is amended as follows: FINANCE COMMITTEE Motion carried unanimously on a roll call vote. DOMESTIC PREPAREDNESS EQUIPMENT (Fund 29340) GR0000000568 / Bud Ref 2011 FY 2011 Budget Revenues 1060601-115095-610313 Federal Operating Grants Total Revenues $ 11,798.426 $ 11,798,426 Expenses Salaries Fringe Benefits Purchasing Salaries Purchasing FB Personal Mileage Info Tech — Operations Convenience Copier Telephone Communications Travel & Conference Workshops & Meetings Office Supplies Building Space Allocation Info Tech — Development 1060601-115095-760160 Furniture & Fixtures 1060601-115095-731458 Professional Services 1060601-115095-731465-63000 Detroit Program 1060601-115095-731465-63045 Macomb Co Prg 1060601-115095-731465-63048 Monroe Co Pig 1060601-115095-731465-62000 Oakland Co Pig 1060601-115095-731465-63050 St Clair Co Prg 1060601-115095-731465-63053 Washtenaw Co Fig 1060601-115095-731465-63007 Wayne Co Prg 1060601-115095-731465 Program Total Expenses 1060601-115095-702010 1060601-115095-722770 1020401-115095-702010 1020401-115095-722770 1060601-115095-731346 1060601-115095-774636 1060601-115095-770667 1060601-115095-778675 1060601-115095-732018 1060601-115095-732165 1060601-115095-750399 1060601-115095-770631 1060601-115095-773630 $ 350,937 205,132 72,679 3,088 5,000 15,418 1,000 3,485 12,500 2,500 2,500 24,957 20,000 5,000 69,222 1,907,174 1,062,057 516,598 1,526,039 717,207 648,237 2,016,433 2 611,263 $ 11,798,426 FINANCE COMMITTEE Resolution #11118 June 9, 2011 Moved by Long supported by Woodward the resolution (with fiscal note attached) be adopted. Moved by Long supported by Woodward the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Woodward the resolution be amended as follows: Strike the 2nd BE IT FURTHER RESOLVED paragraph that states BE IT FURTHER RESOLVED A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Crawford, Dwyer, Gingell, Gosselin, Greirnel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. 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 June 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 June, 2011.