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Resolutions - 2012.02.01 - 19112
MISCELLANEOUS RESOLUTION # 1 2 0 1 1 February 1,2012 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2011 FEMA STATE OF MICHIGAN HOMELAND SECURITY GRANT PROGRAM AGREEMENT 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 2011 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 2011 Homeland Security Grant Program to Region 2 which includes, but is not limited to, the City of Detroit, 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 Program 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 2011 HSHP; and WHEREAS the Homeland Security Grant Program award for Region 2 is $541,780 from the State Homeland Security Grant Program (SHSGP) and $7,549,696 from the Urban Area Security Initiative (UASI) for a total award of $8,091,476; and WHEREAS 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 2011 Homeland Security Grant Program requires the continuation of two (2) full-time eligible special revenue Homeland Security-UASI Regional SAP positions; one (1) full-time eligible special revenue Homeland Security-Business Analyst position and (1) part-time, non-eligible (1,000 hours/year) Technical Assistant 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 one (1) full-time eligible special revenue Sheriff's Office Intelligence Analyst position will be created by separate resolution and funded through previous multi-year Homeland Security grants; and WHEREAS the Sheriffs Office will appoint the Intelligence Analyst position to the Fusion Center/Detroit and Southeast Michigan information and intelligence Center (DSEMIIC) project; 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 2011 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 2011 Homeland Security Grant Program and accepts the grant funds in the amount of $8,091,476 from the State of Michigan for the period of September 1, 2011 to May 30, 2014 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%) of the original award which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the following special revenue positions be continued: Position Number Classification Status 1060601-10519 Homeland Security-UASI Regional SAP FTE 1060601-11023 Homeland Security-UASI Regional SAP FTE 1060601-10296 Homeland Security-Regional SAP FTE 1060601-10520 Homeland Security-Regional SAP FTE 1060601-11024 Homeland Security-Business Analyst FTE 1060601-11025 Homeland Security-Technical Assistant PTNE 1,000 hrs/year 1020401-10521 Purchasing-Buyer II FTNE 2,000 hrs/year 403XXX-XXXX Intelligence Analyst Pending 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 G n _VNMENT COMMITTEE _ . GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Hatchett absent. A NT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: 2011 Homeland Security Grant Program FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Theodore Quisenberry 452-9578 / Tricia Smith 858-5371 STATUS: Grant Acceptance DATE: January 5, 2012 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be 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 (12/16/2011) Department of Human Resources: Approved. — Karen Jones (12/16/2011) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (12/22/2011) Corporation Counsel: I forgot to add that the Grant Agreement is approved. Ted Quisenberry and I had a conference call with the State of Michigan today to discuss the items listed below for the 2011 Homeland Security Grant Program Grant Agreement. Items 2-4 were mandates from the Federal Government. Thus, to adequately protect the County I will include these mandates in the 2011 Interlocal Agreement which passes through the grant monies to the Counties and City of Detroit. Item 1 was just terminology and not really a legal issue just me paying too much attention to details. — Jody S. Hall (1/3/2012) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations and includes the following: FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State and Local Governments (44 CFR Part 13) http://www.aecess.gpo.gov/nara/cfriwaisidx 06/44cfr13 06.html Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFR Part 225) http://www.access.gpo.gov/nara/cfr/waisidx_08/2efr225 08.html Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133 http://www.whitehouselov/omb/circulars/index.html Improper Payments Information Act (IPIA) of 2002 (Public Law 107-300) http://www.doLgov/ocfo/medialregs/WL&pdf Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412) http://www.evo.gov/fdsys/pkg/PLAW-110pub1412/html/PLAW-110pub1412.htm Executive Order 13347 - Individuals with Disabilities in Emergency Preparedness http://www.fema.gov/pdf/emergency/Dims/rams executive_ order 13347.pdf The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) http://www.dol.gov/oasam/regs/statutestsec504.htm The National Environmental Policy Act of 1969 (42 U.S.C. 4321) http://www.nepa.govineDa/regs/nepainepaegia.htm The United States Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) http://www.emergency-management.net/act_firehtm Federal Funding Accountability and Transparency Act (FFATA) of 2006 (Public Law 109-282) http://w ww.gpo.gov/fdsys/pkg/PLAW-109pub1282/pdf/PLAW-109Dub1282.pdf Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d) http://www.usdoj.govicrt/coricoordititlevistat.htm Title VIII of the Civil Rights Act of 1968 Fair Housing Act (42 U.S.C. Section 3601, et seq.) http://www.usdoj.g,ov/crt/housingititle8.htm The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) httD://www.usdoi,goviciticor/coord/titleixstat.htm Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 http://www.dol.govioasamiregs/statutes/age act.htm The Americans with Disabilities Act of 1990 (V TT e C" "Mil) http://www.ada.gov/pubs/ada.htm Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.mi.gov/(uOlxge1tnuj5z55z2uiwv45)/niileg.aspx?pagc —vetobject&objectname—mc1- Act-453-of-19768Lqueryid=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" http://www.le gislature.mi. Qov/(uq31xgeltmrj5z55z2uiwv45)/mileg.aspx?D ag e=getobj ect&obi °di-tame-111cl- Act-220-of-1976&quervid=714718589 Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29) http://ecfr.gpoaccess.gov/egi/t/textitext-idx?c=ecfr8M1=/ecfrbrowserfitle06/6cfr29 _main 02.to1 Department of Homeland Security — Protection of Sensitive Security Information (49 CFR Part 1520) http://www.access.gpo.gov/naralcfr/waisidx04/49cfrl 520 04.html Gala Piir From: Plotkowski, Andrea <plotkowskia@oakgov.com > Sent: Thursday, December 22, 2011 12:27 PM To: 'Piir, Gala' Subject: RE: Grant Review: Homeland Security Division - 2011 Homeland Security Grant Program (HSGP) - Grant Acceptance, RM11-0366 (RM11-0095, RM10-0127, 0128, 0129) Approved by Risk Management. Andrea Plotkowski Andrea Piotkowski, CIC Risk Management & Safety Phone: 248-858-1694 Fax: 248-452-9796 Email: plotkowskiAgioakaov.com Hours: Monday - Thursday: 7:00 a.m. to 5:30 p.m. From: Piir, Gaia imailto:piirg(ftakgov.com1 Sent: Friday, December 16, 2011 4:12 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: Smith, 'Tricia; 'Quisenberry, Theodore H.'; 'Stoddard, Sara'; Tisacreta, Antonio' Subject: Grant Review: Homeland Security Division - 2011 Homeland Security Grant Program (HSGP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Homeland Security Division 2011 Homeland Security Grant Program (HSGP) 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: December 28, 2011 GRANT INFORMATION Date: December 16, 2011 Operating Department: Homeland Security Division Department Contact: Theodore Quisenberry or Tricia Smith Contact Phone: 248 452-9578 or 248 858-5371 Document Identification Number: CFDA #97.067 REVIEW STATUS: Agreement — Resolution required Funding Period: September 1, 2011 through May 30, 2014 New Facility! Additional Office Space Needs: None IT Resources (New Computer Hardware/Software Needs or Purchases): No Gaia Piir From: Sent: To: Subject: Hall, Jody <haills@oakgov.com > Tuesday, January 03, 2012 3:27 PM 'Piir, Gala'; 'Quisenberry, Theodore H.% Stoddard, Sara; 'VanPelt, Laurie'; Jones, Karen; Julie Secontine; Pisacreta, Antonio; Smith, Tricia RE: Homeland Security Division: FY 2011 Homeland Security Grant Program--Grant Agreement Hello Again: I forgot to add that the Grant Agreement is approved. Sorry. Jody Jody S.Hall, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3ra Floor Pontiac, MI 48341 Phone Number: (248) 858-0555 Fax Number: (248) 858-1003 E-mail: hallisAoakoov.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) 855-0550. Thank you for your cooperation. From: Jody Hall [maitto:halljs@oakgov.corn] Sent: Tuesday, January 03, 2012 3:23 PM To: 'Piir, Gala' (piirg@oakgov.com ); 'Quisenberry, Theodore H.'; Stoddard, Sara (stoddards@oakgov.corn); 'VanPelt, Laurie'; Jones, Karen (jonesk@oakgov,com); Julie Secontine (secontinej@oakgov.com ); Pisacreta, Antonio; Smith, Tricia Subject: RE: Homeland Security Division: FY 2011 Homeland Security Grant Program-Grant Agreement Good Afternoon All: Ted Quisenberry and I had a conference ca0 with the State of Michigan today to discuss the items listed below for the 2011 Homeland Security Grant Program—Grant Agreement_ Items 2-4 were mandates from the Federal Government. Thus, to adequately protect the County I will include these mandates in the 2011 Interlocal Agreement which passes through the grant monies to the Counties and City of Detroit. Item 1 was just terminology and not really a legal issue—just me paying too much attention to details. 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 1 Courthouse West Wing Extension, 3n1 Floor Pontiac, MI 48341 Phone Number: (248) 858-0555 Fax Number: (248) 858-1003 E-mail: hallisoakoov.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 Jody Hall Imailto:hallis(aoakgov.corni Sent: Thursday, December 22, 2011. 1:15 PM To: 'Piir, Gaia (piirg (oakgov.com ); 'Quisenberry, Theodore H.'; Stoddard, Sara (stoddardsPoakgov.com ); Laurie'; Jones, Karen (jonesk(aoakgov.com )", Julie Secontine (secontinejtboakqov.com ); Pisacreta, Antonio; Smith, Tric..a Subject: Homeland Security Division: FY 2011 Homeland Security Grant Program—Grant Agreement Good Morning All: After reviewing the FY 2011 Homeland Security Grant Program Agreement, I have found a couple of issues that need to be addressed. These issues involve changes from the FY 2010 Homeland Security Grant Program Agreement. 1. In the last sentence of "Section II Objectives" has the term "Detroit FY 2011 Urban Area UASi investments" in it. This is a new term for the 2011 Grant Agreement. I just want to make sure this is the correct terminology and that it is used correctly and consistently throughout the 2011 Grant Agreement. 2. The State added a new paragraph in "Section IV HSGP Award Amount and Restrictions." That is paragraph M which states the "Subgrantee may only fund activities which directly support one of the FEMA-approved investments...." Paragraph NI, in my opinion, is in conflict with Paragraph L of that same section which requires the State and the Homeland Security Planning Board to approve, review and make the final determination on how the grant monies are allocated and/or spent. 3. Paragraph M is also repeated in "Section V Responsibilities of the Subgrantee—paragraph I." . 4. Paragraph T of "Section V Responsibilities of the Subgra htee" requires that the County "ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds" complies with the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2255a. This paragraph is new in the 2011 Grant Agreement. I don't know how the County can "ensure" compliance by all the entities receiving grant funds. would like the word "ensure" to be replaced with "require." • Let me know if you have any questions and how 1 should contact at the State, Happy Holidays! Jody C.) Jody S.Hall, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3rd Floor Pontiac, Ml 48341 Phone Number: (248) 858-0555 Fax Number: (248) 858-1003 E-mail: hallisoakcov.com 2 Gaia Piir From: Sent: To: Cc: Subject: Jones, Karen <jonesk@oakgov.com > Friday, December 16, 2011 4:16 PM 'Piir, Gaia'; 'Davis, Patricia': 'Secontine, Julie': 'VanPelt, Laurie' 'Smith, Tricia'; 'Quisenberry, Theodore H.'; 'Stoddard, Sara'; 'Pisacreta, Antonio' RE: Grant Review: Homeland Security Division - 2011 Homeland Security Grant Program (HSGP) - Grant Acceptance Approved. From: Piir, Gala rmailto:piiro©oakgov.coml Sent: Friday, December 16, 2011 4:12 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc; Smith, Tricia; 'Quisenberry, Theodore H.'; 'Stoddard, Sara'; 'Pisacreta, Antonio' Subject: Grant Review: Homeland Security Division - 2011 Homeland Security Grant Program (HSGP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt— Karen Jones —Julie Secontine —Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Homeland Security Division 2021 Homeland Security Grant Program (HSGP) 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: December 28, 2011 GRANT INFORMATION Date: December 16, 2011 Operating Department: Homeland Security Division Department Contact: Theodore Quisenberry or Tricia Smith Contact Phone: 248 452-9578 or 248 858-5371 Document Identification Number: CFDA #97.067 REVIEW STATUS: Agreement — Resolution required Funding Period: September 1, 2011 through May 30, 2014 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: $8,091,476.00 Prior Year Total Funding: $11,798,426 New Grant Funded Positions Request: No Changes to Current Positions: Continuing • Continue Position 10296, Homeland Security — Regional SAP • Continue Position 10520, Homeland Security— Regional SAP Gaia Piir From: VanPelt, Laurie <vanpeltl@oakgov.com> Sent: Friday, December 16, 2011 4:35 PM To: 'Piir, Gala'; 'Davis, Patricia'; 'Jones, Karen'; 'Secontine, Julie' Cc: 'Smith, Tricia'; 'Quisenberry, Theodore H.'; 'Stoddard, Sara'; 'Pisacreta, Antonio' Subject: RE: Grant Review: Homeland Security Division - 2011 Homeland Security Grant Program (I-ISGP) - Grant Acceptance Approved. From: Piir, Gala fmailto:piirqoakgov.corni Sent: Friday, December 16, 2011 4:12 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie`; 'VanPelt, Laurie' Cc: Smith, Tricia; 'Quisenberry, Theodore H.'; 'Stoddard, Sara'; 'Pisacreta, Antonio' Subject: Grant Review: Homeland Security Division - 2011 Homeland Security Grant Program (HSGP) - Grant Acceptanim GRANT REVIEW FORM 31.1.011n11110n4111610.0111nn .01n11111MaNNIVIMMAI TO: REVIEW DEPARTMENTS Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Homeland Security Division 2011 Homeland Security Grant Program (HSGP) Michigan Department of State Police, Emergency Management and Homeland Security Division. Attached to this email please find the grant documents) 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: December 28, 2011 GRANT INFORMATION Date: December 16, 2011 Operating Department: Homeland Security Division Department Contact: Theodore Quisenberry or Tricia Smith Contact Phone: 248 452-9578 or 248 858-5371 Document Identification Number: CFDA #97.067 REVIEW STATUS: Agreement — Resolution required Funding Period: September 1, 2011 through May 30, 2014 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: $8,091,476.00 Prior Year Total Funding: $11,798,426 New Grant Funded Positions Request: No Changes to Current Positions: Continuing • Continue Position 10296, Homeland Security — Regional SAP • Continue Position 10520, Homeland Security — Regional SAP Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations http://www.whitehouse.gov/news/releases/2002/1 goy/news/releases/2002/1 2/20021212-6.html U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act 01 1970 http://www.fhwa.dot.gov/realestate/act.htm Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.gov/hatchact.htm Restrictions on Lobbying (28 CFR part 69) http://www.access.gpo.gov/nara/cfr/waisidx_04/28cfr69_04.1itm1 Executive Order 12549 — Debarment and Suspension http://www.archives.gov/federal-register/codification/executive-order/12549.html Government-Wide Debarment and Suspension (28 CFR, Part 67) http://www.access.Roo.govinara/cfr/waisidx 04/28cfr67 04.html Drug-Free Workplace Act of 1988 http://frwebate.access.vo.gov/cgi-binigettioc.c_gi?dbname —browsq_usc&docid—Cite:+41USC701 Single Audit Act of 1984 (with amendments in 1996) http://www.whitehouse.gov/ornb/financial/fin single audit.html Federal Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) (2 CFR, Part 180) http://www.access.gpo.gov/nara/cfr/waisid.x 0812cfr180_08.html Trafficking Victims Protection Act of 2000, Section 106 htV.//www. state.gov/g/lip/rlsitiprot/2007/86205.htm Executive Order 12958—Classified National Security Information htto://frwebgate.access.po.govicgi-bin/getdoc.cgi eldbname=1995_register&docid----fr20ap95-135.pdf Endangered Species Act of 1973 http://www.mnfs.noaa.gov/pr/laws/esa/ Executive Order 11988 - Floodplain management http://www.archives.gov/federal-rep.ister/codification/executive-order/11988.html Executive Order 11990 - Protection of wetlands littp://www .archives.gov/fcderal-re gisterlcodificati on/ ex ecutive-order/11990.html Executive Order 12898 - Environmental Justice for Low Income and Minority Populations http://www.fetna.gov/plan/chp/ehplaws/ej eo.shtm Executive Order 12372 - Intergovernmental review of Federal programs http://www.fws.gov/policy/library/rgeo12372.pdf US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.access.gpo.gov/nara/cfr/waisidx_04/28cfrv2_04.html Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) http://www.access gpo . goy/nal-a/c fr/wais 801 01.html Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http ://ww w. ac cess.gp o. gov/nara/efew a isidx_04/28cfr22_04.html Criminal Intelligence Systems Operating Policies (28 CFR, Part 23) http://www.access.gpo. gov/nara/c few aisidx 04/28cfr23 04.htmJ Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http ://www.access. gpo govinara/cfr/w a isidx_01 /28cfr30_01.html Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) hup://www.access.gpo.gov/nara/efewaisiclx_01/28cfr35 01. html Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://www.usdoj .gov/ovw/docs/asgmemoreimplementationof28cfrpart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) http://www . access .gpo .gov/nara/cfr/waisid.x_01/28cfr42 01.htrui Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) http://www.access.gpo. go v/nara/e fr/w ais idx_01/28c fr61 01 .html Floodplain Management and Wetland Protection Procedures (28 (2FR Part 63) http://www.accesspo ,gov/nara/cfr/waisidx01 /28cfr63 01.htm1 National Historic Preservation Act of 1966 (16 U.S.C. 470) http ://www .nos gov/history/local-law/nhpa1966.htm Executive Order 11593 — Protection arid enhancement of the cultural emironntent http://www. sa. gov/P ortal/gsa/ep/contentView .do?contentTyp eG SA BASIC84.0ontentid=12094 Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469) http://www.nps.gov/history/local-law/FHPL ArchHistPres.pdf Omnibus Crime Control and Safe Streets Act of 1968 http://www.usdoj.gov/crtispliti42usc3789d.htm Victims of Crime Act (42 USC Section 10604) http://www.usdoi .govicrt/coribyagency/doj 10604.htm Juvenile Justice and Delinquency Prevention Act http://oijdp.nc_jrs.org/about/jjdpa2002tit1ev.pdf Federal Civil Rights Act of 1964 http://w-ww.usdoj.gov/crt/cor/index.htm State of Michigan FY 2011 Homelund Security Grant Program September 1, 2011 to May 30, 2014 CFDA Number: 97.067 Grant Number: EMW-2011-SS-00103 This Fiscal Year (FY) 2011 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 FY 2011 HSGP is a primary funding mechanism, adminietered by the United States Department of Homeland Security (DHS), for building and sustaining national preparedness capabilities. The HSGP is one tool among a comprehensive set of federal government initiatives to help strengthen the nation against risks associated with potential terrorist attacks. 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 2011 HSGP). I-ISGP is comprised of five interconnected grant programs, of which two are covered by this grant agreement: The State Homeland Security Program (SHSP): The SisISP is a core assistance program that provides funds to build capabilities at the state, local, tribal, and territorial levels, to enhance national resilience to absorb disruptions and rapidly recover from incidents, both natural and man made, as well as to implement the goals and objectives included in state homeland security strategies and initiatives in State Preparedness Reports (8PR). 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. Subgrantees must demonstrate this dual-use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness, Urban Areas Security Initiative (UASI): The intent of the Urban Areas Security Initiative 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 2011 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 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. Urban Areas must take an inclusive regional approach to the development and implementation of the FY 2011 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. Grantees must also demonstrate the integration of children and individuals with disabilities or access and functional needs into activities implemented under this program. FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 2 of 12 IL 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 comply with the FY 2011 HSGP Guidance and Application Kit, comply with the FY 2011 HSGP Michigan Supplemental Guidance, and align with investment projects specifically approved by the Subgrantor. Allowable activities using SHSP funds must align with the Michigan FY 2011 HSGP investments. Allowable activities using UASI funds must align with the Detroit FY 2011 Urban Area UASI investments. For guidance on allowable costs and program activities, please refer to the FY 2011 HSPG Guidance and Application Kit: Section 1 — Application and Review Information located at http://www.fema.gov/odfigovernment/grant/2011ifyll_hsgp_kit,pdf and the FY 2011 GPD Preparedness Grant Programs Guidance and Application Kit: Section — Award Administration Information, located at http://www.fema.gov/pdf/governrnentigrant/2011/fyl l_hsgp_award,odf. Subgrantees must take a regional approach when determining the best use of FY 2011 HSGP funds. Subgrantees must consider the needs of local units of government, tribal governments, and applicable volunteer organizations in developing their HSGP projects and activities. 111, Statutory Authority Funding for the FY 2011 HSGP is authorized by the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112-10), and Section 2003 of the Homeland Security Act of 2002, as amended by Section 101 of the Implementing Recommendations of the 9/11 Commission Act, 6 U.S.C. 604. The Subgrantee agrees to Comply with all FY 2011 HSGP program requirements in accordance with the FY 2011 HSPG Guidance and Application Kit: Section 1— Application end Review Information and the FY 2011 GPO Preparedness Grant Programs Guidance and Application Kit: Section 11— Award Administration information. The Subgrantee also agrees to comply with all applicable statutes, regulations, executive orders, OMB circulars, award terms and conditions, DHS requirements, Michigan's approved FY 2011 investment justification, and the Detroit Urban Area's approved FY 2011 UASI investment justification. These include, but are not limited to the following, as applicable: A. Administrative Requirements 1. 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, located at htlp r1Frz ..y puduuc5.govieg lit/text/text- i d x7c=ecir&tpl=lecfrbrowserT itle44144cfr13_main_02.tpl 2. 2 CFR, Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110), located at http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sida5f90b818356757091bb85ea93f163c6a8ttpl=lecfrbrowse/Title02/2cfr215_m ain_02.tpl 1 44 CFR, Part 10, Environmental Considerations, located at http://eCFR.gooaccess.gov/cgi/t/textitext- idx?c=ecfr&tpl=fecfrbrowserfitle44/44cfr10_main_02,tpl B. Cost Principles 1, 2 CFR, Part 225, Cost Principals for State, Local, and Indian Tribal Governments (OMB Circular A-87), located at http://ecfr.gpoaccess ,gov/cgiNtext/text- idx?c=ecfr&tpl=irecfrbrowsefritle02/2cfr225_main_02.tpl 2, 2 CFR, Part 220, Cost Principles for Educational Institutions (OMB Circular A-21), located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx7c=ecfr&tpl=lecfrbrowserritle02/2ofr220_main_02.tpl 3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB Circular A-122), located at http://ecfr.gpoaccess.gov/cgilt/texiAext-idx?c,--ecfratp1=/ecfrbrowse/Title02/2cfr230_main_02.tpl 4. 48 CFR, Part 31.2 Federal Acquisition Regulations (FAR), Contract Cost Principles and Procedures. Contracts with Commercial Organizations, located at http://ecfr.gpoaccess.gov/cgiNtext/text- FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 3 of 12 idx7cxecfr&sidedc82fdbcf3b48a621ba49fcd6f62081 a&rgnediv6&view=text&node=48:1.0,1 .5.30.2&idn 0=48 C. Audit Requirements & Other Assessments 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whitehouse.govisites/default/files/omb/circulars/a133/a 1 33.pdf 2. Public Law 107-300, Improper Payments Information Act (IPIA) of 2002, located at http://wwvv.dol.gov/ocfo/media/regs/IPIA.pdf IV. 1-1SGP Award Amount and Restrictions A. The Comm OF OAKLAND, as the Fiduciary Agent for Region 2, is awarded $8,091,476.00 under the FY 2011 HSGP. This total consists of $541,780.00 from the SHSP program and $7,549,696.00 from the UASI program. The 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. FY 2011 HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional public health and safety duties or to supplant traditional public health and safety positions and responsibilities. C. The FY 2011 HSGP does not contain a separate line-item for the Law Enforcement Terrorism Prevention Program (LETPP). However, at least $183,447.00 of SHSP award funds and $2,061,0; ;.o0 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 the minimum requirement is met. D. A maximum of $270,890.00 of SHSP award funds and $3,774,848.00 of LAS! 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). In general, the use of SHSP funding to pay for staff and/or contractor regular time or overtime/backfill Is considered a personnel cost. A detailed definition of personnel costs is provided in Parts II and VI of the FY 2011 HSPG Guidance and Application Kit: Section I— Application and Review Information, The Subgrantee must ensure that the maximum requirement is met, E. Exactly $27,089.00 of SHSP award funds and $377,484.00 of UASI award funds are allocated to the Subgrantee to be used for the Management and Administration (M&A) of the FY 2011 HSGP. M&A allowable costs are defined in the FY 2011 HSPG Guidance and Application Kit: Section I — Application and Review Information located at http://www.fema.gov/pdf/government/grant/2011/fy11_hsgp_kit.pdf . 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. F. Exactly $128,672.00 of SHSP award funds and $1,793,053,00 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. G. 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: B. FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 4 of12 County of Macomb SHSP funding source: $57,622.00 UASI funding source: $802,957.00 County of Monroe SHSP funding source: $32,723.00 UASI funding source: $455,999.00 County of Was htenaw SHSP funding source: $37,506.00 UASI funding source: $522,644,00 County of Wayne SHSP funding source: $77,621.00 UASI funding source: $1,081,654.00 County of Oakland City of Detro;: SHSP funding source: $69,303.00 SHSP funths.7.. source! $73,535,00 UASI funding source: $965,732.00 UASI fune:,,,.; source: $1,014,702.00 County of St. Clair. SHSP funding source: $37,709.00 UASI funding source: $525,471.00 H. 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. I. No portion of the funds specifically allocated to local governmental units may be used for M&A expenses. J. 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 November 30, 2013. 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, K. 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 eligible for federal funding. L. Except as otherwise specifically set forth in this grant agreement, the Subgrantor (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 Subgrantor by the Subgrantee. M. The Subgrantee may only fund activities which directly support one of the FEMA-approved investments included in Michigan's FY 2011 HSGP Investment Justification (for SHSP funds) or in the Detroit Urban Area's FY 2011 HSGP-UASI Investment Justification (for UASI funds). To assist Subgrantees, the Subgrantor has developed the Fr 2011 HSGP Michigan Supplemental Guidance to provide additional information on HSGP projects consistent with national priorities, state and regional homeland security strategies, and Michigan's FY 2011 HSGP Investment Justification. N. In the event the Federal Emergency Management Agency (FEMA) determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. V. Responsibilities of the Subgrantee A. The Subgran tee agrees to act as the designated Fiduciary Agent for the Region 2 Homeland Security Planning Board. FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 5 of 12 B. The Subgrantee agrees to comply with all applicable federal and state regulations, including, but not limited to the following documents, all of which are incorporated by reference to this grant agreement 1, FY' 2011 HSGP Guidance and Application Kit Section I — Application and Review information, located at http://www,fema.gov/pdfigoverrimentigrant/2011/fy11_hsgp_kit.pdf 2. FY 2011 GPI) Preparedness Grant Programs Guidance and Application Kit Section — Award Administration Information, located at http://www.fema ,gov/pdffgovernmentigrant/2011/fy11_hsgp_award.pdf 3. FY 2011 HSGP Michigan Supplemental Guidance 4. Agreement Articles Applicable to Subgrantees: Fiscal Year 2011 HSGP Grants. This document is enclosed with the grant agreement packet. C, In addition to this FY 2011 HSGP grant agreement, the Subgrantee shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by reference into this grant agreement: 1, Standard Assurances 2. Certifications Regarding Lobbying: Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement 3. State of Michigan Audit Certification Form (EMD-053) 4. Request for Taxpayer Identification Number and Certification (W-9) 5. DUNS Number Record Form 6. Other documents that may be required by federal or state officials D. The FY 2011 HSGP covers eligible costs from September 1, 2011 to May 30, 2014. Please refer to the FY 2011 HSPG Guidance and Application Kit: Section I — Application and Review information, located at http://vvww.femagov/pdfigovernmentigrant/2011/fyl l_hsgp_kit.pdf, for a detailed list of costs eligible under this grant. Allowable costs are specifically addressed in Parts II and VI of the Guidance and Application Kg, E. FY 2011 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. F. Make all purchases in accordance with federal and state grant guidance and local purchasing policies. G. The Subgrantee will select an individual who will act as a programmatic single point of contact between the Region 2 Homeland Security Planning Board and the Subgrantor. This individual, among other duties, will be responsible for submitting all projects to the Sulegrantor for approval. Reporting must follow the format and schedule specified by the Subgrantor, H. The Subgrantee will select an individual to act as a fiduciary single point of contact between the Subgrantee and the Subgrantor. The separate roles of programmatic single point of contact and fiduciary single point of contact may be filed by the same individual as the discretion of the Subgrantee, I, The Subgrantee may only fund activities which directly support one of the FEMA-approved investments included in Michigan's FY 2011 HSGP Investment Justification (for SHSP funds) or in the Detroit Urban Area's FY 2011 HSGP-UASI Investment Justification (for UASI funds). To assist Subgrantees, the Subgrantor has developed the FY 2011 HSGP Michigan Supplemental Guidance to provide additional information on HSGP projects consistent with national priorities, state and regional homeland security strategies, and Michigan's FY 2011 HSGP Investment Justification. J. If applicable, within 30 days of the end of the Subgrantee's fiscal year, the Subgrantee must supply a document to the other local governmental units reporting the dollar amount spent on their behalf, so local governmental units can submit the information on their Schedule of Expenditures of Federal Awards (SEFA) report. NOTE: Copies of these documents must also be provided to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910-5883, FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page DOT 12 K. Create and maintain an inventory of all equipment purchases in accordance with 44 CFR Part 13.32(d)(1), located at http://eCFR.gpoaccess.govicgiNtext/text- idxeceecfreepleeecfrbrowserritle44/44cfrl3 ernaine02.tpl. Within 30 days of the end of the Subgrantee's fiscal year, the Subgrantee must supply a copy of this inventory to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910- 5883. An Equipment Tracking Form is available to assist the Subgrantee in meeting these requirements. The form can be found online at http://www.michigan.govimsp/0,1607,7-123-1593_3507_41574-214684-- ,00.html. The Subgrantee may consider marking equipment in the following manner: "Purchased with funds provided by the U.S. Department of Homeland Security". L. If the Subgrantee purchases equipment for a local governmental unit with EY 2011 HSGP funds, the Subgrantee shall make the equipment available for pick-up by that local governmental unit per equipment assignments by the Region 2 Homeland Security Planning Board. This process needs to include legal transfer of the equipment to the designated local governmental units. At minimum, the Subgrantee should prepare documents, which when signed, will indicate other designated local governmental units accept full legal and financial responsibility for the pieces of equipment. M. 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), if expenditures have been paid. 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 Michigan State Police Emergency Management and Homeland Security Division (EMI-ISD) website, located at http://www.michigan ,govirrisp/0,1607,7-123- 1593_3507_41574-214684--,00.htme The Subgrantee will not be reimbursed for funds until all required signed documents and reimbursement documentation are received, N. The Subgrantee will be required to submit reports to the Subgrantor on the status of all funding. Reporting must follow the format and schedule specified by the Subgrantor. All reports are to be submitted by the Subgrantee (fiduciary agent). 0. Submit other reports, as required by the Subgrantor, to implement an investment-specific reporting process. P. The Subgrantee is required to comply with National Incident Management System (NIMS) requirements to be eligible to receive FY 2011 federal preparedness funds awarded through DHS. NIMS information is available at http://www.fema,gov/emergency/nims. more information on complying with Nime will be made available through the State NIMS Coordinator, Q. 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 2011 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 A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as further described in 44 CFR, Part 13. R. Integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347 and the Rehabilitation Act of 1973. FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 7 of 12 S. Environmental and Historic Preservation Compliance: The federal government is required by the National Environmental Policy Act (NEPA) of 1969 to consider the potential impacts to the human and natural environment of projects proposed for federal funding. The Environmental and Historic Preservation (EHP) Program engages in a review process to ensure that federally-funded activities comply with various federal laws. The goal of these compliance requirements is to protect our nation's water, air, coastal, wildlife, agricultural, historical, and cultural resources, as well as to minimize potential adverse effects to children and low-income and minority populations. The Subgrantee shall not undertake any project having the potential to impact EHP resources without prior approval. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not he eligible for federal funding. T. Hotel and Motel Fire Safety Act of 1990: In accordance with section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, the subgrantee agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Art of 1974, 15 U.S.C. §2225. U. DHS Specific Acknowledgments and Assurances: The Subgrantes acknowledges and agrees to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Detailed information on these provisions can be found in the FY 2011 GPO Preparedness Grant Programs Guidance and Application Kit: Section II— Award Administration Information, located at http://wvvwJema.gov/pdf/goverrirrientigrant/2011/fyll ehsgp_award,pdf.; specifically in Part II, Page 16, Section 5.23. V. Upon request, Subgrantee will supply information to the Subgrantor to address federal reporting requirements for type classification of equipment and training, W. Upon request, Subgrantee will supply information to the Suborantor as required to address federal reporting requirements relevant to the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public Law 109-282), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (Public Law 110-252). X. Upon request, Subgrantee will supply information to the Subgrantor as required to address federal reporting requirements for fusion centers. Reference pages 8-11 of the FY 2011 HSPG Guidance and Application Kit: Section I — Application and Review Information for additional details, Y. Duplication of Benefits - The Subgrantee will comply with, 2 CFR Part §225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87), Basic Guidelines Section C.3 (c), located at http://www.whiteheuse ,govisitesidefault/files/omb/fedreg/2005/083105_a87.pdf. This regulation states: "Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Authority may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. However, this prohibition would not preclude governmental units from shifting posts that are allowable under two or more awards in accordance with existing program agreements. Non-governmental entities are also subject to this prohibition per 2 CFR Parts pal and §230 and 48 CFR Park §31.2. 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 2011 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 2011 HSGP investments and Homeland Security Strategies_ Projects to be funded by SHSP must align to Michigan's FY 2011 HSGP investments and the FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 8 of 12 State of Michigan Homeland Security Strategy, Projects to be funded by UASI must align to FY 2011 UASI investments and the UASI Homeland Security Strategy. Project documentation will include an explanation of how each 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 UASI) 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 2011 FISGP 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 administration 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. At its discretion, independently, or in conjunction with DHS, conduct random on-site reviews with Subgrantee(s). VIII. Reporting Procedures The Subgrantee will be required to submit reports to the Subgrantor on the status of all funding. Reporting must follow the format and schedule specified by the Subgrantor. Funding status reports are mandated by the federal government. Failure by the Subgrantee to fulfill reporting requirements, in compliance with federal grant rules, shall result in the suspension of grant activities until reports are received and may jeopardize future federal funding. All reports are to be submitted by the Subgrantee (fiduciary agent). The Subgrantor will also submit other reports, as required by the Subgrantor, to implement an investment-specific reporting process. IX. Payment Procedures The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMO-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), if expenditures have been paid. 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 Michigan State Police Emergency Management and Homeland Security Division (EMHSD) website, located FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 9 of 12 at http://www.michigan.govimspi0 ,1607,7-123-1593_3507_41574-21 4684--,00.html. The Subgrantee will not be reimbursed for funds until all required signed documents and reimbursement documentation 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 (44 CFR, 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: Michigan State Police EMHSD, Financial Section, 4000 Collins Road, Lansing, MI 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; Title VIII of the Civil Rights Act of 1968: Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act); the Age Discrimination Act of 1975; Titles I, II and III of the Americans with Disabilities Act of 1990; the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et Sea.; 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. The subgrantee 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 hanceeap that is unrelated to the individual's ability te perform the duties of a particular job or position. The Subgrantee agrees to include in every subcontract entered into for the performance of this grant agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the grant agreement. The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of Subgrantee on this Project appears on the Federal Excluded Parties List System, located at wvvw.epts.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, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. XIII. Grant Agreement Period This grant agreement is in full force and effect from September 1, 2011 to May 30, 2014. No costs eligible under this grant agreement shall be incurred before the starting date of this grant agreement, except with prior written approval, This grant agreement consists of two identical sets, simultaneously executed; each is considered an original having identical legal effect. This grant agreement may be terminated by either party by giving thirty (30) FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 10 of 12 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 XII above. No party to this grant agreement may assign this grant agreement or any of his/heilits 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 Sulegrantor. 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 eubgrant funding to the subgrantee, in whole or in part, or other measures may be imposed for any of the following reasons: e 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 by the subgrantee to adequately manage, monitor or direct the Grant funding activities of its subrecipients. Before taking action, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. 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. 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 FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 11 of 12 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 1620), as these designations may provide additional protection to certain classes of homeland security information. Signature Date W. Thomas Sands, Captain Printed Name Deputy State Director of Emergency Manacement and Homeland Security Title Date as.rr7l Lundy Printed Name Title Regional Plannino Board Chair FY 2011 HSGP County of Oakland (Region 2 Fiduciary Agent) Page 12 of 12 XVII. Official Certification For the Suborantee 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 Subgrantee Michael J. Gingen ; Chairper z.ort Oakland County noard of Corarniasio Printed Name Title For the Sub grantor (Michicsan State PoUc. Emerqnny Managemen.an m° For the Regional Board The Regional Board Chairs signature appears on this grant agreement as a certification that Region 2 Homeland Security Planning Board has chosen the County of Oakland to serve as the Fiduciary Agent for the FY 2011 HSGP. This signature does not provide inclusion of the Regional Board Chair or the jurisdiction he or she represents as part of the agreement between the Subgrantor and Subgrantee. Signature Date OMB APPROVAL NO. 1121-0140 EXPIRES 06/30/2009 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A- 133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and ccmpletion of the project described in this application. 2.1t will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain, 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. it will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C.§ 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 1_,J.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(c)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(h)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94); the Americans with Disabilities Act of 1990 (42 U.S.C.* 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-0'7); see Ea. Order 13279 (equal protection of the laws for faith-based and community organizations). 7. If a governmental entity— a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and la) it will comply with requirements of 5 U.S.C.§§ 1501 -08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature Date Date U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENS7/N AND OTHER aESPONSIBIL - MATTERS; AND DRUG-i-REL WORKPLACE REQUIRErtrar7S ApplieantS should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included In the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CF 5art 69, New Restrictions on Lobbying" aott 28 CFR Part 67, "GovernMent-wIde Debarment and Suspension (` npro-ourement) and Government-wide Requirements for Drug-Free Workplace (Grants): The Certifications shall be i.ated as a material representation Of fact upon which reliance will be placed when the Department of Justice deter' :nes to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 2a erR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 20 CFR Part 69, the applicant certifies that; (a) Ne Federal appropriated funds hove been paid or will be paid, by or on behalf of the undersigned, to any pereon for In- fluencing or attempting in influence an officer or employee of any ageney, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative egreement, and the extension, continuation, renewal, emenriment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or at- tempting to influence an officer or employee of any agency, a member of Congress, an officer oaemployee of Congress, or an employee of a Member of Congress in connection with this Federal grant 9r wept-weave agreement, the undersigned shalt complete and submit Standard Form • LLL, -Disolosure of Lobbying Activities," in accordance with its inatructions: (o) The undersigned shall require that the language of this cer- tification be included in the award documents for all sueawards at all tiers (including subgrants, contracts under grunte and cooperative agreements, and eithrnritrants) and that all RIO. recipients shall certify and disclose accordingly, 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Fxecutive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for proepeo- five participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and ite principals: (a) Are not presently deherred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial pf Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or ageocy; (e) Have not within a three-year period preceding this applica- tion been convicted of or had a civil tudgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal. Slate, of local) transaction or contract under a Wane transaction; violation of Federal or State antitrust stalutee or commission of embezzlement, theft, forgery, bribery, falsification or destruction at records, making false statements, or receiving stolen properly: (c) Are net 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, ar local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this eertification, he or she shall attach en explanation to this- application, 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1998, and implemented at 25 CFR Part 67. Subpart F, for grantees, as defined at 25 CFR Part 67 Sections 57.615 and 67.620— A. The applicant certifies that it will or will continue to provide C daig-free ‘Horkplace (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (h) Establishing an on-going drug-free awareneSS program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-tree workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will— Die FORM 40S1/6 {3-91) REPLACES OJP FORMS 40012,4051/3 AND 405.114 WhIleN ARE OBSOLETE (1) Abide by the terms of the statement; and , , . — . (2) Notify the employer in writing of his or her conviction for a , violation of a criminal drug statute occurring in the workplace . no later than five calendar dsys after such conviction: , Check i=j If there are workplaces on file that are not indentified , (0) Notifying the agency, in writing, within 10 calendar days here. after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such cenvIc-tion, is a State may elect to make one certification In each Federal rriployers of convicted employees must provide notice, including fiscal year A copy of which should be Included with each are- : position title, to: Department of Justice, Office Of plication for Department of Justice funding. States and State Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4051/7. ' 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 0, Form 406117, (f) Taking one of the following actions, within 30 calendar days of receiving notice under Subparagraph (d)(2), with respect to any employee who le so convicted— DRUG-FREE WORKPLACE. (GRANTEES WHO ARE INDIVIDUALS) (1) Taking appropriate personnel action against such an . employee, up to and including termination, consistent with the AS required by the Drug-Free Workplace Act of 1986 and kr requirements of the Rehabilitation Act of 1973, as amended; or Implemented at 28 CFR Part 67, Subpart F, for grantees, as at 28 and 67,620— CFR Part 67; Sections 67.51 6 (2) Requiring such employee to participete satisfactorily in a defined drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage such purposes by a Federal, State. or local health, law enforce- in the unlawful manufacture, distribution, dispensing, Posses- merit, or other appropriate agency: sien. or use of a controlled substance in eonclucting any (9) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs fa), (b). B. if convicted of a criminal drug offense resulting from a (c), (d), (e), and (f), violation occurring during the conduct of any grant activity, I B. The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days site(s) for the performance of work done in connection with of the conviction, to; Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 610 Seventh Street NW., Washington, DC 20531. Place of Performance (Street address, city, county, state, zip code) , As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications, 1. Grantee Name and AddreSer 2. Appiicetion Number aneler Project Name 3. Grantee IRS/vendor Number — 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date — — Govemeni Prinfnq Mu: 1996 • 4054)37/400 i AUDIT CELTIFICATION -11 STATE OF MICHIGAN EMD-053 (03-2004) MICHIGAN STATE POLICE Emerpencw Management & Home!and security riivi•eion (Signature ubgrantee's Authorized Representative) (Date) For Mg-P-EMD Use Only Reviewed By: 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. liallel.191 Program: FY 2011 Homeland Security Grant Program CFDA Number: 97.067 Subgrantee Information Jurisdiction Name: Street Address: City, State, Zip Code: Certification for Fiscal Year Ending (mrriiddiyyyy): (Check appropriate box) ri I certify that the subgrantee shown above does not expect it will be required to have an audit performed under L_J the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, for the above listed program. 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, copy of the audit report will be submitt ,ad tn: Pi idget nnd Financial Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634, Please mail completed form to: Michigan Department of State Police Emergency Management and Homeland Security Division Attention: Sean Brady 4000 Collins Road Lansing, Michigan 48910 Date: Authority: Act 390, P. k of 1976, as amended Completion: Voluntary, but Completion necessary to be considered for assistance- 'QM W-9 Request for Taxpayer Give Form to the requeSter. Do not Rey. December 2011) Identification Number and Certification 'Ond tO the IRS. Apartment of the Trove), Memel Revenue Service _ —.. Name fas ahown on your income tax eetUrrq , Buslne memisreparded entity name, if different from above o Cheek appropriate box for federal tax classification; Individual/sole proprietor 0 C Corporation D s COfporatIon 1:1 Partnership El Trust/In-tot.: Limited liability company. Enter the tax classification (C.0 CapOfEtbn, 3=5 corporation, P=partnerahip) I. 0 pt payee fl Exem e z a.Cl Other feee instruct' ay Address (number, street, and aet, orsu il,y CQ. Ruquestvra r*wmy yn5address ( ione4 City, ytStC, and ZIP code ist account number( s) here (optIonai) Part I.', Taxpayer Identification Number (TIN) riiter your TIN in the appropriate box, The TIN provided must match the name given en the "Name" line • soelos er---77-vit.Fru-linber to avoid backup withholding, For individuals, this Is your social security number (SSN). However, for a 1 resident alien, sole proprietor, or disregarded entity, see the Pert I instructions on page 3. For other or-046:m Irk Vt11 IY Ann ninvpr Irienfifinatinn number IgINI_ If you do not have a number. see How to clef a TIN on page 3. Note, If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number Under penalties of perjury, I nertify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting fore number to 40 issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding ; or (a) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholtling, and 3, I AM a U,S„ citizen or other U.S. person (defined below). Certification instructions. You must crass Out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For morigege interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the instructions on page 4. Sign signature of Here U.S. person e- Date it' General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to tile an Information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you. real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1, Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding it you are a U.S. exempt payee. If applicable, you are also certifying that as a 1.1.S. Parson. Your allocable share of any partnership income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' ehare of effectively connected Income. Note. It a requester gives you a form other than Form w-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W.S. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An Individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 3D -1.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership Is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, If you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-t to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No 10231X Form W-9 (Rev, 12 2011) Form te-e (Rev. 12-2011) The person who gives Form W-9 to the Partnership for purposes of establishing its U.S, statue end avoiding withholding on its allocable Share of net Income from the partnership conducting a trade or business In the United States lain the following cases: • The U.S. owner of a dieregareed entity and not the entity, • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the benefiolanee et the trust. Foreign person. If you are a foreign person, do not use Form W-9, Instead, use the appropriate Form W-$ (see Publication 515, Withholding of Tax Oh 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." Excepticns specified in the saving clause may permit an exemption trom 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 ere 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 an certain types of Income, you must attach a statement to Farm W-e that specifies the following five items: I. The treaty country'. Generally, this must be the same treaty under which you claimed exemption iron, 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 olause end it exceptions. 4. The type and amount of Income that qualifies tar 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,SeChina 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 liar stay in the United States exeeees 5 calendar years. However, paragraph 2 of the first Protocol te the al. S.-China treaty (dated April 30, 1984) allows the provisions of Article 23 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 that 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-B, What is baOkup withholding? Persons making certain payments to you must ender certain conditions withhold and pay to the IRS a ourocritagt1 of such payments, This Is called "backup withholding." Payments that may be subject to backup withholding include interest. tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties. nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are net Subject to backup withholding. You will not be subject te backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return, Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II inetruetipne on page 3 for details), 3, The IRS tells the requester that you furnished an Incorrect TIN. 4. The IRS tells you that you are subjeet to backup withholding because you did not report all your Interest and dividends on your tax return (tor reportable Interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounte opened after 19B3 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Speciaf rules for pertnersteps on page 1. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnieh a new Form W-9 if the name or TIN changes for the account, for example, lithe grantor of a grantor trust dies. Penalties Failure to furnish TIN. if you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. CM penalty for false Information with respect to withholding. If you make a false statement with no reasonable basis that results in DO backup withholding, you are subject to a $500 penalty, Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or Imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil arid criminal penalties. Specific Instructions Name if you are an Individual, you must generally enter the name Shown on your income tax return, However, if you have cnanged your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, tne name el the parson 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 (01:1A)" name on the "Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trade, or "doing business as (DBA) name" on the "Business name/disregarded entity name" line. 'Disregarded entity, Enter the owner's name on the "Name" line. The name of the entity entered on the "Name" line should never be a disregarded entity. The name on the "Name" line must be the name shown on the income tax return on which the Income will be reported, For example, if a foreign LLG that is treated aa a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name is required to be provided on the "Name" line, If the direct owner of the entity Is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes, Enter the disregarded entity's name on the "Business name/disregarded entity name" line. If the owner at the disregarded entity is a foreign person, you must complete an appropriate Form W-5, Note. Check the appropriate box for the federal tax classification of the person whose name is entered on the "Name" line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Tryst/estate). Limited Liability Company (LLC). lithe person identified on the "Name" line is an LLC, check the "Limited liability company" box only and enter the appropriate code for the tax classification in the space provided. If you are an LLC thet is treated as a partnership for federal tax purposes, enter "P" for partnership. if you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for C corporation or "S" for $ corporation. If you are an LLC that is disregarded as an entity separate from Its owner under Regulation section 301.7701 -3 (except for employment and excise tax), do not Shack the LLC box unless the owner of the LLC (required to be Identified on the "Name" line) is another LLC that is not disregarded for federal tax purposes. If the LLC is disregarded as an entity separate from Its owner, enter the appropriate tax classification of the Owner identified on the "Name" line. Perm te-s (Rev, 1R-2011) Page 3 Other entities. Enter your buelnese 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/ disregarded entity name" line. 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/ disregarded entity name, sign and date the form, Generaity, individuals (including sole proprietors) are not exempt from backup withholding. Corporations am exempt from backup withholding for certain payments, such as Interest and dividends, Note. If you are exempt frOrn 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 ot section 4010)(2). 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An internetional organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 5.A corporation, 7, A foreign central bank of 1st:1.w, E. A dealer in securities et. commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant realstered with the Commodity Futures Trading Commission, • 10, A reel estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A nornmon trust fund operated by s bank under sectien 594(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 654 or described in section 4947. The following chart 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 nt Is for .. . THEN the payment is xempt for ... Interest and divkiend payments All exempt payees except for 9 — Broker transactions Exempt payeee 1 through 5 and 7 through 13, Also, C corporations. Barter achange transactions and Exempt payees 1 through 5 patronage dividends —.. Payments over $600 required to be Generally, exempt pewees reported and direct sales over 1 through 7 ' $5,000 ' 'See FOr(11100-MISC, Miscellaneous Income, and its instructions, 'However, the following payments made to a corporetiOn and reportable On FOrrri 1o99-MiSO are riot exempt from backup withholdiree medical and health care payments, attorneys' fees, gross proceeds paid 10 en eitOrney. and payments for services paid by a federal executive agency, Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate 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 seourity number box. If you do not have an ITN. see How to get a TIN below. If you are a sole proprietor and you have an ElN, you may enter either your SSN or EN. However, the IRS prefers that you use your SSN. If you are a single-member 1..L.0 that is disregarded as an entity separate from its owner (sea 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 DN. If the LLC i5 classified as a corporation or partnership, enter the entity's EIN. Note. See The chart on page 4 for further combinations. Now to get a TIN. If you do riot have a TIN, apply for one immediately. To apply for an SSle, oat Form 55-5, Application for a Social Security Card, from your local Social Security Administration Oftlee or get this form online at www.ssagov. 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 (TIN, or Form 55-4, Applioation for Employer identification Number, to apply for an FIN. You earl apply for an EIN, online by accessing the IRS webeite at wwwirs.govlbusinesses and olicking on Employer Identification Number (EIN) uneer Starting a Business. You can at Forms W-7 and 55-4 from the IRS Sly visiting IRS,gov or by calling 1-800-TAX-FORM (1-800-829-3876). If you are asked to complete Form vv-9 but do not have a Tint, write "Applied For" in the space tor the TIN, sign and date the term, and give it to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to gets TIN and give it to the requester before you are subject to backup withholding on pbryltierltfi, 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, riterirIC "Applicd For" means that you have already applied for a TIN or that you intend to apply for one sport, Caution: A disregarded domestic entity that has a foreign owner most use the appropriate Form W-8. Part Ii, Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9, You may be requested to sign by the withholding agent even if item 1, below, arid Items 4 and 5 on page 4 indicate otherwise. For a joint account, only the person whose TIN is shown In Part I should sign (when required), In the case 01 a disregarded entity, the person Identified on the "Name" line must sign. Exempt payees, see Exempt Payee on page 3. Signature requirements. Complete the certification as indicated in Items 1 through 3, below, and Items 4 and 5 on page 4- 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 1989 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before sighing the torn 3. Rest estate transactions. You must sign the certification. You may cross out Item 2 of the certification, rificetion of name and TIN SSN, and '.ty theft and you receive c tft name ar'd pnoi ,,,,sted by identity theft but purse or wallet, qoesllon.ii: the IRS Identity Thof, 4535, Identity Theft Proventic• Form W-g (Rev. 12-2011) Page 4 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 art Incorrect TIN. "Other payments" Include payments made in the course of the requester's trade or business for rents, royalties, goods (other then bills for mercnandise), medieal and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, arid gross proceeds paid to attorneys (Including payments to corporations), 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, bt...1 you do not have to sign the certifion,on, What Name and Number To Give the Requester For type et eccount: e name an .. 1. Individual The individual 2. TWO or more individuate toitt The actual owner of the account or, account) if combined tunciz, the first individus: on the =count ' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4, ,3, The usuoi rev0011Diel savings The grantor-trustee ' trust (grantor it also trustee) 0. So-called trust account tnat is The actual owner not a legal or vaild trust under state law 5. Sole proorietorship or disregarded The owner' entity owned by an individuot S. Grantor trust filing ow:kir Optional The grantor' Fornn 1055 Filing Method I (set Regulation section 1.671-4(b)(2)(i)(A)) For this typth of aCCOUrit: Give name and EIN of; 7. Disregarded entity riot owned by an The owner Individual 6., A valid trust, estate, or pension trust Legal entity • 9. Corporation or LW electing The corporation orporate status on Form 8832 or Form 2553 10. Association, club, rdligiOuS, The organization charitable, educational, or other tax-exempt organization 11. PartnorthiP Or MA-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. ACCOunt with Inc Department of The public entity Agriculture in true name of a public entity Isuch as a state or local government, school district, or priton) that receives agricultural program payments 14. Grantor trust fling only, the Form The frunt 1041 Piling Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671 -4(b)12)(i)(13)) Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when somedne 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 lob or may file a tax return using your SSN to receive a refund. To reduce your risk! ▪ Protect your SSN, ▪ riSt.irs your employer is protecting yon • Be careful when choosing a tay ore,g- It your tax records are aftectev by :7...- notice from the IFV„ rear:Jond right a-- printed on the IR::: notice or letter. If your tax records are not currently thini, you me at risk due to a it or stb.. ca activity or credit report, co .-... at "i -800-908-4490 or submit Form 14j more Information, see Publicetign and Victim Assistance. 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 throuoh normal channels, may be eligibie for Taxpayer Advocate Service (TAS) assistance. You can reach 'FAS by calling the TAS toll-free case intake line at 1-877-777-4775 or TrYinG 1-800-829-405. Protect yourself from 5uspicimm emalls or phishing schemes. FThishing Is the creation and use of email and websites designed to mimic legitimate businese smalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emalls, Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. It you receive an unsolicited email claiming to be from the IRS, forward this message to phishingfOirs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1 -800-366-4454. You can forward suspicious emails to the Federal Trade Commission at: soam@uce,gov or contact them at www,ftc,govfidthell or 1-877-IDTHEFT (1-877-438-4338), Visit IFiS,gov to learn more about identity theft and how to reduce your risk. 'List brat and circle the merle Or the pefeen whhee number you furnish. It only One person en a 1551 eCcount has an Sal, that perstil'a hurnber Mutt be tdrillehed. 'Circle the minOr'S name and tumleh the minors SDN. you mum show your individual riante and YOu may elan enter your business or "09A" name On the "Buteneeb runnakesregarded entity" nerve line. 'Yea May use either your SSN or SIN (11 you have One), but the las anchorages you to use your &SM. 4 List first and circle the nettle Cl the tfUel, etnete, Or pension uusr. (Do not furnish he TIN or rrie personal repreagelativo or trustees unless tile Pedal entity 11E0311 Os nsi designated intim account tile.) Also Bee special ruiA.q .for partnerships on page 1. .NOte. Orentor :Aso nuzt provide a Form W-9 SO truelee 01 tent, 57111001•PIP, Privacy Act Notice Section 5109 of the Internal Revenue Code reouires you to provide your correct TIN to persons (inciudina tederai agencies) who are roquired to fife information returns with the IRS to report interest, dividends, or certain other income paid ko you; mortgage interest you paid; the acquisition or aoandonment of secured property: Me cancetiallen Qt debt; or contributions you made io on IRA, Archer MBA. or FISA. The person collecting this loon uses the information on the term to tile information returns with rho IRS, reporting the above information. Routine uses of this iniorination iriCkide giving It to the Department of Justite lOf civil and criminal litigation and to cities, states, the District of Columbia, and U.S. pOSsessiOnt tor use in administering their laws, The information au may be disclosed to other countries under a treaty, to federal and state agencies to eniorce civii and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file alas return. Under section 3405, payers must generally withhold a percentage of taxable interest, dividend, and certain otner payments to a payee who does not give a TIN to the payer. -Certain penalties may also pply tor providing false or fraudulent infonnqtiOn, Dun & Bradstreet Date Universal Numbering System (DUNS) Number Record Form Jurisdiction Name: Street Address: City, State, and Zip Code: DUNS Number: Agreement Articles Applicable to Subgrantees Fiscal Year 2011 tiomland Security Grant Program Article I Financial Guidelines The Subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to FEMA grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2, 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A- 110) 3, 44 CFR !-rt 10, Environmental Considerations B. Cost Principles: 1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circulez A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Prinoiples for Non-Profit Organizations (OMB Circular A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations Article H - Prohibition on Using Federal Funds The Subgrantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. Article III - Compliance with Program Guidance The Subgrantee agrees that all allocations and use of funds under this grant will be in accordance with the Homeland Security Grant Program guidance arid application kit. Article IV - Trafficking in Persons A. Provisions applicable to a Subgrantee that is a private entity. 1. Subgrantee, the Subgrantor's 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. The federal awarding agency may unilaterally terminate this award, without penalty, if the Subgrantee 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: 1. Associated with performance under this award; or ii, Imputed to Subgrantee or a 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 Government-wide Debarment and Suspension (Non-procurement)," as implemented by the federal awarding agency at 2 CFR Part 3000, B. Provisions applicable to a Subgrantee other than a private entity. The federal awarding agency may unilaterally terminate this award, without penalty, if a Subgrantee 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 Al of this award term through conduct that is either: a. Associated with performance ur...-.ier this award: or b. Impte:-.-t. to the Suberantee ft),E: standards and due p..-iner_!a for ireaerip the conduct of an Hie duel to an organization17-iat are provided in 2 CFR part 180, "OW:. eeiideilnes to Ageeeee en Government-wide Debarment and Suspension (Non-procuremeet)," as imp lE ..eriteci by the federal awarding agency at 2: CFR part 3000, C. Provisions applicable to any Subgrantee. 1. The Subgrantee must inform the Subgrantor immediately of any information received from any source alleging a violation of a prohibition in paragraph A.1 of this award term. 2. The federal awarding agency's right to terminate unileterelly 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 the federal awarding agency under this award. 3, The Subgrantee must include the requirements of paragraph Al of this award term in any subaward it makes to a private entity. D. Definitions, For purposes of this award term: 1. "Employee" means either: a. An individual employed by the Subgrantee 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 the Subgrantee including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3, "Private entity" means: • . a. Any entity other than a state, local government, Indian Tribe, or foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes: i, A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than One included in the definition of Indian Tribe at 2 CFR 175.25(b). 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). Article V - Classified Security Condition A. "Classified national security information," as defined in Executive Order (E0) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. B. 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 if the Subarantee or any Subrecipient has not been approved for and has access to such information. C. Where a Sulagrantee or Subrecipient 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 Subgrantee, Subreciplent, contractor, or other entity without prior written approval from the Subgrantor. D. 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: _htto://www.dhs.gov/xopnbiz/erants/index,shtm E. Immediately upon determination by the Subgranteee that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the Subgrantee shall contact the Subgrantor, for approval and processing instructions. • Article VI - National Environmental Policy Act (NEPA) The Subgrantee shall comply with all applicable federal, state, and local environment and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including; National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental justice (12898). Failure of the Subgrantee to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Subgrantee shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Subgrantee must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbance activities occur during project implementation, the Subgrantee must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the Sulagrantee will immediately cease construction in that area and notify the Subgrantor. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non- complianco finding. 0 3,932,809 0 0 $3,932,809 $ 77,534 ( 3,932,809) 7,933,849 80,093 $4,158,667 $ 77,534 0 7,933.849 80,093 $8,091,476 FISCAL NOTE (MISC . #12011) February 1,2012 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2011 FEMA STATE OF MICHIGAN HOMELAND SECURITY GRANT PROGRAM AGREEMENT 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 Michigan Department of State Police, Emergency Management and Homeland Security Division which has awarded $8,091,476 for a 2011 Homeland Security Grant Program to Region 2 of the State, which 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 2011 Homeland Security Grant Program (HSGP). 3. The grant award consists of $541,780 from the State Homeland Security Program (SHSP) and $7,549,696 from the Urban Area Security Initiative (UASI). 4. The grant period is September 1,2011 through May 30, 2014. 5. 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. 6. Of the $541,780 State Homeland Security Program funds, the following have been allocated: City of Detroit $73,535; Macomb County $57,622; Monroe County $32,723; Oakland County $69,303; St Clair County $37,709; Washtenaw County $37,506; and Wayne County $77,621. 7. Of the $7,549,696 UASI grant funds, the following has been allocated: City of Detroit $1,024,702; Macomb County $802,957; Monroe County $455,999; Oakland County $965,732; St Clair County $525,471; Washtenavv County $522,644; and Wayne County $1,081,654. 8. Of the total $8,091,476 Regional 2 award, up to 5% or $404,573 may be used for Management and Administrative expenses 9. As a result of increased fiduciary and subgrantee responsibilities the grant requires the continuation of two (2) Special Revenue full-time eligible Homeland Security-UASI Regional SAP positions( #10519 and #11023), one (1) Special Revenue full-time eligible Business Analyst position (#11024), and one (1) Special Revenue part-time non-eligible (1,000 hours/year) Technical Assistant position ( #11025) within the Homeland Security Division, and one (1) full-time non-eligible (2,000 hour/year) Buyer II position (#10521) in the Purchasing Division. 10. A portion of the award allocated to Region 2 is used to also continue two (2) full-time eligible special revenue Homeland Security-Regional SAP positions ( #10296 and #10520), which allows Oakland County to participate in regional planning activities. 11. In addition, a portion of 2011 Homeland Security Grant funds will be used to create one (1) Special Revenue full-time eligible Intelligent Analyst position. 12. To cover the cost of creating the Intelligent Analyst position, a portion of funds from the FY 2008 FEMA State Homeland Security Grant Program - Regional Fiduciary (accepted per MR# 09187), the FY 2009 FEMA State Homeland Security Grant Program - Regional Fiduciary (accepted per MR# 10134), and the FY 2010 FEMA State Homeland Security Grant (accepted per MR# 11118), along with funds from the FY 2011 FEMA State Homeland Security Grant Program through May 30, 2014, will be used. 13. The future level of service, including personnel, will be contingent upon the level of funding available from the State. 14. The FY 2012, FY 2013, and FY 2014 Special Revenue Budgets are amended as follows: DOMESTIC PREPAREDNESS EQUIPMENT (Fund 29340) Budget Reference 2012 / GR0000000594 FY 2012-2013 Adopted FY2012- 2013 FY 2012-2013 Adjustment Amended Budget Revenues 1020401-182090-610313 Federal Operating Grants 1060601-115095-610313 Federal Operating Grants 1060601-115127-610313 Federal Operating Grants 4030501-110110-610313 Federal Operating Grants Total Revenues FINANCE COMMITTEE Motion carried unanimously on a roll call vote. $ 43,462 2,730 0 0 0 239,060 33,162 240,620 63,581 311,466 141,988 396,480 92,678 81,715 149,313 0 0 1,098,580 0 0 0 0 0 0 0 0 57,600 0 0 434,304 0 485,895 60,^175 0 0 0 0 0 0 $3,932,809 ($ 43.462) ( 2,730) 79,679 4,855 0 43,462 36,631 239,060) 33,162) 240,620) 63.581) 311,466) 141,988) 396,480) 35,347 9.701) 149,313) 5,000 78,000 (1,098,580) 1,035,035 1,098,237 1,159,275 860,579 488,722 563,180 560,150 1,841,632 ( 57,600) 2,000 500 ( 434,304) 2,000 ( 485,895) ( 60,175) 2,000 20,000 2,000 2,000 10,000 3,500 $4,158,667 0 0 77,679 4,855 43,462 36,631 0 0 0 0 0 0 0 128,025 72,014 0 5.000 78,000 0 1,035,035 1,098,237 1,159,275 860,579 488,722 563,180 560,150 1,841,632 0 2,000 500 0 2,000 0 0 2,000 20,000 2,000 2,000 10,000 3,500 $8,091,476 FY 2014 Adjustment FY 2014 Amended 0 $ 58,150 3,932,809 ( 3,932,809) 0 5,950,387 0 60,070 $3,932,809 $2,135.798 $ 58,150 0 5,950,387 60,070 $6,068,607 0 0 54,509 3,641 32,597 27,473 0 32,597 Expenses 1020401-115127-702010 1020401-115127-722740 1020401-182090-702010 1020401-182090-722740 4030501-110110-702010 4030501-110110-722740 1060601-115125-702010 1060601-115125-722740 1060601-115125-731458 1060601-115125-750154 1060601-115125-760157 1060601-115126-731458 1060601-115126-760126 1060601-115127-702010 1060601-115127-722740 Fringe Benefits 1060601-115127-722900 Fringe Benefit Adj 1060601-115127-731346 Personal Mileage 1060601-115127-731458 Professional Services 1060601-115127-731465 Program 1060601-115127-731465-62000 Oakland Co Prg 1060601-115127-731465-63000 Detroit Program 1060601-115127-731465-63007 Wayne Co Prg 1060601-115127-731465-63045 Macomb Co Prg 1060601-115127-731465-63048 Monroe Co Pig 1060601-115127-731465-63050 St Clair Co Prg 1060601-115127-731465-63053 VVashtenaw Co Pig 1060601-115127-731465-63054 Regional 1060601-115127-731626 Rent 1060601-115127-732018 Travel & Conference 1060601-115127-732165 Workshops & Meetings 1060601-115127-750154 Expendable Equip 1060601-115127-750399 Office Supplies 1060601-115127-750567 Training-Educational Sup 1060601-115127-760126 Capital Outlay Misc 1060601-115127-760160 Furniture & Fixtures 1060601-115127-770631 Building Space Allocation 1060601-115127-770667 Convenience Copier 1060601-115127-773630 Info Tech - Dev 1060601-115127-774636 Info Tech - Operations 1060601-115127-778675 Telephone Communications Total Expenses Purchasing Salaries Purchasing FB Purchasing Salaries Purchasing FB Sheriff Salaries Sheriff FB Salaries Fringe Benefits Professional Services Expendable Equip Equipment Professional Services Capital Outlay Misc Salaries DOMESTIC PREPAREDNESS EQUIPMENT Budget Reference 2012 / GR0000000594 (Fund 29340) FY 2014 Adopted Revenues 1020401-182090-610313 Federal Operating Grants 1060601-115095-610313 Federal Operating Grants 1060601-115127-610313 Federal Operating Grants 4030501-110110-610313 Federal Operating Grants Total Revenues Expenses 1020401-115127-702010 1020401-115127-722740 1020401-182090-702010 1020401-182090-722740 4030501-110110-702010 4030501-110110-722740 1060601-115125-702010 Purchasing Salaries Purchasing FB Purchasing Salaries Purchasing FB Sheriff Salaries Sheriff FB Salaries $ 43,462 ($ 43.462) 2,730 ( 2,730) 0 54,509 3,641 0 0 27,473 239,060 ( 239,060) 1060601-115125-722740 Fringe Benefits 33.162 ( 33,162) 0 1060601-115125-731458 Professional Services 240,620 ( 240,620) 0 1060601-115125-750154 Expendable Equip 63,581 ( 63,581) 0 1060601-115125-760157 Equipment 311,466 ( 311,466) 0 1060601-115126-731458 Professional Services 141,988 ( 141,988) 0 1060601-115126-760126 Capital Outlay Misc 396,480 ( 396,480) 0 1060601-115127-702010 Salaries 92,678 3,341 96,019 1060601-115127-722740 Fringe Benefits 81,715 ( 27,705) 54,010 1060601-115127-722900 Fringe Benefit Adj 149,313 ( 149,313) 0 1060601-115127-731346 Personal Mileage 0 3,750 3,750 1060601-115127-731458 Professional Services 0 58,500 58,500 1060601-115127-731465 Program 1,098,580 (1,098,580) 0 1060601-115127-731465-62000 Oakland Co Prg 0 776,276 776,276 1060601-115127-731465-63000 Detroit Program 0 823,678 823,678 1060601-115127-731465-63007 Wayne Co Prg 0 869,456 869,456 1060601-115127-731465-63045 Macomb Co Prg 0 645,434 645,434 1060601-115127-731465-63048 Monroe Co Prg 0 366,542 366,542 1060601-115127-731465-63050 St Clair Co Prg 0 422,385 422,385 1060601-115127-731465-63053 Washtenaw Co Prg 0 420,113 420,113 1060601-115127-731465-63054 Regional 0 1,381,224 1,381,224 1060601-115127-731626 Rent 57,600 ( 57,600) 0 1060601-115127-732018 Travel & Conference 0 1,500 1,500 1060601-115127-732165 Workshops & Meetings 0 375 375 1060601-115127-750154 Expendable Equip 434,304 ( 434,304) 0 1060601-115127-750399 Office Supplies 0 1,500 1,500 1060601-115127-750567 Training-Educational Sup 485,895 ( 485,895) 0 1060601-115127-760126 Capital Outlay Misc 60,175 ( 60,175) 0 1060601-115127-760160 Furniture & Fixtures 0 1,500 1,500 1060601-115127-770631 Building Space Allocation 0 15,000 15,000 1060601-115127-770667 Convenience Copier 0 1,500 1,500 1060601-115127-773630 Info Tech - Dev 0 1,500 1,500 1060601-115127-774636 Info Tech - Operations 0 ,7,500 7,500 1060601-115127-778675 Telephone Communications 0 2.625 2,625 Total Expenses $3,932,809 52,135.798 56.068,607 FINANCE COIVID11-1-TTEE Resolution #12011 February 1,2012 Moved by Taub supported by Covey the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying report being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 1, 2012, 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 1 st day of February, 2012. e„LU,u,,i 094. Bill Bullard Jr., Oakland County