HomeMy WebLinkAboutResolutions - 2012.04.18 - 20169MISCELLANEOUS RESOLUTION #12088 April 18, 2012
BY: GENERAL GOVERNMENT COMMITTEE, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION -
2011-2012 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT
AGREEMENT
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title
III, requires the planning and provisions for community right-to-know on extremely hazardous
substances in local communities; and
WHEREAS the Oakland County Local Emergency Planning Committee (LEPC) has
been organized and meets minimum criteria in performing planning functions; and
WHEREAS the Hazardous Materials Emergency Preparedness (HMEP) grant provides
funds to LEPCs for the purpose of enhancing hazardous material response planning; and
WT-IFRFAs an application was submitted, and Oakland County has been notified that
the LEPC is eligible to receive $13,010 for the submittal for new and updated plans during the
grant period of October 1,2011 through September 30, 2012; and
WHEREAS the required 20% in kind match of $3,253 will be used for PTNE staff
salary to support the LEPC planning effort; and
WHEREAS no reports are required and the funds will be received upon submittal of the
plans as a work product; and
WHEREAS the grant agreement has been processed through the County Executive
Contract Review Process and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes acceptance of the Hazardous Materials Emergency Preparedness
(HMEP) grant in the amount of $13,010 from the Michigan Department of State Police,
Emergency Management and Homeland Security Division.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners is authorized to execute the grant agreement of $13,010 and a 20% match of
$3,253 for a total of $16,263 and to approve any grant extensions or changes, within fifteen
percent (15%) of the original award, which are consistent with the original agreement as
approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the
County to any future commitment.
Chairperson, on behalf of the General Government Committee, I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENdOMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Gershenson and Hatchett absent.
GRANT REVIEW SIGN OFF — Homeland Security
GRANT NAME: 2011 - 2012 Hazardous Materials Emergency Preparedness (RMEP)
FUNDING AGENCY: Michigan State Police Emergency Management and Homeland Security
Division
DEPARTMENT CONTACT PERSON: Tricia Smith 248 858-5371
STATUS: Grant Acceptance
DATE: March 28, 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 place on the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. - Laurie Van Pelt (3/14/2012)
Department of Human Resources:
Approved. - Karen Jones (3/14/2012)
Risk Management and Safety:
Approved by Risk Management. -- Andrea Plotkow ski (3/19/2012)
Corporation Counsel:
After reviewing the above-referenced grant agreement, 1 found no legal issues that must be resolved
before executing the agreement. - Jody S. Hall (3/16/2012)
COMPLIANCE
The grant agreement references a number of specific federal and/or state regulations. Below is a list of
the specifically cited compliance related documents for this grant.
Federal Office of Management and. Budget (OMB) Circular No. A-87, A-102, and A-133
http://www.whiteligu.se ,goviomb/circulars/index.html
Superfund Amendments and Reauthorization Act of 1986 (SARA), Title HI
littp://wW1,-V.ferria.20V/rrOVCrnmentic,rantisara.shtm
---,,- Federal Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986
http://www.cip_a.aovhern/content/epora/
Federal Hazardous Materials Transportation Law (49 U.S.C. section 5101)
lattp://www ..fpo.gov/fdsys/scarchinaedetails.action?browseP ath—T itle-4,49%2F Stibti tle-1-III%2FChapter+5 I Vo2FSec.
±5101&g,ra.nuleld=USCODE-2009-tit1e4.9-subtitlelII-chap51-sec5101&packneid—USCODE-2009-
titie498zeol.lapse—trueckfromBrowse=trite&b.rea.c1=true
Pipeline and Hazardous Materials Safety Administration (PHAIS.A) regulations
http://phmsa.dot.gov/portallsite/PHIMSA/menuitem.obc1c7a8a7e39f2e55c12031050248a.0o/Ngnextoid-e4439f5cf51 -5
7110V • nVCI\,11000009ed0789 MORD &v.. nextollannel-Oe78a535eacl.7110VanVCM1000009ed07898RCRD&vgn
extfmt-print
Hazardous Materials Public Sector Training and Planning Grants (49 CFR. Part 110)
bap:// ww w .o.gov/fdsys/pk/CFR-2004-title49-v&2/pdf/CFR-2OO4-titie49-vo2-nibtitieB-chapLpclf
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments (49 CFR, Part 18)
.http://www . access . gpo .govinara/c friw ,04/49cfr 1 8 Miami
Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A.787) (2 CFR Part 225)
http:t/www.accesscjogqv/naraIcfr/wajsidx .08/2cfr225 08.html
Improper Payments Information Act (IPIA) of 2002 (Public Law 107-300)
http://www.dol.f.,Tovioefoimedialregs/IPIA.pdf.
Department of Transportation New Restrictions on Lobbying (49 CFR, Part 20)
hitp://ecfr.gpoaccess.uoyled/t/text/text-idx?e=eofr&tr1=/ecfrbrowse/Titie49149efi -20 main 02.tpl
Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d)
litto://www.usdoj.ovicrt/coricoordAitievisiat.htm
Regulations of the United States Department of Transportation (49 CFR, Part 21)
hap ://www.ac g.po .2o vinataic filwaisidx 04/49ofr21. 04.1)tml
Department of Transportation Government-wide Requirements for Drug-Free Workplace (Financial
Assistance) (49 CFR, Part 32)
littn://ecfr.gpoaccess4zov/cgi/t/textitext-ictx?ci=ocfrSitot-lecfrbrolA?seiTitle49/49cfr32 main 02.4)1
FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State and Local
Governments (44 CFR Part 13)
htto://www.access. o. ovinaraiclis/waisidx 06/44ofrl 3 06.1itml
NEVIS Compliance (National Incident Management System)
• http://ww fema. v/emergencylni al Si
Executive Order 13347 - Individuals With Disabilitiesin Emergency Preparedness
tittp://www.fema.ilov/pdficinergenoviiiirosinims_executive_order_13347.pdf
A Federal Funding Accountability and Transparency Act (FFATA) of 2006 (Public Law 109-282)
http :My ww. gpo. RO vdclsys/pkg/PL.kVv'-109pub1282/odf/PLAW-109pub1282.pdf
Michigan Elliott-Larsen Civil Rights Act 7 "Act 453 of 1976"
lattp://www.leislature.mi.gov/(ud 3 1 tmi-i5z55z2uiwv45)/milc.-,14.aspx? page=ge tobj ect&obj ee aine=mol-Act-
453-of-1976&queryid=14718540
Michigan Persons with Disabilities Civil Rights Act - "Act 220 of 1976"
http://www.legislature.migov (uo3lxgeltniri5z557.2uiwv45)/rnilegsaspx?page-getob
220-of-1976&queryid=14718589
ect&obiectname-mcl-Act-
Department of Homeland Security - Protected Critical Infrastructure Information (6 CFR Part 29)
http://ecfr.gp o aec es s,govicglititext/tex t-icix c=ecfr&tol=iec frbro wseiTitt e06/6cfr29_ma _02. tol
Department of Homeland Security - Protection of Sensitive Security Information (49 CFR Part 1520)
littn://www.access.,....To.crovinara/cfr/waisidx, 04/49 cfrl 520 ,,04,1itml
Standard Assurances
Restrictions on Lobbying (28 CFR part 69)
lattp://www.access.pp„gov/nara/cfr/wai.sidx_.04/28cfr69 04.131m1
Executive Order 12549 — Debarment and Suspension
http://www.archives.gov/fecler a t-register/codificationiexecutive- order/12549.htnal
Government-Wide Debarment and Suspension,(28 Chit, Part 67)
http://www.access,gpo,govinara/cfr/waisidx 041128cfr67_04.html
Drug-Free Workplace Act of 1988
http://frwebgate.access.g-po.gov/cgi-binigetcloocgi?dbriame=trowse .use&clocid—Cite:+41.USC701
Single Audit Act of 1984 (with amendments in 1996)
http://www.whitehouse. 410 viombifin anc auditiarni
RICK SNYDER
GOVERNOR
STATE OF MICHIGAN
DEPARTMENT OF STATE POLICE
LANSING
COL. KRISTE KIBBEY ETUE
DIRECTOR
March 5, 2012
Mr. Theodore Quisenberry, Administrator
Oakland County Homeland Security
1200 North Telegraph Road
Pontiac, Michigan 48341
Dear Mt-. Quisenberry:
Enclosed is the 2012 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP)
Grant package for the County of Oakland. Please return the required grant documentation listed on
the enclosed Subgrantee Checklist to our office by April 6, 2012. Documents should be mailed to
the following address:
Attention: Mr. Sean Brady
Emergency Management and Homeland Security Division
Michigan Department at State Police
4000 Collins Road
Lansing, Michigan 48910
If you have any questions regarding this correspondence or the 2012 HMEP-PP, please contact
Mr. Jay Eickholt at (517) 333-4416.
Sincerely,
W. Thomas Sands, Captain
Deputy State Director of Emergency Management
and Homeland Security
WTS:SB:d1
Enclosures (9)
cc: LEPC Chairperson (letter only)
MSP/EMHSD District Coordinators (letter only)
(fl CT
0—*
EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION * 4000 COLLINS ROAD * LANSING, MICHIGAN 4891 0
www.michigan.govImsp e(517) 336-6198
1 I
I
I I
I
SUBGRANTEE CHECKLIST
2012 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
PLANNING PROGRAM GRANT AGREEMENT
CFDA No: 20.703
Submit the following items as necessary to: ATTN: Sean Brady, Michigan State Police
EMHSD, 4000 Collins Road, Lansing, Michigan 48910
uRGRANTFF WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS ARE RECEIVED'
E 1. Grant Agreement (NOTE: There are two (2) sets of the Agreement enclosed.
Please sign both, but retain one signed document for your records and return
the other signed document to EMHSD.)
2. Standard Assurances
3. Certifications Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug-Free Workplace Requirement
(FEMA Form 20-16C)
4. State of Michigan Audit Certification (Form EMD-53)
5. Request for Taxpayer Identification Number and Certification (Form EMD-53)
I 6. 2012 HMEP In-Kind Match Form
POST REIMBURSEMENT REQUIREMENTS
Participate with Subgrantor in an on-site monitoring of financial documents. Also retain financial
records, supporting documents, and all other records pertinent to the grant for at least three years
after the final grant report. Be sure to comply with Single Audit requirements of OMB Circular,
A-133. If required, the Subgrantee submits audit copy to: Michigan Department of State
Police, Budget and Financial Services Division, 333 South Grand Avenue, P.O. Box 30634,
Lansing, Michigan 48909-0634.
For GRANT QUESTIONS, PLEASE CONTACT JAY EICKHOLT AT 517-333-4416.
State of Michigan
2012 Hazardous Materials Emergency Preparedness
Planning Program Grant Agreement
October 1, 2011 to September 30, 2012
CFDA Number: 20.703
Grant Number: HM-HMP-0228-11-01-00
This 2012 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) grant agreement is
hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland
Security Division (hereinafter called the Subgrantor), and the
COUNTY OF OAKLAND
(hereinafter called the Subgrantee)
I. Purpose
The purpose of this grant agreement is to provide federal HMEP-PP funds to the subgrantee for the review of new
Superfund Amendments and Reauthorization Act (SARA), Title III, Section 302, hazardous materials emergency
response plans, as well as for the updating of previously submitted plans.
II. Objectives
The principal objective of this Grant Agreement is to provide financial assistance to first responders (fire, law
enforcement, emergency medical services, etc.) for allowable costs in the following areas:
A. Provision of assistance to public sector employees through planning grants to states, territories, and Native
American tribes for emergency response
B. Increase of state, territorial, tribal, and local effectiveness in implementation of the federal Emergency
Planning and Community Right-to-Know act of 1986
C. Encouragement of a comprehensive approach to emergency planning by incorporating the unique
challenges of response to transportation situations
III. Statutory Authority
Funding for the 2012 HMEP-PP grant is authorized by Federal Hazardous Materials Transportation Law (49 U.S.C.
Section 5101 et. seq.). The subdrantee agrees to comply with the requirements and regulations of this law. Under
this law, offerors and transporters of certain types and quantities of hazardous materials, including hazardous
wastes, are required to file a registration statement with the U.S. Department of Transportation and to pay an
annual fee. This program began in 1992 and is administered by the Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA). The registration regulations
are found at 49 CFR 107.601-107.620, located at
http://wvvw.access.gpo.gov/nara/cfr/waisidx_04/49cfr110_04.html.
The Subgrantee agrees to comply with all 2012 HMEP-PP program requirements. The Subgrantee also agrees to
comply with regulations, including, but not limited to the following, as applicable:
A. 49 CFR, Part 110 Hazardous Materials Public Sector Training and Planning Grants, located at
http://www.access.gpo.govinara/cfriwaisidx_04/49cfr110_04.html
B. 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments, located at
http://www.nhtsa.govinhtsa/whatsup/tea21/GrantMan/HTML/03_DOTComRul_49CFR18.html
2012 HMEP-PP
County of Oakland
Page 2 of 8
C. 2 CFR, Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87),
located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl -=-/ecfrbrowse/Title02/2cfr225_main_02.tpl
or other applicable cost principals
D. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at
http://wvvw.whitehouse.gov/omb/circulars/a133/a133.html, which is incorporated by reference into 49 CFR
Part 18
E. Public Law 107-300, Improper Payments Information Act (IPIA) of 2002, located at
http://www.dol.gov/ocfo/media/regs/IPIA.pdf
F. 49 CFR, Part 20, New Restrictions on Lobbying, located at http://www.dot.gov/ost/m60/grant/49cfr20.htm
G. Title VI of the Civil Rights Act of 1964, located at http://www.justice.gov/crt/about/cor/coord/titlevistat.php,
which prohibits discrimination on the basis of race, color, and national origin in programs and activities
receiving federal financial assistance.
H. 49 CFR, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation —
Effectuation of the Title VI of the Civil Rights Act of 1964, located at
http://www.access.gpo.gov/nara/cfrwaisdix_02/49cfr21_02.html . 49 CFR, Part 21 is incorporated by
reference into this grant agreement
I. 49 CFR, Part 32, Government-wide Requirements for Drug-Free Workplace (Financial Assistance), located
at www.dot.gov/ost/M60/grant/regs.htm, which implements the requirements of Public Law 100-690, Title
V, Subtitle D, Drug-Free Workplace Act of 1988
IV. HMEP-PP Award Amount and Restrictions
A. The County of Oakland is awarded $13010.00 under the 2012 HMEP-PP.
B. This Grant Agreement designates HMEP-PP funds for reimbursement of authorized costs. Grant
agreement funds shall not be used for other purposes.
C. This funding will be awarded as described in Hazardous Materials Emergency Preparedness Planning
Grant Instructions FY 2011-12 which is attached to this agreement. This award is dependant upon the level
of federal funding and may be reduced if federal funding is reduced. Any unused HMEP-PP grant funds
remaining at the end of the grant year will be used to increase the reimbursement for accepted new SARA
Title III plans submitted by participating Local Emergency Planning Committees (LEPCs). The
Subgrantee's payment per new plan will be recalculated using these funds and the award to the
Subgrantee for the number of new plans it submitted will be adjusted. This may affect the match amount
required for this grant.
D. Based on the Subgrantee's application, a match amount of $3253.00 is required. However, the Subgrantee
must be prepared to match all funds received through this contract (which equates to 25% of any federal
funds received), as noted in Section Ill , D of the Hazardous Materials Emergency Preparedness Planning
Grant Instructions FY 2011-12, attached to this contract.
E. Title to equipment purchased or fabricated under this award vests in the Subrecipient, except that the
United States Department of Transportation (US DOT) reserves the right to require the Subgrantee to
transfer title to items of equipment to the federal government or to a third party named by US DOT, which
such a third party is otherwise eligible under exiting statutes. Such transfers are subjects to the standards
contained in 49 CFR 18.32.
F. The United States Pipeline and Hazardous Materials Safety Administration (PHMSA) reserves the right to a
royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize
others to use, for federal government purposes:
2012 HMEP-PP
County of Oakland
Page 3 of 8
1. The copyright on any work developed under this grant, subaward, or contract under a grant subaward;
and;
2. Any rights of copyright to which the Subgrantee, Subgrantee's subrecipient, or a contractor purchases
ownership with grant support.
V. Responsibilities of the Subgrantee
A. The Subgrantee agrees to comply with all applicable federal and state regulations, including, but not limited
to the Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2011-12, which is
enclosed with the grant agreement packet.
B. In addition to this 2012 HMEP-PP grant agreement, the Subgrantee shall complete, sign, and submit to
Subgrantor the following documents, which are incorporated by reference into this grant agreement:
1. HMEP 2012 Planning Grant Agreement In-Kind Match Form
2. Standard Assurances
3. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and
Drug-Free Workplace Requirement
4. State of Michigan Audit Certification Form (EMD-053)
5. Request for Taxpayer Identification Number and Certification (W-9)
6. Other documents that may be required by federal or state officials
C. The 2012 HMEP-PP covers eligible costs from October 1,2011 to September 30, 2012.
D. 2012 HMEP-PP 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.
E. Meet the LEPC eligibility requirements, as stated in the attached Hazardous Materials Emergency
Preparedness Planning Grant Instructions 2012, Section II,
F. Submit new and updated SARA Title III (Section 302) community hazardous materials emergency
response plans to the Michigan State Police Emergency Management and Homeland Security Division
(EMHSD) no later than July 1, 2012. If a Support Grant was requested by the Subqrantee, the LEPC must
meet the requirements stated in the attached Hazardous Materials Emergency Preparedness Planning
Grant Instructions FY 2011-2012, Section IV.B, or forfeit that portion of the grant award.
G. Expend the HMEP-PP for expenses incurred in developing the off-site response plans including, but not
limited to, training for LEPC members, commodity flow studies, and LEPC planning staff costs. See Section
V.B of the Hazardous Materials Emergency Preparedness Planning Grant Instructions 2012 for a complete
description of eligible expenses.
H. Forfeit a prorated share of the award for the number of new plans and updated plans that were not
submitted by the Subgrantee.
I. Make all purchases in accordance with federal, state, and local purchasing policies.
J. Create and maintain an inventory of all equipment purchases in accordance with 44 CFR Part 13.32(d)(1),
found at http://eCFR.gpoaccess.govicgi/t/text/text-idx?c=ecfr&tp1=/ecfrbrowse/Title44/44cfr13_main_02.tpl .
Within 30 days of the end of the Subgrantee's fiscal year, the Subgrantee must supply a copy of
this inventory to the Michigan State Police, Emergency Management and Homeland Security
Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910-5883. An Equipment Tracking Form
is available to assist the Subgrantee in meeting these requirements. The form can be found online at
http://vnvw.michigan.govimsp/0,1607,7-123-1593_3507_41574-214684--,00.html . The Subgrantee is
2012 HMEP-PP
County of Oakland
Page 4 of 8
advised that, when practicable, any equipment purchased with grant funding shall be prominently marked
as follows: "Purchased with funds provided by the U.S. Department of Homeland Security".
K. Provide the Subgrantor with the Subgrantee's Data Universal Numbering System (DUNS) number. No
entity may receive award funds until the DUNS number has been provided.
L. Comply with the National Incident Management System (NIMS). Federal NIMS information is available at
http://www.fema.goviemergencyinims. More information on complying with NIMS is available at
http://www.michigan.govimsp/0,4643,7-123-1593_3507-191891--,00.html or through the State NIMS
Coordinator.
M. Comply with applicable financial and administrative requirements set forth in the current edition of 44 CFR,
Part 13 including, but not limited to, the following provisions:
1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures
disallowed by federal or state audit.
2. Retain all financial records, statistical records, supporting documents, and other materials pertinent to
the 2012 HMEP as provided in 49 CFR 18.42(a) through 49 CFR 18.42(d), located at
http://www.nhtsa.govinhtsa/whatsup/tea21/GrantMan/HTML/03_DOTCom Rul_49CFR18.htm I.
3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984,
as amended, and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations," as further described in 44 CFR, Part 13.
N. Integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347.
0. The subgrantee should comply with federal rules for contracting with small and minority firms, women's
business enterprises, veteran owned, and HubZone area firms. The Subgrantee and any of the
Subgrantee's subrecipients are encouraged to take all necessary affirmative steps to assure that small
women-owned, minority disadvantaged businesses, veteran, and HubZone business firms are used when
possible.
P. Upon request, Subgrantee will supply information to the Subgrantor 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).
VI. Responsibilities of Subgrantor
The Subgrantor, in accordance with the general purposes and objectives of this grant agreement, will:
A. Administer the 2012 HMEP-PP 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 SilhgrAntee.
C. Provide to the Subgrantee any special report forms and reporting formats (templates) required for
administration of the program.
D. Reimburse the Subgrantee, in accordance with this grant agreement, based on appropriate documentation
submitted by the Subgrantee.
At its discretion, independently, or in conjunction with the awarding federal agency, conduct random on-site
reviews of the Subgrantee.
Ensure compliance with federal requirements and verify that grant performance objectives are being
achieved.
2012 HMEP-PP
County of Oakland
Page 5 of 8
VII. Reporting Procedures
Submit new and updated SARA Title III (Section 302) community hazardous materials emergency response plans,
and identify which facility plans were updated on the attached "Plan Review List" sheet, as stated in the 2012
application to EMHSD, no later than July 1, 2012. Complete instructions on how and where to submit required
reports can be found in the Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2011-
2012 (attached).
If a Support Grant was requested, the LEPC must meet the requirements stated in the attached Hazardous
Materials Emergency Preparedness Planning Grant Instructions FY 2011-2012, Section IV.B, or forfeit that portion
of the grant award.
VIII. Payment Procedures
Upon receipt, review, and acceptance of all work products and other requirements, as referenced in this contract,
the Subgrantor will calculate the payment to be made to the Subgrantee and will forward this information to the
Subgrantee. See the Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2011-12
document attached to this agreement for further information.
IX. Employment Matters
Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-Larsen Civil Rights
Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220,
as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to
be employed in the performance of this grant agreement, with respect to his or her hire, tenure, terms, conditions,
or privileges of employment; or any matter directly or indirectly related to employment because of his or her race,
religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is
unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantee agrees to include
in every subcontract entered into for the performance of this grant agreement this covenant not to discriminate in
employment. A breach of this covenant is a material breach of the grant agreement.
The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of Subgrantee on this Project
appears on the Federal Excluded Parties List System, located at www.epls.gov .
X. Limitation of Liability
Subgrantor and Subarantee 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.
XI. 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.
2012 HMEP-PP
County of Oakland
Page 6 of 8
XII. Grant Agreement Period
This grant agreement is in full force and effect from October 1, 2011 to September 30, 2012. No costs eligible
under this grant agreement shall be incurred before the starting date of this grant agreement, except with prior
written approval. This grant agreement consists of two identical sets, simultaneously executed; each is considered
an original having identical legal effect. This grant agreement may be terminated by either party by giving thirty (30)
days written notice to the other party stating reasons for termination and the effective date, or upon the failure of
either party to carry out the terms of the grant agreement. Upon any such termination, the Subgrantee agrees to
return to the Subgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to
reimburse the Subgrantee.
XIII. Entire Grant Agreement
This grant agreement is governed by the laws of the State of Michigan and supersedes all prior agreements,
documents, and representations between Subgrantor and Subgrantee, whether expressed, implied, or oral. This
grant agreement constitutes the entire agreement between the parties and may not be amended except by written
instrument executed by both parties prior to the termination date set forth in Section XII above. No party to this
grant agreement may assign this grant agreement or any of his/her/its rights, interest, or obligations hereunder
without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any
proposed changes of dates, budget, or services indicated in this grant agreement, as well as changes of address or
personnel affecting this grant agreement. Changes in dates, budget, or services are subject to prior written
approval of Subgrantor. If any provision of this grant agreement shall be deemed void or unenforceable, the
remainder of the grant agreement shall remain valid.
The Subgrantor may suspend or terminate subgrant funding to the Subgrantee, in whole or in part, or other
measures may be imposed for any of the following reasons:
• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the subgrant application.
• Failure to follow grant agreement requirements or special conditions.
• Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project
would not have been approved for funding.
• Failure to submit required reports.
• Filing of a false certification in the application or other report or document.
• Failure to adequately manage, monitor or direct the grant funding activities of its subrecipients.
Before taking action, theiei.bgrentor will provide the quhgrnnt(ae reasonable notice of intent to impose corrective
measures and will make every effort to resolve the problem informally.
XIV. Business Integrity Clause
The Subgrantor may immediately cartel the grant without further liability to the Subgrantor or its employees if the
Subgrantee, an officer of the Su bgrantee, 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.
2012 HMEP-FP
County of Oakland
Page 7 of 8
XV. Freedom of Information Act (FOIA)
Much of the information submitted in the course of applying for funding under this program, or provided in the
course of grant management activities, may be considered law enforcement-sensitive or otherwise critical to
national security interests. This may include threat, risk, and needs assessment information; and discussions of
demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each
Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a
case-by-case basis. The Subgrantee should be familiar with the regulations governing Protected Critical
Infrastructure Information (6 CFR Part 29) and Sensitive Security Information (49 CFR Part 1520), as these
designations may provide additional protection to certain classes of homeland security information.
W. Thomas Sands, Captain
Printed Name
Deputy State Director of Emergency
Management and Homeland Security
Title
oiyi iciure voic
2012 HMEP-PP
County of Oakland
Page 8 of 8
XVI, Official Certification
For the Subgrantee
The individual or officer signing this grant agreement certifies by his or her signature that he or she is authorized to
sign this grant agreement on behalf of the agency he or she represents. The Subgrantee agrees to complete all
requirements specified in this grant agreement.
County of Oakland
Name of Subgrantee
Michael J. Gingell Chairman, Oakland County Board of
Printed Name Title Commissioners
Signature Date
For the Subgrantor (Michigan State Police, Emergency Management and Homeland Security Division)
STANDARD ASSURANCES
OMB APPROVAL NO. 1121-0140
EXPIRES 06/30/2009
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A-
133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70
(administrative requirements for grants and cooperative agreements). The applicant also specifically
assures and certifies that:
.1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial
capability (including funds sufficient to pay any required non-federal share of project cost) to ensure
proper planning, management, and completion of the project described in this application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
3. It will give the awarding agency or the General Accounting Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the financial
assistance.
4. It will comply with all lawful requirements imposed by the awarding agency, specifically including
any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, 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 U.S.C. § 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 .U.S.C.§
469 a-1 et seq.), and the National Environmental Policy Act of 1969 142 U.S.C. § 4321).
6. It will comply (and will require any subgrantees or contractors to comply) with any applicable
statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); The
Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of
1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C.§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681,
1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279
(equal protection of the laws for faith-based and community organizations).
7. If a governmental entity-
a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a
result of federal and federally-assisted programs; and
b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain
political activities of State or local government employees whose principal employment is in connection
with an activity financed in whole or in part by federal assistance.
Signature Date Date
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grantor cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or emoioyee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities,' in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawarCs
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. )Alhore the applicant is unable to certify to any of the
statements in this certification, ha or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace:
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by para-
graph (a) that., as a condition of employment under the grant,
the employee will—
COP FORM 4061;6 P-911 REPLACES OJE FORMS 406112, 4061/3 AND 400114 ',MEECH ARE OBSOLETE.
(1) Abide by the terms of the statement; ano Oakland County
1200 N. Telegraph Road
(2) Notify the employer in writing of his or her conviction for a Pontiac MI 48341 violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction; Check LIif there are workplaces on file that are not indentified
(e) Notifying the agency, in writing, within 10 calendar days here.
after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice, including fiscal year. A copy of which should be included with each ap- position title, to: Department of Justice, Office of plication for Department of Justice funding. States and State Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. N.W., Washington, D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant; Check D if the State has elected to complete OJP Form
4061/7. (f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted— DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS) (1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988, and
requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, for grantees, as
(2) Requiring such employee to participate satisfactorily in a define,d at 28 CFR Part 67; Sections 67.615 and 67.620—
drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses- rnent, or other appropriate agency; slam or use of a controlled substance in conducting any
(g) Making a good faith effort to continue to maintain a drug-. activity with the grant; and
free workplace through implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a (c), (d), (e), and (f). violation occurring during the conduct of any grant activity, I
B. The grantee rosy 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, 633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
Place of Performance (Street address, city, county, state, zip
code)
As the duly authonizec representative of the applicant, I hereby certify that the applicant will comply with he above certifications.
1. Grantee Name and Address: Oakland County
1200 N. Telegraph Rd.
Pontiac MI 48341
2011-2012 Hazardous Materials Emergency Preparedness 38-6004876W
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
Michael J. Gingen, Chairman, Oakland County Board of Commissioners
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
'U.S Govermert Preirg Office :1596 - 455-037/40014
EMD-053 (03-2004)
MICHIGAN STATE POLICE
Emergency Management & Homeland Security Division
STATE OF MICHIGAN
AUDIT CERTIFICATION
Federal Audit Requirements
Fiscal Years Beginning After June 30, 1996
Non-Federal organizations which expend $500,000 or more in Federal funds during their fiscal year are required to
have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management
and Budget (OMB) Circular A-133. Subgrantees must submit a copy of their audit report to: Budget and Financial
Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing,
Michigan 48909-0634, for each year they meet the funding threshold.
Program: 2012 Hazardous Material Emergency Preparedness
CFDA Number: 20.703
Subgrantee Information
Jurisdiction Name: Oakland County
Street Address: 1200 N Telegraph Road
City, State, Zip Code: Pontiac MI 48341 '
Certification for Fiscal Year Ending (mmiddiyyyy): 09/30/2012
(Check appropriate box) , ,
, I certify that the subgrantee shown above does not expect it will be required to have an audit performed under
, the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, for the above listed program.
E I certify that the subgrantee shown above expects it will be required to have an audit performed under the Single
Audit Act of 1984, as amended, and the OMB Circulars as revised, during at least one fiscal year funds are
received for the above listed program. A copy of the audit report will be submitted to: Budget and Financial
Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing,
Michigan 48909-0634.
(Signature of Subgrantee's Authorized Representative) (Date)
Michigan Department of State Police Please mail completed form to: Emergency Management and Homeland Security Division
Attention: Sean Brady
4000 Collins Road
Lansing, Michigan 48910
For MSP-EMD Use Only
Reviewed By:
! Authority: Act 390, P. A. of 1976, as amended
Completion: Voluntary, but completion
necessary to be considered for
assistance.
Date:
7
cation number
Form W-9 Request for Taxpayer Give .Form to the
requester. Do not
(Rev. December 201'i) identification Number and Certification send to the IRS. Department of the Treasury
Internal Revenue Service
Name (as shown on your income tax return)
Business name/disregarded entity name, if different from above
E Oakland County
a Check appropriate box for federal tax ciassification:
0 ri Individual/sole proprietor LI C Corporation E, S Corporation L Partnership Trustiestate
an
a 0 D Exempt payee .?.'.' tia Limited liability company. Enter the tax classification (CuC corporation, SifS corporation, PupartnersP ,p
t E
.5 T. Other (see in.,' ictions) 0- Government Entity. D-
•
.0
Address )number, street, end apt. or suite no.) Requester's name and address (optiona))
E 1200 N Telegraph Road u) . , City, state, and ZIP code
a) cn Pontiac. IYIT ,48341
List account numPer(s) here (optional) ,•
farlil____Takpayer Identification Number ...FIN) • • 7
Enter your TIN in the appropriate box. The TIN provided must match the name given on the iiName" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Fart I instructions on page 3. For other
entities, it is your employer identifiCation number (EIN). If you Co not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page, 4 for guidelines on whose
number to enter.
octal secur
Employer identi
318 -1 6 II0
Certification -
Under penalties of perjury, I certify' that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to .backup withholding because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal_Fievenue
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:nas notified me that) am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to repo all interest and dividends on your tax return. For real estate transactions, item 2 goes not apply. For mortgage
interest pale, acquisition or abandonment of secured property, Cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments otner than interest and dividends, you are riot required to sign the certification, but you must provide your correctTIN. See toe
instructions on pane 4.
Sign
Here
Signature of
U.S. person 0- Date
General Instructions - -
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued), •
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable., you arc also certifying that as a U.S. person:, your
allocable share cf any partnersnip income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income.
Note. If a requester gibes you a form other than Forirn W-9 to request
your TIN, you must use the requester's forrntf it is substantially similar
to this Form W-9.
Definition of a U.S. person. For federai fax 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 tile United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners' share of income from such business.
Further, in certain cases where a Form W-9 has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner in a partn-orship conducting a trade or business in the United
States, provide Form W-9 to the partnership to establish your U.S.
status ono avoid withholding on your share of partnership income.
Cat. No. 152315 Form W-9 (Rev. 12-201-1)
Form W-9 (Rev. 12-2011) Page 2
The person who gives Form W-9 to the partnership for purposes of
establishing its U.S. status and avoiding withholding on its allocable
share of net income from the partnership conducting a trade or business
in the United States is in the following cases:
it The U.S. owner of a disregarded 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 beneficiaries of
the trust.
Foreign person. If you are a foreign person, do not use Form W-9.
Instead, use the appropriate Form W-8 (see Publication 515,
Withholding of Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain typos of income. However, most tax
treaties contain a provision known as a "saying clause." Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items:
1. The treaty country, Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its eXceptions.
4. The type and amount of intome that qualifies for the exemption
from tax.
5. Sufficient facts tojustify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-C-hina income tax treaty allows an
exemption from tax for scholarship income received by a Chinese .
student temporarily present in the United States, Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States:exceeds 5 carendaryears. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A .Chinese
student who qualifies for this exceptien (under paragraph 2 of the first
protocol) and is relying on this eXception to claim an exemption :from tax .
on his or 'he' scholarship or fellowship income would attach -to Form .
'W-9 a Statement that ineludesithe information deseribed above to ••
support that exemption.
If you are a nonresident alien or a foreign entity not subject to backup
withholding, give the requester the appropriate completed Form W-8.
Whatis backup withholding? Persons making certain payments to you .
must under pertain conditions withhOle and pay to the IRS a percentage.
of such payments. This is called "backup Witnholding." Payments that
may be subject to backup withholding include interest, tax-exempt
interest, dividends, broker and barter excrianed transactions, rents, •-::
royalties, nonernployee pay, and certain payments from fishing boat
operators. Real estate transactions are nct subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper.
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to .badkup
withholding if
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part II
instructions on page 3 for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees arc payments are exempt from backup withholding.
See the instructions below and the separate Instructions for the
Requester of Form W-9.
Also see Special rules for partnerships or 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 furnish a new Form W-9 if
the name or TIN changes for the account, for example, if the 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.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that resUlts in no
backup withholding, you are subject to a $500 penalty.
Criminal penalty for faisifying_inforination.,Willfully•fa;siIying
certifications or affirmations may subject you to primina: penalties:
• including fines arid/or imprisonment. .
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Name
If you are an individual, you must generally enter the name shown on
your income tax return. However, if you have changed your last riame,
for instance, due to marriage without informing the Social Security
Administration of the name change, enter your first name, the last nal; re
shown on your social security card, and your hew East name.
If the account is in joint names, list first, and then circle, the name. of
the person or entity whose number you entered in Part I of the form.
Sole proprietor. Enter your individual name as shown on your income
tax return on the "Name" line. You may enter your business, trade, or
"doing business as (DBA)" name on the "Business name/disregarded
entity name" line.
Partnership, C'Corporation, or S Corporation. 'Enter the entity's nar-ne
. on the "Name" line arid any :business, :trade, oh"coing 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 bea
disregarded entity. The name on the "Name" line must be the name
shown on the income tax return on whicn the, income will be reported.
For example, if a foreign LLC that is treated as a disregarded entity for
U.S. federal tax purposes has a domestic o.wner, 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
of the disregarded entity is a foreign person, you must complete an
appropriate Form .W-8.
Note. Check the appropriate box for the federal tax ciassification of the
person whose name is entered on the "Name" line (Individual/sole
proprietor, Partnership, C Corporation, S Corporation, Trust/estate).
Limited Liability Company (LLC). If the 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
provirred. If you are an LLC,) that is treated as a partnership for federal
tax purposes, enter "P" for partnership. If you are an [LC that .hasfited a
Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for
C corporation or "S" for S 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
check 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 TLC is disregarded as an entity separate
from its owner, enter the appropriate tax classification of the owner
identified on the "Name" line.
Form W-9 (Rey. 12-2011) Pape 3
Other entities. Enter your business name as shown on required federal
tax documents on the "Name" line This name should match the name
shown on the charter or other legal document creating the entity. You
may enter any business, trade, or DBA name on the "Business name/
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.
Generally, individuals (including sole proprietors) are not exempt from
backup withholding. Corporations are exempt from backup withholding
for certain payments, such as interest and dividends.
Note. If you are exempt from backup withholding, you should still
complete this form to avoid possible erroneous backup withholding.
The following payees are exempt from backup withholding:
1. An organization exempt from tax under section 501(a), any IRA, or a
custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2),
2. The United States or any of its agencies or instrumentalities,
3. A state, the District of Columbia, a possession of the United States,
or any of their political subdivisions or instrumentalities,
4. A foreign government or any of its political subdivisions, agencies,
or instrumentalities, or
5. An international organization or any of its agencies or
instrumentalities.
Other payees that may be exempt from backup withholding include:
6. A corporation,
7. A foreign central bank of issue,
8. A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a possession of the United
States,
9. A futures commission merchant registered with the Commodity
Futures Trading Commission,
10. A real estate investment trust,
11. An entity registered at all times during the tax year under the
Investment Company Act of 1940,
12. A common trust fund operated by a bank under section 584(a),
13. A financial institution,
14. A middleman known in the investment community as a nominee or
custodian, or
15. A trust exempt from tax under section 664 or described in section
4947.
The 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 payment is for ... THEN the payment is exempt
for ...
Interest and dividend payments All exempt payees except
for 9
Broker transactions Exempt payees 1 through 5 and 7
through 13. Also, C corporations.
Barter exchange transactions and Exempt payees 1 through 5
patronage dividends
Payments over $600 required to be Generally, exempt payees
reported and direct sales over 1 through 7 '
$5,000'
See Form 1099-MISC, Miscellaneous Income, and its instructions.
'However, the following payments made to a corporation and reportable on Form
1099-MISC are not exempt from backup withholding: medical and health care
payments, attorneys' fees, gross proceeds paid to an attorney, 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
security number box. If you do not have ar ITIN, see How to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or FIN. However, the IRS prefers that you use your SSN.
If you are a single-member LLC that is disregarded as an entity
separate from its owner (see Limited Liability Company (LLC) on page 2),
enter the owner's SSN (or EIN, if the owner has one). Do not enter the
disregarded entity's EIN. If the LLC is classified as a corporation or
partnership, enter the entity's FIN.
Note. See the chart on page 4 for further clarification of name and TIN
combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Care, from your local Social Security Administration office or get this
form online at www.ssa.gov. You may also get this form by calling
1-800-772-1713. Use Form W-7, Application for IRS Individual Taxpayer
Identification Number, to apply for an ITIN, or Form SS-4, Application for
Employer identification Number, to apply for an FIN. You can apply for
an EIN online by accessing the IRS website at www.irs.govlbusinesses
and clicking on Employer Identification Number (FIN) under Starting a
Business. You can get Forms W-7 and SS-4 from the IRS by visiting
IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN, write
"Applied For" in the space for the TIN, sign and date the form, arid give
it to the requester. For interest and dividend payments, and certain
payments made with respect to readily tradable instruments, generally
you will have 60 days to get a TIN and give it to the requester before you
are subject to backup withholding on payments. The 60-day rule does
not apply to other types of payments. You will be subject to backup
withholding on all such payments until you provide your TIN to the
requester.
Note. Entering "Applied For" means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign owner must
use the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, below, and items 4 and 5 on page 4
indicate otherwise.
Fore joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of 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 cage 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 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. YOU must sign the certification. You may
cross out item 2 of the certification.
9. Corporation or LUG electing
corporate status on Form 8832 or
Form 2653
10. Association, club, religious,
charitable, educational, or other
tax-exempt organization
11. Partnership or malt -member LLC
12. A broker or registered nominee
13. Account with the Department of
Agriculture in the name of a public
entity (such as a state or ioca
government, school district, or
prison) that receives agricultural
program payments
14 Grantor trust filing under the Form
1041 Filing Methoa or the Optional
Form 1099 Filing Method 2 (see
Regulation section 1.671-4(b)(2)(i)(B);
7. Disregarded entity not owned by an I The owner
individual
8. A valid trust, estate, or pension trust Legal entity
The corporation
The organization
The trust
The partnership
The broker or nominee
The pubic entity
Form 14-9 (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 an incorrect TIN, "Other payments" include
payments made in the course of the requester's trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments to certain fishing boat crew
members and fishermen, and gross proceeds paid to attorneys
(including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), IRA, Coverdell ESA, Archer MSA or
HSA contributions or distributions, and pension distributions. You
must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account:
1. Individual
2. Two or more individuals (joint
account)
The actual owner'
The grantor'
Note. If no name is circled when more than one name is listed, the
number will he considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information'
such as your name, social security number (SSN), or other identifying
information, without your permission, to commit fraud or otner crimes,
An identity thief may use your SSN to get a job or may file a tax return
using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
• For more information, see Publication 4535, Identity Theft Prevention
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 through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and vvebsites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via entails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to phishingrairs.gov. You may also report misuse
of the !RS name, logo, or otner IRS property to the Treasury Inspector
General for Tax Administration at 1-800-366-4484. You can forward
suspicious ernails to the Federal Trade Commission at: sparn@uce.gov
or contact them at www.ftagov/icitheft or 1-877-1DTHEFT
(1-877-438-4338).
Visit IRS.gov to learn more about identity theft and how to reduce
your risk.
Give name and SSN of:
3. Custodian account of a minor
(Uniform Gift to Minors Act)
4. a. The usual revocable savings I The grantor-trustee
trust (grantor is also trustee)
b. So-called trust account that is
not a legal or valid trust under
state law
5. Sole proprietorship or disregarded I The owner
entity owned by an individual
6. Grantor trust filing under Optional
Form 1699 Filing Method 1 (see
Regulation section 1.671-4(b)(2)(i)(A))
For this type of account: Give name and EIN of:
The individual
The actual owner of the account or,
if combined funds, the first
individual on the account'
The minor
List first and orals the name of the person whose number you furnish. If only one person on a
joint account has an SGN, that person's number must be CJrnished
'Circle the minor's name and furnisn the minor's SGN.
'You must show your individual name and you may also enter your business or "ORA" name on
the "Business name/disregarded entity" name line. You may use either your SSN or SIN it you
have one), but the IRS encourages you to use your SSN.
, lot first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the
personal representative or trustee unless the legal entity Itself is not designated in the accourt
title.) Also see Speciei rules for partnerships on page -I
*Note. Grantor also must provide a Form VV-s 70 trustee of trust.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information retuns ,lVth
the IRS to report interest, dvidends, or certain other income paid to you; mortgage interest you paid; the acquisition or apandonment of secured property the cancellation
of [feet; or contributions you made to an IRA, Archer MSA, or RSA. The person collecting this form uses the information on the form to file information returns with. the IRS,
reporting the above irformation. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, tire District
of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to otner countries under a treaty, to federal and state agencies
to enforce civil 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 a tax return Under section 3406, payers must generally witrihold a percentage of taxable interest, dividend, and certain other payments to a oayee who does not give a
TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
HMEP FY 2012
PLANNING GRANT AGREEMENT
IN-KIND MATCH
The County of Oakland LEPC has been allocated the funding amount specified in the attached
grant agreement. Therefore, a local fund match of $3253.00 is required.
The LEPC agrees to use the following as its in-kind match:
(This can be any non-federal money from a government jurisdiction, industry, or other
organization represented on the LEPC. Staff paid with EMPG/I-ISGP funds cannot be
used for match.)
Planning Personnel: Glori Macias
(name)
whose salary and fringe benefits cost $ 22 . 65 , per hour, will work approximately
1 , 000 hours on LEPC planning.
Secretarial:
(name of employee or of secretarial service)
whose salary and fringe benefits cost $ per hour, will work approximately
hours on LEPC business.
Office Space:
(government jurisdiction or other entity)
will provide a square foot office located at
to the LEPC at a cost of $ per square foot.
Mailing:
(government jurisdiction or other entity)
will provide $ toward LEPC related mailings.
Printing;
(government jurisdiction or other entity)
will provide $ toward LEPC related printing.
Other: (Describe)
November, 2011 ATTACHMENT A
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
PLANNING GRANT INSTRUCTIONS
FY 2011-12
L GRANT PROGRAM DESCRIPTION
The Department of State Police, Emergency Management and Homeland Security Division (EMHSD)
has been designated by the Governor's office to administer the Hazardous Material Emergency
Preparedness (HMEP) planning grant program. Grants are being made available to Local Emergency
Planning Committees (LEPCs) for the purpose of enhancing hazaraous material response planning.
ELIGIBILITY REQUIREMENTS
In order to be eligible to receive funding through this grant. LEPCs must:
A. Be legally appointed by the Michigan Citizen-Community Emergency Response Coordinating
Council (otherwise known as the State Emergency Response Commission - SERC);
B. Have an appointed chairperson *;
C. Have an appointed information coordinator *;
D. Have an appointed emergency management coordinator *;
E. Meet at least quarterly and have an established meeting schedule;
F. Assure that a 20% in-kind match will be available for all funding received through this grant. In-
king match includes non-federally funded LEPC member time. office space, secretarial support,
LEPC office and administrative expenses, etc. (See item lID., below);
G. Assure county or municipal compliance with Title VI of the Civil Rights Act of 1964;
H. Assure county or municipal compliance with the following certifications:
1. Lobbying;
2. Debarment, suspension and other responsibility matters, and
3. Drug-free workplace requirements.
*As vacancies occur in these three positions, new appointments must be made and submitted to
the EMHSD on the proper forms. The forms are available by contacting (517) 333-4416 or on the
web at www.michician.00viemhsd (click on: Hazardous Materials—, Local Hazardous Materials Planning).
Documentation for items B through E must be submitted with the application. (See Section VII.)
1
November, 2011 ATTACHMENT A
III. APPLICATION PROCESS
A. Deadline: All applications must be received at the Emergency Management and Homeland
Security Division (EMHSD) by December 30, 2011 and include an LEPC schedule for FY2011-12.
Applications without a schedule will not be processed.
B. Application Mailing Address: Submit the completed application to: ATTN: Jay Eickholt,
SARA Title III Program, Michigan State Police, Emergency Management and Homeland
Security Division, 4000 Collins Road, Lansing, Michigan 48910.
C. Agreement Finalized: The EMHSD will review all applications for completeness and accuracy.
LEPCs with approved applications will then be sent two signed HMEP Grant Agreements. These
agreements will contain specific products which must be submitted by the LEPC to receive HMEP
funding. Funding levels stated in the agreement are subject to the availability of federal funds.
The LEPC must sign the agreements, return one to the EMHSD, and retain one copy for LEPC
files. The original signed agreement must be returned to the EMHSD to the attention of the
SARA Title III Program (see Item B above) by the date specified in the cover letter received
with these instructions.
D. Matching Funds Identified: When the LEPC receives the HMEP Grant Agreement, it
will also receive a form on which to document its matching funds. Federal grants require
matching funds to be calculated against TOTAL program costs. For grant purposes, total
program costs are calculated by dividing the proposed reimbursements from this grant by .80.
The resulting amount (total program cost) is then multiplied by .20 to get the match required for
this grgnt. The MPthhing Fr incrs ferm mirst he ref., Tried to the Pmergenry f\Arlgement and
Homeland Security Division with the HMEP Grant Agreement. The form is used to estimate
matching funds based upon the proposed agreement amount (also see II F, above). However,
the grantee must be prepared to match funds based on the amount of grant funding actually
received for the contract period, including additional funding received in excess of the
agreement amount. STAFF POSITIONS AND/OR PROGRAMS SUPPORTED BY FEDERAL
FUNDS CANNOT BE USED AS MATCH FOR THIS GRANT.
2
November, 2011 ATTACHMENT A
IV. ALLOCATION FORMULA
A. Plan and Update Payments: The EMHSD will reimburse LEPCs for new and updated plans.
The estimated reimbursement rate for 2011-2012 is $250 for new plans and S30 for updated
plans. Facilities must be on the enclosed 302 site list or be on the 302 site list by July 1, 2012.
Plans that are added to the 302 site list after July 1, 2012 may not receive payment from the 2011-
2012 HMEP Grant. To receive this funding, items B and/or C on the bottom of the "Local
Emergency Planning Committee Application for Hazardous Material Emergency Preparedness
Grant" form must be completed.
* New plan funding amount is subject to change, dependent on federal grant amount and the total
number of new plans submitted by LEPC's.
B. Support Grant Payments: Each LEPC is eligible for a $1000 Support Grant. To qualify for the
Support grant, an LEPC must:
• Meet at least quarterly, and verify that meetings have been held by sending the Emergency
Management and Homeland Security Division a copy of the meeting minutes or an attendance
roster.
• Annually update its officer/membership list and submit it to the EMHSD.
• Incorporate its completed, off-site response plans into the city/county EOP/EAG.
• Review the city/county EOP/EAG annually to make sure its hazmat response section is
current.
Verification of the above items, via a form signed by the LEPC Chair and/or the Local Emergency
Management Coordinator, will be requested by EMHSD prior to the end of the grant year.
NOTE: It is recommended that during this grant year, each I FPC update all of the Section 302
off-site response plans that it has completed, and develop new off-site response plans for all sites
that are not yet complete,
PLANNING GRANT REQUIREMENTS
LEPCs are eligible for their allocation, if they meet the following requirements:
A. Products: The intent of the planning grant is to encourage the development of new off-site
Hazardous Material Response Plans and updates of previously submitted off-site response plans
for each SARA Title III Section 302 site in Michigan. Plans must be submitted to the appropriate
EMHSD district coordinator by the date specified in each LEPC's contract. A list of updated plans
(a plan update includes verification and updating by the LEPC of the following:
November, 2011 ATTACHMENT A
Emergency contact information, types of extremely hazardous substances (EHS) and their
quantities kept on site, storage locations, and any other items which may change over
time) for sites on the current 302 site list must also be submitted by that date. The list must
include the site name, DEQ SARA I.D. number, and name of facility contact that assisted with the
review. A form for this submittal is located on the EMHSD website. This list can be submitted
directly to the address noted in Item III B above, and does not need to be submitted to the
EMHSD District Coordinator.
B. Eligible Expenses: Funds received from this grant are to be utilized for expenses that support
and facilitate the development and/or updating of required SARA Title III off-site plans. These
expenses include, but are not limited to:
• Training for LEPC members, as long as it relates to the LEPC's planning mission.
• Development, improvement, and implementation of emergency plans required under SARA
Title III.
• Exercises which test LEPC plans.
• Enhancement of LEPC plans, e.g., improving the hazard analysis, enhancing response
procedures involving transportation of hazardous materials (including radioactive
materials).
• Commodity flow studies.
• Needs analysis for establishing regional response teams.
• Technical staff to support the planning effort.
• Assessment of local response capabilities.
Types of eligible costs include:
Must be directly related to SARA Title Ill planning activities
• Meeting room rental
• Per Diem for LEPC members
• Public notices
• Printing costs
• Office administrative expenses
• LEPC staff costs
Note: Computer hardware is not an allowable purchase, nor is software because it is
usually considered an "operational system," which is any type of system that could be
used in an emergency response, e.g., reverse 9-1-1 calling systems, hazmat databases,
etc.
4
November, 2011 ATTACHMENT A
Documentation of expenditures need not be submitted to the Emergency Management and
Homeland Security Division, but must be made available upon request.
C. Off-Site Response Plans:
1. New off-site plans must be submitted to the appropriate EMHSD District Coordinator
for review by July 1,2012.
2. If an LEPC proposes to complete updates of previous plans, it must submit a list of completed
updates to the EMHSD at the address noted in III. B above, by July 1,2012.
3. If an LEPC completes fewer updates and/or new off-site response plans than it proposes, its
award will be prorated according to the number of plans/updates accepted by the EMHSD.
Note: Upon request, LEPCs may be required to make updated plans available to the
EMHSD for verification purposes.
D. EMHSD Information Requests
The LEPC must provide the EMHSD with information on how HMEP funds were used and what
was accomplished, upon request. Other information requests related to LEPC operations may
also be sent to LEPCs.
E. Federal Reporting of Subawards and Executive Compensation
Upon request, Subgrantee will supply information to the Subgrantor 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). Based on the following criteria if in the
previous tax year, your organization had a gross income, from all sources, under $300,000 you
are exempt from requirements to report: Subawards and the total compensation of the five most
highly compensated executives of any sub recipient. To determine if the public has access to the
compensation information, see the US Security and Exchange Commission total compensation
filing at <http://wvvw.sec.gov/answers/execomp.htm >.
F. Reporting of Data Universal Numbering System (DUNS) Number
To be in compliance with federal government reporting requirements the Michigan Department of
State Police, Emergency Management and Homeland Security Division is required to collect a
5
November, 2011 ATTACHMENT A
DUNS Number from any recipient of sub-awards provided through the State Of Michigan. If the
identification number has already been provided by the Local Emergency Planning Committee
during another grant application process then resubmission will not be necessary. A DUNS
Number must be submitted in writing before payments can be made.
VI. REIMBURSEMENT PROCESS
Payment to LEPCs (or a prorated portion, as noted above) will be processed by the EMHSD upon
acceptance of the LEPC's products as specified in its contract.
VII. ITEMS TO INCLUDE WITH APPLICATION
A. HMEP Planning Grant Application form. (Appropriate boxes for the type of grant requested
must be checked on the application, and Officer/Emergency Manager information must be
included.)
B. LEPC meeting schedule for the upcoming year.
Questions concerning the Hazardous Materials Emergency Preparedness Planning Grant should be
directed to Mr. Jay Eickholt, Michigan State Police, Emergency Management and Homeland Security
Division, 4000 Collins Rd, Lansing, MI 48910, at (517)333-4416 or e-mail at eickholtj1@michigan.gov .
6
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/
/1 /
, I r ,
FISCAL NOTE (MISC. #12088) April 18, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2011-2012
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT 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 resolution recognizes the Superfund Amendment and Reauthorization Act
(SARA) of 1986, Title III which requires the planning and provision for community
right to know on extremely hazardous substances in local communities.
2. A grant application was submitted and Oakland County has been notified that the
Local Emergency Planning Committee (LEPC) was eligible to receive up to
$13,010 for the submittal of new and updated plans during the grant period
October 1, 2011 through September 30, 2012.
3. This grant requires an in-kind grant match of $3,253 in General Fund
expenditures bringing the total program costs to $16,263.
4. The Fiscal Year 2012 Homeland Security General Fund budget includes costs
associated with this program, therefore, no budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Crawford and Quarles absent.
Resolution #12088 April 18, 2012
Moved by Crawford supported b y Middleton the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompan yin g reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Lon g, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompan ying reports being accepted).
I HEREBY APPROVJHE FOREGN 'RESOLUTION
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 April 18,
2012, with the original record thereof now remainin g in m y office.
In Testimony Whereof, I have hereunto set m y hand and affixed the seal of the Count y of Oakland at
Pontiac, Michigan this 181h day of April, 2012.
R) eutiLLA_,,,i 094,
Bill Bullard Jr., Oakland County