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HomeMy WebLinkAboutResolutions - 2013.03.21 - 20742MISCELLANEOUS RESOLUTION #13065 BY: GENERAL GOVERNMENT COMMITTEE, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - 2012-2013 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING PROGRAM (HMEP-PP) 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 Planning Program (HMEP-PP) grant provides funds to LEPCs for the purpose of enhancing hazardous material response planning; and WHEREAS an application was submitted, and Oakland County has been notified that the LEPC is eligible to receive $9,940 for the submittal for new and updated plans during the grant period of October 1, 2012 through September 30, 2013; and WHEREAS the required 20% in kind match of $2,485 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 Planning Program (HMEP-PP) grant in the amount of $9,940 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 $9,940 and a 20% match of $2,485 for a total of $12,425 and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Helen Hanae From: Sent: To: Subject: Attachments: West, Catherine <westca@oakgov.com > Thursday, February 28, 2013 4:58 PM Stoddard, Sara; Quisenberry, Theodore H.; Pisacreta, Antonio GRANT REVIEW SIGN OFF: Homeland Security - 2013 Hazardous Materials Emergency Preparedness (HMEP) - Grant Acceptance GRANT REVIEW ACCEPT SIGN OFF.pdf GRANT REVIEW SIGN OFF — Homeland Security GRANT NAME: 2013 Hazardous Materials Emergency Preparedness (HMEP) FUNDING AGENCY: Michigan State Police Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Sara Stoddard 248 858-5080 STATUS: Grant Acceptance DATE: February 28, 2013 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be place on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (2/27/2013) Department of Human Resources: Approved. — Karen Jones (2/27/2013) Risk Management and Safety: Approved by Risk Management. —Julie Secontine (2/27/2013) Corporation Counsel: After reviewing the above-referenced Grant Agreement, I found no legal issues that must be resoluted before the Agreement is executed. —Jody S. Hall (2/28/2013) 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, A-133, A-21, A-110, and A-122 http://www.whitehouse.goviombicirculars/index.html Superfund Amendments and Reauthorization Act of 1986 (SARA), Title Ill http://www.fema.gov/government/grant/sara.shtm 1 RICK SNYDER GovERNOR STATE OF MICHIGAN .r!--1''Mf.7,,L 7 y DEPARTMENT OF STATE POLICE. LANSING FEC 1 q A I I0 q01_, KRISTE KIBBEY ETUE DREOTOR February 8, 2013 Ms. Sara Stoddard Emergency Management Coordinator Oakland County Emergency Response and Preparedness 1200 North Telegraph Road Pontiac, Michigan 48341-0410 Dear Ms. Stoddard: Enclosed is the 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) Grant Agreement package for the County of Oakland. Please return the required grant documentation listed on the enclosed Sub grantee Checklist to our office at the following address: Attention: Ms. June Martin Emergency Management and Homeland Security Division Michigan Department of State Police 4000 Collins Road Lansing, Michigan 48910 Additional information on the 2012-2013 HMEP Grant can be found at www.phmsa.dot.gov/hazmat/grants. This grant agreement and all required attachments must be completed, signed, and returned no later than Aoril 9, 2013. If this requirement is not met, this grant agreement will be invalid after April 9. 2013, unless a prior written exception is provided by the Michigan State Police, Emergency Management and Homeland Security Division. If you have any questions regarding this correspondence or the 2012-2013 HMEP Grant Program, please contact Mr. Jay Eickholt at EickholtJ1©michigan.gov or (517) 3334416. -7 Anthony P. Katarsky Acting Division Commander Emergency Management and Homeland Security Division Enclosures (10) cc: LEPC Chairperson (letter only) MSP/EMHSO District Coordinator (letter only) EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION • 4000 COLLINS ROAD • LANSING, MICHIGAN 48010 vAvw.mIchipan.crAdmsp • (517) 330.6106 SUBGRANTEE CHECKLIST 2012-2013 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING PROGRAM (HMEP-PP) GRANT AGREEMENT CFDA No: 20.703 Submit the following items as necessary to: ATTN: Ms. June Martin, Emergency Management and Homeland Security Division, Michigan Department of State Police, 4000 Collins Road, Lansing, Michigan 48910 SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS ARE RECEIVE fl 1. Grant Agreement (NOTE: There are two (2) sets of the Agreement enclosed. Please sign both, but retain one signed document for your records and return the other signed document to us.) O 2. HMEP 2012-2013 Planning Grant Agreement In-Kind Match form [..3 3. Standard Assurances El 4. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements (OJP-Form 4061-6) • 5. State of Michigan Audit Certification form (EMD-053) n 6, Request for Taxpayer Identification Number and Certification form (W-9) LI 7. 2012-2013 SARA Title III Hazardous Materials, Off-site Emergency Response Plan Update List form NOTE: The Plan Update List form does not need to be completed and returned with your 2012-13 HMEP-PP grant agreement. This form is to be used if and when a list of updated plans is submitted for your grant_ The Plan Update List form can be submitted directly to the SARA Title III Planner at the MSPiEMHSD when you have completed your entire plan updates for the grant year. POST REIMBURSEMENT REQUIREMEN'Ts 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 Education, Office of Audits, Hannah 4111 Floor, P.O. Box 30008, 608 West Allegan, Lansing, Michigan 48909. State of Michigan 2012-2013 Hazardous Materials Emergency Preparedness Planning Program Grant Agreement October 1, 2012 to September 30, 2013 CFDA Number: 20.703 Grant Number: HM.HMP-0286-12-01-00 This 2012-2013 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 and Objective 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 Ill, Section 302, hazardous materials emergency response plans, as well as for the updating of previously submitted plans. This grant agreement provides 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. Increased 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 II. Statutory Authority Funding for the 2012-2013 HM EP-PP grant is authorized by Federal Hazardous Materials Transportation Law (49 U.S.C. Section 5101 et. seq.). The subgrantee 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 US. Department of Transportation and to pay an annual fee. The Subgrantee agrees to comply with all program requirements and regulations, including, but not limited to the following, as applicable: A. 49 CFR, Part 110 Hazardous Materials Public Sector Training and Planning Grants_ B. 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. 2 CFR, Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87), or other applicable cost principles. D. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whitehouse.gov/ombicirculars_default, which is incorporated by reference into 49 CFR Part 18. E. Public Law 107-300, Improper Payments Information Act (1PIA) of 2002, located at http://www.ciol.gov/ocfo/media/regs/IPIA.pdf. F. 49 CFR, Part 20, New Restrictions on Lobbying 2012-2013 HMEP-PP County of Oakland Page 2 of 7 G. Title VI of the Civil Rights Act of 1964, located at httpfiwww.justice.govfortiabout/cor/coordltitlevistat.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 I. 49 CFR, Part 32, Government-wide Requirements for Drug-Free Workplace (Financial Assistance), which implements the requirements of Public Law 100-690, Title V, Subtitle D, Drug-Free Workplace Act of 1988. Code of Federal Regulations (CFR) documents are located online at http://www.ecfr.gov . Ill. Award Amount and Restrictions The County of Oakland is allocated $9,940.00 under the 2012-2013 HMEP-PP. This funding will be awarded as described in Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2012-2013, which is attached to this agreement, and is based on information provided on the HMEP grant application submitted for the 2012-2013 grant year. This allocation is dependent upon the level of federal funding and may be reduced if federal funding is reduced. Any unused 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. Based on the Subgrantee's application, a match amount of $2,485.00 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 III, 0 of the Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2012-2013, attached to this agreement, IV. Responsibilities of the Subgrantee Grant 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. In addition to this 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 2012-2013 Planning Grant Agreement In-Kind Match form 2. Standard Assurances 3. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug- Free Workplace Requirements 4. State of Michigan Audit Certification form (EMD-053) 5. Request for Taxpayer Identification Number and Certification (W-9) 6. Plan Update List form (2012-2013 SARA Title III Hazardous Materials, Off-site Emergency Response Plan Update List) 7 Other documents that may be required by federal or state officials The Subgrantee agrees to comply with all applicable federal and state regulations, including, but not limited to, the following: A. Meet the LEPC eligibility requirements, as stated in the attached Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2012-2013, Section II. 2012-2013 HMEP-PP County of Oakland Page 3 of 7 B. Submit new SARA Title III (Section 302) community hazardous materials emergency response plans to Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD) no later than July 1, 2013. Support Grant documentation must meet the requirements stated in the attached, Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2012-2013, Section IV. B, or forfeit that portion of the grant award. C. Submit a list of updated SARA Title Ill (Section 302) community hazardous materials emergency response plans to MSP/EMHSD no later than July 1, 2013. The form for submitting these updates is available on the MSP/EMHSD Website at http://www.michigan ,gov/msp/0,4643,7-123-1593_3507---,00.html, Support Grant documentation must meet the requirements stated in the attached Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2012-2013, Section 1V. B, or forfeit that portion of the grant award. D. Comply with the National Incident Management System (NIMS), NIMS information is available at http://wwv..,LfAmagov/AmArgency/nims. More information on complying with NIMS is available through the State NIMS Coordinator. E. Comply with applicable financial and administrative requirements set forth in the current edition of 49 CFR, Part 18, 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 pertinent materials 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. 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 49 CFR, Part 18 F. Integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347 and the Rehabilitation Act of 1973. G. Comply with federal rules for contracting with small and minority firms, women-owned 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. H. Upon request, supply information to the Subgrantor, as required, to address federal reporting requirements relevant to the FRI-banal Funding Accountability and Transparency Act of 9006 (FFATA) (Public Law 109- 282), as amended by Section 6202(a) of the Government Funding Transparency Act of 2006 (Public Law 110-252). V. Responsibilities of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this grant agreement, will: A. Administer the grant in accordance with all applicable federal and state regulations and guidelines and submit required reports to the awarding federal agency. B. Provide direction and technical assistance to the Subgrantee. C. Provide to the Subgrantee any special report forms and reporting formats (templates) required for administration of the program. D. Reimburse the Subgrantee, in accordance with this grant agreement, based on appropriate documentation submitted by the Subgrantee. 2012-2013 HMEP-PP County of Oakland Page 4 of 7 E. At its discretion, independently, or in conjunction with the federal awarding agency, conduct random on-site reviews with the Subgrantee(s). F. Ensure compliance with federal requirements and verify that grant performance objectives are being achieved. VI. 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 Update List form as stated in the 2012-2013 application to MSP/EMHSD, no later than July 1, 2013. Complete instructions on how and where to submit required reports can be found in the Hazardous Materials Emergency Preparedness Planning Grant Instructions FY 2012- 2013, attached to this agreement. If a Support Grant was requested, the LEPC must meet the requirements stated in the attached Hazardous Materials Emergency Preparedness Planning Grant instructions FY 2012-2013, Section IV. B, or forfeit that portion of the grant award. VII. 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 2012-2013 document attached to this agreement for further information. Starting with the 2012-2013 HMEP grant, all Subgrantees in the HMEP grant program must submit documentation on the associated costs being charged to the $1,000 HMEP support grant. The eligible expenses are laid Out in the HMEP $1,000 Support Grant Certification Form, which will be mailed to each LEPC at the close of the federal fiscal year. When a LEPC enters information into this form, the cost will need to be supported by a receipt, time sheet (reflecting hours worked on SARA related planning issues), purchase order or a paid invoice. The support grant form and attachments must be returned to MSP/EMFISD by the assigned due date. VIII. 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 1979 (Fro/ Opportunity in Frinratinn Act); the Age Discrimination Act of 1975; Titles I. II and Ill of the Americans with Disabilities Act of 1990; 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 at 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 handicap that is unrelated to the individual's ability to 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 must comply with 2 CFR 1200 Nonprocurement Suspension and Debarment, located at http://www.ecfrgov. The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of the Subgrantee for projects related to this grant agreement appears on the Federal Excluded Parties List System, located at hftp://www.sam.gov . 2012-2013 HMEP-PP County of Oakland Page 5 of 7 IX. 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. X. 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. XI. Grant Agreement Period This grant agreement is in full force and effect from October 1, 2012 through September 30, 2013. No costs eligible under this grant agreement shall be incurred before the starting date of this grant agreement, except with prior written approval. This grant agreement consists of two identical sets, simultaneously executed; each is considered an original having identical legal effect. This grant agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the grant agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to reimburse the Subgrantee. XII. 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 grant end date. No party to this grant agreement may assign this grant agreement or any of his/tier/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, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. 2012-2013 HMEP-PP County of Oakland Page 6 of 7 XIII. 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. XN. 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. 2012-2013 HMEP-PP County of Oakland Page 7 of 7 XV. Official Certification For the Subarantee 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 Subgrentee's DUNS Number Printed Name Title Signature Date For the Subprantor (Michigan State Police, Emergency Management and Homeland Security Division) Acting Division Commander, Emergency Anthony P. Katarsky Management and Homeland Security Division Printed Name Title Signature Date /2013 HMEP 2012 - 2013 PLANNING GRANT AGREEMENT IN-KIND MATCH The Oakland County LEPC has been allocated the funding amount specified in the attached grant agreement. Therefore, a local fund match of $2,485 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 EMPGIHSGP funds cannot be used for match.) rJ Planning Personnel: (name) whose salary and fringe benefits cost $ hours on LEPC planning. Secretarial: per hour, will work approximately (name of employee or of Secretarial service) whose salary and fringe benefits cost $ per hour, will work approximately hours on LEPC business. 0 Office Space: (government jurisdiction or other entity) -I will provide a square foot office located at to the LEPC at a cost of $ per square foot. Mailing: will provide $ (government jurisdiction or other entity) toward LEPC related mailings. Printing: (government jurisdiction or other entity) toward LEPC related printing. will provide $ EJ Other: (Describe) STANDARD ASSURANCES OMB APPROVAL NO, 1121-0140 EXPIRES 06/30/2009 TI.w Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-2I, 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 ures 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 (42 U.S.C. § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 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 §§ 6101-07); see FL 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. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTR-,•,..E. 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 cempleling 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-ourement) 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 1362, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee Of Congress, or an employee of a Member of Congress in con. nection with the making of any Federal grant, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit standard Form - LLL, "Disclosure of Lobbying Activities, in accordance With its instructions; (c) The undersigned Shall require that the language of this cer- tification be included in the aware documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, arid 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 Suepension. and Implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 81.510- 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 Fecieralcourt, 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 4r 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 peragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. where the applicant is unable to certify to any of the statements In this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, arid implemented at 28 OFR 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 substeriee 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); (0) Notifying the employee in the Statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 406116 1) REPLACES OJP FORMS 408112, 408113 AND 408114 WHICH IhRe. 014$4LETg. (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 crimingl drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (4)(2) from an employee or otherwise receiving actual notice of such convic-tion. Empleyers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue. NW., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (1) 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 COM/in:A- M Taking appropriate personnel action against such an employee, up to end Meier:line termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily In a drug abuse assistance or rehabilitation program approved for such purposes by a Federal. State, or local health, law enforce. merit, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through imp4ementatiOn Of paragraphs (a), OA (c), (d), (e), end (f). B. The grantee may insert in the apace provided Wow the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city. county, state, zip code) Check El if there are workplaces on file that are not inclentified here. Section 67, 530 of the regulations provides that a grantee that is a Slate may elect to make one certification In each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 406117. Check 0 if the State has elected to complete OJF' Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1985, and implemented at 26 CFR. Part 67. Subpart F, for grantees, as defined at 28 CFR Part 67: Sections 67.615 arid 67.620— A. As a condition of the grant, I certify that I will not engage In the unlawful manufacture, distribution, dispensing, posses- sion, or use cia controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction. in writing, within 10 calendar days of the conviction. to: Department of Justiee, Office of Justice Programs. ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531. As the duly authorized representative of the applicant. I hereby certify that the applicant will comply with the above certifications, 1. Grantee Name and Address: 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4, Typed Name and Title of Authorized Representative 5. Signature 6. Date Government Printing Office: 1996- 405-057/40014 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, 1990 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: Michigan Department of Education, Office of Audits, Hannah Building, 4m Floor, P.O. Box 30008, 608 West Allegan, Lansing, Michigan 48909, for each year they meet the funding threshold. Program: 2012-2013 Hazardous Materials Emergency Preparedness Planning Program CFDA Number: 20.703 Subgrantee information Jurisdiction Name: Street Address: City, State, Zip Code: Certification for Fiscal Year Ending (mmidd/yyyy): (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, n I certify that the subgrantee shown above expects it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, during at least one fiscal year funds are received for the above listed program. A copxof the audit report will be submitted to: Michigan Department of Education, Office of Audits, Hannah Building, e Floor, P.O. Box 30008, 608 West Allegan, Lansing, Michigan 48909. (signature of Subgrantee's Authorized Representative) (Date) Please mall completihl form to: Attention: Ms. iUi Martin Emergency Management and Homeland Security Division Michigan Department of State Police 4000 Collins Road Lansing, Michigan 48910 For MSP-EMD Use Only Reviewed By: Date: Authority: Act 390, P. A. of 1976, as amended Completion: Voluntary, but completion necessary to be considered for assistance. Employer identification number -9 (Rev. December 2011) qeparirrient of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Name (as shown on your income tax return) Rusiness namekliaregarded entity name, if different from above 01 Check appropriate box for federal tax clEusalfication: individusVsole proprietor 0 C Corporation S Corporation 0 Partnership 0 Ti-tat/estate 0 Limited liability company. Enter the tax classification (c.0 corporation, S=S corporation, P=PartnerShiP) 0 Other (see instructions) e- Cexemel Payee address (number, eet, and apt. or suite no.) City, state, and ZIP code at account numbens) here (optionail Requester erne and address (optionai) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given On the "Nernew line Social security nurnbor to avoid backup withholding. For individuals, this is your social security number (SS% 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 (FIN). If you do 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, Part Ii 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 traCkup withholding because: (a) I am exempt from backup withholding, or (b) I have riot 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 dhndends, of (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does net apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally. payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person IP Date IP 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 I R$ 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 cmduding a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or bushel:le Is not subject to the withholding tax on foreign partners' share Of effectively connected ineOme. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to tnia Form W-9, Definition of a U.S. person. For federal tax purpose; you are considered a U.S. person If you are; • An Individual who is a U.S. citizen or U.S, resident alien, • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States, • An estate (Other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). special rules for partnerships. Partnerships that conduct a trade or business in the United States era generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, Provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your shere of partnership income. Cat. No, 102S1X Form W-9 (Rev, 12.2011) Poem w-a (R60,12-2011) age 2 The person whe gives Form lAs9 to the partnership for purposes of establishing Its US. status and avoiding withholding on Its allocable share of net Income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and riot 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. It you are a foreign person, do not i,ise Form W-9. Instead, use the appropriate Forrn W-5 (see Publication 515. Withholding of Tax on Nonresident Aliens and Foreign Entities), Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause," Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has otherwise become a VS. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained In the saving datum of a tax treaty to claim an exemption from U.S. tax on certain types of lnoome, you must attach a statement to Form W-9 that !vacates the following five Items: 1. The treaty country. MenemIly, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. StlffiGlent facts tO justify the exemption from tax under the terms el the treaty article. Example. Article 20 Of the US.-China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes If his or her stay in the United States exceeds 5 calendar years. However, Paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies lor this exception {under paragraph 2 of the find protocol) and is relying on this exception to claim an exemption from tax on his or her SCholarshlo 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 backup withholding? Persons making certain Payments to You must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called `backup withholding." Pa-yrnarits that may be staaleCt to backup withholding include interest, tax-exempt Interest, dividends, broker anCi barter exchange transactions, rents, royalties, nonemployae pay, arid certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You MI not be subject to backup withholding on payments you receive it 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 (sae the Part It instructions on page 3 for detail6), 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 (lor reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding, See the Instructions below arid the separate instructions for the Requester of Form W-9. Also see Specfar rules for partnerzhins 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 $ corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-a 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 fan to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including lines andfor 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 most generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage Without informing the Social Security Administration of the name change, enter your first name, the last name shown On your social security card, and your new last name. If the account is in joint names, list first, and then circle. the name of the person Or entity whose number you entered In Part I Of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your businesS. Dade. or "doing business as (OSA)" name on the "I3usineas name/disregarded entity name" line.. Partnership, C Corporation, or $ Corporation. Enter the entity's name on the "Name" line and any business, trade, or "doing business as (DBA) name" on the "Business narne/dIsregarded entity name" line. Disregarded entity. Enter the Owner's name on the "Name" line. The name of the entity entered on the "Name" ilne 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, ii a foreign LLC that is treated as a disregarded entity for U.S. federal tx purposes has a domestic owner, the domestic owner's name is required to be provided on the "Name" line. It the direct owner or 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 parson, you must complete an appropriate Form W-13. Note, Check the appropriate box for the federal tax cLassificatiori of the person whose name is entered on the "Name" line (Individual/sole proprietor, partnership, 0 Corporation, S Corporation, Trust/estate). Limited Liability 6,mpany (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 provided. If you are an LLC that is treated as a partnership for federal tax purposes, enter "P" for partnership. If you are an LLO that has flied a Form 8832 or a Form 2553 to be taxed as a corponation. enter "C" for C corporation or "S" for S corporation. If you are an I-LC 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 LLC Is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the "Name' line. Forrn iFterv. 12-2011) Page 3 Other entitles, Enter your business name as shown on required federal tax documents on the "Name" fine. Is name should match the name shown on the charter QY other legal document creating the entity. You may enter any business, trade, or DBA name on the 'Business name/ disregarded entity name" fine. Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then theck the 'Exempt payee" box In the line tOilowIng 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. it you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The meowing 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) lithe account satisfies the requirements of section 401(0(2), 2. The United Statee or any of itiz agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States. or any of their political suLxiivisioe$ 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 oorporation, 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 4 poe.....ion 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 ELS a rigid( me Of oustodian, 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 payment Is far ... THEN the payment ie exempt for ... Interest arid dividend payments All exempt payees except for 9 feroker transactions Exempt payees 1 through Sand 7 thrOugh 13. Also, C corporations. Barter exchange transactions and Exempt payees 1 through $ patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 7 $5,000 , See Form 1095-MI$C, MiscellaneOus Income, and It instructions. 'However. the following payments made to a corporation and reportable on Form 1059-MISC are not exempt from backup wanhoiding! medical end heattn care payments, attorneys' fees, gross mewls paid to an attorney, and payments for services paid by a federal exeCutive agency. Pert 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 an (TIN, 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 ON. 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 (LW) on page 2), enter the owner's SSII (or FIN, if the owner has one). De not enter the disregarded entity's EN. if the LI-C Is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinatiOnS- How to get a TIN. If you do not have a TN, apply for one immediately. To apply 10r an SSN. get Form SS-6, Application for e Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS individual Taxpayer identification Number, to apply for an ITIN, or Form 55-4, Application for Employer Identification Number, to apply for an EIN. You can apply tor an ON online by 'accessing the IRS website at www.es.gov/businesses and clicking on Employer Identification Number (FIN) under Starting a Business. You can get Forms W-7 and 55-4 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, and give It to the requester. For Interest god dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 deo to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-cl3y rule does not apply to other types of payments. You will be subject to backup withholding on all such paymele until you provide your TIN to the requester. Note. Entering "Applied For means that you have already aPiallad 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 retril w-a Part IL 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 ite-r11, below, and 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 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 I through 3. below, and Kerne 4 and 5 on page 4. 1. Intermit, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983, YOU must give your Correct TIN, but you eo riot 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. Form W-4 (Rev. 12-2011) Pale 4 4. Other payments. You must give your correct TIN, but you do not have to sign the certiacation 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 ter rents, royalties. goods (other than bills for merchandise), medical and health care services (including payrnents to corporations), payments to a nonemployee or services, payments to Certain fishing boat crew members and fishermen, and gross pro:Mx:is paid to attorneys (Including payments to eorporatiOns). S. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt qualified tuition Program payments (under section 529), MA, Coverdell ESA, Archer MM or NSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certifiCirtion. What Name and Number To Give the Requester For this type of aiscount Give name end SON of: 1, Indmdual 2. Two or more Individuals Ooint aCCOunt) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4, a. The usual revocable savings trust (grantor Is also trustee) b. So-called trust account that is not a legal or valid trust under state law S. Sole proprietorship or diaregarded entity owned by an individual 6. Grantor truie filing under Optional Form 1099 Fling MethOd 1 (see Regulation sectiOn 1,671-4()(41W The individual The actual owner of the acCOunt or, ,f combined funds, the first individual on the account ' The minor' The grantor-trustee ' The actual owner ' The owner' The grantor' For this type of acociunt ewe name and EIN of: 7. Disregarded entity not °weed by an individual 8, A valid trust, estate, or pension trust g, Corporation of LILL electing corporate status on Form 8832 or Form 2553 10. Association, ClOt% religious. charitable, educetiOnal, Or other tax-exempt olanIzation 11, Partnefenip or multi-member Lt.0 12. A broker Or r*sterod nominee 13. Account with the Department of Agriculture in the name of a public entity (sueh as a state or local government, salad district, or prison) that receives agricultural program paynterlIS 14. Grantee trust filing under the Form 1041 Filing Method or the optional Farm 1099 Filing Method 2 (see Regulation section 1.871.40X2)0X13)} The owner Legal entity' The corporation The organization The Partnership The broker or riornin The public entity The trust Note, if no name is circled when more than one name Is listed, the number will be considered to be that crf 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 (55N), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job ar may file a tax return Using your SSN to receive a refund. To reduoe your risk; • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Re 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 IOSt or stolen purse or wallet, questionable credit card activity or creek report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039, For more information, see Publication 4536, Identity Theft Prevention and ViChm ASsistance. Victims of identity theft who are experieneing 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 Serviee (TAS) assistance, You can reach TAS by calling the TAS toll-free case intake line at 1-677-777-477a or ITY/TDD 1-900-829-4059, Protect yourself from suspicious *mails or phishing schemes. Plashing Is the creation arid use of email and websites designed tO mimic legitimate business mails and websaes. The most cernmen act is sending an email to a user falsely claiming to be en established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft, The IRS does not initiate contacts with taxpayers via emails. AIM). the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, Of Similar secret access Information for their credit card, bank, or other financial accounts. If you receive arrunsollcited email claiming to be from the IRS, forward this message to phishingeire.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-900-366-4484. You can forward suspicious @mails to the Federal Trade Commission at: spamfauce,gey or contact them at www.fte.govlidtheft or 1-877-11)THEFT (1 -577-438-4338). Visit IRS gay to learn more about identity theft and how to reduce your risk. 'Life fill and circle the name of the isalson whose eumlas, you furnish. 11 only one person on a OW account has an UN. that person's number must ba furnished. Clive the minot'S name and furnish the MIMI'S $$N. You must show your individusl fter116 and you may MO Inter your kszeinste TBA" Mime on The "Buairssse foldniOlfgegefded avtity" nem-. rile. You may use eater Von" 5544 orEW Of 'rag hoea erne, but the IRS encourages you lo use your SSN. LISt tiret and cisme the wee or the trust, estate, or pension trust. (Do net famish the 'PRI of the personsi reOrestonts06% or eosins unless the legal entity egad Is not desieriged in Iho s000unt rilo also use Spade MOS tor partnorihips on page 1- *Note. Grantor aeo mein provide a Form W.9 to tonttne 011rUet Privacy Act Notice SectiOn 6109 Or the Internal Revenue Code requires you to provide your correct TIN to Portions clOOlUding federal agancies)iii)o are required to file information returns with the IRS to report interest, dividends, or certain other interne paid to you; mortgage interest you paid; the acquisitem or abandonment of Secured property; the cancellation of debt or contributions you made to an IRA, Archer NASA, Of HSA. The person collecting this form L1565 the Information on the form to the information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of eustice for civil and criminal litigation and to cities. states, the Pistrict or Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed 10 other countries under a treaty, to federal and state agencies to enforce civil and criminal WA's, Or Ittl federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are reauired to file a tax return. Under section 8406, payers must generally withhold a percentage of taxable interest, dividend, and certain Other payments to a payee who does not give a TIN to the payer. certain penalties may also apply for providing false or fraudulent information. LEPC NAME: 11•1•1•MMIIMMINIMIIIIn DATE: Date Original Plan MI SARA ID Nurnberg Facility Name: Facility Emergency Contact: Emergency Contact Phone Number: Submitted: 2012-2013 SARA Title Ill Hazardous Materials, Off-site Emergency Response Plan Update List This form is used for the recording of updated emergency contact information for sites required to report under SARA Title III, Section 302. PLEASE DO NOT LIST NEW PLANS ON THIS SHEET Note: Michigan State Police, Emergency Management and Homeland Security Division may contact facilities to verify the plan review. MSP-EMHSD 08112 1 Signature: (LEPC Chair or Local Emergency Management Coordinator) January 2013 ATTACHMENT A HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING GRANT INSTRUCTIONS 2012 - 2013 I. GRANT PROGRAM DESCRIPTION The Michigan State Police, Emergency Management and Homeland Security Division (MSP/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 hazardous material response planning. II. 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. Meat 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-kind match includes nun-federaily funded LEPC member time, office space, secretarial support, LE-PC office and administrative expenses, etc. (See Item HID. 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: Debarment, Suspension, and other Responsibility Matters: and Drug-Free Workplace Requirements. As vacancies occur in these three positions, new appointments must be made and submitted to the MSP/EMHSD on the proper forms. The forms are available by contacting Mr. Jay Eickholt at (517) 3334416, or on the web at www.miohigan.govfemhsd (click on: Hazardous Materials Local Hazardous Materials Planning). Documentation for Items B through E must be submitted with the application. (See Section VII.) January 2013 ATTACHMENT A III. APPLICATION PROCESS A. Deadline: All applications must be received at the MSP/EMHSD by December 31, 2012, and include an LEPC schedule for FY 2012-2013. Applications without a schedule will not be processed. B. Application Mailing Address: Submit the completed application to: Attention: Mr. 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 MSP/EMHSD wilt review all applications for completeness and accuracy. LLPCs with approved applications will then be sent two 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 MSP/EMFISD, and retain one copy for their LEPC, files. The original, signed agreement and attachments must be returned to the MSINEMHS13 to the attention of Ms. June Martin by the date specified in the cover letter mailed with these instructions, 0. 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 grant. The In -Kind Match form must be returned to the MSP/EMHSD with the HMEP Grant Agreement packet. The form is used to estimate matching funds based on the proposed agreement amount (see Item 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 --- of the agreement amount. STAFF POSITIONS AND/OR PROGRAMS SUPPORTED BY FEDERAL FUNDS CANNOT BE USED AS MATCH FOR THIS GRANT. 2 January 2013 ATTACHMENT A IV. ALLOCATION FORMULA A. Plan and Update Payments: The MSP/EMHSD will reimburse LEPCs for new and updated plans. The estimated reimbursement rate for 2013 Is $250 for new plans and $30 for updated plans. Facilities must be on the enclosed 302 slte list, or be on the 302 site list by July 1, 2013. Plans that are added to the 302 site list after July 1, 2013, may not receive payment from the 2012-2013 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 LEPCs. 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 MSP/EMHSD a copy of the meeting minutes or an attendance roster. Annually update its officer/membership list and submit it to the MSP/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 hazrnat 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 the MSP/EMHSD prior to the end of the grant year. 0 *N RV* PROOF OF PURCHASE AND ASSnrIATEn WORK Starting with the 2012-2013 HMEP Grant, all subgrantees In the HMEP Grant Program must submit documentation on the associated costs being charged to the $1,000 HMEP Support Grant, The eligible expenses are laid out in the HMEP $1,000 Support Grant Certification Form, which will be mailed to each LEPC at the close of the federal fiscal year. When an LEPC enters information Into this form, the cost will need to be supported by a receipt, time sheet (reflecting hours worked on SARA-related planning issues), purchase order, or a paid Invoice. The support grant form and attachments must be returned to the MSP/EMHSD by the assigned due date. 3 January 2013 ATTACHMENT A NOTE; It is recommended that during this grant year, each LEPC 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. V. 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 ill Section 302 site in Michigan. Plans must be submitted to the appropriate MSP/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: emergency contact information, types of extremely hazardous substances (ENS) 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, DEO SARA 1.0. number, and name of facility contact that assisted with the review. A form for this submittal Is located on the MSP/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 MSP/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: ta relates a,- Yreer...- planninga 3 Training for LEPC members, as long as II rUltIllUs IC) MC mission. • Development, improvement, and Implementation of emergency plans required under SARA Title 111. O 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 teems. • Technical staff to support the planning effort. • Assessment of local response capabilities. 4 January 2013 ATTACHMENT A Types of eligible costs include: Must be directly related to SARA Title III planning activities. • Meeting room rental. • Per Diem for LEPC members, • Public notices. • Printing costs. • Office administrative expenses. • LEPC staff costs. Note: Computer hardware or software is not an allowable purchase 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. Documentation of expenditures need not be submitted to the MSP/EMHSD, but must be made available upon request. C. Off-Site Response Plans: 1. New off-site plans must be submitted to the appropriate MSP/EMHSO district coordinator for review by July 1,2013. 2. If an LEPC proposes to complete updates of previous plans, it must submit a list of completed updates to the MSP/EMHSD at the address noted in Item III.B. above by July 1, 2013. 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 MSP/EMHSD, Note: Upon request, I FPI% may be required to make mplintad plans 2vallabIa to the MSP/EMMSD for verification purposes. D. MSP/EMMSD information Requests: The LEPC must provide the MSP/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. 5 January 2013 ATTACHMENT A E. Federal Reporting of Sub-awards and Executive Compensation: Upon request, the 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 emended 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 sub-awards 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, refer to the U.S. Security and Exchange Coin mission total compensation filing at <http://www.sec.gov/answerstexecomp,htm >, F. Reporting of Data Universal Numbering System (DUNS) Number To be in compliance with federal government reporting requirements, the Michigan State Police, Emergency Management and Homeland Security Division is required to collect a DUNS number from any recipient of sub-awards provided through the state of Michigan. (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 MSP/EMHSD upon acceptance of the LEPC's products, as specified in its contract. VII. ITEMS TO INCLUDE WITH APPLICATION A. MEP 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 Road, Lansing, Michigan 48910, at (517) 333-4416, or e-mail at EickholtJl@michigan.gov . 6 GRANT REVIEW SIGN OFF — Homeland Security GRANT NAME: 2013 Hazardous Materials Emergency Preparedness (IIIVIEP) FUNDING AGENCY: Michigan State Police Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Sara Stoddard 248 858-5080 STATUS: Grant Acceptance DATE: February 28, 2013 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be place on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (2/27/2013) Department of Human Resources: Approved. — Karen Jones (2/27/2013) Risk Management and Safety: Approved by Risk Management. — Julie Secontine (2/27/2013) Corporation Counsel: After reviewing the above-referenced Grant Agreement, I found no legal issues that must be resoluted before the Agreement is executed. — Jody S. Hall (2/28/2013) 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, 4-133, 4-21, A-110, and A-122 http://www.whitehouse. oviombicirculars/index.html Superfund Amendments and Reauthorization Act of 1986 (SARA), Title i31 http://www.fema.gov/government/grant/sara.shtrn Federal Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 hap://www.epa_gov/oetn/wntent/epera/ Federal Hazardous Materials Transportation Law (49 U.S.C. section 5101) http://www.apo.gov/fdsvs/search/pagedetails.action?browsePath=TitIe+49%2FSubtitle-FIII%2FChapter-F51%2FSec.+5101&gran u1eid=USCODE-2009-title49-subtitlelTI-chap51-sec510 J &packageld=USCODE-2009- title49&collapse—true&fromBrowse—true&bread—Lrue Hazardous Materials Public Sector Training and Planning Grants (49 CFR. Part 110) hap://www.gpagov/fdsvs/rtke/CFR-2004-titio49-vol2/pdf/CFR-2004-title49-vol2-subtitleB-ehapl.pdf Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (49 CFR, Part 18) http://ww-w.access.zoo.gov/nara/cfr/waisidx 04/49cfrl 8 04.1itml Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFR Part 225) http://www.access.gpo.gov/nara/cfrtwaisidx 08/2cfr225 08.html Improper Payments Information Act (IPIA) of 2002 (Public Law 107-300) http://www.do1.2ov/ocfo/media/regs/IPIA.pdf Department of Transportation New Restrictions on Lobbying (49 CFR, Part 20) fittp://ecfr.gmaccess.govicei/t/text/text-idx?c=ecfr&tpl=lecfrbrowse/Title49/49cfr20 main 02.tpl Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) http://www.usdoj.goviert/cor/coord/titlevistat.htm Regulations of the United States Department of Transportation (49 CFR, Part 21) http://vvvvvv.access.g-no.gov/nara/cfr/waisidx 04/49cfr21_04.htrni Department of Transportation Government-wide Requirements for Drug-Free Workplace (Financial Assistance) (49 CFR, Part 32) http://ecfr.epoaccess ,goviczi/t/text/text-idx?c=ecfr&tp1=/ecfrbrowsefTitIe49/49cfr32 main 02.tol FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State and Local Governments (44 CFR Part 13) http://www.access. gpo.gov/nara/cfriwaisidx 06/44cfr13_06.hunl Tide IX, Education Amendments of 1972 (Title 20 U.S.C. Sections 1681-1688) http://www dol.gov/oasarn/regs/statutes/titleix.htrn NIMS Compliance (National Incident Management System) http://www.fema.goviemermcv/nims/ Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness http://www.femagov/pdf/emergcncy/nims/nims executive order 13347.f Federal Funding Accountability and Transparency Act (FFATA) of 2006 (Public Law 109-282) h ttp://www.zpo. g o v/fdsys/pkw`PL AW-I09pub1282/nd f/P LA W-109pub1282.pdf Title Viii at the civil_ Rights Act of 1968 http://www.usdoj.goWert/housingltifte8.htm Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 hrtn://www.dol.gov/oasamiregs/statutes/age act.h tin The Americans with Disabilities Act of 1990 http://www.ada_gov/pubs/ada.btrn Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://wwwlegislature.MLgov/(uq3lxge1tmri5z55z2uf wv45)/mileg.aspx?page=getobilect&objectname—mcl-Act-453-of- 1976&quervid=14718540 Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" http://www.legislature.mi.gov/(us3lxgelmirj5z55z2u1wv45)/mileg.asnx?page=getobject&obiectname —incl-Aet-220-of- 1976&queryid=14718589 Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29) http://ccfr.gpoaccess.aovicai/t/text/text-idx?c=--ecfr&tpl=lecfrbrowse/Tid e06/6cfr29 main 02.601 Department of Homeland Security — Protection of Sensitive Security Information (49 CFR Part 1520) http://www.access.gpo.gov/nara/cfr/waisidx 04/49cfr1520 04.1)=1 Standard Assurances Federal Office of Management and Budget (OMB) Circular No. A-21, 4-87, A-102, A-110, A-122 and A-133 http://w-ww.whitehou se. goviombicircu lars/index..htmI Executive Order 12372 - Intergovernmental review of Federal programs htto://www.fws.grw/polievilibrary/rgeo12372.odf US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.access.goo.c =ov/nara/cfriwaisidx 04128cfrv2 04.html Office of Justice Programs Hearing and Appeal Procedures (28 (.TR Part 18) http://www. ac cess. gpo. go v/nara/cfriwai si dx 01/28c fr18 .html Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) htto://www.access. gpo. gov/nara/cfr/w aisidx 04/28cfi-22 04.html Criminal Intelligence Systems Operating Policies (28 CFR Part 23) ltp://ww w. acces s. goo. govirtaralcfilwai sidx 01/28cfr23 01. html Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http://www.access.g-oo.govinarecfr/waisidx 01/28c Q.30 01.h tml Nondiscrimination of the basis of Disability in State and Local Government Services (28 C1FR Part 35) htto://www. access. gpozovinara/cfr/waisidx 01/28cfr35 01 .ht Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://www. usdo1 goviovw/docsiasgmemore mplem entat i on of28cfro art38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) http://www.access.goo.ttovinara/cfriwaisidx 01/28cfr42 01.html Procedu res for Implementing the National Environmental Polley Act (28 CFR Part 61) http://www. access. goo. gov/nara/cfr/waisi 1011 01.htrol Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) fittp://www.access.gpo.gov/nara/cfr/waisidx 01/28cfr63 01 .html Title — Grants and Agreements — Award Term (2CFR Part 175.15) htto://edocket.access.g-po.Rov/cfr 2008/janqtr/pdf/2cfr175.15.pdf National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.nos.gov/history/local-law/nhpal 966.htm Executive Order 11593 — Protection and enhancement of the cultural envirnnment http://www.gsa.gov/PortallgsakpicontentVicw.do?conteraType=GSA BASIC&coutentId=12094 Archeological and Historic Preservation Act (16 U.S.C. 469) http://www.nps.gov/history/loca1-1aw/FIPL Archl-fistPres.pdf The National Environmental Policy Act of 1969 (42 U.S.C. 4 171) http://www.nepagovinepaireg,s/nepa/nepaegia.htm Omnibus Crime Control and Safe Streets 'Act of 1968 http://www.usdoj.govicrilsp1it/42uscr3789d.htm Victims of Crime Act (42 USC Section 10604) http://www.usdoj.gov/crt/cor/bvagency/doi10604.htm Juvenile Justice and Delinquency Prevention Act http://oiidp.ncirs.org/about/iidpa2002titlev.pdf Federal Civil Rights Act of 1964 http://www.usdoi.gov/crt/cor/index.htm The Rehabilitation Act of 1973 http://wwwdol.gov/cornpliaiicellawa/comp-rthab.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12131-34) h ://frweb te4.access. o. °vie '-bin/wais ate.c V_=p,gp 1SdocID=-42030427315+0-0+0&WAISactiom---retri eve The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683,1685-86) http:Pwww.usdoj.gov/crticor/coord/titleixstat.hun Age Discrimination Act of 1975 (42 U.S.C. Sections 6101-6107) http://www.dol.gov/oasarn/regsistatutes/atte act.htrn Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations http://www.whitehouse.govinews/releases/2002/12/20021212-6.html Uniform Relocation Assistance and Real Property Acquisition Policies Act 01 1970 (42 U.S.C. Sec 4601) httpliecfr.gpoaccess.gov/cgi/t/text/text- idx?e--ecfr&sid----76eld9d5cb801106e9aeaaa07f70(136178crgn=div5&view=text&node=18:2.0.4.3.784idno=18 Federal Hatch Act - Political Activity of Certain State and Local Employees http://vvww.ose.gov/hatchact.htm Restrictions on Lobbying (28 CFR part 69) http://www.access.gpogpv/nara/cfr/waisidx fr69 04.htini Executive Order 12549 — Debarment and Suspension http://www.archives.gov/fecleral-register/codification/executive-order/12549.html Government-Wide Debarment and Suspension (28 CFR, Part 67) httpj/www.access.gno,govinara/cfr/waisidx 04/28cfr67 04.hunl Drug-Free Workplace Act of 1988 http://frwebgate.access. gpo.govicgi-bintaetdoc.cgi ?dbname=browse usc&docid—Cite:+41USC701 Single Audit Act of 1984 (with amendments in 1996) http://www.whitehouse.govfornb/financiaWfm single audit.html Katie West From: Sent: To: Cc: Subject VanPelt, Laurie <vanpeltl@oakgov.com > Wednesday, February 27, 2013 11:26 AM 'West, Catherine'; 'Davis, Patricia'; 'Jones, Karen'; 'Secontine, Julie' 'Stoddard, Sara'; 'Quisenberry, Theodore I-1'; 'Pisacreta, Antonio' RE: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) - Grant Agreement Approved. From: West, Catherine [mailto:westca0oakgov.com] Sent; Wednesday, February 27, 2013 9:09 AM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: Stoddard, Sara; Quisenberry, Theodore H.; Pisacreta, Antonio Subject: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) - Grant Agreement GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health & Human .Services, Homeland Security Division 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) Agreement Michigan 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: March 6, 2013 ef,T16 1167,11, 111ATITIATI1 A rirTelAT t1I%±iJ' P. JUN WAVIVILLA. A 11,/11 Date: February 27, 2013 Operating Department: Health & Human Services, Homeland Security Division Department Contact: Sara Stoddard Contact Phone: wig 858-5080 Document Identification Number: HM-HMP-0286-12-01-00 REVIEW STATUS: Agreement - Resolution required • Funding Period: 10/01/12 through 9/30/13 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None M/WBE Requirements: Yes Level: one Required by: Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Katie West From: Sent: To: Cc: Subject Jones, Karen <joneslawoakgov.com > Wednesday, February 27, 2013 9:27 AM West, Catherine'; 'Davis, Patricia; 'Secontine, Julie ; 'VanPelt, Laurie' 'Stoddard, Sara'; 'Quisenberry, Theodore H.% 'Pisacreta, Antonio' RE: GRANT REVIEW: Health & Human-Services, Homeland Security Division - 2012-2013 Hazardous Materials'Emergency Preparedness Planning Program (HMEP-PP) - Grant Agreement Approved. From: West, Catherine [mailto:westca@oakgov.corn] Sent: Wednesday, February 27, 2013 9:09 AM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: Stoddard, Sara; Quisenberry, Theodore H.; Pisacreta, Antonio Subject: GRANT REVIEW: Health &. Human Services, Homeland Security Division - 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) - Grant Agreement GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt— Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health & Human Services, Homeland Security Division 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) Agreement Michigan 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: March 6, 2013 GRANT INFORMATION Date: February 27, 2013 Operating Department: Health & Human Services, Homeland Security Division Department Contact: Sara Stoddard Contact Phone: 248 858-5080 Document Identification Number: HM-HM P-0286-12-01-00 REVIEW STATUS: Agreement - Resolution required Funding Period: 10/01/12 through 9/30/13 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None M/WBE Requirements: Yes Level: one Required by: Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Katie Wes From: Sent To: Cc: Subject: Secontine, Julie <secontinfjanAkgnv.erim> Wednesday, February 27, 2013 4:19 PM 'West, Catherine'; 'Davis, Patricia'; 'Jones, Karen'; 'VanPelt, Laurie' 'Stoddard, Sara', 'Quisenberry, Theodore H.'; 'Pisacreta, Antonio' RE: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (IMEP-PP) - Grant Agreement Approved by Risk Management. From West, Catherine [mailto:westcaoakgov.corn} Sent: Wednesday, February 27, 2013 9:09 AM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: Stoddard, Sara; Quisenberry, Theodore H.; Pisacreta, Antonio Subject: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) - Grant Agreement GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE Health & Human Services, Homeland Security Division 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) Agreement Michigan 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: March 6, 2013 GRANT INFORMATION Date: February 27, 2013 Operating Department: Health & Human Services,'Homeland Security Division Department Contact: Sara Stoddard Contact Phone: 248 858-5080 Document Identification Number: HM-HMP-0286-12-01-00 REVIEW STATUS: Agreement - Resolution required Funding Period: 10/01/12 through 9/30/13 New Facility! Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None M/WBE Requirements: Yes Level: one Required by: Compliance with OMB Circular A-102 Funding Continuation/New: Continuation 1 Katie West From: Sent To: Cc: Subject: Hall, Jody <halljsooakgov.com > Thursday, February 28, 2013 2:30 PM 'West, Catherine': 'Jones, Karen': 'Secontine, Julie r; 'VanPelt, Laurie' 'Stoddard, Sara': 'Quisenberry, Theodore H.`; 'Pisacreta, Antonio' RE: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) - Grant Agreement Jody S.Hall, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3 rd Floor Pontiac, Ml 48341 Phone Number: (248) 858-0555 Fax Number: (248) 858-1003 E-mail: halljsQoakdov.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. Good Afternoon: After reviewing the above-referenced Grant Agreement, I have found no issues that must be re,soluted before the Agreement is executed. Jody 0 From: West, Catherine rmailto:westcaPoakcjov.com -1 Sent: Wednesday, February 27, 2013 9:09 AM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: Stoddard, Sara; Quisenberry, Theodore H.; Pisacreta, Antonio Subject: GRANT REVIEW: Health & Human Services, Homeland Security Division - 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) - Grant Agreement GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health & Human Services, Homeland Security Division 2012-2013 Hazardous Materials Emergency Preparedness Planning Program (HMEP-PP) Agreement Michigan State Police Emergency Management and Homeland Security Division FISCAL NOTE (MISC . #13065) March 21, 2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2012-2013 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING PROGRAM (HMEP-PP) 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 $9,940 for the submittal of new and updated plans during the grant period October 1, 2012 through September 30, 2013. 3. This grant requires an in-kind grant match of $2,485 in General Fund expenditures bringing the total program costs to $12,425. 4. The Fiscal Year 2013 Homeland Security General Fund budget includes costs associated with this program, therefore, no budget amendment is recommended. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Scott absent. Resolution #13065 March 21, 2013 Moved by Hoffman supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (21) 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 reports being accepted). I HEREBY aV .'7k)VE .-X)LUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MOL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 21, 2013, 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 21 st day of March, 2013. Lisa Brown, Oakland County