Loading...
HomeMy WebLinkAboutResolutions - 2017.01.26 - 22753MISCELLANEOUS RESOLUTION. #17005 January 26, 2017 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2016 FEMA STATE HOMELAND SECURITY GRANT INTERLOCAL AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the State of Michigan for the 2016 Homeland Security Grant Program (HSGP); and WHEREAS the State of Michigan has awarded a 2016 Homeland Security Grant to Region 2 which includes, but is not limited to, the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the Michigan Homeland Protection Board created Regional Homeland Security Planning Boards throughout the State to identify and prioritize how the grant funds will be used; and WHEREAS the Regional Homeland Security Planning Board for Region 2, Urban Area Security Initiative (UASI) Board, is comprised of the representatives from the above-listed political subdivisions; and WHEREAS Macomb County was voted and approved to act as the Fiduciary Agent and Subgrantee for the Region 2 Homeland Security Planning Board for the fiscal year (FY) 2016 HSGP; and WHEREAS Macomb County has entered into a grant agreement with the State of Michigan as the subgrantee; and WHEREAS Oakland County Corporation Counsel has reviewed and approved the attached Interlocal Agreement between Macomb County and Oakland County to be used for the 2016 HSGP; and WHEREAS in the previous FY, Oakland County was awarded $48,699 from the State Homeland Security Grant Program (SHSGP) and $571,648 from the UASI for a total award of $620,347; and WHEREAS in the current FY, Oakland County is awarded $48,634 from the SHSGP and $562,972 from the UASI for a total award of $611,606 for a decrease of $8,741 from the previous FY; and WHEREAS in the previous FY, Oakland County was awarded $147,917 for regional projects; and WHEREAS in the current FY, the UASI Board has awarded $141,531 for regional projects from the 2016 Grant Agreement UASI for an decrease of $6,386 from the previous FY; and WHEREAS the regional funding will continue two (2) Homeland Security — Regional SAP positions (#1060601- 10296 and #1060601-10520) and one (1) Special Revenue Intelligence Analyst position in the Sheriff's Office, Emergency Response and Preparedness Division Admin Unit (#4030501-11083); and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Grant Agreement along with funding totaling $753,137 and authorizes its Chairperson to execute the Agreement and all other related documents between Macomb County and Oakland County. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the I nterlocal Agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Commissioner Christine Long, Disridt #7 Chairperson, General GovernmenWaimmittee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long, Gershenson, and Quarles absent. GRANT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: 2016 Homeland Security Grant Program FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division (Macomb County fiduciary) DEPARTMENT CONTACT PERSON: Sara Stoddard 248 858-5080 STATUS: Grant Acceptance DATE: December 13, 2016 Pursuant to Misc. Resolution 413180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. —Laurie Van Pelt (12/12/2016) Department of Human Resources: HR Approved (No Committee) Continues Positions —Lori Taylor (12/13/2016) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (12/13/2016) Corporation Counsel: Approved by Corporation counsel. — Stephen Rideout (12/13/2016) 2016 HOMELAND SECURITY GRANT PROGRAM INTERLOCAL FUNDING AGREEMENT BETWEEN MACOMB COUNTY AND OAKLAND COUNTY This Interlocal Funding Agreement ("the Agreement") is made between Macomb County, Michigan Municipal Corporation, 1 S. Main, Mt. Clemens, MI 48043 ("Fiduciary"), and Oakland County, 1200 North Telegraph, Pontiac, MI 48341 ("Political Subdivision"). In this Agreement the Fiduciary and the Political Subdivision may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the Fiduciary and the Political Subdivision enter into this Agreement for the purpose of passing through 2016 Homeland Security Grant Program (Grant Program) funds to the Political Subdivision; delineating the relationship and responsibilities among the Fiduciary, the Political Subdivision, and the Region 2 Planning Board regarding the Grant Program; and addressing use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or overtime with Grant Program funds. Macomb County, Michigan was elected and appointed Fiduciary for the 2016 Homeland Security Grant Program by Region 2 Planning Board at its June 22, 2016 meeting. Macomb County accepted the position of Fiduciary and as a result entered into the 2016 Homeland Security Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiduciary or Political Subdivision, as defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise. Page 1 2016 Homeland Security Grant Program Funding Agreement — 11282016 1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Fiduciary means Macomb County, a Michigan Municipal Corporation including, but not limited to, its Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, and/or any such persons successors. 1.5. Political Subdivision means a Michigan Municipal Corporation including, but not limited to, it's Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, and/or any such person's successors. 1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.7. Region 2 Homeland Security Planning Board ("Region 2 Planning Board") means the Regional Homeland Security Planning Board for Region 2, as created by the Michigan Homeland Protection Board, and is comprised of the City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. The Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region. 1.8. 2016 Homeland Security Grant Program ("Grant Program" 1 means the grant program described and explained in Exhibit B which began September 1, 2016 and ends May 31, 2019. The Grant Program is a primary funding mechanism, administered by the United States Department of Homeland Security (DHS) and plays an important role in the implementation of the National Preparedness System (N IPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient nation. 2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 2.1. Exhibit A — Region 2 Homeland Security Planning Board meeting minutes from June 22, 2016; re: 2016 Homeland Security Grant Program Fiduciary; 2.2. Exhibit B — 2016 Homeland Security Grant Program Agreement between the Fiduciary and the State; 3. FIDUCIARY RESPONSIBILITIES. 3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement between the Fiduciary and the State of Michigan, attached as Exhibit B. 3.2. The Fiduciary shall comply with all requirements set forth in the 2016 Homeland Security Grant Program Guidance. Page 2 2016 Homeland Security Grant Program Funding Agreement — 11282016 3.3. The Fiduciary shall submit all required project forms to the State for review and approval which the Political Subdivision has submitted to the Fiduciary and been approved by the Region 2 Homeland Security Planning Board. 3.4. The Fiduciary shall reimburse the Political Subdivision, for the equipment, services and/or personnel costs as set forth in the forms as supplied and required by the State and the applicable reimbursement forms reviewed and approved by the State. The funds shall only be released by the Fiduciary after the applicable reimbursement forms, required by the State and the Fiduciary, are properly executed by the Parties. The Fiduciary's Emergency Management representative/designee shall execute the forms on behalf of the Fiduciary and the Manager of Oakland County Homeland Security/Emergency Division shall execute the forms on behalf of the Political Subdivision. The Fiduciary in its sole discretion shall determine if the reimbursement forms are properly executed. 3.5. The Fiduciary shall create and maintain, an inventory of all equipment purchased with Grant Program funds in accordance with 2 CFR, Part 200.313 located at http://www.ecfr.gov . 3.6. The Fiduciary shall notify the Political Subdivision at the end of the Fiduciary's fiscal year of the dollar amount of Grant Program funds released to the Political Subdivision for that fiscal year. This amount shall include the dollar amount of equipment purchased with Grant Program funds by the Political Subdivision. 3.7. The Fiduciary shall file this Agreement pursuant to law and provide executed copies of this Agreement to the Region 2 Planning Board Secretary and the Political Subdivision. 4. POLITICAL SUBDIVISION RESPONSIBILITIES. 4.1. The Political Subdivision is entitled to reimbursement of allowable expenses for the Grant Program in an amount not to exceed $48,634.00 in the SHSP funding source; and $562,972.00 in the UASI funding source. This amount does not include Grant Program funds allocated to the Region 2 Designated Funding Allocation. 4.2. The Political Subdivision shall prepare all required forms for the use of Grant Program funds and shall submit such forms to the Region 2 Planning Board for review and approval via the process designated by the Region 2 Planning Board. Upon approval from the Region 2 Planning Board, the Fiduciary will forward the required forms to the State for review and approval. 4.3. All funds allocated to the Political Subdivision in Section 4.1 require proof of encumbrance or requests for reimbursement received by the Fiduciary no later than 5:00 p.m. on November 30, 2018. Grant funds which are not encumbered or which do not have reimbursement requests received by the Fiduciary by this date will be reallocated to the Region 2 Designated Funding Allocation. 4.4. The Political Subdivision shall use the equipment purchased with Grant Program funds, and all Grant Program funds in accordance with the 2016 Homeland Security Grant Program Guidance. Page 3 2016 Homeland Security Grant Program Funding Agreement — 11282016 4.5. The Political Subdivision shall keep the Fiduciary informed of the location of the equipment purchased with Grant Program funds regardless of who purchased the equipment. If the equipment by its nature is mobile, the Political Subdivision must provide a general location or "home-base" where the equipment can be found. If the location of the equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fiduciary upon receipt of the equipment by the Political Subdivision and continue until three (3) years after the close of this Grant Program. 4.6. The Political Subdivision shall list the dollar amount provided by the Fiduciary pursuant to Section 3.6 on the Political Subdivision's Schedule of Expenditures of Federal Awards. 4.7. Except for equipment that is disposable or expendable, the Political Subdivision shall inform the Fiduciary if it plans to dispose of the equipment and work with the Fiduciary regarding any issues associated with disposal of the equipment. 4.8. The Political Subdivision shall make the equipment available to the Fiduciary, the State and Federal Auditors upon request. 4.9. The Political Subdivision shall comply with National Incident Management System (NIMS) requirements to be eligible to receive federal preparedness funds. 4.10. The Political Subdivision shall comply with applicable financial and administrative requirements set forth in the current edition of 2 CFR, Part 200, including, but not limited to the following provisions: a. Account for receipts and expenditures; maintain adequate financial records and refund expenditures disallowed by federal or state audit. b. 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. c. Non-federal organizations which expend $750,000 or more in federal funds during their current fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and 2 CFR, Part 200. 4.11. The Political Subdivision shall integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347 and the Rehabilitation Act of 1973 4.12. Environmental and Historic Preservation Compliance: The federal government is required to consider the potential impacts to the human and natural environment of projects proposed for federal funding. The Environmental and Historic Preservation (EHP) program engages in a review process to ensure that federally-funded activities comply with various federal laws. The goal of these compliance requirements is to protect our nation's water, air, coastal, wildlife, agricultural and low-income and minority populations. The Political Subdivision shall not undertake any project having the potential to impact EHP resources without prior approval. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal funding. Page 4 2016 Homeland Security Grant Program Funding Agreement — 11282016 4.13 The Political Subdivision shall comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq) for grant funded construction projects. The Political Subdivision must ensure that contractors or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor wage determinations is located at: http://www.dol.gov/compliance/laws/comp-dbra.htm. 4.14 Upon request, the Political Subdivision will supply to the Subgrantor any information required to meet federally- mandated reporting requirements, including, but not limited to, requirements related to the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public Law 109-282), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (Public Law 110-252) and DHS program specifi c reporting requirements. 4.15 The Political Subdivision must acknowledge and agree to comply with applicable provisions governing U.S. Department of Homeland Security (DHS) access to records, accounts, documents, information, facilities, and staff. The Political Subdivision also agrees to require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with these same provisions. Detailed information on record access provisions can be found in the DHS Standard Administrative Terms and Conditions located at https://www.dhs.gov/publication/fy15 -dhs-standard- term s-and-conditions, specifically in the DHS Specific Acknowledgements and Assurances on pages 7 and 8. 5. REGION 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and acknowledge that the Region 2 Planning Board shall have the following responsibilities: 5.1. Undertake studies and make recommendations on matters of emergency management and homeland security to Political Subdivisions in the Region; 5.2. Prepare and present to the State Homeland Security Advisory Council findings of activities and initiatives undertaken in the Region; 5.3. Hold public meetings, subject to the Michigan Open Meetings Act; 5.4. Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by Federal and State homeland security program requirements; 5.5. Establish sub-committees to carry out its work; 5.6. Advocate for, monitor, and actively engage in the implementation of the Regional Homeland Security Strategy; and 5.7. Review and approve all required forms for the expenditure of Grant Program funds that are submitted. Page 5 2016 Homeland Security Grant Program Funding Agreement — 11282016 5.8. Ensure that all grant projects are aligned to the appropriate FY 2016 HSGP Investment and Homeland Security Strategy. Projects to be funded by SHSP must align to one of Michigan's FY 2016 SHSP Investments and the State of Michigan Homeland Security Strategy. Projects to be funded by UASI must align to a FY 2016 EAST Investment and the IJASI Homeland Security Strategy. Project documentation will include an explanation of how each project benefits Region 2. 5.9. Ensure the Subgrantee, in its role as regional fiduciary, is fully apprised of all projects approved by the Region 2 Homeland Security Planning Board. 5.10. Develop and implement a stand-alone Southeast Michigan Urban Area Security Initiative (SEMI UAS I) Multi-Year Training and Exercise Plan or provide evidence of the SEMI LTASI's adoption and utilization of the state's Multi-Year Training and Exercise Plan. 6. DURATION OF INTERLOCAL AGREEMENT. 6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party and shall end three (3) years from the date the Grant Program is closed. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 7. LIABILITY/ASSURANCES. 7.1. Each Party shall be responsible for any Claim made against that Party by a third party, and for the acts of its employees or agents arising under or related to this Agreement. 7.2. In any Claim that may arise under or relate to this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation, including attorney fees. 7.3. Neither Party shall have any right under any legal principle to be indemnified by the other Party or any of its employees or agents in connection with any Claim. 7.4. Notwithstanding any other provision of this Agreement, the Political Subdivision shall be solely responsible for all costs, fines, and fees associated with the use and misuse of Grant Program funds that it receives or the use or misuse of the equipment, including but not limited to, costs for replacing the equipment or costs, fines, or fees associated with an ineligible use determination by auditors. 7.5. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 7.6. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit B, and the 2016 Homeland Security Grant Program Guidance. Page 6 2016 Homeland Security Grant Program Funding Agreement — 11282016 8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of termination and/or cancellation shall be clearly stated in the notice. If this Agreement is tet titillated and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of termination and/or cancellation, shall remain valid and govern the Parties' duties and obligations regarding equipment transferred to the Political Subdivision and the Parties shall execute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination and/or cancellation. 9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement. 12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, Page 7 2016 Homeland Security Grant Program Funding Agreement — 11282016 any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 17.1. If Notice is sent to the Fiduciary, it shall be addressed and sent to: Macomb County Office of Emergency Management and Communications, 117 S. Groesbeck., Mt. Clemens, MI 48043. 17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, MI 48341 and Oakland County Homeland Security Manager, 1200 North Telegraph Road, Building 47 West, Pontiac, MI 48341. 17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and executed by both Parties. 20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, EXECUTED: DATE: Mark Deldin, Deputy County Executive Macomb County Executive Office WITNESSED: Political Subdivision: Oakland County, Michigan EXECUTED: DATE: DATE: Michael J. Gingell, Chairman Oakland County Board of Commissioners WITNESSED: DATE: Page 8 2016 Homeland Security Grant Program Funding Agreement — 11282016 Mark A. Hackei County Exacutive m.AoomB COUNTY imatt4wit ifiwtie curt I =L. cmmunications 841eQhnotogy Center EMERGENCY MANAGEMENT & COMMUNICATIONS 117 South Groesbeck Highway Mount Clemens, Michigan 48043 Phone: 586.469.5270, Fax: 586.469.6439 www.oemc.macombgov,org Victoria Wolber, PEM Director David McIntyre Emergency Program Manager December 2, 2016 Theodore Quisenberry, Manager Oakland County Homeland Security Division 1200 N Telegraph Rd. Bldg. 47W Pontiac MI 48341 Dear Mr. Quisenberry, The Urban Area Security Initiative (UASI) Board has allocated $15,000 of 2016 UASI regional funding to Oakland County for Training and Over-time related to the Detroit Southeast Michigan Intelligence and Information Center (DSEMIIC) analyst position throughout the 2016 grant perod. These projects are reimbursed from the regional allocation through Macomb County as the fiduciary. Michael Curtis Homeland Security Grant Manager MACOMB COUN'T y Awns .aa-gatcamizasimar magt gmY 1117 tc & Victoria Wolber, PEM Director ComMunications & Technology Center David McIntyre Emergency Program Manager Sincerely, ichael Curtis Homeland Security Grant Manager Mark A. HaOcel Cdonty EmbOuiiVa EMERGENCY MANAGEMENT & COMMUNICATIONS 117 South Groesbeck Highway Mount Clemens, Michigan 48043 Phone: 586.469,5270; Fax: 586.469.6439 vvww.oemc.macombgov.arg December 2, 2016 Theodore Quisenberry, Manager Oakland County Homeland Security Division 1200 N Telegraph Rd. Bldg. 47W Pontiac MI 48341 Dear Mr. Quisenberry, The Urban Area Security Initiative (UASI) Board has approved two 2016 UAS1regional projects that award funding to each of the seven jurisdictions. Oakland County was awarded $44,057.00 for the Solution Area Planner (SAP) project and $82,464,00 to fund one intelligence analyst position at the Detroit Southeast Michigan Inteiligence and Information Center (DSEMIIC). These projects are reimbursed from the regional allocation through Macomb County as the fiduciary. State of Michigan Fiscal Year 2016 Homeland Security Grant Program Grant Agreement September 1, 2016 through May 31, 2019 CFDA Number; 97,067 Grant Number: EIVIW-2016-55-00010-501 This Fiscal Year (FY) 2016 Homeland Security Grant Program (HSGP) grant agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Recipient), and the COUNTY OF MACOMB (hereinafter called the Subreciplent) Purpose The FY 2016 HSGP supports state and local efforts to prevent terrorism and other catastrophic events and prepares the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The FY 2016 HSGP provides funding to implement investments that develop and sustain the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. The purpose of this grant agreement is to provide federal pass-through funds to the Region 2 Homeland Security Planning Board (hereinafter called the regional board) through the Subracipient, which has been voted and approved to act as the Fiduciary Agent on behalf of and as a part of the regional board for the FY 2016 HSGP, The HSGP is comprised of three related grant programs, of which two are covered by this grant agreement: The State Homeland Security Program (SHSP): The SHSP assists state, tribal, and local preparedness activities that address high-priority preparedness gaps across all core capabilities where a nexus to terrorism exists. All supported investments are based on capability targets and gaps identified during the Threat and Hazard Identification and Risk Assessment (THIRA) process, and assessed in the State Preparedness Report (SPR). Activities implemented under the SHSP must support national terrorism preparedness by building or enhancing capabilities related to preventing, preparing for, pretecting against, or responding to acts of terrorism to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Subrecipients must demonstrate this dual-use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. Urban Areas Security Initiative (UASl) The UASI program is intended to provide financial assistance to address the unique multi-discipline planning, organization, equipment, training, and exercise needs of high-threat, nigh- density urban areas, and to assist these areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the whole community approach. Activities implemented with UASI funds must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, preparedness for, protection from, or response to acts of terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Subrecipients must demonstrate the dual-use quality for any activities implemented that are not explicitly focused on terrorism preparedness. Urban Areas must use UASI funds to employ regional approaches to overall preparedness and are encouraged to adopt regional response structures whenever appropriate. UASI program implementation and governance must include regional partners and should have balanced representation among entities with operational responsibilities for prevention, protection, mitigation, response, and recovery activities within the region. Identified Urban Areas FY 2016 HSGP County of Macomb (Region 2 Fiduciary) Page 2 of 10 must take an inclusive regional approach to the development and implementation of the UASI program and involve the contiguous jurisdictions, mutual aid partners, port authorities, rail and transit authorities, state agencies, statewide Interoperability Coordinators, Citizen Corps Council(s), and campus law enforcement in their program activities. Allowable activities must comply with the FY 2016 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.fema.gov/grants, align with Michigan's FY 2016 SHSP/UASI investments, support achievement of capability targets and gaps identified through the THIRA process and assessed in the SPR, and must align to projects specifically approved by the Recipient. Subrecipients must take a regional approach when determining the best use of FY 2016 HSGP funds. Subrecipients must consider the needs of local units of government, tribal governments, whole community and individuals, children and individuals with disabilities or access and functional needs, nonprofit communities, and applicable volunteer organizations in developing their HSGP projects and activities. For guidance on allowable costs and program activities, please refer to the FY 2016 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.fema.gov/grants. II. Statutory Authority Funding for the FY 2016 HSGP is authorized by Section 2002 of the Homeland Security Act of 2002, as amended (Public Law 107-296), (6 U.S.C, § 603). Appropriation authority is provided by the Department of Homeland Security Appropriations Act, 2016, (Public Law 114-113). The Subrecipient agrees to comply with all FY 2016 HSGP program requirements in accordance with.the FY 2016 Homeland Security Grant Program Notice of Funding Opportunity located at http://www ,femagovigrants, the U.S. Department of Homeland Security (DHS) Standard Administrative Terms and Conditions located at https://www. dhs.gov/publ icatio n/fyl 5-d hs-standard-terms-and-conditions, the FY 2016 HSGP Agreement Articles Applicable to Subreciplents, and the FY 2016 HSGP Michigan Supplemental Guidance provided electronically by the Michigan State Police, Emergency Management and Homeland Security Division (MSP/FMHSD), The FY 2016 HSGP Agreement Articles Applicable to Subrecipients document is included for reference in the grant agreement packet. The Subrecipient shall also comply with the most recent version of: A. 2 CFR, Part 200 of the Code of Federal Regulations (CFR), Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at http://www.ecfr. gov , B. 44 CFR, Part 10, Environmental Considerations Award Amount and Restrictions A. The County of Macomb, acting as the Fiduciary Agent on behalf of and as a part of the Region 2 Board, is awarded $41719,272.00 under the FY 2016 HSGP. This total consists of 375,272.00 from the SHSP program and $4,344,000.00 from the UASI program. The grant agreement shall be administered based on the Subreciplents policies and procedures, provided that they conform to state and federal rules, Laws, and/or regulations, B. The FY 2016 HSGP covers eligible costs from September 1, 2016 to May 31, 2019, C. HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional public health and safety duties or to supplant traditional public health and safety positions and responsibilities. FY 2016 HSGP County of Macomb (Region 2 Fiduciary) Page 3 of 10 D. At least $1,179,818.00 of award funds must be dedicated towards Law Enforcement Terrorism Prevention Activities (LETPA). Activities eligible for use of LETPA focused funds are outlined in the National Prevention Framework (and where capabilities are shared with the protection mission area, the National Protection Framework) located at http://www.fema.gov/national-planning-frameworks . The Subrecipient must ensure that the minimum requirement is met for the FY 2016 HSGP. E. A maximum of $187,636.00 of SHSP award funds and $2,172,000.00 of UASI award funds may be used for personnel and persorineFrelated activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). In general, the use of SHSP or UASE funding to pay for staff and/or contractor regular time or overtime/baekfill is considered a personnel cost. A definition of personnel costs is provided in Appendix C of the FY 2016 Homeland Security Grant Program Notice of Funding Opportunity. F. Exactly $18,763.00 of SHSP award funds and $217,200.00 of UASI award funds are allocated to the Subrecipient to be used for the management and administration (M&A) of the FY 2016 HSGP. M&A allowable costs are defined in the FY 2016 Homeland Security Grant Program Notice of Funding Opportunity located at http://www ,ferna.gov/grants . Alignment and allcwability for the use of M&A award funds by the Subrecipient is not subject to review and approval of the Region 2 Homeland Security Planning Board, At the discretion of the Subrecipient, any unused portion of the M&A award funds may be reallocated to the Region 2 HSGP Designated Funding Allocation. G. Exactly $89,127.00 of SF-ISP award funds and $1,031,700.00 of UASI award funds are allocated to Region 2 for use as the Region 2 HSGP Designated Funding Allocation, These funds will be used to support regional projects as determined by the Region 2 Homeland Security Planning Board, H. The following grant award funds are allocated by the Recipient, acting as the State Administrative Agency (SAA). The identified local governmental units are entitled to the reimbursement of allowable expenses from the Subrecipient in an amount not to exceed the amount listed herein: Count of Macomb SHSP funding source $39,900.00 UASi funding source: $461,870.00 County of Monroe SHSP funding source: $22,090.00 UASI funding source: $255,699.00 County of Oakland SHSP funding source: $48,634,00 UASI funding source: $662,972.00 County of St. Clair SHSP funding source: $26,424,00 UASI funding source: $302,397.00 County of Washtenaw SHSP funding source: $26,104.00 UASI funding source: $302,163.00 County of Wayne SHSP funding source: $53,677.00 UASI funding source, $621,344.00 City of Detroit SHSP funding source: $50,853.00 UASI funding source: $588,656.001. Reimbursement of allowable expenses to the local governmental unit by the Subrecipient will be contingent on satisfactory completion of all responsibilities identified within this grant agreement by the local governmental unit, as determined by the Subre-cipient and/or the Recipient. J. No portion of the funds specifically allocated to local governmental units may be used for M&A expenses. K. All funds allocated to specific local governmental units require proof of encumbrance or reimbursement requests received by the fiduciary no later than 6:00 p.m. on November 30, 2018. This date is six months prior to the end of the grant agreement period. Funds which are not encumbered or which do not have reimbursement requests received by the fiduciary by this date will be reallocated to the Region 2 HSGP Designated Funding Allocation. FY 2016 HSGP County of Macomb (Region 2 Fiduciary) Page 4 of 10 L. The Subrecipient may only fund projects which directly support one of the FY 2016 HSGP grant investments. To assist Subrecipients, the Recipient has developed the FY 2016 HSGP Michigan Supplemental Guidance to provide additional information on SHSP projects consistent with the National Preparedness Goal, state and regional homeland security strategies, and Michigan's FY 2016 SHSP investment justification. M. Except as otherwise specifically set forth in this grant agreement, the Recipient (not the Subrecipient) shall make the final determination on how funds awarded under this grant agreement are allocated and/or spent, from projects reviewed and approved by the regional board and submitted to the Recipient by the Subrecipient. N. For any activities involving construction, demolition, or installations of equipment, an Environmental and Historic Preservation (EHP) Review must be completed prior to any work being done Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal funding. O. A portion of FY 2016 SHSP funds should be allocated toward sustainment of the Regional Response Team Network (RRTN) and search and rescue capabilities, where applicable. The Subrecipient should ensure that support is provided through appropriate planning, equipment, training, and exercise activities. P. In the event that OHS determines that changes are necessary to the award document after an award has been made, including but not limited to, changes to period of performance or terms and conditions, Subrecipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipiont acceptance of the changes to the award. IV. Responsibilities of the Subrecipient A. Grant funds must supplement, not supplant, state or local funds. Federal funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in subsequent monitoring reviews and audits. Subrecipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds, B. Refer to the FY 2016 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.fema.gov/grants for a detailed list of allowable costs under this grant. Allowable costs are specifically addressed in Appendix C. C. In addition to this grant agreement, the Subrecipient shall complete, sign, and submit to the Recipient the following documents, which are incorporated by reference into this grant agreement: 1 Standard Assurances 2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements 3. Audit Certification (EMD-053) 4. Request for Taxpayer Identification Number and Certification (W-9) 5. Other documents that may be required by federal or state officials 0, The Subrecipieht agrees to act as the Fiduciary Agent on behalf of and as a part of the regional board for the FY 2016 HSGP. The Subrecipient agrees to comply with all applicable federal and state regulations, including, but not limited to, the following: Make all purchases in accordance with federal, state and local purchasing policies, 2. The Subrecipleht is required to submit reports to the Recipient on the status of all projects and funding. 'Reporting must follow the format and schedule specified by the Recipient. Current reporting forms and instructions are located at http://www.rnichigan.gov/emhsd. FY 2016 HSGP County of Macomb (Region 2 Fiduciary) Page 5 of 10 3. Submit regional board-approved projects to the Recipient in the format specified by the Recipient prior to starting a project. Individual solution area costs must also be submitted to the Recipient for alignment and allowability evaluation prior to starting a project. All grant expenditures must meet OHS and Recipient grant guidelines, must directly support one of the FY 20'16 HSGP Investments, and must support at least one core capability from the National Preparedness Goal. Projects must be coordinated regionally and align to appropriate state arid regional homeland security strategic plans. Any project that proposes a change in scope of work during the grant performance period must be resubmitted to the Recipient for evaluation. Any funds spent on a project prior to receiving Recipient approval may be ineligible for reimbursement, Current forms and instructions are located at http://www.michigan ,gov/emhsd. 4. The Subreciplent will select an individual who will act as a programmatic single point of contact between the Region 2 Homeland Security Planning 6oarci and the Recipient. 5. The Subrecipient will select an individual to act as a fiduciary single point of contact between the Subrecipient and the Recipient. The separate roles of programmatic single point of contact and fiduciary single point of contact may be filled by the same individual at the discretion of the Subrecipient. 6, Create and maintain an inventory of all equipment purchases in accordance with 2 CFR, Part 200.313 located at http://www.ecfrgov. Within 30 days of the end of the Subrecipient's fiscal year, the Subrecipient must supply a copy of this inventory to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, PO Box 30634, Lansing, Michigan 48909. An Equipment Tracking Form is available to assist the Subrecipient in meeting these requirements. The form can be found online at http://www.michigan.gov/emhsd. 7. If the Subreciplent purchases equipment for a local governmental unit with FY 2016 HSGP funds, the Subrecipient shall make the equipment available for pick-up by other local governmental units per equipment assignments by the regional board. This process needs to include legal transfer of the equipment to the designated local governmental units. At minimum, the Subrecipient should prepare documents, which, when signed, will indicate other designated local governmental units accept full legal and financial responsibility for the pieces of equipment. 8, The Subrecipient agrees to prepare and submit reimbursement requests to the Recipient in a timely manner. Reimbursement requests must include all required supporting documentation, including proof of payment. All reimbursement requests must be submitted to the Recipient no later than 30 days after the end of the performance period identified in this grant agreement. Any remaining balance of funds by that date will be reallocated, 9, Comply with applicable financial and administrative requirements set forth in the current edition of 2 CFR, Part 200, including, but not limited to, the following provisions: a. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. b. 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. c. Non-federal organizations which expend $750,000 or more in federal funds during their current fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as 'amended, and 2 CFR, Part 200. 10. Comply with National Incident Management System (NIMS) requirements to be eligible to receive federal preparedness funds. NIMS information is available at http://www fema.gov/nationakincident- management-system . More information on complying with NIMS is available from the State NIMS Coordinator. FY 2016 HSGP County of Macomb (Region 2 Fiduciary) Page 6 of 10 11. Integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347 and the Rehabilitation Act of 1973. 12. Environmental and Historic Preservation Compliance. The federal government is required to consider the effects on the environment and/or historic properties of any federally funded activities and programs, including grant funded projects, The EHP Program engages in a review process to ensure that federally funded activities comply with federal EHP regulations, laws and executive orders as applicable. The goal of these compliance requirements is to protect the nation's environmental, historic, and cultural resources. The Subrecipient shall not undertake any project having the potential to impact EHP resources without prior approval. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal funding, 13. Comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq,) for grant funded construction projects. The Subrecipient must ensure that contractors or subcontractors for construction projects pay workers . employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor wage determinations, is located at http://www.dol.gov/whd/govcontracts/ribra.htm, 14. Complete federally-mandated reporting requirements, including, but not limited to, requirements related to the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public Law 109.- 282), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (Public Law 110-252) and DI-IS program specific reporting requirements. 15. Upon request, Subreciplent will supply information to the Recipient as required to address federal reporting requirements for fusion centers. Reference pages 37-38 of the FY 2016 Homeland Security Grant Program Notice of Funding Opportunity for additional details. 16. The Subrecipient must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. The Subrecipient also agrees to require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with these same provisions. Detailed information on record access provisions can be found in the OHS Standard Administrative Terms and Conditions located at https://www.dhs.gov/pubiication/fy15-dhs-standard-terms-and-conditions, specifically in the DHS Specific Acknowledgements and Assurances on page 1. V. Responsibilities of Regional Board The Region 2 Homeland Security Planning Board, in accordance with the general purposes and objectives of this grant agreement, will: A. Review and approve all projects to be funded under the FY 2016 HSGP grant before they are submitted by the Subrecipient to the Recipient for approval, B. Ensure that all grant projects are aligned to the appropriate FY 2016 HSGP investment and the appropriate core capability from the National Preparedness Goal. Projects to be funded by SHSP must align to one of Michigan's FY 2016 SHSP investments and support a core capability. Projects to be funded by UASI must align to a FY 2016 UASI investment and support a core capability. Project documentation will include an explanation of how each project benefits Region 2. C. Ensure the Subrecipient, in its role as regional fiduciary, is fully apprised of all projects approved by the Region 2 Homeland Security Planning Board. FY 2016 HSGP County of Macomb (Region 2 Fiduciary) Page 7 of 10 D. Develop and implement a stand-alone Southeast Michigan Urban Area Security Initiative (SEMI UASI) Multi-Year Training and Exercise Plan or provide evidence of the SEMI UASI's adoption and utilization of The state's Multi-Year Training and Exercise Plan. Vt. Responsibilities of the Recipient The Recipient, 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 Subrecipient C. Provide to the Subreciplent any special report forms and reporting formats (templates) required for administration of the program. D. Reimburse the Subrecipient, in accordance with this grant agreement, based on appropriate documentation submitted by the Subrecipient E. At its discretion, independently, or in conjunction with the federal awarding agency, conduct random on- site reviews of the Subrecipient(s). VII. Reporting Procedures The Subrecipient is required to submit reports to the Recipient on the status of all projects and funding. Reporting must follow the format and schedule specified by the Recipient Current reporting forms and instructions are located at http://www.michigan.gov/emhsd. Reporting on funding status is mandated by the federal government. Failure by the Subrecipient to fulfill reporting requirements, in compliance with federal grant rules, shall result in the suspension of grant activities until reports are received and may jeopardize future federal funding, M. Payment Procedures The Subrecipiert agrees to prepare and submit the Reimbursement Cover Sheet (EMD-054) with all required supporting documentation attached, including proof of payment The Subrecipient will submit one Reimbursement Cover Sheet and related forms for each grant project, solution area, allocation type, and individual exercise. Reimbursement Cover Sheets must be filled out completely. Instructions are provided with each of the reimbursement forms. The Reimbursement Cover Sheet and other reimbursement forms can be found on the MSP/EMHSD website located at htto://www.michigan.gov/emhsd . The Subrecipient will not be reimbursed for funds until all required signed documents and reimbursement documentation are received. All reimbursement requests must be submitted to the Recipient no later than 30 days after the end of the performance period identified in this grant agreement. Any remaining balance of funds by that date will be reallocated. Drawdown of Funds in Advance. Up to 90 days prior to expenditure, the Subreciplent may request funds for purchases of $10,000 or more. All of the following requirements must be met when obtaining advanced funds: A. The Subrecipient must submit advance requests with a copy of approved purchase orders and a copy of approved Alignment and Allowability Forms, B. The Subrecipient must place advanced funds in an interest-bearing account. C. The Subrecipient may keep interest up to $500 per year (2 CFR, Fart 200.305) for administrative expenses for all federal grants combined. D. The Subrecipient must notify the Redolent quarterly, in writing, of any interest earned over $500. FY 20'16 HSGP County of Macomb (Region 2 Fiduciary) Page 8 of 10 F. The Subreciptent must promptly, but at least quarterly, remit any interest earned over $500 to: Michigan State Police, Emergency Management and Homeland Security Division, Grants and Financial Management Section, PO Box 30634, Lansing, MI 48909. F. The Subrecipient must liquidate each advance by the date specified by the Recipient (usually within 90 days). G. The Subrecipient must ensure all invoices and proof of payment documents are dated after the date the advance was Issued by the Recipient. IX. Employment Matters The Subrecipient shall comply with Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968; Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act); the Age Discrimination Act of 1975; Titles I, II and Ill of the Americans with Disabilities Act of 1990; the Elliott-Larsen Civil Rights Act, 1976 PA 463, as amended, IVICL 37,2101 et seq.; the Persons with Disabilities Civil Rights Act, 1975 PA 220, as amended, MCL 37,1101 et seq,, and all other federal, state and local fair employment practices and equal opportunity laws and covenants. The Subrecipient 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 Subrecipient 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 Subrecipient shall ensure that no subcontractor, manufacturer, or supplier of the Subreciplent for projects related to this grant agreement appears on the Federal Excluded Parties List System located at https://www.sam.gov. X. Limitation of Liability The Recipient and the Subreciplent to this grant agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation, This is not to be construed as a waiver of governmental immunity for either party. XI. Third Parties This grant agreement is not intended to make any person or entity, not a party to this grant agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. Xli. Grant Agreement Period This grant agreement is in full force and effect from September 1, 2016 to May 31, 2019. 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 package consists of two identical grant agreements, 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 andithe effective date, or upon the failure of either party to carry cut the terms of the grant agreement. Upon any such termination, the Subrecipient agrees to return to the Recipient any funds not authorized for use, and the Recipient shall have no further obligation to reimburse the Subrecipient. Upon termination of grant agreement, the Subrecipient shall submit documentation, in a format specified by the Recipient, to formally end its status as Fiduciary Agent, FY 2016 HSGP County of Macomb (Region 2 Fiduciary) Page 9 of 10 X111. 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 the Recipient and the Subrecipient, 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/her/its rights, interest, or obligations hereunder without the prior consent of the other party. The Subrecipient agrees to inform the Recipient 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 the Recipient. If any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant agreement shall remain valid. The Recipient may suspend or terminate grant funding to the Subrecipient, in whole or in part, or other measures may be imposed for any of the following reasons: A. Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances, B. Failure to comply with the requirements or statutory objectives of federal or state law. C. Failure to follow grant agreement requirements or special conditions. D. Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding, E. Failure to submit required reports. F. Filing of a false certification in the application or other report or document. G. Failure to adequately manage, monitor or direct the grant funded activities of its subreciplents. Before taking action, the Recipient will provide the Subreolpient reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIV. Business Integrity Clause The Recipient may immediately cancel the grant without further liability to the Recipient or its employees if the Subrecipient, an officer of the Subrecipient, or an owner of a 25% or greater share of the Subrecipient 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 Recipient, reflects on the Subrecipient's business integrity, XV. Freedom of information Act (FOIA) Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement-sensitive or otherwise critical to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures, Therefore, each Subrecipient agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. The Subrecipient 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. FY 2016 HSGP County of Macomb (Region 2 Fiduciary) Page 10 of 10 XV, Official Certification For the Subrecipient 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 organization he or she represents. The SubrecipLent agrees to complete all requirements specified in this grant agreement. Macomb County Subrecipient Name 026544713 Subreciplent's DUNS Number Mark Deldin Printed Name Chief Deputy County Executive Title dpiLeci:2,6eee„, Sign at e For the Recipient (Michigan State Police, Emergency Management and Homeland Security Division /,6 Date Capt. Chris A. Kelenske, Commander Printed Name CA,;,30-1 Signature Deputy State Director of Emergency Management and Homeland Security Title Vapil Date For tl .ggional Board The Regional Board Chair's signature appears on this grant agreement as a certification that the Region 2 Homeland Security Planning Board has chosen the County of Macomb to act as the Fiduciary Agent on behalf of and as a part of the regional board for the FY 2016 HSGP. OME APPROVAL NO. 1121-0140 EXPIRES 06130/2009 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A- 133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts, 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 1 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.P.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 sabgrantees 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. § 2000(1); the Rehabilitation Act of 1973 (29 U.S.C, §7 94); the Americans with Disabilities Act of 1990 (42 U.S.C.§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681 , 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C, §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7. If a governmental entity— a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. r121, bal2OOLD Signature Date Vicki Wolber, Director U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should else review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, New Restrictions on Lobbying' and 28 OFF Fart 67, "Government-Wide Debarment and Suspension (Non pro-curement) and Government-wide Requirements for Drug-Free Workplace (Grants). The certifications shall be treated as a materiel representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Fart 69, for persons entering into a grant or cooperative agreement over 3100,000, as defined at 28 CFR Fart 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 parson for In- fluencing or attempting to Influence an officer or employee of any agency, a Member of Congrese, 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 - W., "Disclosure of Lobbying Activities,' in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants In primary covered transactions, as defined at 28 CFR Part 07, Section 67.510— A. The applicant certifies that It and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared Ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes ' or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently Indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a throe-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFI-2 Part 87, Subpart F, for grantees, as defined at 28 OFF Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug-free workplace by; (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohibited In the grantee's workplace and specifying the,actions that will be taken against employees for violation of such prohibition: (b) Establishing an on-going drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any avellable drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- DJP FORM 4061(9 (3-91) REPLACES OJP FORMS 4061/2, 405113 AND 406114 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check 0 If there are workplaces on file that are not ft:identified (e) Notifying the agency, in writing, within 10 calendar days here. after receiving notice under subparagraph (ci)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such conviction. is a State may elect to make one certification in each Federal Employers of convIoted employees must provide notice, including fiscal year, A copy of Which should be Included with each ap- position title, to: Department of Justice, Office of plication for Department of Justice funding. States and State Justice programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. NW., Washington, D.C. 20531. Notice shall include the Iden- tification number(s) of each affected grant; Check 0 if the Slate has elected to complete OJF Form 4061/7, (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— DRUG-FRFE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (1) Taking appropriate personnel action against such an employee, up to and Including termination, consistent with the As required by the Drug-Free Workplace Act of 1988, and requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 57.620- (2) Requiring such employee to participate satisfactorily In a drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage such purposes by a Federal, State, or local health, law enforce- In the unlawful manufacture, distribution, dispensing, posses- ment, or other appropriate agency; sion, or use of a controlled substance in conducting any (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs (a), (b), 8. If convicted of a criminal drug offense resulting from a (c), (d), (a), and (f). violation occurring during the conduct of any grant activity, I • 13. The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days site(s) for the performance of work done In connection with of the conviction, to: Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 810 Seventh Street NW, Washington, DC 20531. Place of Performance (Street address, city, county, state, zip code) . As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above codifications, Vicki Wolber, Director 1, Grantee Name and Address; 'MacoMb County Eniergency Management & Communications 117. S..,,Grosebck Hwy. Mount Clemens, MI 48043 2. Application Number and/or project Name 3. Grantee IRS/Vendor Number 'EMW -2016 -SS -00010-S01 38-6004860 4. Typed Name and Title of Authorized Representative Vicki Welber, Director 10/04/2016 / ,I // late 5. Signature 6. - 'US. Government Printing Orlice: 1996- 405-057/40014 EMD-053 (05/2016) MICHIGAN STATE POLICE Emergency Management and Homeland Security Division AUDIT CERTIFICATION AUTHORITY: MCL 30.407a and 2 CFR Part 200, Subpart F; COMPLIANCE: Voluntary, but necessary to be considered for grant assistance. Federal Audit Requirements Non-federal organizations, which expend $750,000 or more in federal funds during their current fiscal year, are required to have an audit performed in accordance with 2 CFR Part 200, Subpart F. Recipients MUST submit a copy of their audit report for each year they meet the funding threshold to: Michigan State PoIce, Grants and Community Services Division, P.O. Box 30634, Lansing, Michigan 48909. Submit completed document to: Michigan State Police Emergency Management and Homeland Security Division P.O. Box 30634 Lansing, Michigan 48909 , - ••=3,', , . - , 7 ).;7,11-'7,-*.C"" A.-"'',-'-'-`,70 ,V:='-''':: ;.'N '-.-, .:., e' Teat* .dona --,,,,,-1-,,t1„,,,,,,-,:qs,,;-1,4,,,:A_.,,,-,,,,,,,. -,•,=, 4- „ 4.4,4;ataze ,..- .ft--.•:„Nt-4-40.• ,.., A4::,4:•;?:•5-,•%•_:=,,,,m, :4,4 - . ,,,•_,..-„,„, s:Ri-,.--,,:W,- j • • • ..s. ,, n , Program Name FY 2016 Homeland Security Grant Program (HSGP) CFDA Number 97.067 .,, ... , Jurisdiction Name Macomb County Street Address 120 North Main Street City Mount Clemens State MI ZIP Code 48043 ,. •,t.• ,•;..rn•71,..4 ,,,2,4,*?' n';',F,..,... . ,:•;,,..t..: 1 atIAPi - scff e ,,.;,-1 -_.,..::,_ '‘Q ,-- Z,;$9;,:P Recipient Fisorai Year Period i 1/1 6tra 12 /3 1 /16 to have an audit performed under 2 CFR to have an audit performed under 2 CFR Part 200, A copy of the audit report will be submitted Michigan 48909. Vicki Wolber, Director Part 200, Subpart F, for Subpart 5, during at to: Michigan State Police, Date 7145—hk LI I certify that the recipient shown above does NOT expect it will be required the above listed program. Li I certify that the subgrantee shown above expects it will be required least one fiscal year funds are received for the above listed program. Grants and Community Services Division, P.O. Box 30634, Lansing, Signature of Recipi nt's Authorized Representative \ 1-a,----).' ,,,. _ ---------- Ual) Date // Form W.9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Ins-tructions on page 2. 1 Norris (a.-..- shown err your income tax return), Name is required on this tine: do not lanes this line blank. • Macomb County . 2 Buslness name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of thefollowing seven boxes: III InclIvIdualisole proprietor or LI C Corporation 0 S Corporation El Partnership [11 Trustiestate single-member LW D Limited liability company, Enter the tax classification (CC corporation, ,s-,5 corporation, P-:,-partnership) Or 4 Exemptions (codes apply only to certain entitles not individuals; see Instructions on, page 3); 3 Exempt payee code Of any} Exemption from FATCA reporting code (If any) Note. For a single-member LLC that' is disregarded, do not check LLC; check the appropriate box in tho lino above for the tax classification of the single-member owner. M Other (see instructions) N. Opplies ki accounla mairgelned autdda Om 4.5,) S Address (number, street. and apt or suite no,) 120 N. Main St. Requester's name and address (optional) 6 City, state, and ZIP code Mt. Clemens, MI 48043 7 List account numbor(s) here (optional) Part 1 Taxpayer Identification Number (TN) Enter your TIN in the appropriate box, The TIN provided must match the name given on line 1 to avoid Secibi security number backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part i instructions on page 3. For Other entitles, It Is your emoiover 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 instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. or Employer identification number 6 0 D 48 60 jou Certification Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am Wafting for a number to be issued to me); and 2, l am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am sublect to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am . no longer subject to backup withholding; and 3. i am a U.S. citizen or other U.S. person (defined below); and 4. The FA-I-GA code(s) entered on ibis form (if any) indicating that i am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the Instructions on page 3, Signature of U.S, person Sign Here General Instructions Vicki Wolber, Director Section references are to the internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release ibis at www.lragovifwa Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information retum with The IRS must obtain your correcttaxpayer identification number tTIN) which may be your social security number (SSN). individual taxpayer identificatlen number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (BIN), to report on an Information return the amount paid to you, or otherlarnount reportable on an information return. Examples of Information returns include, but are not limited to, the following: • Form 1009-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MI30 (various types of Income, prices, awards, or gross proceeds) • Form 1099-13 (stock or mutual fund sales and curtain other transactions by brokers) • Form 1099-8 (proceeds from real estate transactions) • norm 1099-K (merchant card and third party network transactions) • Form 1098 {home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including is resident alien), to provide your correct TIN. If you do not return Form 1.469 to the requester with a 77N, you might he subject to backup withholding. Sea What Is backup withholding? on page 7. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct or you arc wailing for a number to be issued), 2, Certify that you ere not subject to backup withholding, or 3, Claim exemption from backup withholding If you are a U.S. exempt payee. if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share rif effectively connected Income, and 4. Certify that FATCA codo(s) onterod on ibis term (if any) indicating that you urn exempt from the FATCA reporting, Is correct. Sue Whet is FATCA reporting? on page 2 for further information. Cat No, 10281X Form W-9 (Rev, 12-2014) Form W-9 (Rev, 12-2014) Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form It It is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S, resident alien: • A partnership, eorporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business, Further, In certain cases where a Form W-,9 has riot been received, the 'rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1448 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 avoldsecton 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of net income from the partnership conducting a trade or business in the United States: ▪ In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity end riot the entity) * In the case of a grantortrust with a U.S. grantor or other U.S. owner, generally, the U.S. greater or other U.S.. owner of the grantor trust and notthe trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and net the beeefIciaries of the trust. Foreign person. If you are a foreign person or the U.S, branch of a foreign bank that has elected to be treated as a U.S, person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8203 (see Publication 516, Withholding of Tax on Nonresident Aliens and Foreign Beetles). 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 en certain types of income. However, most tax treaties certain R provision knowe as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tea to continue for certain types of Income even after the payee has otherwise become a U.S. resident ellen for lax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: • 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tex 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 arid amount of income that qualifies for the exemption from lax, 5. Sufficient tete to justify the exemption from tax under the terms of the treaty article. Example. Article 20 Of the U.S.-China Income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 8 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the previsions of Article Cob continue to e:pply even after the Chinese student becomes a resident Ellen of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the Information described above to sepPort that exemption. If you are a nonresIderit alien or e foreign entity, give the requester the appropriate completed Form W-6 or Form 8233. Backup Withholding What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This Is called "backup withholding." Payments that may be subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing beat operators. Real estate transactions era not subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will he subject to backup withholding If: -I. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you tarnished an incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable Interest and dividends only), or . 5, You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding, See Exempt payee code on page 3 and the separete instmctions for the Requester of Fore) W-9 for more leformation. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are Specified Untied States persons. Certain payees are exempt from FATCA reporting, See Exemption from FATark reporting code on page 3 and the instructions for the Requester of Form W-9 for more Information. Updating Your information You must provide updated ieformation to any person to whom you claimed to be gar exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this parson. For example, you may need to provide updated Information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. in addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, If the granter of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester. you era 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 $600 penalty. Criminal penalty for falsifying Information, Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines ender Imprisonment, Misuse of TINs. If the requester diseldsea or uses TiNs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific instructions Line You must enter one of the following on this line; an not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Pad I of Farm W-9. a. Individual. Generally, enter the name shown on yoUr tax return. If you have changed your last name without Informing the Social Security Administration (SSA) of the name change, enter your first rams, the last name as shown on your social security card, end your new last name. Note. MN applicant: tinter your individual name salt was entered on your Form W-7 et:010E1We, line In, This should else be the same as the name you entered on the Form 1040/1040A/1040EZ you feed with your application. b. Sole proprietor or single-member LLO. tinter your individual name as shown on your 1040/1040A/1040E2 online 1. You may enter your Wel noes, trade, or "doing business as" DBA) name on line 2, c. Partnership, LLG that is not a single-member LLC, C Corporation, or Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. Thls name should match the earns shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. a Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301 ,7701,2(c)(2)(iii), Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded eritity. The name on line 1 should be the name shown on the Income tax retum on which the income should he reported. For example, if a foreign LeC that Is treated as a disregarded entity for U.S. federal tax purposes hess single owner that Is a U.S. person, the U.S. owner's name is required to be provided an line I. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes, Enter the disregarded entity's name on line 2, 'Business name/disregarded entity name." if the owner (mite disregarded entity is a foreign person, the owner must complete an appropriate Form W-B instead of a Form W-9. This Is the case even if the foreign person has a U.S. TIN. Form W-0 (Rev. 12-2014) Page 3 Line 2 If you have e business name, trade name, DEA name, or disregarded entity name, you may enter it on line 2_ Line 3 Check the appropriate box In IIris 3 for the U.S, federal tax classification of the person whose name is entered on line I. Check only one box in line 3. Limited Liabeity Company (LLC). If the name an line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LJ_C has flied Form 8832 or 2653 to be taxed as a corporation, check the 'Limited Liability Company' box and in the space provided enter "0" for C corporation or "S" for S corporation, If it is a single-member I.LC that is a disregarded entity, do not cheek the 'Limited Liability Company" box; instead check the first box in line 3 'Individual/sole proprietor or single-member L10." Line 4, Exemptions If you are exempt Porn backup withholding and/or PATCA reporting, enter In the appropriate space in line 4 any code(e) that may apply to you, Exempt payee code. • Generally, individuals (Including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest end dividends, • Corporations era not exempt from backup withholding for payments made In settlement of payment card or third petty network transactions, • Corporations are not exempt from backup withholding with mspect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC„ The following codes identify payees that are exempt from backup withholding. Enter the appropriate code In the space in line 4. 1—An organization exempt from tax under section 501(a), any IPA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 401(9(2) 2 —The United States or any of Its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentailties 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 6—A corporation 6—A dealer in securities or commodities required to register In the United States, the District of Columbia, era U.S, commonwealth or possession 7--A futures commission merchant registered with the Commodity Futures Trading Commission 3—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated bye bank under section 584(a) 11—A financial Institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under seetion 664 or described in section 4947 The-following chart shows types of payments that may be exempt from backup Withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for.., THEN the payment is exernetfor ... Interest and dividend payments All exempt, payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and ail 0 corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acoeired prior to 2012. Harter exchange transactions and patronage dividends Exempt payees 1 through 4- Payments over $600 required to be reported and direct sales over $5,000 1 Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transecilons Exempt payees 1 through 4 See Form 1099-MiS0, Miscellaneous Income, and its Instructions, 2 However, the following payments made to a corporation and reportable on Form 1099-M1SC are not exempt from backup withholding, medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(1), and payments for services paid by a federal executive agency, Exemption from FATCA reporting code. The following codes Identify payees that are exempt from reporting under FArCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by co-nein foreign financial Institutione. Thornier°, IF you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form If you are uncertain if the financial Institution is subject to these requirements, A requester may indicate that a code Is not required by providing you with a Form W-0 with "flat Applicable" (or any similar indication) written or printed on the line for a EATCA exemption cede. A—Art organization exempt from tax under sedan 501(a) or any Individual retirement plan as defined In section 7701(0(37) B—The United Stetes or any of Its agencies or Instrumentalltles C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stook of which is regularly traded on one or more established securities markets, as described In Regulations section 1.1472-1(0)(1)0 E.-.A corporatieri that is a member of the same expanded affiliated group as a corporation described In Regulations section 1 .1472-1 (c)(1)(1) r—A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, end options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated ire/est/lent company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 194-0 1A common trust fund an defined in section 684(a) ,j—A bank as defined in section 581 K—A broker L—A trust exempt from-tax under sectlen 664 or described in section 4947(a)(1) —A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code etiould be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns, Line 6 Enter your city, state, and ZIP code, Part 1. 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 MS Individual taxpayer identifleation number (rrN). Enter it in the social security number box, If you do net have an 1TIN, sae How to gets TIN below, If you are a sole proprietor and you have en EN, you may enter either your S5N or EIN, However, the IRS prefers that you use your SSN. If you area single-member LTC that is disregarded as Ril entity separate from its owner (sea LIMited Liability Company on this page), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's FIN. it the 110 Is classified as a corporation or partnership, enter the entity's FIN. Note. See the chart on page 4 for further clarification of name and TIN combinations, Now to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SON, get Form SS-e, Application lore Social Security Card, from your local SSA office or get this form online at www.ssa.gov, You may also get this form by calling 1-800-772-1213. Use Form 1/4-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Forts 35-4, Application for Employer Identification Number, to apply loran EIN. You can apply torso LIN online by accessing the IRS websIte at www.its.gov/businesses and clicking on Employer idertlficatien Number (EiNyunder Starting a Business, You can get Forms W-7 and 08-4 from the IRS by visiting iRS,gov or by calling 1-800-TAX-FORM (1-800-829-3576). . If you am asked to complete Form W-9 hut do not have a TIN, apply for a TIN arid write "Applied For in the space for the TIN, sign and date-the form, and give it to the requester. For interest and dividend payments, and certain payments made With respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Appiled For" means that you have already applied for a TIN or that you Intend to apply for one seen. Caution: A disregarded U.S. entity that lies e foreign owner must use the .approprfate Form W-8. Form W-9 (Flay. 12..2014) Page 4 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 Items 1,4, or 5 below Indicate otherwise. For a Joint account, only the person whose TIN Is shown in Part ! should sign (when required). In the case of a disregarded entity, the person Identified on lino 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below.. 1. interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do hot have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 19913 and broker Reaottas consiefered 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. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments' Include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonernployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crow members and fishermen, end gross proceeds paid to attorneys (including payments to oorporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 629), IRA, Coverdell ESA, Archer MA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For thistype of account: Give name and SON of 1. Individual 2. Two or more individuals (clot account) S. 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 5. Soie proprietorship or disregarded entity owned by an Individual g. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4K2)(i) (A)) The Individual Thu actual owner of the account or, if combined funds, the first individual on the account' The minor' The grantor-trustee' The actual owner, . The owner' The grantor* For this type of account Give same and EN oft 7. Disregarded entity not owned by an Individual 8. A valid trust, estate, or pension trust 9. Corporation or LLC electing corporate status on Form 8832 or Form 2563 10. Association, club, religious, charitable, educational, or other tax- exempt organization It. Partnership or multi-member LI.0 12, A broker or registered nominee 13. Account with the Departrnent of Agriculture In the name of a public entity (such as it state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trustilling under the Form 1041 Piling Method or the Optional Form 1080 riling Method 2 (see Regulations section 1,671-4(b)(2)(l) (13)) The owner Legal entity' The corporation The organization The partnership The broker or nominee The public; entity The trust 'List first and circle the name of the parson whose number you furnish. If only ono person on a Joint account has an SSN, that person's number must be furnished. 2 Cfroia the minor's Fame and furnish 11w Minors SSW. 'Yea must chow your Individual name and you may else enter your business or PRA name or the "Elalness rerne/dIsregardad entity" name line. 'You fray use either your-55N or 51N (if you have one), but the IRS encourages you to sae your SSN. itst first and circle the narne of the trust, estate, or pension trust (Do not Wish the MN Mille personal representative or trustee unless the %gal entity Rolf Is net designated In the account title.) Also see Spada,' melee for partnerships an page 2, - *note. Grantor ales tryst provide a form W.ia to trustee of trust. Note. if no name is circled when more than one narrie Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone Uses your personal information such as your name, SRN, or other identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to out a job or may file a tax return using your SON to receive a refund. To reduce your risk: • Protect your SON, * Ensure your employer Is protecting Your SSN, and • Be careful when choosing a fax preparer. If yourtax records ore affected by identity theil arid you receive a notice from the IRS, respond right away to the name and phone number printed on the iFIS notion or letter. If your tax records ore rot currently affeoled by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving fax problems that have not been resolved through normai channels, may be eligible for Taxpayer Advocate Service (TAO) assistance. You can reach TAR by calling the TAS toll-free case Intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4089, Protect yourself from suspicious emails or phishing schemes. Phishing Is the creation and use of email and websites designed to mimic legitimate business smalls and websites. The roost corn men act Is sending an email to a User falsely claiming to be an established legitimate enterprise In an attempt to seam the user Into surrendering private information that will be used for identity theft The IRS does not Initiate contacts with taxpayers vie mails. Also, the IRS does not request personal detailed information through email or ask -taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts, If you receive an unsolicited email claiming to be from the IRS, forward this message to phishingdiragov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration criGTAI at 1-800-336-4484. You can forward suspicious emalls to the Federal Trade Commission at: spam@uce.gov or contact them at www.fic.govlidtheft or 1-877-1071-IEFT (1-877-438-4338). Visit inagev to learn more about Identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of The internal Revenue. Code requires you to provide your correct TIN to persons (Including federal agencies) who are required to file Information MUMS with the IRS to report interest, dividends, or certain other Income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation Of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file Information returns with the IRS, reporting the above information. Routine uses Of this Information Include giving It to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S, commonwealths and possessions for use in administering their laws, The Information also may be disclosed to other countries under alrealy, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file is tax return. Under section 3406, 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, Fiscal Year 2016 Homeland Security Grant Program Agreement Articles Applicable to Subrecipients Article - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form 4246 Assurances - Non-Construction Programs or OMB Standard Form 4240 Assurances - Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program, and the OHS financial assistance office may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the financial assistance office if you have any questions, DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C,F,R, Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article II Whistieblower Protection Act All recipients must comply with the statutory requirements for whistiebIower protections (if applicable) at 10 U.S.0 section 2409, 41 U.S.C. 4712, and 10 U.S.C. section 2324, 41 U.S.O. sections 4304 and 4310, Article ill - Use of DHS Seal, Logo and Flags All recipients must obtain permission from their financial assistance office, prior to using the OHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article IV - USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. sections175 175c. Article V - Universal Identifier and System of Award Management (SAM) All recipients are required to comply with the requirements set forth in the government-wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. Article VI - Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. Article VII - Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 .U.S.C, section 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, Article VIII - Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended (22 U.S.C. section 7104). The award term is located at 2 CFR section 175,15, the full text of which is incorporated here by reference in the terms and conditions of your award. Article a - Terrorist Financing All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with and the provisions of resources and support to, Individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws, Article X - SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications, Article XI - Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference.in the terms and conditions of your award. Article XII - Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 G.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XIII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 36 U.S.C. section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401,14, Article XIV - Notice of Funding Opportunity Requirements All of the Instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOF0) for this program are incorporated here by reference in the terms and conditions of your award. All recipients must comply with any such requirements set forth in the program NOFO. Article XV - Non-supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources, Article XVI - Lobbying Prohibitions All recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal. Article XVII - Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the Title VI ef the Civil Rights Act of 1954 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the OHS Recipient Guidance https://www.dhs.goviguidance-published-help-department-supported-organizations-provide-meaningful-access-pecple- limited and additional resources on http://www.lep.gov , Article XVIII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in Whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. section 2225. Article XIX - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 6-138942. Article XX - Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally-identifiable information (P11) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect Pli are required to have a publically-available privacy policy that describes standards on the usage and maintenance of Pll they collect. Award recipients may also find as a useful resource the OHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Article XXI - Americans with Disabilities Act of 1990 2 All reicipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entitles, (42 U.S.C. sections 12101 12213). Article XXII - Age Discrimination Act of 1975 Al! recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, section 6101 of seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XXIII - Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XXIV - Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article XXV - Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Article XXVI - Federal Debt Status Al] recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Article )0(VII - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. section 3729 - 3733 which prohibits the submission of false or fraudulent claims for payment to the Federal Government. See 31 U.S.C. section 3801-3812 which details the administrative remedies for false claims and statements made. Article XXVIII - Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. section 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act, Article XXIX - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C.. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. OHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19, Article XXX - Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a recipient form shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award, Article )00(1 - Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Mt of 1988 (41 U.S.C. section 701 at sag.), which requires all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. OHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. Article XXXII - Debarment and Suspension All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12649 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subavvards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXIII - Copyright All recipients must affix the applicable copyright notices of 17 U.S.C, sections 401 or 402 and an acknowledgement of 3 Govdmment sponsorship (including award number) to any work first produced under Federal financial assistance awards, Article XXXIV - Civil Rights Act of 1968 All recipients must comply with Tite VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in . the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. section 3601 et seq.), as implemented by the Department of Reusing and Urban Development at 24 C.F.R. Part 100, The prohibition on disability discrimination includes the requirement that new multifamily housing with four Or more dwelling units i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) be designed and constructed with certain accessible features (See 24 C,F.R. section 100.201) Article )COCV - Civil Rights Act of 1964 - Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. section 2000d et seg.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. OHS implementing regulations for the Act are found at 6 C.F. R,, Part 21 and 44 C.F.R. Part 7. Article XXXVI DHS Specific Acknowledgements and Assurances All recipients, sub-recipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing OHS access to records, accounts, documents, informaticri, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS, 2. Recipients must give OHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by OHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports, 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DI-IS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl©hq,dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency}, sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the OHS financial assistance office and the CRCL office by e-mail or mail at the addresses listed above, The United States has the right to seek judicial enforcement of these obligations. Article XXXVII - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award docUment after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Article XXXVIII - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 a F.R. Section 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written 4 'apprdval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DFIS/ FEMA approved budget in the first Federal Financial Report (SF-426) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval, Article XXXIX - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEIVIA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313, Article XL - Summary Description of Award The purpose of the FY 2016 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building , sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. 5 RICK SNYDER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF STATE POLICE LANSING COL, KRISTE KIBBEY ETUE DIRECTOR September 20, 2016 Ms. Vicki Wolber Macomb County 117 S. Groesbeck Highway Mount Clemens, Michigan 48043 Dear Ms. Welber: Enclosed is the Fiscal Year (FY) 2016 Homeland Security Grant Program (HSGP) Grant Agreement package for Macomb County, acting as the Fiduciary Agent on behalf of, and as a part of, Michigan Homeland Security Region 2. Please return the required grant documentation listed on the enclosed Subrecipient Checklist to our office at the following address: Attention: Ms. Sara Long Emergency Management and Homeland Security Division Michigan Department of State Police P.O. Box 30634 Lansing, Michigan 48909 This gmnt agreement does not provide inclusive approval of all project items and activities. You must seek prior approval for all purchases or activities. Reimbursement for expenditures will be determined on a case-by-case basis using the criteria established in the Fiscal Year 2016 Homeland Security Grant Program Notice of Funding Opportunity located at http://www.femagovirredia-library-data/1455569937218- 3daa3552913b8affe0o6b5bc3b448635/FY_2016_HSGP_NOFO_FINAL.pdf. This grant agreement and all required attachments must be completed, signed, and returned no later November 21, 2016. If this requirement is not met, this grant agreement will be invalid after November 21, 2016, 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 FY 2016 Homeland Security Grant Program, please contact Ms. Kim Richmond at RichmondK©rnichigan.gov or 517-284-3952. Sincerely, Clirvuo c).-t2saNcho Capt. Chris A. Kelenske, Commander Deputy State Director of Emergency Management and Homeland Security Enclosures (8) EMERGENCY MANAGEMENT AND HOMELAND SECURTY DIVISION • PO 130X t30634 a LANSING, MICHIGAN 48909 www.michigan.govirnsp • 517-284-3746 SUBRECIPIENT CHECKLIST FY 2016 HOMELAND SECURITY GRANT PROGRAM (HSGP) GRANT AGREEMENT FDA NO O67 Submit the following items as necessary to: Attention: Ms. Sara Long Emergency Management and Homeland Security Division, Michigan State Police, P.O. Box 30634, Lansing, Michigan 48909 1SUBRECIPIENT WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS ARE RECEIVED LII 1. Grant Agreement. There are two identical grant agreements enclosed. Please sign both, but retain one signed document for your records and return the other signed document by the deadline. 2. Standard Assurances 3. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements 4. Audit Certification (EMD-053) 7 5. Request for Taxpayer Identification Number and Certification (W-9) POST REIMBURSEMENT REQUIREMENTS Participate with Recipient 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 grant is closed by the awarding federal agency. Be sure to comply with Single Audit requirements of Subpart F of 2 CFR 200. If required, the Subrecipient submits audit copy to Michigan Department of State Police, Grants and Community Services Division, PO Box 30634, Lansing, Michigan 48909. Michigan State Police Grant Agreement Emergency Management and Homeland Security Division County of Macomb Fiscal Year 2016 Homeland Security Grant Program 97.067 SUBRECIPIENT IRS/VENDOR NUMBER FEDERAL AWARD IDENTIFICATION NUMBER FEDERAL AWARD DATE IA IrE 38-6004868 BMW-2016-55-00010-501 09/01/2016 SUSRECIPIENT DUNS NUMBER SU BAWARD FROM TO PERFORMANCE PERIOD 026544713 09/01/2016 08/31/2019 RESEARCH De DEVELOPMENT lundin btal: N/A INDIRECT COST RATE None on file FEDERAL AWARD PROJECT DESCRIPTION Federal Funds Obligated by this Action Total Federal Funds Obligated to Subrecipient Total Amount of Federal Award $4,719,272.00 $4,719,272.00 $12,827,236.00 Fiscal Year (FY) 2016 Homeland Security Grant Program (HSGP) DEFAILS Funding requirements are found on page 2 (Section Ill) of the grant agreement. FEDERAL AWARDING AGENCY Federal Emergency Management Agency Grant Operations 245 Murray Lane—Building 410, SW Washington, D.C. 20528-7000 PASS—THROUGH ENTITY (RECIPIENT) NAME Michigan State Police Emergency Management & Homeland Security Division P.O. BOX 30634 Lansing, MI 48909 4r. 315. II CIP Mark A. Hackol Approved Approved with changes SEND TO FINANCE DEPARTMENT Etihorized Signature /6 Ib/1(1 Date 3. FINANCE DEPARTMENT - DpApproved LI Approved with changes Authorized Signature SEND TO CORPORATION COUNSEL Date 4. OFFICE OF CORPORATION COUNSEL - RECEIVED a) E OCT 06 2016 $AACOMB COUNTY 0 FINANCE ra\Approved SEND TO OCE IE Approved with changes RETURN TO CONTRACT MANAGEMENT :24 Authorized Signature--- 8 ft -E (i) a CORPORATION COUNSEL (// Date r OCT Ii 2016 Department Leader: Vicki VVolber CONTRACT REVIEW ROUTING FORM ORIGINATING DEPARTMENT INFORMATION Department. Date: Emergency Management & Communications 10/04/2016 Contract Contact Person: Contact Phone Number NOTE: Contracts are returned interoffice mail unless specified below: Vicki Wolber 469-6390 Call Noel for Pick Up: It 9-5344 CONTACT / PROGRAM INFORMATION Contract / Program Title: GRANT Return By Date: 2016 Homeland Security Grant Program Grant Agreement i Agreement D Funded 11/04/2016 DEPARTMENT ROUTING & AUTHORIZATIONS OFFICE OF CONTRACT MANAGEMENT fl Vered - SEND TO RISK MANAGEMENT LI Rejected - Return to requesting Department NOTES: 2. RISK MANAGEMENT - EC EINF9 vi UL I tP 1.11111 r Nisk Management & Safety 5. OFFICE OF COUNTY EXECUTIVE - ,,eifrApproved ,,,,Er-ri0C Review Required LI Approved with changes RETURN TO CONTRACT MANAGEMENT EXECUTIVE OFFICE OC I 1 2016 RECEIVED Authorized Signature Date CONTRACT REVIEW ROUTING FORM Department Leaden Vicki Wolber ORIGINATING DEPARTMENT INFORMATION Department Emergency Management & Communications Date: 10104/2016 Contract Contact Person: Vicki Wolber Contact Phone Number: 469-6390 NOTE: Contracts are returned interoffice mail unless specified below: X Call Noel for Pick Up: # 9-5344 CONTACT / PROGRAM INFORMATION DEPT, Code: ESC Contract / Program Title: 2016 Homeland Security Grant Program Grant Agreement GRANT is Agreement li Funded Vendor Number (if known): Vendor Name: Vendor Disclosure 10 Yes Form Attached: • No Original Contract Amount: 4,719,272.00 Amendment Amount $ Total Amended Contract Amount $ 4,719,272.00 Funding Source - Org Key / Object - (If known): Contract Begin Date: 09/01/2016 Amendment Date: Contract End Date: 05/31/2019 Targeted Committee Date: 11 12 • Contract: NOW Renewal Amendment If Renewal or Amendment, what terms have changed (if any): Grant period and amount changes only Amendment Number: N/A Contract Bid: 0 Yes il No If not bid out, please explain: N/A Lowest Bid: If not lowest bid, please explain: El Yes II No Bid Number, How many bidders responded? Winning bidder Macomb County Enterprise: II Yes il No - Explain: Contract/ Program Synopsis: The county annually receives this grant from the Michigan State Police Emergency Management Homeland Security Division as the designated fiduciary for the Region 2 Homeland Security Planning Board/Urban Area Security Initiative (UASI) Board. As such it is our responsibility to administer, manage and process any homeland security grants that are awarded to our region. The attached agreement for FY 2016 is in the amount of $4,719,272.00 . This represents the entire amount awarded to the UASI Region. This grant program is made possible through the federal Department of Homeland Security and there is no local match required for this award. The grant provides federal pass through funds for local jurisdictions for equipment, exercises, organizing, planning and training as it relates to homeland security and emergency management roles and responsibilities. This grant agreement establishes our relationship with the State of Michigan and outlines the roles and responsibilities of the county as fiduciary for this grant. Per past practice, once this grant agreement is approved and executed by the County, a separate inter-local agreement will be created and executed for each of our six (6) partners in the UASI region (Detroit and the counties of Monroe, Oakland, St. Clair, Washtenaw and Wayne) as it pertains to our relationship with each of them to fulfill our duties under this grant agreement. OTHER CONTRACT INFORMATION • CONTRACT REQUIRES SIGNATURE OF COUNTY EXECUTIVE ONLY. DESIGNEE SIGNATURE WILL NOT BE ACCEPTED. • 0 • 1 ri • ri PLEASE CHECK APPROPRIATE ITEM BELOW (IF APPLICABLE): i, AWARDING A CONTRACT OF $35,000 OR MORE FOR SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR REAL ESTATE. 2. AWARDING A CONTRACT OF $100,000 OR MORE FOR CONSTRUCTION. 3. AWARDING A CONTRACT MODIFICATION EXCEEDING 10% OF THE ORIGINAL APPROVED CONTRACT AMOUNT. 4. AWARDING A CONTRACT THAT EXCEEDS 5 YEARS IN LENGTH. 5. EMPLOYER PAID FRINGE BENEFITS. 6. COLLECTIVE BARGAINING AGREEMENTS. 7. INTERGOVERNMENTAL AGREEMENTS AS DEFINED BY CHARTER SECTION 3.1. S Macomb County Executive Mark A. Hackel 1-6 Bo pfigii(o To: David Flynn,, hoard Chair illiC From: Pamela J. Lavers, Deputy County Executive Date: October 17, 2016 RE: Agenda Item — Emergency Management, Homeland Security Grant Firograrn Grant Agreement Attached you will find documentation and a resolution from Emergency Management 84. Communications Director, Vicki Wolber, to approve the FY 2016 Homeland Security Grant Program Grant Agreement between Macomb County and the State of Michigan in the amount of $4,719,272.00. This grant agreement provides for the continued enhancement and sustainment of various homeland security and emergency management capabilities within the county and our region. Staff is currently in place to manage and administer the grant for the entire region as well, as it pertains to our fiduciary responsibility, The Executive Office respectfully submits this agenda item for the Commission's consideration and recommends approval of the 2016 Homeland Security Grant Program Grant Agreement as stated in the attached resolution. PJL/srnc cc: Vicki Wolber 610J_ 1RWIV# 10110 I"' Mark A. Heckel County Executive DATE: TO: FROM: MEMORANDUM 10/04/2016 Office of County Executive Vicki Wolber, Director Na, Emergency Management & Communications RE: REQUEST APPROVAL / ADOPTION OF 2016 Homeland Security Grant Program Grant Agreement SUBJECT: Attached is the 2016 Homeland Security Grant Program Grant Agreement between Macomb County and the State of Michigan in the amount of $4,719,272.00 PURPOSE /JUSTIFICATION: The county annually receives this grant from the Michigan State Police Emergency Management Homeland Security Division as the designated fiduciary for the Region 2 Homeland Security Planning Board/Urban Area Security Initiative (UASI) Board. As such It Is our responsibility to administer, manage and process any homeland security grants that are awarded to our region, The attached agreement for FY 2016 is In the amount of $4,719,272.00. This represents the entire amount awarded to the UASI Region, This grant program Is made possible through the federal Department of Homeland Security and there is no local match required for this award. -The grant provides federal pass through funds for local jurisdictions for equipment, exercises, organizing, planning and training salt relates to homeland security and emergency management roles and responsIbliities . This grant agreement establishes our relationship with the State of Michigan and outlines the roles and responsibilities of the county as fiduciary for this grant. Per past practice, once this grant agreement Is approved and executed by the County, a separate inter-local agreement will be created and executed for each of our six (6) partners In the UASI region (Detroit and the counties of Monroe, Oakland, St. Clair, Washtenaw and Wayne) as it pertains to our relationship with each of them to fulfill our duties under this grant agreement, FISCAL IMPACT! FINANCING: Within the grant agreement, Macomb County is specifically awarded $501,770.00 to be utilized towards our entire county's homeland security and emergency management needs. As required by the State, we have a Local Planning Team (LPT) established in the county that is responsible for how this funding is spent. In addition to this award, we are provided $235,963.00 to fulfill our management and administration (M & A) duties as the fiduciary. The M & A funds are used for staff salaries, office equipment, supplies, etc. There are no match requirements for this grant. FACTS AND PROVISION / LEGAL REQUIREMENTS (If applicable): As the designated fiduciary for the UASI region, we are required to execute this grant agreement with the State. The grant agreement includes certain provisions that we are to follow based on state and federal guidance and requirements. IMPACT ON CURRENT SERVICES (PROJECTS): This grant agreement provides for the continued enhancement and sustainment of various homeland security and emergency management capabilities within the county and our region. Staff is currently in place to manage and administer the grant for the entire region as well, as it pertains to our fiduciary responsibility. X. NEW BUSINESS a. Selection of FY 2016 Regional Fiduciary 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 writing? 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 MR. BRECKENRIDGE: We are on to "New Business — Selection of FY 2016 Regional Fiduciary". Discussion on that item? You have the request letter in your packet from the SAA requesting us to appoint a Fiduciary for that cycle. Sam, is there anything you would like to add to this process? MR. JONKER-BURKE: No, sir. MR. STURDIVANT: I would like to make a motion to accept Macomb as 2016 Regional Fiduciary. MS. NORTHERN: Support. MR. BRECKENRIDGE: Thank you, Tad and Donna. MR. BRECKENRIDGE: Any discussion? (None) MR. BRECKENRIDGE: All those in favor, say "Aye". BOARD MEMBERS: (In Unison) Aye. MR. BRECKENRIDGE: Any opposcd? (None) (Motion carries unanimously.) MR, BRECKENRIDGE: Brandon, if you would, please, communicate that in MR. LEWIS: Yes, 1 will. b. FEMA Project Review MR. BRECKENRIDGE: FEMA Project Review. MR. LEWIS: Very briefly. I think everybody saw the e-mail correspondence from Kim Richmond. I believe that was distributed to the entire Board. However, I just wanted to cover it really quick and go over what it means. Page 43 FISCAL NOTE (MISC. #17005) January 26, 2017 BY: Commissioner Tom Middleton, Chairperson, Finance Committee IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION —2016 FEMA STATE HOMELAND SECURITY GRANT INTERLOCAL AGREEMENT ACCEPTANCE To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution, and finds: 1. The Michigan Department of State Police, Emergency Management and Homeland Security Division has awarded Homeland Security Grant Program funding to Region 2 of the State, which includes, but is not limited to the following political subdivisions: City of Detroit along with the Counties of Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne. 2. The program provides funding to support state and local efforts to prevent, respond to, and recover from acts of domestic and foreign terrorism, 3. Macomb County has been appointed by the Region 2 Planning Board as fiduciary and subgrantee for the 2016 Homeland Security Grant Program (HSGP). 4. The Resolution authorizes entering into an agreement with Macomb County for the purpose of passing through 2016 HSGP funds to Oakland County. 5. Oakland County is entitled to reimbursement of allowable expenses for the 2016 Grant Program in an amount not to exceed $48,634 in State Homeland Security Program (SHSP)funding and $562,972 in Urban Area Security Initiative (UASI) funding. 6. Oakland County is being awarded a total of 8141,531 in grant funds for regional projects from the 2016 Grant Program Agreement. 7. The funding will be used to cover the continuation of two (2) full-time eligible special revenue Regional Solution Area Planner positions (#10296 and #10520) in the Homeland Security Division as well as one (1) Special Revenue full-time eligible Intelligence Analyst position (#11083) in the Sheriff's Office Emergency Response and Preparedness Division Admin Unit. 8. The grant period is September 1, 2016 through May 31, 2019. 9. The future level of service, including personnel, will be contingent upon the level of funding available from the State. 10. The FY 2017 Special Revenue Budget is amended as follows to reflect the 2016 HSGP and Region 2 award: DOMESTIC PREPAREDNESS EQUIPMENT FUND (#29340) Budget Reference 2016 / GR0000000746 Activity: GLB Analysis: GLB FY 2017 — FY 2019 Revenue 1060601-115125-610313 1060601-115127-610313 4030501-110110-610313 Federal Operating Grants Federal Operating Grants Federal Operating Grants Total Revenue ( 620,347) ( 44,180) ( 103,737) ($ 768,2641 Expenditures 1060601-115125-702010 Salaries 1060601-115125-722740 Fringe Benefits 1060601-115125-732018 Travel and Conference 1060601-115125-750567 Training-Educational Supplies 1060601-115125-760126 Capital Outlay Miscellaneous 1060601-115125-732165 Workshops and Meeting 1060601-115125-774636 Info Tech Operations 4030501-110110-702010 Salaries 4030501-110110-722740 Fringe Benefits 4030501-110110-731346 Personal Mileage 4030501-110110-732018 Travel and Conference Total Expenditures FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Fleming absent. ( 105,038) ( 66,782) ( 17,000) ( 30,000) ( 433,707) ( 6,400) ( 5,600) ( 57,736) ( 35,770) ( 4,000) ( 6,231) ($ 768,264) DOMESTIC PREPAREDNESS EQUIPMENT FUND (#29340) Budget Reference 2016 / GR0000000777 Activity: GLB Analysis: GLB FY 2017 — FY 2019 Revenue 1060601-115125-610313 4030501-110110-610313 Federal Operating Grants Federal Operating Grants Total Revenue 655,673 97,464 $ 753,137 Expenditures 1060601-115125-702010 Salaries 1060601-115125-722740 Fringe Benefits 1060601-115125-750567 Training-Educational Supplies 1060601-115125-760126 Capital Outlay Miscellaneous 1060601-115125-774636 Info Tech Operations 4030501-110110-702010 Salaries 4030501-110110-722740 Fringe Benefits 4030501-110110-731346 Personal Mileage 4030501-110110-732018 Travel and Conference Total Expendits 107,138 78,150 50,000 415,385 5,000 58,891 23,573 3,000 12,000 $ 753,137 tCriu-t4- C6mmissioner Tom Middleton, Distria#4 Chairperson, Finance Committee Resolution #17005 January 26, 2017 Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowa11, Long, McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (19) 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). 7/ 7 GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PIASUANT TO MCL 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 January 26, 2017, 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 26th day of January, 2017. Lisa Brown, Oakland County