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HomeMy WebLinkAboutResolutions - 2018.09.27 - 23783MISCELLANEOUS RESOLUTION #18323 September 27, 2018 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION — EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2018 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan Department of State Police, Emergency Management and Homeland Security Division has awarded Oakland County the FY 2018 Emergency Management Performance Grant (EMPG) funding in the amount of $61,221 for the period of October 1, 2017 through September 30, 2018; and WHEREAS the Homeland Security Division was notified of available grant funding via a letter dated August 20, 2018; and WHEREAS this is the 46 0, year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the states and local governments; and WHEREAS this grant is pass-through of Federal funds and represents a reimbursement for a portion of salaries with a required 50% match in the amount of $61,221; and WHEREAS the FY 2018 award is an increase of $7,717 from the FY 2017 award; and WHEREAS the grant agreement has completed the Grant Review Process according to the Board of Commissioners' Grant Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan Department of State Police, Emergency Management and Homeland Security Division for the FY 2018 Emergency Management Performance Grant (EMPG) in the amount of $61,221 with a 50% match from the County in the amount of $61,221 for total funding of $122,442 for the period of October 1, 2017 through September 30, 2018. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant 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 including continuation of any special revenue positions if/when the grant expires. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. CLLO Commissioner Christine Long, DirrAt #7 Chairperson, General Governmeht-Ummittee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kochenderfer and Quarles absent. GRANT REVIEW SIGN OFF — Homeland Security Division GRANT NAME: 2018 Emergency Management Performance Grant (EMPG) FUNDING AGENCY: Michigan Department of State Police, Emergency Management & Homeland Security Division DEPARTMENT CONTACT PERSON: Thom Hardesty (248) 452-9578 STATUS: Grant Acceptance DATE: August 23, 2018 Pursuant to Misc. Resolution #17194, 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 (8/20/2018) Department of Human Resources: HR Approved (No Committee) Continues Position — Lori Taylor (8/20/2018) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (8/22/2018) Corporation Counsel: Approved by Corporation Counsel. — Steve Rideout (8/23/2018) RICK SNYDER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF STATE POLICE LANSING COL. KRISTE KIBBEY ETUE DIRECTOR August 20, 2018 Dear Local Emergency Management Coordinator: Enclosed is the Fiscal Year 2018 Emergency Management Performance Grants (EMPG) Grant Agreement package. Please return the required grant documentation listed on the enclosed Subrecipient Checklist to our office at the following address: Attn: Ms. Sara Long Emergency Management and Homeland Security Division Michigan Department of State Police PO Box 30634 Lansing, Michigan 48909 Reimbursement for the EMPG program is contingent upon completion of the activities in the signed Emergency Management Annual Work Agreement. In order to remain eligible for EMPG funding, current and adequate plans must be maintained and exercise requirements must be met If a work activity is not completed in the designated quarter, reimbursement may not be made until the work is completed. The Emergency Management and Homeland Security Division District Coordinators may make recommendations on reimbursement, but final approval remains with the Deputy State Director of Emergency Management and Homeland Security, who may or may not approve a delay in the completion of the activity. If work activities (for which funds have been withheld) have not been completed by the end of the fiscal year, forfeiture of those funds may be required. As a recipient of funding from the U.S. Department of Homeland Security, you are responsible for the management and fiscal control of all funds. These responsibilities include accounting for receipts and expenditures, maintaining adequate financial records, and refunding expenditures disallowed by federal or state audit. For specific responsibilities and requirements, please refer to Section II (Statutory Authority) and Section IV (Responsibilities of the Subrecipient) in the Fiscal Year 2018 EMPG Grant Agreement. This grant agreementand all required attachments must be completed, signed, and returned no later than October 20, 2018. If this requirement is not met, this grant agreement will be invalid after October 20, 2018, unless a prior written exception is provided by the Michigan State Police, Emergency Management and Homeland Security Division, Sincerely, 6"-"Zeld Capt. Emmitt McGowan, Commander Deputy State Director of Emergency Management and Homeland Security Enclosures (8) EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION • PO SOX 30634 • LANSING, MICHIGAN 48G09 www,michlgan.gov/msp • 517-284-3746 Michigan State Police , Emergency Management and -7, „, Homeland Security Division Grant Agreement FEDERAL AWARD IDENTIFICATION SUBRECIPIENT NAME County of Oakland GRANT NAME Emergency Management Performance Grants CFDA NUMBER 97.042 SUBRECIPIENT IRS/VENDOR NUMBER 38-6004876 FEDERAL AWARD IDENTIFICATION NUMBER (FAIN) EMC-2018-EP-00002 FEDERAL AWARD DATE 08/04/2018 SUBRECIPIENT DUNS NUMBER 136200362 SUBAWARD FROM TO PER PERIOD 10/1/2017 9/30/2018 RESEARCH & DEVELOPMENT N/A Funding Total Federal Funds Obligated by this Action $61,221.00 INDIRECT COST RATE None on file Total Federal Funds Obligated to Subrecipient $61,221.00 Total Amount of Federal Award $8,975,530.00 FEDERAL AWARD PROJECT DESCRIPTION 2018 Emergency Management Performance Grants DETAILS The 2018 EMPG allocation is 35.69% of the Subrecipient's emergency program manager's salary and fringe benefits. A cost-match is required under this program. The Federal share that is used towards the EMPG budget shall not exceed 50 percent of the total budget. FEDERAL AWARDING AGENCY Federal Emergency Management Agency Grant Operations 245 Murray Lane — Building 410, SW Washington DC 20528-7000 PASS-THROUGH ENTITY (RECIPIENT) NAME Michigan State Police Emergency Management and Homeland Security Division PO Box 30634 Lansing, Ml 48909 State of Michigan FY 2018 Emergency Management Performance Grant Grant Agreement October 1, 2017 to September 30, 2018 CFDA Number: 97.042 Grant Number: EMC-2018-EP-00002 This Fiscal Year (FY) 2018 Emergency Management Performance Grant (EMPG) 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 OAKLAND (hereinafter called the Subrecipient) Purpose The purpose of this grant agreement is to provide federal pass-through funds to the Subrecipient for the development and maintenance of an emergency management program capable of protecting life, property, and vital infrastructure in times of disaster or emergency The FY 2018 [MPG program plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. The objective of the NPS is to facilitate an integrated, all-of- nation/whole community, risk driven, capabilities-based approach to preparedness. In support of the National Preparedness Goal, the FY 2018 EMPG supports a comprehensive, all-hazard emergency preparedness system to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. For more information on the NPS, federally designated priorities, and the FY 2018 [MPG objectives, as well as guidance on allowable costs and program activities, please refer to the FY 2018 EMPG Notice of Funding Opportunity (NOF0) located at http://www.ferna.gov/grants. II. Statutory Authority Funding for the FY 2018 EMPG is authorized by Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. § 762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. §§ 7701 et seq.); and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (42 U.S.C. §§ 4001 et seq.). Appropriation authority is provided by the Department of Homeland Security Appropriations Act, 2018, (Pub. L, No. 115-141). The Subrecipient agrees to comply with all [MPG program requirements in accordance with the federal FY 2018 [MPG Notice of Funding Opportunity located at http://www.femagov/grants; the Michigan Emergency Management Act of 1976, as amended (Public Act 390) at http://www.legislature.mi.govidoc.aspx ?mcl-Act-390-of- 1976; and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.) located at http://www.fema.gov/robert-t-stafford-disaster-relief-and-emergency- assistance-act-public-law-93-288-amended. FY 2018 EMPG County of Oakland Page 2 of 8 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.ecfrigov . B. 44 CFR, Part 10, Environmental Considerations. III. Award Amount and Restrictions A. The County of Oakland is awarded $61,221.00 under the FY 2018 EMPG. The Recipient determined the Subrecipient's EMPG allocation as 35.69% of the Subrecipient's local emergency manager's salary and fringe benefits. The Subrecipient may receive less than the allocated amount if the Subrecipient's cost share (match) of wages and fringe benefits paid to the local emergency manager are less than the total allocation. The Subrecipient's EMPG program budget must be documented on the Local Budget for Emergency Management Performance Grant form (EMD-17), B. The FY 2018 EMPG covers eligible costs from October 1, 2017 to September 30, 2018. The funds awarded in the grant agreement shall only be used to cover allowable costs that are incurred during the agreement period. Grant agreement funds shall not be used for other purposes. For guidance on allowable costs, please refer to the FY 2018 EMPG NOFO, specifically Appendix B. C. This grant agreement designates EMPG funds for the administration and oversight of an approved emergency management program. The Subrecipient may utilize grant funds for the reimbursement of salary, overtime, compensatory time off, and associated fringe benefits for the local emergency manager, and up to 5% of the total allocation may be utilized for organization costs. No other expenditures are allowed. If organization costs are claimed, a narrative must be submitted detailing the expenses that are included in these costs. D. The FY 2018 EMPG program has a 50% cost share (cash or in-kind) requirement, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.), specifically, Title VI, sections 611(j) and 613. Federal funds cannot exceed 50% of eligible costs. Unless otherwise authorized by law, federal funds cannot be matched with other federal funds. The Federal Emergency Management Agency (FEMA) administers cost sharing requirements in accordance with 2 CFR § 200.306. To meet matching requirements, the Subrecipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all federal requirements and regulations. See the FY 2018 EMPG NOFO for additional cost share guidance, definitions, basic guidelines, and governing provisions. E. All EMPG funded personnel must complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute or a sponsored state, local, tribal, territorial, regional or other designated location and record proof of completion. All EMPG funded personnel must also participate in no less than three exercises in a 12 month period, consistent with the requirements outlined in the EMPG Guidebook. The EMPG Guidebook (EMD-PUB 208) is located at: vvwvv.michigan.gov/EMFISD under EMPG Publications. EMPG programs are required to complete a quarterly training and exercise report (Quarterly Training and Exercise Reporting Worksheet) identifying training and exercises completed during the quarter. Guidance for accomplishing these requirements is provided by the Recipient. F. Upon request, the Subrecipient must provide to the Recipient information necessary to meet any state or federal subaward reporting requirements. FY 2018 EMPG County of Oakland Page 3 of 8 G. In the event that DHS determines that changes are necessary to the award document after an award has been made, including but not limited to changes to the 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 Subrecipient acceptance of the changes to the award. IV. Responsibilities of the Stibrecipient 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. The Subrecipient agrees to comply with all applicable federal and state regulations; the FY 2018 EMPG NOFO, located at: vvww.fema.gov/grants; the Agreement Articles Applicable to Subrecipients: Fiscal Year 2018 Emergency Management Performance Grants, included with the grant agreement package for reference; and the EMPG Guidebook (EMD-PUB 208), located at vvww.michigan.gov/emhsd under Grants Programs & Publications. 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 D. Complete and submit quarterly work reports, the Quarterly Training and Exercise Worksheet, and the Annual Training and Exercise Plan Worksheet in accordance with the schedule outlined in the FY 2018 EMPG Work Agreement/Quarterly Report (EMHSD-31). E. Enact enabling legislation establishing the local emergency management program and ensure a copy of the local resolution or ordinance is on file with the Recipient. F. Appoint an emergency management program manager who is able to assume responsibility for the functions outlined in section 4 of the EMPG Guidebook. • G. Provide the Recipient with a complete job description for the federally funded EMPG local emergency manager, including non-EMPG duties. H. Notify the Recipient immediately of any changes in the EMPG funded local emergency manager's position. I. The Subrecipient will contribute to the development and maintenance of the state's multi-year Training and Exercise Plan (TEP). This will include conducting exercises that comply with local, state, and federal requirements, including the Homeland Security Exercise and Evaluation Program (HSEEP) and the EMPG Guidebook, to accomplish this goal. J. Ensure the EMPG funded local emergency manager completes specific training as required by the annual EMPG Work Agreement. K. Have an approved and current emergency operations plan on file with the MSP/EMHSD District Coordinator. L. The Subrecipient agrees to prepare the form EMD-007 EMPG Expenses Claimed for Local Program Contributions. This form is also referred to as the EMPG Quarterly Billing. The Subrecipient agrees to submit this form with supporting documentation, including all required authorized signatures and required FY 2018 EMPG County of Oakland Page 4 of 8 reimbursement documentation, to the appropriate District Coordinator by the due date following the end of each quarter, as identified in FY-2018 Emergency Management Report Schedule. The most current EMD-007 form must be used and can be obtained from the District Coordinator. M. 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: 1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. 2. Retain all financial records, statistical records, supporting documents, and other pertinent materials for at least three years after the grant is closed by the awarding federal agency for purposes of federal and/or state examination and audit. 3. 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. N. 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 Department of Homeland Security (DHS) program specific reporting requirements. 0. Maintain a valid Data Universal Numbering System (DUNS) number and an active SAM registration with current information at all times during the performance period of this grant. P. 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 DHS Standard Administrative Terms and Conditions located at https://www.dhs.gov/publication/fy15- dhs-standard-terms-and-conditions, specifically in the DHS Specific Acknowledgements and Assurances on pages 1. V. 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 Subrecipient 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). VI. Reporting Procedures A. The Subrecipient agrees to prepare quarterly work reports using the FY 2018 EMPG Work Agreement/Quarterly Report (EMHSD-31) and submit them through EMHSD's online reporting tool by the due date following the end of each quarter. Reimbursement of expenditures by the Recipient is contingent upon the Subrecipient's completion of scheduled work activities. FY 2018 EMPG County of Oakland Page 5 of 8 B. If the Subrecipient fails to complete the scheduled work activities during a quarter, the Recipient will withhold reimbursement until either the work is completed, or the Deputy State Director of Emergency Management and Homeland Security approves a delay in the completion of the activity, Forfeiture of funds may result if scheduled work activities are not completed according to established deadlines. C. A Subrecipient that fails to complete the annual exercise requirements, as scheduled within the FY 2018 EMPG Work Agreement/Quarterly Report, may be ineligible for EMPG funding for that quarter and all subsequent quarters. D. The Subrecipient's failure to fulfill the quarterly reporting requirements, as required by the grant, may result in the suspension of grant funding. E. Reporting periods and due dates are listed in the FY 2018 EMPG Work Agreement/Quarterly Report (EMHSD-31) located at www.michigan.gov/emhsd under Grants Programs & Publications, EMPG Publications. VII. Payment Procedures A. The Subrecipient agrees to prepare the form EMD-007 EMPG Expenses Claimed for Local Program Contributions. This form is also referred to as the EMPG Quarterly Billing. The Subrecipient agrees to submit this form with supporting documentation, including all required authorized signatures and required reimbursement documentation, to the appropriate District Coordinator by the due date following the end of each quarter, as identified in FY-2018 Emergency Management Report Schedule. The most current EMD-007 form must be used and can be obtained from the District Coordinator. B. If the Subrecipient submits required quarterly reports that are late or incomplete, the reimbursement may not be processed until the following quarter. Forfeiture of funds may result if quarterly reports are not completed according to established deadlines. C. The Subrecipient agrees to return to the Recipient any unobligated balance of funds held by the Subrecipient at the end of the agreement period or handle them in accordance with the instructions provided by the Recipient, VIIL 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 III of the Americans with Disabilities Act of .1990; the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq.; the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 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 Subrecipient for projects related to this grant agreement appears on the Federal Excluded Parties List System located at https://www.sarn,gov. FY 2018 EMPG County of Oakland Page 6 of 8 IX. Limitation of Liability The Recipient and the Subrecipient to this grant agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity for either party. X. Third Parties This grant agreement is not intended to make any person or entity, not a party to this grant agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor, Xl. Grant Agreement Period This grant agreement is in full force and effect from October 1, 2017 to September 30, 2018. 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 and the effective date, or upon the failure of either party to carry out the terms of the grant agreement. Upon any such termination, the 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. XII. Entire Grant Agreement This grant agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between 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 make satisfactory progress toward the goals or objectives set forth in the annual EMPG Work Agreement. D. Failure to follow grant agreement requirements or special conditions. E. Failure to submit required reports, F. Filing of a false certification in the application or other reports or documents. Before taking action, the Recipient will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIII. 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 FY 2018 EMPG County of Oakland Page 7 of 8 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. XIII. 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 2018 EMPG County of Oakland Page 8 of 8 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 Subrecipient agrees to complete all requirements specified in this grant agreement. Subrecipient Name Subrecipients DUNS Number For the Chief Elected Official Printed Name Title Signature Date For the Local Emergency Manager Printed Name Title Signature Date For the Recipient (Michigan State Police, Emergency Management and Homeland Security Division) Capt. Emmitt McGowan, Commander Printed Name Deputy State Director of Emergency Management and Homeland Security Title 8/20/18 Signature Date STANDARD ASSURANCES OMB APPROVAL NO. 1121-140 EXPIRES 5/31/2019 The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including 2 C.F.R. Part 2800 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards by the Department of Justice), and Ex. Order 12372 (intergovernmental review of federal programs). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-I et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subrecipients or contractors to comply) with any applicable nondiscrimination provisions, 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 Violence Against Women Act (42 U.S.C. § 13925(b)(13)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); the Rehabilitation Act of 1973 (29 U.S.C. § 794); 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). It will also comply with Ex. Order 13279, Equal Protection of the Laws for Faith-Based and Community Organizations; Executive Order 13559, Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations; and the DOJ implementing regulations at 28 C.F.R. Part 38. 7. If a governmental entity— a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C-§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature Date U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants Should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, 'New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace (Grants)," The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 or the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," In accordance with Its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the 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 67, Section 67.510- A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated In paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and S. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- 0..JP FORM 4061/6 (3-91) REPLACES 03P FORMS 4061/2, 406113 AND 4061/4 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 drug in the violation of a criminal statute occurring workplace no later than five calendar days after such conviction; Check 0 if there are workplaces on file that are not indentified (e) Notifying the agency, in writing, within 10 calendar days here. after receiving notice under subparagraph (d)(2) from an Section 87, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a Stale may elect to make one certification in each Federal Employers of convicted employees must provide notice, including fiscal year. A copy of which should be included with each ap- position title, to; Department of Justice, Office of plication for Departrrient 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 State has elected to complete OJP Form 4061/7. (f) Taking one of the fallowing actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who Is so convicted— DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988, and requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, for grantees, as (2) Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses- 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), B. If convicted of a criminal drug offense resulting from a (c), (d), (e), and (f). violation occurring during the conduct of any grant activity, I B. The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days site(s) for the performance of work done in connection with of the conviction, to: Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 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 certifications. 1. Grantee Name and Address: 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date 1US. Government Pdnfing Office: 1996 - 405.037/40014 EMD-053 (04/2018) MICHIGAN STATE POLICE Emergency Management and Homeland Security Division AUTHORITY: MCL 30.407a and 2 CFR Part 200, Subpart F; COMPLIANCE: Voluntary, but necessary to be considered for grant assistance. AUDIT CERTIFICATION 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. Subrecipients MUST submit a copy of their audit report for each year they meet the funding threshold to: Michigan State Police, Grants and Community Services Division, P.O. Box 30634, Lansing, Michigan 48909. '",'PlO' l'E 4,, i ••1,•,43.0.- r..1,:',,,,I..;—',.:, 1,,I. ,..ii";,-,1 Al. I-, Program Name CFDA Number .t ,- A.' t'l• '1 . ,r 4;41,,,,,A,4- g',..1,•"-,{ -m4,- i ,,,, 'I' q ,,i VRII-r 1, 'Ir ' r- • ,:".4d II : . i ,-.1+ 4 J I I, ' .J: 1..-0 SubrecIpient Name Street Address City State ZIP Code „ , l', ,,I r ., •.n 4'''Lr rir-' I !Gqr#9.13:19/Pril §, [1- ,,,t „, ''' 1, 7 I - 1 .1 •4 " ' -4' ell , 1 , 1 i 4 , ' [ ' P ri 1 :IT--i kit, krii, Subrecipient Fiscal Year Period: to . be required to have an audit performed under 2 to have an audit performed under 2 CFR Part A copy of the audit report will be submitted Michigan 48909. CFR Part 200, 200, Subpart to: Michigan Date Subpart F, F, during at State Police, El I certify that the Subrecipient shown above does NOT expect it will for the above listed program, El I certify that the subrecipient 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 Subrecipient's Authorized Representative Submit audit report to: Michigan State Police Grants and Community Services Division P.O. Box 30634 Lansing, Michigan 48909 Submit this completed audit certification form and return with your grant agreement to: Michigan State Police Emergency Management and Homeland Security Division P.O. Box 30634 Lansing, Michigan 48909 . Form lAr-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 Instructions on page 2. 1 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: El Individual/sole proprietor or 1111 C Corporation 0 S Corporation 0 Partnership • Trust/estate single-member LLC O Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P =partnership) lb- Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. • Other (see instructions)* 4 Exemptions (codes apply only to certain entities not individuals; see Instructions on, page 3): Exempt payee code (if any) Exemption from FATCA reporting code (If any) oppiirs to accounts morrvrene8 outoke the U.S,) 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) 6 City, state, and ZIP code 7 List account number(s) here (optional) Part I Taxpayer Identification Number (T N) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social 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 entities, it is your employer identification number (EIN). If you do not have a number, see How to get a I — 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 F.T1111 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this 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. Sign Here Signature of U.S. person Date 0.• General Instructions 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 it) is at www.Irs.govilw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to The an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (MN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, Including those from stooks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stook or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 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 a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. Sec What is backup withholding? on page 2. By signing the filled-out form, you 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not sutirect 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 of effectively connected income, and 4. Certify that FATCA code(s) entered on this fonn (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further Information. Cat. No. 10231X Form W-9 (Rey. 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 otherthan Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a 11.5, person, For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 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 not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a US. person that is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 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 and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the 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 not the beneficiaries 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 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five Items: I. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 6, Sufficient facts to justify the exemption from tax tieder the terms of the treaty article, Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated AprIl 30, 1984) allows the provisions of Article 20 to continuo to apply even after the Chinese student becomes a resident alien of the United States, A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8231 Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withheld and pay to the IRS 26% 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 boat operators. Real estate transactions are 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 be subject to backup withholding it: 1, You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II Instructions on page 3 for details), 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate instructions for the Requester of Form W-9 for more information. 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 United States persons. Certain payees are exempt from FATCA reporting. Sea Exemption from PATCA 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 information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person, For example, you may need to provide updated Information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. in addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies, Penalties Failure to furnish TIN. If you fait to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty, Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TiNs. If the requester discloses or uses TiNs In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line You must enter one of the following on this line; do 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 Part I of Form 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 name, the last name as shown on your social Security card, and your new last name. Note. iTIN applicant: Enter your individual name as it was entered on your Form W-7 application, line le. This should also bathe same as the name you entered on the Form 1040/1040A/1040EZ you fried with your application. b. Sole proprietor or single-member LLC. Enter your Individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DSA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C Corporation, or S 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. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charier or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. 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(0)(2)(11i). Enterthe owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. 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 of the disregarded entity is a foreign person, the owner must complete an eppropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Form W-9 (Rev. 12-2014) Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on tine 2. Line 3 Check the appropriate box In line 3 for the U.S. federal tax classification of the person whose name is entered on line 1, Check only one box in line 3. Limited Liability Company (LLC). lithe name on 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. lithe LLC has filed Forrn 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and in the space provided enter "C" for C corporation or "S" for S corporation. If it is a single-member LW that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 Individual/sole proprietor or single-member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate -space in tine 4 any code(s) 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 and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions, • Corporations are not exempt from backup withholding with respect 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 IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of lts agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its poetical 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, or a U.S. commonwealth or possession 7-i-A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act 0( 1940 10—A common trust fund operated by a bank under section 584(a) 11 —A financial institution 12—A middleman known in the Investment community as a nominee or custodian 10—A trust exempt from tax under section 664 or described in eeotion 4947 The fottowing 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 far. ... THEN the payment is exempt for ... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through It and all C corporations. 5 corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 5' Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 See Form 1099-MtSC, Miscellaneous Income, and Its Instructions. 'However, the following payments made to a corporation and reportable on Form 1099-misc are not exempt from baokup withholding; medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), 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 FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, 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-9 with "Not Applicable" (or any similar Indication) written or printed on the tine for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or Instrumentalities C—A state, the District of Columbia, e U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(o)(1)(1) E—A corporation that is a member of the same expanded affiliated group as corporation described In Regulations seatiori 1.1472-1(c)(1)(I) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that Is registered as such under the laws of the United States or any state G—A real estate investment trust 11—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J —A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—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 should 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 I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (lTIN). Enter it In the social security number box. If you do not have an ITIN, see How to gets TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you Use your SSN. If you are a single-member LLC that Is disregarded as an entity separate from Its owner (see Limited Liability Company (LLC) on thiS page), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's El el, If the LLC Is olassified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations, How to get a TIN. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form 58-5, Application for a 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 W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EiN online by accessing the IRS website at www.irs.govibusinesses and clicking on Employer identification Number (BIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not haves TIN, apply for a TIN and 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 "Applied Foe' means that you have already applied for a TIN orthat you Intend to apply for one soon, Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Form W-9 (Rev. 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 I should sign (when required). In the case of a disregarded entity, the person identified on line 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 not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification, You may cross out Item 2 of the certification. 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 torrents, royalties, goods (otherthan bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and grass proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer !VISA or HSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this -type of account Give name and SSN of: 1. individual 2. Toro or more individuals (joint account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or disregarded entity owned by an Individual 6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) The individual The 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 name and EIN of: 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 2553 10. Association, club, religious, charitable, educational, or other tax- exempt organization 11. Partnership or multi-member LLC 12. A broker or registered nominee 13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form 1041 Ring Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) $)) 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 person whose number you furnish. If only one person on a joint account has err SSN, that person's number must be furnished. Circle the minor's name and furnish the minor's SSN. 'You must show your individual name end you may also enter your business or DOA name an the "Business name/disregarded entity" name lino. You may use ether your SSN or EIN Of you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. Po not furnish the TIN of the personal representative or trustee unless the legal entity itself Is not designated 1ntho account title.) Also see Special rubs for partnerships on page 2. 'Nets. Grartor also must provide a Form VV-9 to trustee of trust • Note, If no name Is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to gets job or may files tax return using your SSN to receive a refund. To reduce your risk; • Protect your SSN, • Ensure your employer is protecting your SON, and • Be careful when choosing a tax preparer. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039, For more information, see Publication 4535, identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAO by calling the FAS toll-free case intake line at 1-877-777-4778 or TTY/FDD 1-800-829-4059. Protect yourself from suspicious smells or phishing schemes. PhIshing is the creation and use of email and websites designed to mimic legitimate business emalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user Into surrendering private information that will be used for Identity theft. The IRS does not initiate contacts with taxpayers via °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 lobe from the IRS, forward this message to phlehingOiragov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury inspector General for Tax Administration (TIGTA) at 1400-366-4454. You can forward suspicious entails to the Federal Trade Commission at: spam@uce.gov or oontaet them at wvvw.ftc.govfidtheft or 1-877-IDTH EFT (1-877-438-4338). Visit IRS.gov 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 returns 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 a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to files 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. Agreement Articles Applicable to Subrecipients Fiscal Year 2018 Emergency Management Performance Grants Article I - Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310, Article II - Use of OHS Seal, Logo and Flags All recipients must obtain permission from their financial assistance office, prior to using the DHS 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 III - 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, §§ 175§ 175c. Article IV - 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 V - 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 VI - Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 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 VII 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 by 22 U.S.C, section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference in the award terms and conditions. Article VIII - 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 IX - 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 X - 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 award terms and conditions. Article XI - 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 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XII - 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 35 U.S.C. § 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. § 401.14. Article XIII - 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 XIV - 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 XV - Lobbying Prohibitions All recipients must comply with 31 U.S.C. § 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 XVI - Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964 (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 DHS Recipient Guidance https://www.dhs.gov/guidance-published-help-department-supported-organizations- provide-meaningful-access-people-limited and additional resources on http://www.lep.gov . Article XVII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, 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. 2225. Article XVIII - 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. § 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. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. 2 Article XIX - Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (Pil) 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 Pll 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 DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Article XX - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and Ill 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 entities. (42 U.S.C. §§ 12101- 12213). Article XXI - Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance Article XXII - 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 XXIII - 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 XXIV - 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. 13613, 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 XXV - Federal Debt Status All 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 XXVI - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729-3733 which prohibits the submission of false or fraudulent claims for payment to the Federal Government. See 31 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Article XXVII - Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XXVIII - 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. § 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 3 Article XXIX - 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( - Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. section 8101 et seq.), which requires all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3001, which adopts the Government-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8107). Article XXXI - Debarment and Suspension All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, arid contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXII - Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Article XXXII! - Civil Rights Act of 1968 All recipients must comply with Title 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. § 3601 et seq.), as implemented by the Department of Housing 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. § 100.201). Article XXXIV - 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. § 2000d et seq.), 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 XXXV DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1.Recipients must cooperate with any compliance reviews or compliance investigations conducted by OHS. 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 federal financial assistance 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 OHS officials and maintain appropriate backup documentation to support the reports. 4 4.Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance, 5.1f, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the OHS FAO and the OHS 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 courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the OHS FAO 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 XXXVI - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DI-IS financial assistance recipients must complete either the OMB Standard Form 424B 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. OHS 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 )00(1/11 — National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create arid maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXVIII — Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by OHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participation of faith-based organizations in individual OHS programs. Article XLI — 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/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article XLII — Buy American and Hire American All recipients are required to comply with any applicable provisions of the Buy American Act (41 U.S.C. Sections 8301 A, 8305), and any other applicable statues, regulation, or rules that reuired, or provide a preference for, the purchase or acquisition of goods, products, or material produced in the United States. 5 FISCAL NOTE (MISC. #18323) September 27, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION — EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2018 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 resolution authorizes the acceptance of a grant award from the State of Michigan in the amount of $61,221 with a 50% grant match of $61,221 for a total of $122,442. 2. The FY 2018 Emergency Management Performance Grant (EMPG) will be used for the continuing development and maintenance of a countywide emergency management program capable of protecting life, property, and vital infrastructure in times of disaster or emergency. 3. This is the 46th year of grant acceptance for this program. 4. The funding period is October 1, 2017 through September 30, 2018. 5. The FY 2018 EMPG award funds a portion of the salary and fringe benefits for the Homeland Security Manager position (1060601-09864). 6. The required grant match of $61,221 is comprised of the Manager of Homeland Security salary and available in the FY 2018 Homeland Security budget. 7. The FY 2018 Budget is amended to reflect the grant award as follows: GENERAL FUND (#10100) Bud Ref: 2018 Analysis: GLB Activity GLB FY 2018 Revenues 1060601-115120-610210-100000001994 Disaster Control Fed Subsidy $11,221 9010101-196030-665882 Planned Use of Balance ($11,221) Total Revenues $ 0 (-: i C mmiss //1.6n., ioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kowall absent. 741/1e1/ Lisa Brown, Oakland County Resolution #18323 September 27, 2018 Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). „.1 I HERE APPFINS)1418 RESOLUTION CHIEF DEPUTY couNTY EXECUTIVE ACTING PURSUANT 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 September 27, 2018, 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 27th day of September, 2018.