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HomeMy WebLinkAboutResolutions - 2002.12.12 - 26765MISCELLANEOUS RESOLUTION #06 14 December 12, 2002 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRMAN IN RE: COUNTY EXECUTIVE EMERGENCY RESPONSE AND PREPAREDNESS — 2002 STATE DOMESTIC PREPAREDNESS EQUIPMENT GRANT (SDPEG) ACCEPTANCE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of State Police, Emergency Management Division, has received funding through a federal grant to provide equipment to local governmental agencies for emergency response; and WHEREAS an Oakland County Needs Assessment was conducted for the State in 2001 for future grant funds in accordance with the Michigan Three-Year Domestic Preparedness Strategy; and WHEREAS THE State of Michigan has awarded Oakland County $301,790 for equipment and an additional award of $4,500 for exercises for the 2002 State Domestic Preparedness Program Grant; and WHEREAS the purpose is to provide funds for the purchase of specialized emergency response equipment and begin an exercise program to enhance the basic defensive capabilities of the County to respond to an incident of domestic terrorism or incident involving weapons of mass destruction; and WHEREAS this grant is one 100% federal pass through funded with no county match; and WHEREAS the grant agreement has been processed through the County Executive Contract Review and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in the amount of $301,790 for equipment and $4,500 for exercises. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PiLA3L4 SERVICES GMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with McPherson, Obrecht, Garfield and Sever absent. OAKLAND COUNTY EMERGENCY RESPONSE AND PREPAREDNESS EXECUTIVE SUMMARY STATE DOMESTIC PREPAREDNESS EQUIPMENT GRANT 2002 BACKGROUND The threat of biological and chemical attacks to the United States population is increasing. With the event of 9/11 and anthrax incidents, more than at any other time in history, terrorists may act on a variety of motives. They have easy access to weapons of mass destruction including an assortment of chemical or biological agents. A release of an agent strategically placed in a location where a large number of people are present or pass though, could have a tragic affect. Our community's emergency responders have had training in hazardous materials ranging from first responder awareness to operational level response at the technician and specialist levels. However, special protection, detection, and other equipment are required to enable a safe response to such incidents. GRANT In 1999, Oakland County received funding in a maximum amount of $300,000. The grant funded personal protection, detection, and communication equipment to enhance local basic defensive capabilities. An Oakland Needs Assessment was conducted for the State in 2001 for future grant funds in accordance with the Michigan Three-Year Domestic Preparedness Strategy. The Michigan Department of State Police, Emergency Management Division, submitted the Strategy to the Department of Justice and has received funding for a second year through a federal grant to provide equipment to city and county governmental agencies for emergency response. Earlier this year Oakland County received pass-through funding at a maximum of $164,755 for equipment. We have been notified that we are again on a list of eligible jurisdictions to receive pass-through funding at a maximum of $301,790 for equipment and $4,500 for exercises. The grant period is October 1, 2002 to December 31, 2003. 11/1/02 3 Linda Pearson • From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Monday, November 18, 2002 4:46 PM To: . Novak, Gail; Sturm, Michael; VanLeuvenj; Pearson, Linda; Frederick, Candace Subject: CONTRACT REVIEW- Emergency Response and Preparedness RE: CONTRACT REVIEW - Emergency Response and Preparedness GRANT NAME: 2002 State Domestic Preparedness Program FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail Novak - 85080 STATUS: Acceptance DATE: November 18, 2002 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: Approved - Laurie Van Pelt (5 Nov 2002) Personnel Department: I approve - Judy Eaton (4 Nov 2002) Risk Management and Safety: Approved. - Stan Fayne (4 Nov 2002) Corporation Counsel: After reviewing this grant contract, there appear to be no outstanding legal issues that require additional action or resolution. However, the .copy of the grant contract that I reviewed has several documents accompanying it, including a signoff for the ekistence or submittal of • an Equal Employment Opportunity Plan,- certifications regarding lobbying, debarment and related issues, and several other items. Many of these typically accompany the grant application, but here, these must all be completed before the contract is submitted to the state. I am not sure who is responsible for ensuring that all these documents are signed. Please advise. - Karen Agacinski (18 Nov 2002) 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 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. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division State of Michigan 2002 STATE DOMESTIC PREPAREDNESS PROGRAM GRANT AGREEMENT October 1, 2002 through December 31, 2003 CFDA Number - 16.007 This State Domestic Preparedness Program Grant (SDPP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management Division, hereinafter called the Subgrantor, and County of Oakland hereinafter called the Subgrantee. I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Suberantee for the procurement of specialized emergency response equipment and conducting exercising that will enhance the basic defensive capabilities of the state to respond to an incident of domestic terrorism or incident involving weapons of mass destruction. Grant funds are allocated in accordance with the Michigan Three-Year Domestic Preparedness Strategy. Objectives The principal objectives of this Grant Agreement are to provide financial assistance:• A. For the purchase of specialized equipment and the conduct of exercises to enhance the capability of state and local agencies to respond to incidents of terrorism involving the use of chemical and biological agents, as well as radiological and explosive devices. B. To ensure standardization and interoperability of the specialized equipment. DI. Statutory Authority Funding for the 2002 SDPP is supported by Public Law 107-77, 107-117, and 107.56. The Subgrantee agrees to comply with all program requirements in accordance with the SDPP, Office of Management and Budget Circulars A-87, A-102, and A-133, and applicable state and federal laws and regulations. IV. State Domestic Preparedness Program Award Amount and Restrictions The equipment award for the Subgrantee is $301,790 and the exercise award is $4,500.00. This Grant Agreement designates SDPP funds for reimbursement of items listed on the 2002 SDPP Approved Supplies and Equipment List and the 2002 SDPP Authorized Exercise Cost List. Grant Agreement funds shall not be used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the Grant Agreement period. The funds must supplement, not supplant, state or local funds. The Subgrantee is not required to provide any matching funds under this grant program. 2002 SDPP Approved Page 1 of 4 2002 State Domestic Preparedness Program Grant Agreement between the State of Michigan and County of Oakland Supplies and Equipment List and the 2002 SDPP Authorized Exercise Cost List are incorporated by reference into this Grant Agreement. V. Responsibilities of the Subgrantee The Subgrantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this SDPP Grant Agreement, Subgrantee shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by reference into this Grant Agreement: 1) Assurances (02 Form 4000/3) 2) Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and drug-Free Workplace Requirement (01P Form 4061/6) 3) Audit Certification Form 4) Request for Taxpayer Identification Number and Certification, Form W-9 5) Other documents that may be required by federal or state officials. B. Comply with requirements to submit an Equal Employment Opportunity Plan (EEOP), if applicable, to the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 5107, Washington, D.C. 20531 within 60 days of the date of this award. Failure to submit an acceptable EEOP (if Subgrantee is required to submit one pursuant to 28 CFR Section 42.302) that is approved by the Office of Civil Rights, is a violation of the Subgrantee's Certified Assurances and may result in funds from the award being frozen, until such time as the Subgrantee is in compliance. C. Obtain prior written approval from the Subgrantor before using grant funds to purchase items not on the 2002 SDPP Approved Supplies and Equipment List. D. Purchase approved supplies and equipment and conduct all exercises by December 31, 2003. E. Submit the Request for Reimbursement forms and required documentation to the Subgrantor for reimbursement of eligible expenses by January 30, 2004. F. Comply with applicable financial and administrative requirements set forth in the current edition of "U.S. Department of Justice Financial Guide" including 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, supporting documents, statistical records, and all other records pertinent to the SDPP for at least three years after the final grant report, for purposes of federal or state examination and audit. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular, A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as further described in OJP's "Financial Guide," Chapter 19. If an audit is required, submit a copy of the annual audit report to Financial Services Section, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823. VI. Responsibilities of the Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will: - A. Administer the SDPP in accordance with all applicable federal and state regulations and guidelines. B. Provide direction and technical assistance to the Subgrantee. C. Provide any special report forms and reporting formats required by the Subgrantor for operation of the program. D. Reimburse the Subgrantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Subgrantee. (3) Page 2 of 4 2002 State Domestic Preparedness Program Grant Agreement between the State of Michigan and County of Oakland E. Conduct at least one on-site review with the Subgrantee to inspect equipment and financial documents. VII. Payment and Reporting Procedures A. The Subgrantee agrees to prepare the Request for Reimbursement Forms and submit them to the Subgrantor with supporting documentation. The documentation requirement can be met by submitting an approved purchase order, invoice, sales receipt, and payroll registers, etc B. If the Request for Reimbursement was supported by a purchase order instead of an invoice or sales receipt, after the vendor has been paid, the Subgrantees shall also provide the Subgrantor with adequate documentation to show the items were received and the bills were paid. C. The Subgrantee agrees to return to the Subgrantor any unobligated balance of funds held by the Subgrantee at the end of the Grant Agreement period or handle them in accordance with the instructions provided by the Subgrantor. VIII. Employment Matters Subgrantee shall comply with the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Michigan Handicappers' Civil Rights Act, 1976 PA 200, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Grant Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantee agrees to include in every subcontract entered into for the performance of this Grant Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement. Subgrantee shall ensure that no subcontractor, manufacturer or supplier of Subgrantee on this Project appears in the register compiled by the Michigan Department of Labor pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (Employers Engaging in Unfair Labor Practices Act). LX. Limitation of Liability Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. 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. M. Grant Agreement Period This Grant Agreement is in full force and effect from October 1,2002 through December 31, 2003. This Grant Agreement consists of two identical sets that may be simultaneously executed, each of which shall be deemed to be an original having identical legal effect. No costs eligible under this Grant Agreement shall be incurred before the Page 3 of 4 2002 State Domestic Preparedness Program Grant Agreement between the State of Michigan and County of Oakland starting date of this Grant Agreement except with prior written approval. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use and Subgrantee shall have no further obligation to make payments. XII. Entire Grant Agreement This Grant Agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between Subgrantor and Subgrantee, whether expressed, implied or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Paragraph XI above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well of changes of address or personnel affecting this Grant Agreement. Changes in dates, budget or services are subject to prior written approval of Subgrantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. XIII. Official Certification 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 responsible governing board, official, or agency. Subgrantee further certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this grant by any federal department or agency. If Subgrantee is unable to certify to any portion of this statement, Subgrantee shall attach to this Grant Agreement an explanation of the reason. For the Subgrantee Printed Name Title Signature Date For the Subgrantor: Deputy State Director of Emergency Management Title October 14, 2002 Date Page 4 of 4 CERTIFICATION Grant Title: Grantee Name: Address: Contact Person: Tel.#: Grant Number: Award Amount: Date and effective duration of EEOP: Policy Statement: CERTIFICATION (EEOP ON FILE) Certification Statement: [executive officer], certify that the [organization] has formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, etg., subpart E, that it has been signed into effect by the proper authority and disseminated to all employees, and that it is on file in the Office of [name], [address], [title], for review or audit by officials of the cognizant State planning agency or the Officefor Civil Rights, Office of Justice Programs as required by relevant laws and regulations. [signature] [title] [date] CERTIFICATION (NO EEOP REQUIRED) I HEREBY CERTIFY THAT THE FUNDED ENTITY HAS LESS THAN 50 EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN EEOP, PURSUANT TO 29 CFR 42301, ET SEQ. Isi,gnaturel [title] [date] OMB Approval No. 1121-0140 Expiration Date: 09/30/2002 Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete and file this certification is 15 minutes per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Office of Justice Programs, Office for Civil Rights, 810 7 th Street N.W., Washington, D.C. 20531. Date lb OMB APPROVAL NO. 1121-0140 EXPIRES: 1/31/96 ASSURANCES ; The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements-28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all under- standings and assurances contained therein, and directing and authorizing the person identified as the official represen- tative of the applicant to act in connection with the application and to provide such additional information as may be re- quired. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisi- tions Act of 1970 P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Fed- eral and federally-assisted programs. 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if appli- cable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or give the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, busi- ness, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. • 7. It will comply with all requirements imposed by the Federal Sponsoring agency conceming special requirements of law, program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed in the Environmental protection Agency's (EPA-list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communica- tion from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisi- tion purposes for use in any area that had been identified by the Secretary of the Department of Housing and Urban Devel- opment as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disas- ter assistance loan or grant, or any other form of direct or indirect Federal assistance. 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act - of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclu- sion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provi- sions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regula- tions. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Sys- tems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of De- partment of Justice Programs and Activities; Part 42, Nondis- crimination/Equal Employment Opportunity Policies and Pro- cedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regu- lations applicable to Federal Assistance Programs. 13. It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Con- trol and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans With Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regu- lations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimina- tion, 28 CFR Part 35 and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982(16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Re- sources System. Signature OJP FORM 4000/3 (Rev. 1-93) PREVIOUS EDMONS ARE OBSOLETE. ATTAr.1-1KAFKIT 171 F-49t1 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBIUTY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a 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 RESPONSIBIUTY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. 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— I I OW FORM 4061/6 (3-91) REPLACES OW FORMS 4061/2.4061/3 AND 4061/4 WHICH ARE OBSOLETE. 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her cr,nviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, tl W.; Washington, D.C. 20531. Notice shall include the iden- tAcation number(s) of each affected grant; Taking one of the following actions, within 30 calendar clays of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check 0 if there are workplaces on file that are not indentified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check 0 if the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE 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. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date Check appropriate box: E3 Individual/Sole proprietor Address (number. street, and apt. or suite no.) Corporation 0 Partnership Other 10: Requester's name and address (optional) Please print or type Business name, if different from above. (See Specific Instructions on page 2.) Part I Taxpayer Identification Number (TIN) List account number(s) here (optional) Social security number 11414111 11-11111 -1 Or Employer identification number For U.S. Payees Exempt From Backup Withholding (See the instructions on page 2.) Part I Signature of U.S. person • Sign Here Date • Form W-9 (Rev. December 2000) 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. Name (See Specific Instructions on page 2.) City, state. and ZIP code Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 2. Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter. Part III 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 (15) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). 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 2 :-.) Purpose of Form A person who is required to file an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If you are a foreign person, use the appropriate Form W-8. See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Corporations. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. What is backup withholding? Persons making certain payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This is called "backup withholding." Payments that may be subject to backup withholding include interest dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. 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 not be subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or 2. You do not certify your TIN when required (see the Part III instructions on page 2 for details), or 3. The IRS tells the requester that you furnished an incorrect TIN, or 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 the Part II instructions and the separate Instructions for the Requester of Form W-9. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for 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. Form W-9 (Rev. 12-2000) Cat. No. 10231X Form W-9 (Rev. 12-2000)- Page 2 Specific Instructions Name. If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first and then circle the name of the person or entity whose number you enter in Part I of the form. Sole proprietor. Enter your individual name as shown on your social security card on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). If you are a single-member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Other entities. Enter your business name as shown on required Federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Part I—Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However. the IRS prefers that you use your SSN. If you are an LLC that is disregarded as an entity separate from its owner (see Limited liability company (U_C) above), and are owned by an individual, enter your SSN (or "pre-LLC" EIN, if desired). lithe owner of a disregarded LLC is a corporation, partnership. etc., enter the owner's EIN. Note: See the chart on this page for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN. get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office. Get 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 get Forms W-7 and SS-4 from the IRS by calling 1-800-TAX-FORM (1-800-829-3676) or from the IRS's Internet Web Site at www.irs.gov. If you do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest 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: Writing "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Part II—For U.S. Payees Exempt From Backup Withholding Individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments. such as interest and dividends. For more information on exempt payees, see the separate Instructions for the Requester of Form W-9. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Enter your correct TIN in Part I. write "Exempt" in Part II, and sign and date the form. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. Part III—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, 3, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). 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 for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attomeys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified state tuition program payments. IRA or MSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to give your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA or MSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 31% of taxable interest. dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. What Name and Number To Give the Requester For this type of account Give name and SSN of 1. Individual The individual 2. Two or more The actual owner of the individuals Ooint account or, if combined account) funds, the first individual on the account ' 3. Custodan account of The minor ' a minor (Uniform Gift to Minors Act) 4. a. The usual The grantor-trustee ' revocable savings trust (grantor is also trustee) b. So-called trust The actual owner ' account that is not a legal or valid trust under state law 5. Sole proprietorship The owner 3 For this type of account Give name and EIN of: 6. Sole proprietorship The owner' 7. A valid trust, estate, or Legal entity 4 pension trust 8. Corporate The corporation 9. Association, club, The organization religious, charitable. educational, or other tax-exempt organization 10. Partnership The partnership 11. A broker or registered The broker or nominee nominee . 12. Account. with the The public entity 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 Ust first and circle the name of the person whose number you furnish. If only one person on a joint account has an 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, but you may also enter your business or -DBA' name. You may use either your SSN or EIN (if you have one). 'List first and circle the name of the legal trust, estate, or pension trust. (Do not furrish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) 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. EMD-48 (03/01) MICHIGAN STATE POLICE Emergency Management Division FY 2002 STATE DOMESTIC PREPAREDNESS PROGRAM AUDIT CERTIFICATION Federal Audit Requirements Fiscal Years Beginning After June 30, 1996 Non-federal organizations which expend $300,000 or more in federal funds during their fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget (OMB) Circular A-133. Department of Justice Subgrantees must submit a copy of their audit report to: Financial Services Section, Michigan State Police, 714 South Harrison Road, East Lansing, Michigan 48823 for each year they meet the funding threshold. FY 2002 State Domestic Preparedness Program (SDPP) CFDA Number: 16.007 Subgrantee Information Jurisdiction Name: Street Address: City, State, Zip Code: Certification for Fiscal Year Ending (mm/dd/yyyy): (Check appropriate box). I certify that the subgrantee shown above expects it will not be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, for the State Domestic Preparedness Program (SDPP) listed above. I certify that the subgrantee shown above expects it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, during at least one fiscal year when Department of Justice pass-through funds are received for the SDPP listed above. A copy of the audit report will be submitted to: Financial Services Section, Michigan State Police, 714 South Harrison Road, East Lansing, Michigan 48823. (Signature of Subgrantee's Authorized Representative) (Date) Please mail completed form to: Michigan State Police Emergency Management Division 4000 Collins Road P.O. Box 30636 Lansing, Michigan 48909 For MSP-EMID Use Only Reviewed By: Date: Authority: 1976 PA 390, as amended Completion: Voluntary, but completion necessary to be considered for assistance. 16 FISCAL NOTE (MISC. #02314) December 12, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: COUNTY EXECUTIVE EMERGENCY RESPONSE AND PREPAREDNESS - 2002 STATE DOMESTIC PREPARDNESS EQUIPMENT GRANT (SDPEG) 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. Oakland County conducted a Needs Assessment for the State in 2001 for future grant funds in accordance with the Michigan Three-Year Domestic Preparedness Strategy. 2. The County Executive - Emergency Response and Preparedness Division has been awarded $301,790, for the purchase of specialized equipment and an additional award of $4,500 for exercises. 3. The specialized equipment will enhance the capability of state and local agencies to respond to incident of domestic terrorism or incidents involving weapons of mass destruction. 4. The grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. 5. The Fiscal Year 2003 County Executive-Emergency Preparedness Grant budget should be entered, as specified below, to recognize the revenues and expenses of the State Domestic Preparedness Equipment Grant (SDPEG) Grant Agreement for the period of October 1, 2002 through December 31, 2003 as follows: Revenue 1-11-276-100602-65001-0113 Grants - Federal $306,290 Expense 2-11-276-200602-65001-3712 Training Related 2-11-276-200602-65001-3364 Protective Cloth. & Eq. 2-11-276-200602-65001-4101 Expend. Equip. Exp. $ 4,500 148,790 153,000 $306,290 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Dingeldey, Taub and Melton absent. •-1.777.BY ;THE FOREGOING RESOI // aotil G. William Caddell, County Clerk Resolution #02314 December 12, 2002 Moved by Sever supported by Suarez the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). L. Brooks Patterson. ;' Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 December 12, 2002, 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 12th day of December, 2002.