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HomeMy WebLinkAboutResolutions - 2006.04.27 - 28061MISCELLANEOUS RESOLUTION #06086 By: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR THE DEPARTMENT OF HOMELAND SECURITY, STATE OF MICHIGAN 2004 HOMELAND SECURITY GRANT PROGRAM TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U. S. Department of Homeland Security (DHS) for the State Homeland Security Grant Program; and WHEREAS the State of Michigan awarded Oakland County a total of $4,390,666 in 2004 for the State Homeland Security Program during the period of August 1, 2004 through September 30, 2005; and WHEREAS the Michigan Department of State Police Emergency Management and Homeland Security Division has made available grant funding to enhance interoperable communications as part of a redistribution of funds under the 2004 Program; and WHEREAS each eligible program can apply for up to $22,000 per jurisdiction to apply towards interoperable communications equipment purchases; and WHEREAS the Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant for the period of April 1, 2006 to August 31, 2006; and WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant funding from the State of Michigan in an amount up to $22,000. BE IT FURTHER RESOLVED that the chairperson of the 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. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES commn-rEE Gail Novak From: Greg Givens [givensg@co.oakland.mi.us] Sent: Monday, April 03, 2006 10:18 AM To: Doyle, Larry; Novak, Gail; Pearson, Linda Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW - Emergency Response and Preparedness GRANT REVIEW - Emergency Response and Preparedness MAIM GRANT NAME: 2004 Homeland Security Grant Program, Interoperable Communication Equipment (Supplement Funding Contract) FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail Novak / 8-5080 STATUS: Acceptance DATE: April 3, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the comments returned by review departments. Please note the comments from Corporation Counsel. These issues should be considered before submission to the Board for acceptance. Once this is done, 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) tor grant acutpudnu by muaLd Lebuhrtitm. Department of Management and Budget: Approved.- Laurie Van Pelt (3/28/2006) Department of Human Resources: Approved. - Nancy Scarlet (3/31/2006) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (3/30/2006) Corporation Counsel: After reviewing the above referenced Grant Agreement, I would like to bring to your attention the following issues. None of these issues would legally prevent the County from executing this Grant Agreement, but they should be addressed. First, Section V.H.4. addresses FOIA issues and specifically provides that "[a]s a condition of this grant, before releasing any records, sub-grantee agrees to provide to the Department of State Police Emergency Management and Homeland Security, attention Public Information Officer, copies of all FOIA requests relating to the HSGP application or its administration." While this requirement does not pose any immediate legal issues, if the County did not follow this requirement, we would be in breach of the grant agreement. I don't know if we have a system in place that would address this requirement. Again, this does pose a problem with executing the Grant Agreement, but I wanted to make sure everyone was aware of this requirement. Second, the second and third paragraphs of Section VI.F. need to be deleted because they pertain to sub-grantee (County) requirements and this section addresses sub-grantor (State) requirements. Please let me know if you would like me to contact the state regarding the issue in this section. - Jody Hall (3/31/2006) 1 JENNIFER M. GRANHOLM GOVERNOR COL. TADARIAL J. STURDIVANT DIRECTOR STATE OF MICHIGAN DEPARTMENT OF STATE POLICE LANSING March 20, 2006 Mr. Michael Sturm Oakland County 1200 N. Telegraph Road, Dept. 410, Bldg. 47W Pontiac MI 48341 Dear Mr. Sturm: The Emergency Management and Homeland Security (EMHS) Division is pleased to announce an opportunity for local emergency management programs to apply for grant funding to enhance interoperable communications as part of a redistribution of funds under the 2004 Homeland Security Grant Program. Reliable, real time, and adequate wireless interoperable communications is a critical issue for the state of Michigan. Presently, many local public safety responders have difficulties communicating with their counterparts in other jurisdictions or at the regional, state, and federal levels. Additionally, interoperable communications has been identified as one of the National Priorities and improvements will move the state to closer alignment with this priority. Each eligible program can apply for up to $22,000 per jurisdiction to apply towards interoperable communications equipment purchases. Equipment is the only eligible category under this solicitation. The enclosed grant agreement provides additional detail pertaining to the grant. Note: Eligibility confirmation forms will be required for all items purchased with these grant funds. This grant opportunity can be used for equipment and systems to ensure interoperable communications between, and among, emergency service disciplines such as law enforcement, fire, and emergency management to coordinate Chemical, Biological, Radiological Nuclear and Explosive (CBRNE) response operations. Allowable categories include individual/portable radios, software radios, portable repeaters, radio interconnect systems, satellite phones, batteries, chargers and battery conditioning systems; radio interconnect devices; and, aviation and maritime security voice and data transmission equipment. Be aware that all maritime and aviation related purchases require special waivers from the Department of Homeland Security and can be a lengthy process that may not be feasible under the performance period for this grant. Please return either the completed, signed grant agreement or the signed waiver if you do not choose to participate in the additional available grant funds for this program by Friday, April 14, 2006. If we do not receive either of the above by that date, we will assume you are not participating in this available grant opportunity. 4000 COLLINS ROAD • P.O. Box 30636 • LANSING, MICHIGAN 48909-8136 www.michigan.gov/msp • (517) 336-6198 r. State of Michigan 2004 Homeland Security Grant Program Grant Agreement April 1, 2006 to August 31, 2006 CFDA Number: 97.004 This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Sub- grantor), and OAKLAND COUNTY (hereinafter called the Sub-grantee) Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Sub-grantee to enhance communications interoperability across Michigan for preventing, deterring, responding to, and recovering from threats and incidents of terrorism. This will be accomplished by purchasing communications equipment to enhance the capability of State and local agencies to prevent, respond to, and mitigate incidents of terrorism involving chemical, biological, radiological, nuclear, and explosive (CBRNE) weapons. The funding under this grant agreement will be allocated to the Sub-grantee under the State Homeland Security Program (SHSP). II. Objectives The principal objective of this Grant Agreement is to provide financial assistance for allowable costs in the following program area. State Homeland Security Program: lnteroperable Communications Equipment Statutory Authority Funding for the 2004 HSGP is authorized by 1) Public Law 108-90, the Department of Homeland Security Appropriations Act of 2004; 2) Public Law 107-56, the USA Patriot Act of 2001; and 3) Public Law 107-296, the Homeland Security Act of 2002. The Sub-grantee agrees to comply with all program requirements in accordance with the SHSP, Office of Management and Budget Circulars A-87, A-102, and A-133 as revised, located at http://www.whitehouse.gov/omb/circulars/index.html, 28 CFR Part 66 and 28 CFR Part 70, located at http://www.access.gpo.gov/nara/cfr/waisidx_04/28cfrv2_04.html, the U.S. General Accounting Office Government Auditing Standards, located at http://www.gao.gov/govaud/ybk01.htm, the OJP Financial Guide 2005, located at http://www.ojp.usdoj.gov/FinGuide, the Administrative Guide to State Government, located at http://www.michigan.gov/dmb/0,1607,7-150-9131_9347---,00.html, the State of Michigan Financial Management Guide (FMG), located at http://www.michigan.gov/budget/0,1607,7-157-13404_27707-99757--,00.html, the Michigan State Administrative Plan, and all applicable federal and state laws and regulations. IV. Homeland Security Grant Program Award Amount and Restrictions The State Homeland Security Program award for OAKLAND COUNTY is $22,000 based on completion of required elements. This Grant Agreement designates SHSP funds for reimbursement of authorized costs. 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. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit. The Sub-grantee may be required to supply documentation certifying that they did not reduce non-federal funds 2004 HSGP Grant Agreement OAKLAND COUNTY Page 2 of 7 because of receiving federal funds. Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs. Funds provided by this grant are to be used for equipment and systems providing connectivity and electrical interoperability to ensure interoperable communications between, and among, emergency service disciplines such as law enforcement, fire, and emergency management to coordinate CBRNE response operations. The funds must be used to purchase equipment that falls within the following categories: • Individual/portable radios, software radios, portable repeaters, radio interconnect systems, satellite phones, batteries, chargers and battery conditioning systems • Radio interconnect devices/systems • Aviation and maritime security voice and data transmission equipment Equipment purchased outside of the above categories will not be reimbursed by this grant. All Sub-grantees are required to submit eligibility conformation forms to the Sub-grantor and receive approval of said eligibility conformation forms prior to purchasing equipment. Purchases made without prior submission and approval of an eligibility conformation form will not be reimbursed. Note: In an effort -to improve emergency preparedness and response interoperability, all new or upgraded radio systems and new radio equipment shall be compatible with a suite of standards called ANSITTIA/EIAA-102 Phase I (Project 25). These standards have been developed to allow for backward compatibility with existing digital and analog systems and provide for interoperability in future systems. The FCC has chosen the Project 25 suite of standards for voice and low-moderate speed data interoperability in the new nationwide 700 MHZ frequency band. The Integrated Wireless Network (IWN) of the U.S. Justice and Treasury Departments has also chosen the Project 25 suite of standards for their new radio equipment. In an effort to realize improved interoperability, all radios purchased under this grant shall be APCO 25 compliant. V. Responsibilities of the Sub-grantee The Sub-grantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this 2004 HSGP Grant Agreement, Sub-grantees shall complete, sign, and submit to Sub-grantor the following documents, which are incorporated by reference into this Grant Agreement: 1. Assurances (OJP Form 4000/3) 2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements (OJP Form 4061/6) 3. Audit Certification Form 4. W-9 Tax Identification Form The completed, signed Grant Agreement or Waiver, if you do not choose to participate in the additional available grant funds, for this program are due to the Sub-grantor by Friday, April 14, 2006, If the Sub-grantor does not receive either of the above by that date, your jurisdiction will not be eligible to participate in this grant. B. Complete and submit eligibility conformation forms to the Sub-grantor and receive approval from the Sub-grantor prior to the purchase of equipment under this grant. Jurisdictions will not be eligible for reimbursement without prior approval on an eligibility conformation form. C. This grant covers eligible costs from April 1, 2006 until August 31, 2006. Sub-grantee must complete all equipment purchases, pay for equipment and take delivery of purchased equipment by August 31, 2006 (Sub-grantees are encouraged to get a guarantee in writing from the selected vendor that all equipment will be delivered on or before August 31, 2006 or the Sub-grantee has the right to cancel the agreement/contract with the vendor at no cost to the Sub-grantee). There will be no time extensions. Page 2 of 7 2004 HSGP Grant Agreement OAKLAND COUNTY Page 3 of 7 D. Sustainment, maintenance, cleaning, training and other miscellaneous costs associated with the purchase of this equipment is not an eligible expense for this grant. The above expenses are the responsibility of the Sub-grantee. E. Submit the Reimbursement Cover Sheet (EMD-054) and all required attached documentation to the Sub-grantor as needed or at a minimum at the end of each quarter if there are eligible expenses to be reimbursed. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMD website at http://www.michigan.gov/msp/1,1607,7- 123-1593_3507---,00.html. Once there, in the middle of the page under "Inside EMD" click on "Homeland Security Reimbursement Forms." F. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (BSIR). The BSIR is due within 20 days after the end of the reporting period. The due dates for the BSIR July 20, 2006, and January 20, 2007. The reporting periods are from January 1 through June 30 and July 1 through December 31. The final report for this grant will be the BSIR due on January 20, 2007. G. Comply with FY05 N1MS implementation requirements and move toward full NIMS compliance. FY 2005 NIMS compliance requirements are identified in EMD Informational Letter # 05-11, located at http://www.michigan.gov/msp/0,1607,7-123-1593_3507-65184--,00.html, and must be completed by September 30, 2005. NIMS information is available at http://www.fema.gov/nims. H. 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 2004 HSGP for at least three years after the financial close-out date of this grant program, for purposes of federal and/or state examination and audit. 3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as further described in OJP's "Financial Guide," Chapter 19. Random audits shall be performed to ensure compliance with applicable provisions. 4. Sub-grantor and Sub-grantee FY04 HSGP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,.. .emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." 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 sub-grantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. Page 3 of 7 2004 HSGP Grant Agreement OAKLAND COUNTY Page 4 of 7 As a condition of this grant, before releasing any records, sub-grantee agrees to provide to the Department of State Police Emergency Management and Homeland Security, attention Public Information Officer, copies of all FOIA requests relating to the HSGP application or its administration. VI. Responsibilities of the Sub-grantor The Sub-grantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the 2004 HSGP in accordance with all applicable federal and state regulations and guidelines. B. Provide direction and technical assistance to the Sub-grantee. C. Provide any special report forms and reporting formats (templates) required by the Sub-grantor for operation of the program. D. Reimburse the Sub-grantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Sub-grantee. E. Independently or in conjunction with the Office of Domestic Preparedness (ODP), conduct random on-site reviews with Sub-grantee(s). F. Sub-grantor and Sub-grantee FY04 SHSP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti- terrorism act,.. emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." 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 sub-grantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. As a condition of this grant, before releasing any records, sub-grantee agrees to provide to the Department of State Police Emergency Management and Homeland Security, attention Public Information Officer, copies of all FOIA requests relating to the HSGP application or its administration. Page 4 of 7 2004 HSGP Grant Agreement OAKLAND COUNTY Page 5 of 7 VII. Payment and Reporting Procedures The Sub-grantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it as needed or at a minimum at the end of each quarter if there are eligible expenses to be reimbursed. Reimbursement requests must be received by the Sub-grantor no later than August 31, 2006. Requests received after this date will not be reimbursed. SUB-GRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Employment Matters Sub-grantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Grant Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment; or any matter directly or indirectly related to employment because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Sub-grantee 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. Sub-grantee shall ensure that no subcontractor, manufacturer, or supplier of Sub-grantee on this Project appears in the register compiled by the Michigan Department of Consumer and Industry Services, Commercial Enforcement Unit, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (State Contractors with Certain Employers Prohibited Act). IX. Limitation of Liability Sub-grantor and Sub-grantee 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. XI. Grant Agreement Period This Grant Agreement is in full force and effect from April 1, 2006 through August 31, 2006. No costs eligible under this Grant Agreement shall be incurred before the starting date of this Grant Agreement except with prior written approval. There will be no time extensions of this grant. This Grant Agreement consists of two identical sets simultaneously executed, each is considered an original having identical legal effect. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the Sub-grantee agrees to return to the Sub-grantor any funds not authorized for use, and Sub-grantee 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 Sub-grantor and Sub-grantee, whether expressed, implied, or oral. This Page 5 of 7 2004 HSGP Grant Agreement OAKLAND COUNTY Page 6 of 7 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 XII above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Sub-grantee agrees to inform Sub-grantor 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 Sub-grantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. XIII. Business Integrity Clause The Sub-grantor may immediately cancel the grant without further liability to the Sub-grantor or its employees if the Sub-grantee, an officer of the Sub-grantee, or an owner of a 25% or greater share of the Sub-grantee is convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Sub-grantor, reflects on the Sub-grantee's business integrity. Page 6 of 7 2004 HSGP Grant Agreement OAKLAND COUNTY Page 7 of 7 XIV. Waiver The name of the jurisdiction that appears on the below line in Section XIV of this grant agreement, titled Waiver, as authorized by the signature that appears on the below line the same section hereby waives funding for this grant. The jurisdiction understands that waiving funding for this grant will not affect future Homeland Security grant funding. The individual or officer signing this waiver certifies by his or her signature that he or she is authorized to sign this waiver on behalf of the jurisdiction he or she represents. Printed Name Title Name of Jurisdiction Signature XV. 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 jurisdiction he or she represents. Printed Name Title Name of Jurisdiction Signature Date For the Sub-grantor (Michigan State Police — Emergency Management Division) Date Capt. Kriste Etue Printed Name Signature (063) Deputy State Director of Emergency Manaaement and Homeland Sentiritv Title Mal:1120.2MB Date Page 7 of 7 EMD-053 (03-2004) MICHIGAN STATE POLICE Emeraencv Mannement Division - STATE OF MICHIGAN AUDIT CERTIFICATION Federal Audit Requirements Non-Federal organizations which expend $500,000 or more in Federal funds during their fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget (OMB) Circular A-133. Sub-grantees must submit a copy of their audit report to: Budget and Financial Services Division, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823 for each year they meet the funding threshold. Program: 2004 Homeland Security Grant Program CFDA Number: 97.004 Sub-grantee Information Jurisdiction Name: Street Address: City, State, Zip Code: Certification for Fiscal Year Ending (mmiddiyyyy): (Check appropriate box) ____ I certify that the sub-grantee shown above does not expect it will be required to have an audit performed under — the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, for the above listed program. — I certify that the sub-grantee shown above expects it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, during at least one fiscal year funds are received for the above listed program. A copy of the audit report will be submitted to: Budget and Financial Services Division, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823. (Signature of Sub-grantee's Authorized Representative) (Date) Please mail completed form to: Michigan Department of State Police Emergency Management Division Fiscal and Grant Administration Section 4000 Collins Rd. Lansing, Michigan 48910 For MSP-EMD Use Only Reviewed By: Date: Authority: Act 390, P. A. of 1976, as amended Completion: Voluntary, but completion necessary to be considered for assistance. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a 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 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 clf 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- OJP FORM 4061/6 (3-91) REPLACES OJP 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 conviction 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, N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (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 'U.S. Government Printino Office - 1q9fi 405-037140014 Signature of U.S. person • Sign Here Date • Form IN-9 Request for Taxpayer Give form to the (Rev. December 2000) requester. Do not Identification Number and Certification Department of the Treasury send to the IRS. Internal Revenue Service Name (See Specific Instructions on page 2.) cu a. Business name, if different from above. (See Specific Instructions on page 2,) >, .-i O. I Check appropriate box: Individual/Sole proprietor Corporation E Partnership 7 Other n Ci. eil in Address (number, street, and apt. or suite no.) Requester's name and address (optional) m 0 a. City, state, and ZIP code Part I Taxpayer Identification Number (TIN) List account number(s) here (optional) Enter your TIN in the appropriate box. For individuals, this is your social security number 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 Part II For U.S. Payees Exempt From employer identification number (EIN). If you do not Or Backup Withholding (See the have a number, see How to get a TIN on page 2. Employer identification number instructions on page 2.) Note: lithe account is in more than one name, see the chart on page 2 for guidelines on whose number L Jr I I I 1 I I 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 (b) 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. Cat. No, 10231X Form W-9 (Rev. 12-2000) FISCAL NOTE #06086 April 27, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR THE DEPARTMENT OF HOMELAND SECURITY, STATE OF MICHIGAN 2004 HOMELAND SECURITY GRANT PROGRAM 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 State of Michigan awarded Oakland County a total of $4,390,666 in 2004 for the State Homeland Security Program during the period of August 1, 2004 through September 30, 2005. 2. The Michigan Department of State Police Emergency Management and Homeland Security Division has made available grant funding in the amount of up to $22,000 to enhance interoperable communications as part of a rerliatriliution of funds under the 2004 Program. 3. During the grant review process Corporation Counsel highlighted a new grant requirement by the State. The grant requires the County to forward a copy of all Freedom of Information Act (FOIA) requests regarding the grant to the State. The County agrees to forward (FOIAs) to the State Police Emergency Management and Homeland Security Division. 4. A budget amendment is recommended to the FY 2006 Budget to recognize the grant award as follows: Fund 29340 Revenue 1010115-115120-610313 Federal Grant Revenue Expenditures 1010115-115120-730324 Communications FY 2006 $22,000 $22,000 $ 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. Ruth—Jbhnsim, County Clerk Resolution #06086 April 27, 2006 Moved by Potter supported by Gregory the resolution (with fiscal note attached) be adopted. AYES: Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 01•nn• 3-4/o STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 27, 2006, 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 April, 2006.