HomeMy WebLinkAboutResolutions - 2020.10.21 - 33762MISCELLANEOUS RESOLUTION #20453 October 21, 2020
BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee
IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION — EMERGENCY
MANAGEMENT PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2020 ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan Department of State Police, Emergency Management and Homeland
Security Division has awarded Oakland County the FY 2020 Emergency Management Performance
Grant (EMPG) funding in the amount of $60,781 for the period of October 1, 2019, through September
30, 2020; and
WHEREAS the Homeland Security Division was notified of available grant funding via a letter dated
August 28, 2020; and
WHEREAS this is the 481h year of grant acceptance for this program; and
WHEREAS the purpose of the program is to encourage the development and comprehensive disaster
preparedness and assistance plans, programs, capabilities, and organizations by the states and local
governments; and
WHEREAS this grant is a pass -through of Federal funds and represents a reimbursement for a portion of
salaries for the Homeland Security Manager position (1060601-09864) with a required 50% in -kind match
in the amount of $60,781; and
WHEREAS the FY 2020 award is a decrease of $439 from the FY 2019 award; and
WHEREAS the grant agreement has completed the Grant Review Process according to the Board of
Commissioners' Grant Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the State of Michigan Department of State Police, Emergency Management and Homeland
Security Division for the FY 2020 Emergency Management Performance Grant (EMPG) in the amount of
$60,781 with a 50% in -kind match of the Manager of Homeland Security salary available in the FY 2020
Homeland Security budget in the amount of $60,781 for total funding of $121,562 for the period of
October 1, 2019, through September 30, 2020.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen
percent (15%) of the original award, which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment including continuation of any special revenue positions if/when the grant expires.
BE IT FURTER RESOLVED the FY 2020 budget is amended as follows:
GENERAL FUND (#10100)
Bud Ref: 2020 Analysis: GLB Activity GLB
Revenues
1060601-115120-610210-100000001994
9010101-196030-665882
FY 2020
Disaster Control Fed Subsidy $5,781
Planned Use of Balance 5 781
Total Revenues SO
Chairperson, on behalf of the Health, Safety and Human Services Committee, I move the adoption of the
foregoing resolution.
.P�" L � �_
Commissionl9r
enny Luebs, District #16
Chairperson,alth, Safety and Human
Services Committee
HEALTH. SAFETY AND HUMAN SERVICES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kochenderfer and Gingell absent.
GRANT REVIEW SIGN -OFF — Health & Human Services, Homeland Security Division
GRANT NAME: FY 2020 Emergency Management Performance Grant (EMPG) Agreement
FUNDING AGENCY: Michigan State Police Emergency Management and Homeland Security Division
DEPARTMENT CONTACT: Thom Hardesty / (248) 452-9578
STATUS: Acceptance (Greater than $10,000)
DATE: 09/03/2020
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments
The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign -
off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved by M & B - 9/3/2020.
The draft resolution needs to be updated to fix the formatting associated with the Project ID and correcting the
last sentence to reflect the new committee name.
— Lynn Sonkiss(09/03/20)
Human Resources:
HR Approved — No HR Implications — Continues Position - Lori Taylor (09/03/20)
Risk Management:
Application approved by Risk Management. — Robert Erlenbeck (09/03/20)
Corporation Counsel:
I have reviewed the above -referenced grant agreement. I found no legal issues that must be resolved before the
grant agreement is executed. —Jody Hall (09/03/20)
GRETCHEN WHITMER
GOVERNDR
August 28, 2020
STATE OF MICHIGAN
DEPARTMENT OF STATE POLICE
LANSING
Dear Local Emergency Management Coordinator:
COL. JOSEPH M. GASPER
DIRECTOR
Enclosed is the Fiscal Year 2020 Emergency Management Performance Grants (EMPG) Grant
Agreement package. Please return the required grant documentation listed on the enclosed
Subrecipient Checklist to our office via email:
Attention: Mr. Paul Lounsberry
Emergency Management and Homeland Security Division
Michigan Department of State Police
LounsberryP@michigan.gov
Reimbursement for the EMPG program is contingent upon completion of the activities in the signed
Emergency Management Annual Work Agreement. To remain eligible for EMPG funding, current and
adequate plans must be maintained, and exercise requirements must be met. If a work activity is not
completed in the designated quarter, reimbursement may not be made until the work is completed. The
Emergency Management and Homeland Security Division District Coordinators may make
recommendations on reimbursement, but final approval remains with the Deputy State Director of
Emergency Management and Homeland Security Division, who may or may not approve a delay in the
completion of the activity. If work activities (for which funds have been withheld) have not been
completed by the end of the fiscal year, forfeiture of those funds may be required. For specific
responsibilities and requirements, please refer to Section II (Statutory Authority) and Section IV
(Responsibilities of the Subrecipient) in the Fiscal Year 2020 EMPG Grant Agreement.
This grant agreement and all required attachments must be completed, signed, and returned no later
than October 27, 2020. If this requirement is not met, this grant agreement will be invalid after October
12, 2019, unless a prior written exception is provided by the Michigan State Police, Emergency
Management and Homeland Security Division.
Sincerely,
Capt. Kevin Sweeney, Commander
Deputy State Director, Emergency Management
and Homeland Security Division
MICHIGAN STATE POLICE HEADQUARTERS • 7150 HARRIS DRIVE . DIMONDALE, MICHIGAN 46621
MAILING ADDRESS • P.O. BOX 30634 • LANSING, MICHIGAN 46909
w .miohlgan.gov/msp•517-332-2521
Michigan State Police
Emergency Management
and
Homeland Security
Division
FEDERAL AWARD IDENTIFICATION
SUBRECIPIENT NAME GRANT NAME
County of Oakland
SUBRECIPIENT IRSNENDOR NUMBER
136200362
SUBRECIPIENT DUNS NUMBER
38-6004876
RESEARCH &DEVELOPMENT
N/A
INDIRECT COST RATE
None on file
FEDERAL AWARD PROJECT DESCRIPTION
Grant Agreement
CFDA NUMBER
Emergency Management 97.042
Performance Grants
FEDERAL AWARD IDENTIFICATION
FEDERAL AWARD DATE
NUMBER (FAIN)
EMC-2020-EP-00005
7/9/2020
SUBAWARD FROM
TO
PERFORMANCE
PERIOD
10/1/2019
9/30/2020
Funding Total
Federal Funds Obligated by $60,781
this Action
Total Federal Funds $60,781
Obligated to Subrecipient
Total Amount of Federal $9,073,402
Award
2020 Emergency Management Performance Grants
DETAILS
The 2020 EMPG allocation is 34.83% of the Subrecipient's emergency program manager's
salary and fringe benefits. A cost -match is required under this program. The Federal share
used towards the EMPG budget shall not exceed 50 per :ent of the total budget.
FEDERAL AWARDING AGENCY PASS -THROUGH ENTITY (RECIPIENT) NAME
Federal Emergency Management Agency Michigan State Police
Grant Operations Emergency Management and
245 Murray Lane — Building 410, SW Homeland Security Division
Washington DC 20528-7000 PO Box 30634
Lansing, MI 48909
State of Michigan
FY 2020 Emergency Management Performance Grant
Grant Agreement
October 1, 2019 to September 30, 2020
CFDA Number: 97.042
Grant Number:
EMC-2020-EP-00005
This Fiscal Year (FY) 2020 Emergency Management Performance Grant (EMPG) grant agreement is
hereby entered into between the Michigan Department of State Police, Emergency Management and
Homeland Security Division (hereinafter called the Recipient), and the
COUNTY OF OAKLAND
(hereinafter called the Subrecipient)
Purpose
The purpose of this grant agreement is to provide federal pass -through funds to the Subrecipient for the
development and maintenance of an emergency management program capable of protecting life,
property, and vital infrastructure in times of disaster or emergency.
The FY 2020 EMPG program plays an important role in the implementation of the National Preparedness
System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to
achieving the National Preparedness Goal of a secure and resilient Nation. The objective of the NPS is
to facilitate an integrated, all-of-nation/whole community, risk driven, capabilities -based approach to
preparedness.
In support of the National Preparedness Goal, the FY 2020 EMPG supports a comprehensive, all -hazard
emergency preparedness system to build and sustain core capabilities across the Prevention, Protection,
Mitigation, Response, and Recovery mission areas.
For more information on the NPS, federally designated priorities, and the FY 2020 EMPG objectives, as
well as guidance on allowable costs and program activities, please refer to the FY 2020 EMPG Notice of
Funding Opportunity (NOFO) and the FEMA Preparedness Grants Manual located at
https://www.fema.gov.
II. Statutory Authority
Funding for the FY 2020 EMPG is authorized by Section 662 of the Post -Katrina Emergency
Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. § 762); the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42
U.S.C. §§ 5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-
124) (42 U.S.C. §§ 7701 et seq.); and the National Flood Insurance Act of 1968, as amended (Pub. L.
No. 90-448) (42 U.S.C. §§ 4001 et seq.).
Appropriation authority is provided by the Department of Homeland Security Appropriations Act, 2020,
(Pub. L. No. 116-93).
FY 2020 EMPG
County of Oakland
Page 2 of 9
The Subrecipient agrees to comply with all FY 2020 EMPG program requirements in accordance with the
FY 2020 EMPG NOFO located at https://www.fema.gov/emergency-management-performance-grant-
program; the FEMA Preparedness Grants Manual Version 2 located at https://www.fema.gov/grants;
the Michigan Emergency Management Act of 1976, as amended (Public Act 390) at
http://www.legislature.mi.gov/doc.aspx?mcl-Act-390-of-1976; and the Robert T Stafford Disaster Relief
and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 at seq.) located at
http://www.fema.gov/robert-t-stafford-disaster-relief-and-emergency-assistance-act-publ ic-law-93-288-
amended, and the FY 2020 EMPG Agreement Articles Applicable to Subrecipients. The FY 2020 EMPG
Agreement Articles Applicable to Subrecipients document is included for reference in the grant agreement
packet.
The Subrecipient shall also comply with the most recent version of:
A. 2 CFR, Part 200 of the Code of Federal Regulations (CFR), Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at
http://www.ecfr.gov.
B. 44 CFR, Part 10, Environmental Considerations.
III. Award Amount and Restrictions
A. The County of Oakland is awarded $60,781 or 34.83% of the Subrecipients local emergency
manager's salary and fringe benefits under the FY 2020 EMPG. The Subrecipient may receive
less than the allocated amount if the Subrecipient's cost share (match) of wages and fringe
benefits paid to the local emergency manager are less than the total allocation. The
Subrecipient's EMPG program budget must be documented on the Local Budget for Emergency
Management Performance Grant form (EMD-17).
B. The FY 2020 EMPG covers eligible costs from October 1, 2019 to September 30, 2020. The
funds awarded in the grant agreement shall only be used to cover allowable costs that are
incurred during the agreement period. Grant funds shall not be used for other purposes. For
guidance on allowable costs, please refer to the EMPG Appendix in the FEMA Preparedness
Grants Manual.
C. This grant agreement designates EMPG funds for the administration and oversight of an
approved emergency management program. The Subrecipient may utilize grant funds for
the reimbursement of salary, overtime, compensatory time off, and associated fringe
benefits for the local emergency manager, and up to 5% of the total allocation may be
utilized for organization costs. No other expenditures are allowed. If organization costs are
claimed, a narrative must be submitted detailing the expenses that are included in these costs.
D. The FY 2020 EMPG program has a 50% cost share (cash or in -kind) requirement, as authorized
by the Robert T Stafford Disaster Relief and Emergency Assistance Act, as amended, (Pub. L.
No. 93-288) (42 U.S.C. §§ 5121 et seq.), specifically, Title VI, sections 611 Q) and 613. Federal
funds cannot exceed 50% of eligible costs. Unless otherwise authorized by law, federal funds
cannot be matched with other federal funds.
The Federal Emergency Management Agency (FEMA) administers cost sharing requirements in
accordance with 2 CFR § 200.306. To meet matching requirements, the Subrecipient
contributions must be reasonable, allowable, allocable, and necessary under the grant program
and must comply with all federal requirements and regulations.
See the FY 2020 EMPG NOFO and FEMA Preparedness Grants Manual for additional cost
share guidance, definitions, basic guidelines, and governing provisions.
FY 2020 EMPG
County of Oakland
Page 3 of 9
E. All EMPG funded personnel must complete either the Independent Study courses identified in
the Professional Development Series or the National Emergency Management Basic Academy
delivered either by the Emergency Management Institute or a sponsored state, local, tribal,
territorial, regional or other designated location and record proof of completion. All EMPG
funded personnel must also participate in exercises consistent with the requirements outlined in
the EMPG Guidebook and work agreement.
EMPG programs are required to complete a quarterly training and exercise report identifying
training and exercises completed during the quarter. Guidance for accomplishing these
requirements is provided by the Recipient.
F. Upon request, the Subrecipient must provide to the Recipient information necessary to meet any
state or federal subaward reporting requirements.
G. In the event that the U.S. Department of Homeland Security (DHS) determines that changes are
necessary to the award document after an award has been made, including but not limited to,
changes to period of performance or terms and conditions, Subrecipients will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will
indicate Subrecipient acceptance of the changes to the award.
IV. Responsibilities of the Subrecipient
A. Grant funds must supplement, not supplant, state or local funds. Federal funds must be
used to supplement existing funds, not replace (supplant) funds that have been appropriated for
the same purpose. Potential supplanting will be carefully reviewed in subsequent monitoring
reviews and audits. Subrecipients may be required to supply documentation certifying that a
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
B. The Subrecipient agrees to comply with all applicable federal and state regulations; the FY 2020
EMPG NOFO; the FEMA Preparedness Grants Manual Version 2; the Agreement Articles
Applicable to Subrecipients: Fiscal Year 2020 Emergency Management Performance Grants,
included with the grant agreement package for reference; and the EMPG Guidebook (EMD-PUB
208),
C. The subrecipient shall not use FY 2020 EMPG funds to generate program income.
D. In addition to this grant agreement, the Subrecipient shall complete, sign, and submit to the
Recipient the following documents, which are incorporated by reference into this grant
agreement:
1. Subrecipient Risk Assessment Certification
2. Standard Assurances
3. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters;
and Drug -Free Workplace Requirements
4. Audit Certification (EMD-053)
5. Request for Taxpayer Identification Number and Certification (W-9)
6. Other documents that may be required by federal or state officials
E. Complete and submit quarterly work reports, the Quarterly Training and Exercise Worksheet, and
the Annual Training and Exercise Plan Worksheet in accordance with the schedule outlined in the
FY 2020 EMPG Work Agreement/Quarterly Report (EMHSD-31).
F. Enact enabling legislation establishing the local emergency management program and ensure a
copy of the local resolution or ordinance is on file with the Recipient.
FY 2020 EMPG
County of Oakland
Page 4 of 9
G. Appoint an emergency management program manager who is able to assume responsibility for
the functions outlined in section 4 of the EMPG Guidebook.
H. Provide the Recipient with a complete job description for the federally funded EMPG local
emergency manager, including non-EMPG duties
1. Notify the Recipient immediately of any changes in the EMPG funded local emergency manager's
position.
J. The Subrecipient will contribute to the development and maintenance of the state's multi -year
Training and Exercise Plan (TEP). This will include conducting exercises that comply with local,
state, and federal requirements, including the Homeland Security Exercise and Evaluation
Program (HSEEP) and the EMPG Guidebook, to accomplish this goal.
K. Ensure the EMPG funded local emergency manager completes specific training as required by
the annual EMPG Work Agreement.
L. Have an approved and current emergency operations plan on file with the MSP/EMHSD District
Coordinator.
M. The Subrecipient agrees to prepare the form EMHSD-007 - EMPG Quarterly Billing Cover Sheet.
The Subrecipient agrees to submit this form with supporting documentation, including all required
authorized signatures and required reimbursement documentation to the appropriate
MSP/EMHSD District Coordinator by the due date following the end of each quarter, as identified
in FY 2020 Emergency Management Report Schedule. The most current EMHSD-007 form must
be used and can be obtained from the MSP/EMHSD District Coordinator, or by visiting
www.michigan.gov/emhsd under Grant Programs, EMPG, Grant Forms, Finance Forms.
N. Comply with applicable financial and administrative requirements set forth in the current edition of
2 CFR, Part 200, including, but not limited to, the following provisions:
1. Account for receipts and expenditures, maintain adequate financial records, and refund
expenditures disallowed by federal or state audit.
2. Retain all financial records, statistical records, supporting documents, and other pertinent
materials for at least three years after the grant is closed by the awarding federal agency for
purposes of federal and/or state examination and audit.
3. Non-federal organizations which expend $750,000 or more in all federal funds during their
current fiscal year are required to have an audit performed in accordance with the Single
Audit Act of 1984, as amended, and 2 CFR, Part 200,
O. Comply with all reporting requirements, including special reporting, data collection, and evaluation
requirements, as prescribed by law or program guidance.
P. Maintain a valid Data Universal Numbering System (DUNS) number at all times during the
performance period of this grant.
Q. The Subrecipient must acknowledge and agree to comply with applicable provisions governing
DHS access to records, accounts, documents, information, facilities, and staff. The Subrecipient
also agrees to require any subrecipients, contractors, successors, transferees, and assignees to
acknowledge and agree to comply with these same provisions. Detailed information on record
access provisions can be found in the DHS Standard Administrative Terms and Conditions
located at https://www.dhs.gov/publication/fyl5-dhs-standard-terms-and-conditions, specifically in
the DHS Specific Acknowledgements and Assurances on page 1.
FY 2020 EMPG
County of Oakland
Page 5 of 9
R. Subrecipients must carry out their programs and activities in a manner that respects and ensures
the protection of civil rights for protected populations. These populations include but are not
limited to individuals with disabilities and others with access and functional needs, individuals with
limited English proficiency, and other diverse racial and ethnic populations, in accordance with
Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and
Executive Order 13347.
V. Responsibilities of the Recipient
The Recipient, in accordance with the general purposes and objectives of this grant agreement, will:
A. Administer the grant in accordance with all applicable federal and state regulations and guidelines
and submit required reports to the awarding federal agency.
B. Provide direction and technical assistance to the Subrecipient.
C. Provide to the Subrecipient any special report forms and reporting formats (templates) required
for administration of the program.
D. Reimburse the Subrecipient, in accordance with this grant agreement, based on appropriate
documentation submitted by the Subrecipient.
E. At its discretion, independently, or in conjunction with the federal awarding agency, conduct
random on -site reviews of the Subrecipient(s).
VI. Reporting Procedures
A. The Subrecipient agrees to prepare quarterly work reports using the FY 2020 EMPG Work
Agreement/Quarterly Report (EMHSD-31) and submit them through EMHSD's online reporting
tool by the due date following the end of each quarter. Reimbursement of expenditures by the
Recipient is contingent upon the Subrecipient's completion of scheduled work activities.
Reporting periods and due dates are listed in the FY 2020 EMPG Work Agreement/Quarterly
Report (EMHSD-31). The FY 2020 EMPG Work Agreement can be located at
www.michigan.gov/emhsd under Grants Programs, EMPG.
B. If the Subrecipient fails to complete the scheduled work activities during a quarter, the Recipient
will withhold reimbursement until either the work is completed, or the Deputy State Director of
Emergency Management and Homeland Security approves a delay in the completion of the
activity. Forfeiture of funds may result if scheduled work activities are not completed according to
established deadlines.
C. A Subrecipient that fails to complete the annual exercise requirements, as scheduled within the
FY 2020 EMPG Work Agreement/Quarterly Report, may be ineligible for EMPG funding for that
quarter and all subsequent quarters.
D. The Subrecipient's failure to fulfill the quarterly reporting requirements, as required by the grant,
may result in the suspension or loss of grant funding.
FY 2020 EMPG
County of Oakland
Page 6 of 9
VII. Payment Procedures
A. The Subrecipient agrees to prepare the form EMHSD-007 - EMPG Quarterly Billing Cover Sheet.
The Subrecipient agrees to submit this form with supporting documentation, including all required
authorized signatures and required reimbursement documentation, to the MSP/EMHSD District
Coordinator by the due date following the end of each quarter, as identified in FY 2020
Emergency Management Report Schedule. The most current EMD-007 form must be used and
can be obtained from the MSP/EMHSD District Coordinator, or by visiting
www.michigan.gov/emhsd under Grant Programs, EMPG, Grant Forms, Finance Forms.
B. If the Subrecipient submits required quarterly reports that are late or incomplete, the
reimbursement may not be processed until the following quarter. Forfeiture of funds may result if
quarterly reports are not completed according to established deadlines.
C. The Subrecipient agrees to return to the Recipient any unobligated balance of funds held by the
Subrecipient at the end of the agreement period or handle them in accordance with the
instructions provided by the Recipient.
VIII. Employment Matters
The Subrecipient shall comply with Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the
Civil Rights Act of 1968; Title IX of the Education Amendments of 1972 (Equal Opportunity in Education
Act); the Age Discrimination Act of 1975; Titles I, It and III of the Americans with Disabilities Act of 1990;
the Elliott -Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 at seq.; the Persons with
Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 at seq., and all other federal, state
and local fair employment practices and equal opportunity laws and covenants. The Subrecipient shall
not discriminate against any employee or applicant for employment, to be employed in the performance of
this grant agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of
employment; or any matter directly or indirectly related to employment because of his or her race, religion,
color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that
is unrelated to the individual's ability to perform the duties of a particular job or position. The Subrecipient
agrees to include in every contract or subcontract entered into for the performance of this grant
agreement this covenant not to discriminate in employment. A breach of this covenant is a material
breach of the grant agreement.
The Subrecipient shall ensure that no subcontractor, manufacturer, or supplier of the Subrecipient for
projects related to this grant agreement appears on the Federal Excluded Parties List System located at
https://www.sam.gov.
IX. Limitation of Liability
The Recipient and the Subrecipient to this grant agreement agree that each must seek its own legal
representative and bear its own costs, including judgments, in any litigation that may arise from
performance of this contract. It is specifically understood and agreed that neither party will indemnify the
other party in such litigation.
This is not to be construed as a waiver of governmental immunity for either party.
X. Third Parties
This grant agreement is not intended to make any person or entity, not a party to this grant agreement, a
third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their
favor.
FY 2020 EMPG
County of Oakland
Page 7 of 9
XI. Grant Agreement Period
This grant agreement is in full force and effect from October 1, 2019 to September 30, 2020. No costs
eligible under this grant agreement shall be incurred before the starting date of this grant agreement,
except with prior written approval. This grant agreement package consists of two identical grant
agreements, simultaneously executed; each is considered an original having identical legal effect. This
grant agreement may be terminated by either party by giving thirty (30) days written notice to the other
party stating reasons for termination and the effective date, or upon the failure of either party to carry out
the terms of the grant agreement. Upon any such termination, the Subrecipient agrees to return to the
Recipient any funds not authorized for use, and the Recipient shall have no further obligation to
reimburse the Subrecipient.
XII. Entire Grant Agreement
This grant agreement is governed by the laws of the State of Michigan and supersedes all prior
agreements, documents, and representations between the Recipient and the Subrecipient, whether
expressed, implied, or oral. This grant agreement constitutes the entire agreement between the parties
and may not be amended except by written instrument executed by both parties prior to the grant end
date. No party to this grant agreement may assign this grant agreement or any of his/her/its rights,
interest, or obligations hereunder without the prior consent of the other party. The Subrecipient agrees to
inform the Recipient in writing immediately of any proposed changes of dates, budget, or services
indicated in this grant agreement, as well as changes of address or personnel affecting this grant
agreement. Changes in dates, budget, or services are subject to prior written approval of the Recipient.
If any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the
grant agreement shall remain valid.
The Recipient may suspend or terminate grant funding to the Subrecipient, in whole or in part, or other
measures may be imposed for any of the following reasons:
A. Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and
assurances.
B. Failure to comply with the requirements or statutory objectives of federal or state law.
C. Failure to make satisfactory progress toward the goals or objectives set forth in the annual
EMPG Work Agreement.
D. Failure to follow grant agreement requirements or special conditions.
E. Failure to submit required reports.
F. Filing of a false certification in the application or other reports or documents.
Before taking action, the Recipient will provide the Subrecipient reasonable notice of intent to impose
corrective measures and will make every effort to resolve the problem informally.
XIII. Business Integrity Clause
The Recipient may immediately cancel the grant without further liability to the Recipient or its employees if
the Subrecipient, an officer of the Subrecipient, or an owner of a 25% or greater share of the Subrecipient
is convicted of a criminal offense incident to the application for or performance of a state, public, or
private grant or subcontract; or convicted of a criminal offense, including, but not limited to any of the
following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen
property, attempting to influence a public employee to breach the ethical conduct standards for State of
Michigan employees; convicted under state or federal antitrust statutes; or convicted of any other criminal
offense which, in the sole discretion of the Recipient, reflects on the Subrecipient's business integrity.
FY 2020 EMPG
County of Oakland
Page 8 of 9
XIV. Freedom of Information Act (FOIA)
Much of the information submitted in the course of applying for funding under this program, or provided in
the course of grant management activities, may be considered law enforcement -sensitive or otherwise
critical to national security interests. This may include threat, risk, and needs assessment information,
and discussions of demographics, transportation, public works, and industrial and public health
infrastructures. Therefore, each Subrecipient agency Freedom of Information Officer will need to
determine what information is to be withheld on a case -by -case basis. The Subrecipient should be
familiar with the regulations governing Protected Critical Infrastructure Information (6 CFR, Part 29) and
Sensitive Security Information (49 CFR, Part 1520), as these designations may provide additional
protection to certain classes of homeland security information.
FY 2020 EMPG
County of Oakland
Page 9 of 9
XV. Official Certification
For the Subrecipient
The individual or officer signing this grant agreement certifies by his or her signature that he or she is
authorized to sign this grant agreement on behalf of the organization he or she represents. The
Subrecipient agrees to complete all requirements specified in this grant agreement.
County of Oakland
Subrecipient Name
For the Chief Elected Official
David Woodward, Chairperson
Printed Name
Signature
For the Local Emeroencv Manaoer
Thomas Hardesty
Printed Name
Signature
136200362
Subrecipient's DUNS Number
Oakland County Board of Commissioners
Title
Date
Manager, Homeland Security
Title
Date
For the Recioient Wichiaan State Police. Emeraencv Manaaement and Homeland Securitv
Division
CaDt. Kevin Sweenev. Commander
Printed Name
Deputy State Director, Emergency
Manaaement and Homeland Securitv Division
Title
8/26/20
Signature Date
EMHSD-RA (04/2019)
MICHIGAN STATE POLICE
Emergency Management and Homeland Security Division
SUBRECIPIENT RISK ASSESSMENT CERTIFICATION
As required by 2 CFR §200.331(b), the purpose of this assessment is to evaluate subrecipient's risk of noncompliance with
federal statutes, regulations, and the terms and conditions of a subaward, and to determine appropriate subrecipient
monitoring during the grant performance period. Limited program experience, results of previous audits and site monitoring
visits, new personnel or new or substantially changed systems, may increase a subrecipient's degree of risk
Subrecipient: County: DUNS #:
County of Oakland Oakland 136200362
Questions
1. How many federal grant awards has your organization managed in the past 5 years regardless of awarding agency?
❑ No grants
❑ 1-3 grants
❑ 4-5 grants
O 6+ grants
2. What percentage of your grant management staff has fewer than 2 years of grant experience?
E 0-25% of staff
❑ 26-50% of staff
❑ 51-75% of staff
❑ 76-100% of staff
3. Has your organization had anew or substantially changed financial/accounting system(s) in the past 2 years?
0 Yes
❑ No
4. What types of findings (audit, site monitoring, etc.) has your organization received within the past 5 years?
(Attach a separate sheet explaining any findings resulting in questioned costs or a return of funds.)
❑ Never Audited or No
0 Unsupported costs (lack of documentation)
❑ Unreasonable use of funds
❑ Questioned costs or required to return funds
5. Does your agency have staff primarily dedicated (>50%) to grants management activities?
® Yes
❑ No
Certification
I certify the information provided in this assessment is true and accurate, and that all occurrences of prior grant
non-compliance have been disclosed.
Authorized Representative Signature: Date:
Authorized Representative Printed Name: Title:
Lynn Sonkiss Fiscal Services Officer
Point of Contact Printed Name: Title: Email:
Lynn Sonkiss Fiscal Services Officer sonkissl@oakgov cam
OMB APPROVAL NO. 1121-140
EXPIRES 5/31/2019
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements, including 2 C.F.R. Part 2800 (Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards by the Department of Justice), and Ex. Order 12372
(intergovernmental review of federal programs). The applicant also specifically assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial
capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper
planning, management, and completion of the project described in this application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
3. It will give the awarding agency or the Government Accountability Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the financial assistance.
4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any
applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in
2 C.F.R. § 175.15(b).
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (I6 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic
properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.), and the
National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subrecipients or contractors to comply) with any applicable
nondiscrimination provisions, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)): the Juvenile Justice and Delinquency
Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Violence Against Women Act (42 U.S.C. § 13925(b)(13)); the
Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); the
Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§
12131-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination
Act of 1975 (42 U.S.C. §§ 6101-07). It will also comply with Ex. Order 13279, Equal Protection of the Laws for
Faith -Based and Community Organizations; Executive Order 13559, Fundamental Principles and Policymaking
Criteria for Partnerships With Faith -Based and Other Neighborhood Organizations; and the DOJ implementing
regulations at 28 C.F.R. Part 38.
7. If a governmental entity —
a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of
federal and federally -assisted programs; and
b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political
activities of State or local government employees whose principal employment is in connection with an
activity financed in whole or in part by federal assistance.
Signature David Woodward, Chairperson Date
Bourn of Commissioners
OU.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-
tificatian 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, Slate, 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 —
CUP FORM 406116 (3-91) REPLACES OJP FORMS 406112, 4061/3 AND 406114 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(a) 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-lion
Employers of convicted employees must provide notice, including
position title, to: Department of Justice, Office of
Justice Programs, ATTNControl 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), (a), 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 ❑ 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. Slates and Slate
agencies may elect to use OJP Form 4061/7.
Check ❑ 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, 810 Seventh Street NW.,
Washington, DC 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1 Grantee Name and Address.
Oakland County
1200 N.
Telegraph
Pontiac, ME
4A341
2 Application Number and/or Project Name
EMC-2020-EP-00005 2020 EMPG Grant
4. Typed Name and Title of Authorized Representative
David Woodward, Chairperson Board of Commissioners
5 Signature
38-6004876
3. Grantee IRSIVendor Number
6. Date
'Us Government PrInfing Once' 1996- 405-037/40014
Request for Taxpayer
Form® Give Form to the
(Rev. Ontober2018) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
mtam i Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information,
1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank.
COUNTY OF OAKLAND, A MICHIGAN CONSTITUTIONAL CORPORATION
2 Business name/disregarded entity name, If different from above
w 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to
following seven boxes. certain entities, not individuals; see
°- Instructions on page 3):
o ❑ Individual/sole proprietor or Z CCorporation SCorporation El El
❑
m single -member LLC
ai a Exempt payee code (If any) 3
¢ O
�'� ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) r
`o Note; Check the appropriate box In the line above for the tax classification of the single -member owner Do not check Exemption from FATCA reporting
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any)
o. o another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that
Is disregarded from the owner should check the appropriate box for the tax classification of its owner
.� ❑ Other (see Instructions) r iMr.c 1, am••m: m•,o—, •„n,•�m„usI
5 Address (number, street, and apt, or suite no.) See Instructions. Requester's name and address (optional)
y 2100 PONTIAC LAKE ROAD JI
6 City, state, and ZIP code
WATERFORD MI 48328
7 List account numbers) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number m 'I
backup withholding. For individuals, this Is generally your social security number (SSNHowever, fora m �W�J
resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other
entitles, it is your employer Identification number (EIN). If you do not have a number, see Now to get a
TIN, later.
or
Note: If the account is In more than one name, see the instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter. 3 8 -1 6 I 0 I 0 14 ( 8 7 6
JiM 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. 1 am not subject to backup withholding because: (a)1 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. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA codes) entered on this form (if any) Indicating that I am exempt from FATCA reporting Is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign Signature of
Here I U.S.personr Dater
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to vwyvJ x.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
Information return with the IRS must obtain your correct taxpayer
Identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer Identification number
(EIN), to report on an Information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT(interest earned or paid)
• Form 1099-DIV (dividends, Including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-8 (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan Interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN,
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev 10-2018)
EMD-053 (0412018)
MICHIGAN STATE POLICE
Emergency Management and Homeland Security Division
AUTHORITY: MCL 30.407a and 2 CFR Part 200, Subpart F;
COMPLIANCE: Voluntary, but necessary to be considered for
grant assistance.
AUDIT CERTIFICATION
Federal Audit Requirements
Non-federal organizations, which expend $750,000 or more in federal funds during their current fiscal year, are required to
have an audit performed in accordance with 2 CFR Part 200, Subpart F.
Subrecipients MUST submit a copy of their audit report for each year they meet the funding threshold to: Michigan State
Police, Grants and Community Services Division, P.O. Box 30634, Lansing, Michigan 48909.
I., Program informatiori, '
Program Name CFDA Number
Emergency Management Performance Grant 97.042
IL Subreefpl®nf'Inforitiation
Subrecipient Name
County of Oakland
Street Address City State ZIP Code
1200 N. Telegraph Road Pontiac MI 48341
Ip. C4rGification'fttr Fiscal Yeai
Subrecipient Fiscal Year Period: 10/01/19 _ to 9r30120
❑ I certify that the Subrecipient shown above does NOT expect it will be required to have an audit performed under 2 CFR Part 200, Subpart F,
for the above listed program.
x❑ I certify that the subrecipient shown above expects it will be required to have an audit performed under 2 CFR Part 200, Subpart F, during at
least one fiscal year funds are received for the above listed program. A copy of the audit report will be submitted to Michigan State Police,
Grants and Community Services Division, P.O. Box 30634, Lansing, Michigan 48909
Signature of Subrecipient's Authorized Representative I Date
Submit audit report to:
Michigan State Police
Grants and Community Services Division
P.O. Box 30634
Lansing, Michigan 48909
Submit this completed audit certification form and return with your grant agreement to:
Michigan State Police
Emergency Management and Homeland Security Division
P.O. Box 30634
Lansing, Michigan 48909
Agreement Articles Applicable to Subrecipients
Fiscal Year 2020 Emergency Management Performance Grants
Article I - Activities Conducted Abroad
Subrecipients must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
Article II - Reporting of Matters Related to Subrecipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all
federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this
federal award, then the Subrecipients must comply with the requirements set forth in the government -wide Award
Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII,
the full text of which is incorporated here by reference in the award terms and conditions.
Article III - Trafficking Victims Protection Act of 2000 (TVPA)
Subrecipients must comply with the requirements of the government -wide financial assistance award term which
implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22
U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated
here by reference.
Article IV - Federal Leadership on Reducing Text Messaging while Driving
Subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in
E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government
business or when performing any work for or on behalf of the federal government.
Article V - Debarment and Suspension
Subrecipients are subject to the non -procurement debarment and suspension regulations implementing Executive
Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These
regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or
activities.
Article VI - Fly America Act of 1974
Subrecipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49
U.S.C. section 41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49
U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in
the March 31, 1981, amendment to Comptroller General Decision B-138942.
Article VII - Americans with Disabilities Act of 1990
Subrecipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub.
L. No. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101-12213), which prohibits Subrecipients
from discriminating on the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities.
Article VIII - Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E
may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid
restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions;
or for other reasons. However, these prohibitions would not preclude Subrecipients from shifting costs that are
allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal
financial assistance award terms and conditions.
Article IX - Copyright
Subrecipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced
under federal financial assistance awards.
Article X - Civil Rights Act of 1968
Subrecipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through
Pub. L. 113-4, which prohibits Subrecipients from discriminating in the sale, rental, financing, and advertising of
dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin,
religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S.
Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and
common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in
buildings without elevators) -be designed and constructed with certain accessible features. (See 24 C.F.R. Part
100, Subpart D.)
Article XI - Best Practices for Collection and Use of Personally Identifiable Information (Pit)
Subrecipients who collect Pit are required to have a publicly available privacy policy that describes standards on
the usage and maintenance of the PII they collect DHS defines personally identifiable information (PII) as any
information that permits the identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. Subrecipients may also find the DHS Privacy Impact Assessments:
Privacy Guidance and Privacy Template as useful resources respectively.
Article XII - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Subrecipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.0 section 2000d et seq.)
prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services. For additional assistance and information regarding language
access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-accesspeople- limited and additional resources on
http://www.lep.gov.
Article XIII - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a,
Subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part
with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and
Control Act of 1974, (codified as amended at 15 U.S.C. section 2225 )
Article XIV - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the Recipient or its sub -recipients is no
longer needed for the original project or program or for other activities currently or previously supported by
DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant
to 2 C.F.R. Section 200.313.
Article XV - Patents and Intellectual Property Rights
Subrecipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law.
Subrecipients are subject to the specific requirements governing the development, reporting, and disposition of
rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401
and the standard patent rights clause located at 37 C.F R. section 401 14
Article XVI - DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with
applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1.
Subrecipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2.
Subrecipients must give DHS access to, and the right to examine and copy, records, accounts, and other
documents and sources of information related to the federal financial assistance award and permit access to
facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations
and other applicable laws or program guidance. 3. Subrecipients must submit timely, complete, and accurate
reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4.
Subrecipients must comply with all other special reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in program guidance.
Article XVII - Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste
Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act,
42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition.
Article XVIII - Terrorist Financing
Subrecipients must comply with E.O. 13224 and U.S laws that prohibit transactions with, and the provisions of
resources and support to, individuals and organizations associated with terrorism. Subrecipients are legally
responsible to ensure compliance with the Order and laws.
Article XIX - Civil Rights Act of 1964 - Title VI
Subrecipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended
at 42 U.S.C. section 2000d at seq.), which provides that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations
for the Act are found at 6 C.F.R. Part 21 and 44 C F.R. Part 7.
Article XX - Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written
approval from DHS/FEMA where required by 2 C.F.R. Section 200.308. DHS/FEMA is also utilizing its discretion
to impose an additional restriction under 2 C.F.R. Section 200 308(e) regarding the transfer of funds among direct
cost categories, programs, functions, or activities Therefore, for awards with an approved budget where the
Federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds
among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA
where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total
budget DHS/FEMA last approved You must report any deviations from your DHS/FEMA approved budget in the
first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the
budget deviation requires prior written approval.
Article XXI - Acknowledgement of Federal Funding from DHS
Subrecipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with
federal funds.
Article XXII - Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, Subrecipients will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipient
acceptance of the changes to the award.
Article XXIII - Rehabilitation Act of 1973
Subrecipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-
112 (1973), (codified as amended at 29 U S.C. section 794,) which provides that no otherwise qualified
handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance.
Article XXIV - False Claims Act and Program Fraud Civil Remedies
Subrecipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733, which
prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S C
sections 3801-3812, which details the administrative remedies for false claims and statements made.)
Article XXV - Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs
administered or supported by DHS or its component agencies, enabling those organizations to participate in
providing important social services to beneficiaries. Subrecipients must comply with the equal treatment policies
and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance
governing the participations of faith -based organizations in individual DHS programs.
Article XXVI - Lobbying Prohibitions
Subrecipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a
federal financial assistance award may be expended by the Subrecipient to pay any person to influence, or
attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any federal action related to a federal
award or contract, including any extension, continuation, renewal, amendment, or modification.
Article XXVII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX
Subrecipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No.
92-318 (1972) (codified as amended at 20 U S.C. section 1681 et seq ), which provide that no person in the
United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS
implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
Article XXVIII - Age Discrimination Act of 1975
Subrecipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135
(1975) (codified as amended at Title 42, U.S. Code, section 6101 at seq.), which prohibits discrimination on the
basis of age in any program or activity receiving federal financial assistance
Article XXIX - National Environmental Policy Act
Subrecipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub
L. No. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 at seq.) and the Council on Environmental
Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require Subrecipients to
use all practicable means within their authority, and consistent with other essential considerations of national
policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill
the social, economic, and other needs of present and future generations of Americans.
Article XXX - Assurances, Administrative Requirements, Cost Principles, Representations and
Certifications
DHS financial assistance Subrecipients must complete either the Office of Management and Budget (OMB)
Standard Form 424E Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances -
Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your
program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional
assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the
awarding agency. Subrecipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal
Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
Article XXXI - USA PATRIOT Act of 2001
Subrecipients must comply with requirements of Section 817 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub
L. No. 107-56, which amends 18 U.S.0 sections 175-175c.
Article XXXII - Non -Supplanting Requirement
Subrecipients receiving federal financial assistance awards made under programs that prohibit supplanting by law
must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non-federal sources.
Article XXXIII - Drug -Free Workplace Regulations
Subrecipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the Subrecipient
is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of
Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106)
Article XXXIV - Universal Identifier and System of Award Management
Subrecipients are required to comply with the requirements set forth in the government -wide financial assistance
award term regarding the System for Award Management and Universal Identifier Requirements located at 2
C.F.R Part 25, Appendix A, the full text of which is incorporated here by reference.
Article XXXVI - Energy Policy and Conservation Act
Subrecipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163
(1975) (codified as amended at 42 U.S.C. section 6201 at sec.), which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issued in compliance with this Act
Article XXXVII - Whistleblower Protection Act
Subrecipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XXXVIII - Federal Debt Status
All Subrecipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant
debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB
Circular A-129.)
Article XXXIX - Use of DHS Seal, Logo and Flags
Subrecipients must obtain permission from DHS FAO prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal,
logo, crests or reproductions of flags or likenesses of Coast Guard officials
Article XL - Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity
(NOFO) for this program are incorporated here by reference in the award terms and conditions. All Subrecipients
must comply with any such requirements set forth in the program NOFO.
Article XLI - SAFECOM
Subrecipients receiving federal financial assistance awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure and enhance interoperable
communications.
Resolution #20453
October 21, 2020
Moved by Long seconded by Quarles the resolutions on the amended Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
I HEREBY A'FPl30VE THIS SESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.558A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution Is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 21,
2020, 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 Circuit Court at Pontiac,
Michigan this 21st day of October, 2020.
Lisa Brown, Oakland County