HomeMy WebLinkAboutResolutions - 2022.12.08 - 37781
AGENDA ITEM: Grant Acceptance from the State of Michigan Department of State Police for the
FY 2022 Emergency Management Performance Grants 22-413
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, December 8, 2022 9:52 AM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
Emergency Management & Homeland Security Penny Luebs
INTRODUCTION AND BACKGROUND
This is a request to accept funding for the continuing development and maintenance of a
countywide emergency management program capable of protecting life, property and vital
infrastructure in times of disaster or emergency. The objective of the Emergency Management
Performance Grant program is to assist state and local governments in enhancing and sustaining
their all-hazards emergency management capabilities.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Robert Seeley, Chief Emergency
Management Public Services
seeleyr@oakgov.com
ITEM REVIEW TRACKING
Penny Luebs, Created/Initiated - 12/8/2022
David Woodward, Board of Commissioners Approved - 12/8/2022
Hilarie Chambers, Executive's Office Approved - 12/9/2022
Lisa Brown, Clerk/Register of Deeds Final Approval - 12/13/2022
AGENDA DEADLINE: 12/08/2022 11:15 AM
COMMITTEE TRACKING
2022-11-29 Public Health & Safety - Recommend to Board
2022-12-08 Full Board - Adopted
ATTACHMENTS
1. EMHS_Homeland Sec_ EMPG. Sch.A
2. Grant Review Sign-Off
3. FY 22 EMPG Oakland GA Packet
December 8, 2022
RESOLUTION #2022-2280 _ 22-413
Sponsored By: Penny Luebs
Emergency Management & Homeland Security - Grant Acceptance from the State of Michigan
Department of State Police for the FY 2022 Emergency Management Performance Grants
Chairperson and Members of the Board:
WHEREAS the State of Michigan Department of State Police, Emergency Management and
Homeland Security Division has awarded Oakland County the FY 2021 Emergency Management
Performance Grant (EMPG) funding in the amount of $55,212 for the period of October 1, 2021
through September 30, 2022; and
WHEREAS the Homeland Security Division was notified of available grant funding via a letter dated
September 29, 2022; and
WHEREAS this is the 50th 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 pass-through of Federal funds and represents a reimbursement for a portion
of salaries for one (1) General Fund/General Purpose (GF/GP) Full-Time Eligible (FTE) Chief
Emergency Management position (#1110101-00764) with a required 50% match in the amount of
$55,212; and
WHEREAS the FY 2022 award is a decrease of $6,030 from the FY 2021 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 Michigan Department of State Police, Emergency Management and Homeland
Security Division for the FY 2022 Emergency Management Performance Grant (EMPG) in the
amount of $55,212 with a 50% match from the County in the amount of $55,212 for total funding of
$110,424 for the period of October 1, 2021 through September 30, 2022.
BE IT FURTHER RESOLVED to continue one (1) GF/GP FTE Chief Emergency Management
position (#1110101-00764).
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 FURTHER RESOLVED that the FY 2023 budget is amended as detailed in the attached
Schedule A.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date: December 08, 2022
David Woodward, Commissioner
Date: December 09, 2022
Hilarie Chambers, Deputy County Executive II
Date: December 13, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-11-29 Public Health & Safety - Recommend to Board
2022-12-08 Full Board - Adopted
VOTE TRACKING
Motioned by Commissioner Penny Luebs seconded by Commissioner Karen Joliat to adopt the
attached Grant Acceptance: from the State of Michigan Department of State Police for the FY 2022
Emergency Management Performance Grants.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen
Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet
Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. EMHS_Homeland Sec_ EMPG. Sch.A
2. Grant Review Sign-Off
3. FY 22 EMPG Oakland GA Packet
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
December 8, 2022, 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 on Thursday, December 8, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
EMERGENC MANANGEMENT AND HOMELAND SECURITY -EMERGENCY MANAGEMENT DIVISION - FY 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID (GRN)
#
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
R General Fund - Grants Emergency Mgt FND10101 CCN1110101 RC610313 PRG115120 GRN-1003305 610210 Disaster Control Fed Sub $(61,242)$-$-
R General Fund - Grants Emergency Mgt FND10101 CCN1110101 RC610313 PRG115120 GRN-1003595 610210 Disaster Control Fed Sub $55,212
R General Fund Emergency Mgt FND10100 CCN9010101 RC665882 PRG196030 665882 Planned Use of Balance $6,030
Total Revenues $-$-$-
GRANT REVIEW SIGN-OFF –Emergency Management and Homeland Security Division –
Emergency Management Division
GRANT NAME: FY 2022 Emergency Management Performance Grant (EMPG) Agreement
FUNDING AGENCY: United States Department of Homeland Security, Federal Emergency Management
Agency (FEMA)
DEPARTMENT CONTACT: Rob Seeley -248-858-5080
STATUS: Acceptance (Greater than $10,000)
DATE: 11/16/2022
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 – Sheryl Johnson (11/15/2022)
Human Resources:
Approved by Human Resources. Continues a position with no changes - Heather Mason (11/15/2022)
Risk Management:
Approved – Robert Erlenbeck (11/15/2022)
Corporation Counsel:
Approved – Sharon Kessler (11/15/2022)
MICHIGAN STATE POLICE HEADQUARTERS ● 7150 HARRIS DRIVE ● DIMONDALE, MICHIGAN 48821
MAILING ADDRESS ● P.O. BOX 30634 ● LANSING, MICHIGAN 48909
www.michigan.gov/msp ● 517-332-2521
STATE OF MICHIGAN
DEPARTMENT OF STATE POLICE
LANSING
GRETCHEN WHITMER
GOVERNOR
COL. JOSEPH M. GASPER
DIRECTOR
September 19, 2022
Dear Local Emergency Management Coordinator:
Enclosed is the Fiscal Year 2022 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, 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
2022 EMPG Grant Agreement.
This grant agreement and all required attachments must be completed, signed, and returned no later
than November 18, 2022. If this requirement is not met, this grant agreement will be invalid unless a
prior written exception is provided by the Michigan State Police, Emergency Management and Homeland
Security Division.
Sincerely,
Capt. Kevin Sweeney, Commander
Emergency Management and
Homeland Security Division
SUBRECIPIENT CHECKLIST
FY 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANTS
(EMPG)
GRANT AGREEMENT
CFDA NO: 97.042
Email the following items to: LounsberryP@michigan.gov
SUBRECIPIENT WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS ARE RECEIVED
1. Grant Agreement
2. Subrecipient Risk Assessment Certification
3. Standard Assurances
4. Certifications Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug-Free Workplace Requirements
5. Audit Certification (EMD-053)
6. Request for Taxpayer Identification Number and Certification (W-9)
POST REIMBURSEMENT REQUIREMENTS
Participate with Recipient in an on-site monitoring of financial documents. Also retain financial
records, supporting documents, and all other records pertinent to the grant for at least three years
after the grant is closed by the awarding federal agency. Be sure to comply with Single Audit
requirements of Subpart F of 2 CFR 200. If required, the Subrecipient submits audit copy to:
Michigan Department of State Police, Grants and Community Services Division, PO Box
30634, Lansing, Michigan 48909.
For GRANT AGREEMENT QUESTIONS, PLEASE CONTACT PAUL LOUNSBERRY
AT 517-256-3920 OR LOUNSBERRYP@MICHIGAN.GOV
Michigan State Police
Emergency Management
and
Homeland Security
Division
Grant Agreement
FEDERAL AWARD IDENTIFICATION
SUBRECIPIENT NAME GRANT NAME ASSISTANCE LISTING
County of Oakland Emergency Management
Performance Grants
97.042
SUBRECIPIENT IRS/VENDOR NUMBER FEDERAL AWARD IDENTIFICATION
NUMBER (FAIN)
FEDERAL AWARD DATE
38-6004876 EMC-2022-EP-00001 8/23/2022
SUBRECIPIENT UEI SUBAWARD
PERFORMANCE
PERIOD
FROM TO
HZ4EUKDD7AB4 10/1/2021 9/30/2022
RESEARCH & DEVELOPMENT
Funding
Total
N/A Federal Funds Obligated by
this Action
$55,212.00
INDIRECT COST RATE Total Federal Funds
Obligated to Subrecipient
$55,212.00
None on file Total Amount of Federal
Award
$55,212.00
FEDERAL AWARD PROJECT DESCRIPTION
2022 Emergency Management Performance Grants (EMPG)
DETAILS
The 2022 EMPG allocation is 40.29% 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% of the total budget.
FEDERAL AWARDING AGENCY PASS-THROUGH ENTITY (RECIPIENT) NAME
Federal Emergency Management Agency - GPD
400 C Street, SW, 3rd floor
Washington, DC 20472-3645
Michigan State Police
Emergency Management and
Homeland Security Division
PO Box 30634
Lansing, MI 48909
State of Michigan
FY 2022 Emergency Management Performance Grant
Grant Agreement
October 1, 2021 to September 30, 2022
Assistance Listing: 97.042
Grant Number: EMC-2022-EP-00001
This Fiscal Year (FY) 2022 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)
I. 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 2022 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 2022 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 2022 EMPG objectives, as
well as guidance on allowable costs and program activities, please refer to the FY 2022 EMPG Notice of
Funding Opportunity (NOFO) and the FEMA Preparedness Grants Manual located at
https://www.fema.gov/grants.
II. Statutory Authority
Funding for the FY 2022 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. 90448) (42 U.S.C. §§ 4001 et seq.).
Appropriation authority is provided by the Department of Homeland Security Appropriations Act, 2022,
(Pub. L. No. 117-103); Disaster Relief Supplemental Appropriations Act, 2022, Pub. L. No. 117-43
(2021).
FY 2022 EMPG
County of Oakland
Page 2 of 9
The Subrecipient agrees to comply with all FY 2022 EMPG program requirements in accordance with the
FY 2022 EMPG NOFO, and the FEMA Preparedness Grants Manual; both are located at
https://www.fema.gov/grants/preparedness/emergency-management-performance; 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 et seq.) located at
https://www.fema.gov/disaster/stafford-act; and the FY 2022 EMPG Agreement Articles Applicable to
Subrecipients. The FY 2022 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. FEMA Policy #108-023-1 Grant Programs Directorate Environmental Planning and Historic
Preservation Policy Guidance.
III. Award Amount and Restrictions
A. The County of Oakland is awarded $55,212.00 or 40.29% of the Subrecipients local emergency
manager’s salary and fringe benefits under the FY 2022 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 2022 EMPG covers eligible costs from October 1, 2021, to September 30, 2022. 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 other allowable organization costs. No other expenditures are allowed. If other
organization costs are requested, a narrative must be submitted detailing the expenses that are
included in these costs.
D. The FY 2022 EMPG program has a 50% cost share (cash or in-kind) requirement, as authorized
by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (Pub. L.
No. 93-288) (42 U.S.C. §§ 5121 et seq.), specifically, Title VI, sections 611(j) and 613. Federal
funds cannot exceed 50% of eligible costs. Unless otherwise authorized by law, federal funds
cannot be matched with other federal funds.
The Federal Emergency Management Agency (FEMA) administers cost sharing requirements in
accordance with 2 CFR § 200.306. To meet matching requirements, the Subrecipient
contributions must be reasonable, allowable, allocable, and necessary under the grant program
and must comply with all federal requirements and regulations.
FY 2022 EMPG
County of Oakland
Page 3 of 9
See the FY 2022 EMPG NOFO and FEMA Preparedness Grants Manual for additional cost
share guidance, definitions, basic guidelines, and governing provisions.
E. All EMPG funded personnel must complete either the Independent Study courses identified in
the Professional Development Series, or the National Emergency Management Basic Academy
delivered either by the Emergency Management Institute or a sponsored state, local, tribal,
territorial, regional, or other designated location and record proof of completion. All EMPG
funded personnel must also participate in exercises consistent with the requirements outlined in
the EMPG Guidebook and work agreement.
The 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 2022
EMPG NOFO; the FEMA Preparedness Grants Manual Version 2; the Agreement Articles
Applicable to Subrecipients: Fiscal Year 2022 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 2022 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 2022 EMPG Work Agreement/Quarterly Report (EMHSD-31).
FY 2022 EMPG
County of Oakland
Page 4 of 9
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.
G. Appoint an emergency management program manager who can 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 if applicable.
I. 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 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 2022 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
https://www.michigan.gov/msp/0,4643,7-123-72297_60152_95164_95317---,00.html under
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 Unique Entity Identifier (UEI) through SAM.gov 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
FY 2022 EMPG
County of Oakland
Page 5 of 9
located at https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions, specifically in
the DHS Specific Acknowledgements and Assurances on page 1.
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 2022 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 2022 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 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 2022 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.
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
FY 2022 EMPG
County of Oakland
Page 6 of 9
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 2022
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.
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, II and III of the Americans with Disabilities Act of 1990;
the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq.; the Persons with
Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state
and local fair employment practices and equal opportunity laws and covenants. The Subrecipient shall
not discriminate against any employee or applicant for employment, to be employed in the performance of
this grant agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of
employment; or any matter directly or indirectly related to employment because of his or her race, religion,
color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that
is unrelated to the individual’s ability to perform the duties of a particular job or position. The Subrecipient
agrees to include in every 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.
XI. Grant Agreement Period
This grant agreement is in full force and effect from October 1, 2021, to September 30, 2022. No costs
eligible under this grant agreement shall be incurred before the starting date of this grant agreement,
FY 2022 EMPG
County of Oakland
Page 7 of 9
except with prior written approval. This grant agreement may be terminated by either party by giving thirty
(30) days written notice to the other party stating reasons for termination and the effective date, or upon
the failure of either party to carry out the terms of the grant agreement. Upon any such termination, the
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.
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
FY 2022 EMPG
County of Oakland
Page 8 of 9
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 2022 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.
_______________________________________ ____________________________________
Subrecipient Name Subrecipient UEI
For the Chief Elected Official
_____________________________________ ___________________________________
Printed Name Title
_____________________________________ ___________________________________
Signature Date
For the Local Emergency Manager
_____________________________________ ___________________________________
Printed Name Title
_____________________________________ ___________________________________
Signature Date
For the Recipient (Michigan State Police, Emergency Management and Homeland Security
Division)
Commander, Emergency Management
Capt. Kevin Sweeney, __________ ________ and Homeland Security Division______
Printed Name Title
September 13, 2022
___________________________________ ___________________________________
Signature Date
EMHSD-RA (06/2022)
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: UEI:
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☐6+ grants
2.What percentage of your grant management staff has fewer than 2 years of grant experience?☐0-25% of staff☐26-50% of staff☐51-75% of staff☐76-100% of staff
3.Has your organization had a new or substantially changed financial/accounting system(s) in the past 2 years?☐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☐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:
Point of Contact Printed Name: Title: Email:
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 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic
properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-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
b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political
activities of State or local government employees whose principal employment is in connection with an
activity financed in whole or in part by federal assistance.
______________________________ ___________________
Signature Date
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
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.
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
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.DEPART M E NT OF JU
ST
I
CEOFFI
CE
O
FJUSTIC E P R OG RAMSBJAN
I
J
OJJDP B J SOVC
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
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—
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.
(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 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 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:
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
*U.S. Government Printing Office: 1996 - 405-037/40014
EMD-053 (04/2018)
MICHIGAN STATE POLICE
Emergency Management and Homeland Security Division
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 Information
Program Name
CFDA Number
II. Subrecipient Information
Subrecipient Name
Street Address
City
State
ZIP Code
III. Certification for Fiscal Year
Subrecipient Fiscal Year Period: to .
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.
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 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
AUTHORITY: MCL 30.407a and 2 CFR Part 200, Subpart F;
COMPLIANCE: Voluntary, but necessary to be considered for
grant assistance.
1
Agreement Articles Applicable to Subrecipients
Fiscal Year 2022 Emergency Management Performance Grants
Article I - DHS Standard Terms and Conditions Generally
The Fiscal Year (FY) 2022 U.S. Department of Homeland Security (DHS) Standard Terms and Conditions apply
to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to
subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right
to seek judicial enforcement of these obligations. The FY 2022 DHS Standard Terms and Conditions will be
housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
Article II - General Acknowledgment 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.
I. Subrecipients must cooperate with any DHS compliance reviews or compliance investigations conducted by
DHS.
II. Subrecipients must give DHS access 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 or
personnel.
III. Subrecipients must submit timely, complete, and accurate reports to the recipient and maintain appropriate
backup documentation to support the reports.
IV. Subrecipients must comply with all other special reporting, data collection, and evaluation requirements, as
prescribed by law, or detailed in program guidance.
Article III - John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in
section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232
(2018) and 2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August
13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors -
prohibits obligating or expending federal award funds on certain telecommunications and video surveillance
products and contracting with certain entities for national security reasons.
Article IV - 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.C. 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-access-people-limited and additional resources on
http://www.lep.gov.
Article V - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted
as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and
Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. See also
Office of Management and Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application
of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.
Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that
none of the funds provided under this award may be used for a project for infrastructure unless:
(1) All iron and steel used in the project are produced in the United States--this means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States;
(2) All manufactured products used in the project are produced in the United States--this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product that
are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
2
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
(3) All construction materials are manufactured in the United States--this means that all manufacturing processes
for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but
are not an integral part of the structure or permanently affixed to the infrastructure project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.
(a) When the federal agency has made a determination that one of the following exceptions applies, the awarding
official may waive the application of the domestic content procurement preference in any case in which the
agency determines that:
(1) Applying the domestic content procurement preference would be inconsistent with the public interest;
(2) The types of iron, steel, manufactured products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) The inclusion of iron, steel, manufactured products, or construction materials produced in the United
States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The
agency will provide instructions on the format, contents, and supporting materials required for any waiver request.
Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the
OMB Made in America Office. There may be instances where an award qualifies, in whole or in part, for an
existing waiver described. For awards by the Federal Emergency Management Agency (FEMA), existing waivers
are available and the waiver process is described at "Buy America" Preference in FEMA Financial Assistance
Programs for Infrastructure | FEMA.gov. For awards by other DHS components, please contact the applicable
DHS FAO.
To see whether a particular DHS federal financial assistance program is considered an infrastructure program
and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for
FEMA awards, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov.
Article VI - Environmental Planning and Historic Preservation (EHP) Review
The DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP)
review are subject to the FEMA EHP review process. This review does not address all federal, state, and local
requirements. Acceptance of federal funding requires the subrecipient to comply with all federal, state, and local
laws.
The DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects
funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by: the National Environmental
Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program
regulations; and any other applicable laws and executive orders. The EHP review process must be completed
before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the
project due to noncompliance with EHP laws, executive orders, regulations, and policies.
If ground disturbing activities occur during construction, subrecipient will monitor ground disturbance, and if any
potential archeological resources are discovered the subrecipient will immediately cease work in that area and
notify the recipient, if applicable, and DHS/FEMA.
Article VII - Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients
and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not
apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the
acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its
3
inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or
impose additional liability or responsibility upon the Tribe where it does not already exist.
Article VIII - Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal
award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials
approved by FEMA and included in the award file.
Article IX - 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 X - 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 XI - Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons:
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 XII - 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
Executive Orde (EO) 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 XIII - Debarment and Suspension
Subrecipients are subject to the non-procurement debarment and suspension regulations implementing EO
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 XIV - 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 XV - 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 XVI - 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.
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Article XVII - 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 XVIII - 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 XIX - Best Practices for Collection and Use of Personally Identifiable Information
Subrecipients who collect personally identifiable information (PII) are required to have a publicly available privacy
policy that describes standards on the usage and maintenance of the PII they collect. The DHS defines 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 XX - 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 et seq.), which provides that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance. The DHS implementing
regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
Article XXI - Hotel and Motel Fire Safety Act of 1990
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 Section 6 of the Hotel and Motel Fire
Safety Act of 1990, 15 U.S.C. section 2225a.
Article XXII - Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-
state subrecipients, when that equipment is no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, you must request instructions from
FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and
state subrecipients must follow the disposition requirements in accordance with state laws and procedures.
Article XXIII - 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 XXIV - 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 XXV - Terrorist Financing
Subrecipients must comply with EO 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.
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Article XXVI - Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must request prior written approval
where required by 2 C.F.R. section 200.308.
For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under
2 C.F.R. section 200.308(f) 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 FEMA where the cumulative amount of such transfers
exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved.
For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion
under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before
making any fund or budget transfers between the two types of work.
Article XXVII - 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 XXVIII - 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 XXIX - 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 XXX - 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 XXXI - 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 XXXII - 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 XXXIII - 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. The
DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
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Article XXXIV - 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 et seq.), which prohibits discrimination on the
basis of age in any program or activity receiving federal financial assistance.
Article XXXV - 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 et 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 XXXVI - Assurances, Administrative Requirements, Cost Principles, Representations and
Certifications
The DHS financial assistance Subrecipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B 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 XXXVII - 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.C. sections 175-175c.
Article XXXVIII - 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 XXXIX - 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 XL - Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier 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 XLI - 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 et seq.), which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
Article XLII - Whistleblower Protection Act
Subrecipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.C section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XLIII - 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.)
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Article XLIV - 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 XLV - 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 XLVI - 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.