HomeMy WebLinkAboutResolutions - 2002.03.27 - 26892MISCELLANEOUS RESOLUTION # 02077 March 28, 2002
BY: PUBLIC SERVICE COMMITTEE, Hugh D. Crawford, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND
PREPAREDNESS — HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS 2001-02 GRANT AGREEMENT
TO: The Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Superfund Amendment and Reauthorization Act (SARA) of 1986,
Title III, requires the planning and provisions for community right to know on extremely
hazardous substances in local communities; and
WHEREAS the Oakland County Local Emergency Planning Committee (LEPC) has
been organized and meets minimum criteria in performing planning functions; and
WHEREAS the U.S. Department of Transportation through the Hazardous Materials
Emergency Preparedness (HMEP) grant provides funds to LEPCs for the purpose of
enhancing hazardous material response planning; and
WHEREAS an application was submitted and Oakland County has been notified
that the LEPC is eligible to receive up to $16,000 for the submittal for new and updated
plans; and
WHEREAS no reports are required and the funds will be received upon submittal of
the plans as a work product; and
WHEREAS the grant agreement has been processed through the County Executive
Contract Review Process and the Board of Commissioners Grant Acceptance
Procedures.
NOW THEREFORE BE IT 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.
Chairperson, on behalf of the Public Services Committee, I move the adoption of
the foregoing resolution.
PUBLIC aRVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote yiith McPherson, Galloway and Coleman absent.
• Gail Novak
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Thursday, February 14, 2002 3:48 PM
To: Novak, Gail; VanLeuvenj; Pearson, Linda
Subject: CONTRACT REVIEW - (IT) COUNTY EXECUTIVE'S OFFICE
RE: CONTRACT REVIEW - COUNTY EXECUTIVE'S OFFICE (Note: This grant
contract went though review with Information Technology indicated as the
operating department. The correct operating department is the County
Executive.)
Emergency Management - Hazardous Materials Emergency Preparedness
2001-02 - Contract
Pursuant to Misc. Resolution #01320, please be advised the captioned
grant materials have completed internal contract review. Below are the
comments returned by review departments:
Department of Management and Budget:
I approve. - Jeff Pardee
Personnel Department:
I approve. - Judy Eaton
Risk Management and Safety:
Approved subject to modification. The site plan should state that the
information comes from the site. It should also state if the
information has been verified or not. The fire department should also
receive information as to the date of the survey. - Stan Fayne
Corporation Counsel:
I approve the below referenced grant. Please note, however, that any
contract in which we use these grant funds to purchase anything must
include the language contained in Appendix B and C (addressing
compliance with Civil Rights). - Jody Schaffer
The captioned grant materials and grant package may now be submitted for
review by the appropriate BoC committees.
Greg Givens
Fiscal Services
EXECUTIVE SUMMARY
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
2001-02 GRANT AGREEMENT
Background
The Superfund Amendment and Reauthorization Act of 1986 (SARA) was
enacted into federal law on October 17, 1986. The third section of SARA is
Title III — the Emergency Planning and Community Right to Know Act. Title III
established requirements for federal, state, local governments and industry
regarding emergency planning and right to know reporting on hazardous and
toxic substances.
In accordance with the provisions of the Act, the Governor appointed a State
Emergency Response Commission (SERC) that is responsible for supervising
and coordinating the activities of Local Emergency Planning Committees
(LEPCs), establishing procedures for receiving and processing public information
requests collected under other sections of the Act, and reviewing emergency
response plans.
Local emergency management jurisdictions were designated as local emergency
planning districts. Therefore, Oakland County was designated by the state
commission as a local planning district and, hence, provided nominations for the
County's LEPC. The Oakland County LEPC is responsible for preparing
emergency response plans, establishing rules, providing public notices of its
activities, and establishing procedures for handling public information requests
relating to facilities possessing hazardous and/or extremely hazardous
substances.
Grant
The U.S. Department of Transportation has provided grants to the states by the
collection of fees from the transportation of hazardous materials. In Michigan,
the grants are administered by the Michigan State Police Emergency
Management Division and are made available to LEPCs for the purpose of
planning.
This allocation is dependent upon who in the state applies and the level of
federal funding for the program. A 20% in-kind match is required, however, no
reports are required. The grant amount for Oakland County for the period of
October 1, 2001 through September 30, 2002, is up to $16,000. In the past, the
County has received approximately $11,000.
• JAN 1 7 2002
Emergemy Mgmt.
STATE OF MICHIGAN
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
2001-02 GRANT AGREEMENT
This agreement is hereby entered into between the Michigan Department of State Police,
Emergency Management Division, hereinafter called the grantor, and the Oakland County Local
Emergency Planning Committee, hereinafter called the grantee. The Catalog of Federal
Domestic Assistance (CFDA) number is 20.703.
Purpose
The purpose of this grant is to provide federal Hazardous Materials Emergency
Preparedness (HMEP) funds to the grantee for the development and maintenance of
community hazardous materials emergency response plans and related activity.
Grant Allocation
The total grant allocation for the Oakland County LEPC is $16,000.00, which will be
awarded as described in Attachment A, "Hazardous Material Emergency Preparedness
Planning Grant Instructions." This allocation is dependent upon the level of federal
funding for the HMEP program and may be reduced if federal funding is reduced. The
allocation is also dependent on the total number of hazardous materials off-site response
plans and plan updates that are submitted by all LEPCs participating in the HMEP grant
program in the state of Michigan.
III. Grant Terms
A. Responsibilities of the Grantee
The grantee agrees to comply with the following requirements:
1. Meet the LEPC eligibility requirements as stated in Attachment A, Planning
Grant Instructions, Section II.
2. Submit the number of SARA Title ill Section 302 off-site response plans
and/or plan updates as stated in the 2001-02 HMEP application (attached) to
the applicable Emergency Management Division District Coordinator upon
completion, but no later than July 1, 2002. No extensions will be granted.
The most current plan submittal documents must be included with each plan.
If a "Continuation" grant was requested, the LEPC must meet the requirements
stated in Attachment A, Planning Grant Instructions, Section IV.
3. Expend the planning grant funding for expenses incurred in
developing/updating off-site response plans and related activities. Eligible
expenses include, but are not limited to, per diem for LEPC members, printing,
general office administrative expenses, LEPC planning staff costs, and certain
equipment (upon prior approval of the Emergency Management Division).
4. Forfeit a prorated share of the allocation for the number of off-site plans and/or
plan updates that were not submitted by the grantee, or not accepted as work
products by the grantor.
5. Account for all grant receipts and expenditures in accordance with generally
accepted accounting practices.
6. Retain all records for a period of 3 years after the end of the grant period and/or
until any claims, litigation or audit findings have been resolved.
7. Allow the grantor or authorized representatives of the federal government to
review grant expenditure documents upon request.
8. Ensure financial and compliance audits are performed in accordance with the
Single Audit Act of 1996.
9. Ensure that the required 20% local, non-federal match is based on actual
payment received under this grant. Actual payment may be higher than the
amount given on page 1 of this agreement. The match amount must be applied
to approved activities.
10. Assure compliance with Title VI of the Civil Rights act of 1964, as described
in Attachment C.
11. Allow USDOT a royalty free, nonexclusive and irrevocable license to
reproduce, publish or otherwise use and authorize others to use any material,
copyrighted or otherwise, developed under this grant.
12. Comply with all applicable provisions of federal, state, and local laws,
regulations, policies and administrative practices, and USDOT directives
currently in force or as modified during the grant period.
13. Contact the EMD for information on the applicable rules, regulations, and
federal government authorizations needed if grant funds will be used to
produce technical reports, books, copyrighted material, patentable inventions,
and subject data.
B. Responsibilities of the Grantor
The grantor agrees to do the following:
1. Provide the grantee with the required report forms.
2. Provide copies of standards and other information it uses in determining
acceptable work products.
3. Review work products against established standards.
4. Provide payment of the planning grant to the grantee when it has submitted the
required number of off-site response plans that meet work product standards
and are accepted by the grantor in accordance with Attachment A, Planning
Grant Instructions.
8. Prorate reimbursement if fewer off-site response plans and/or plan updates are
submitted than the contract requires.
IV. Agreement Period
This agreement is in full force and effect from October 1, 2001 through September 30,
2002. Expenditures that occur prior to or after the agreement period are not eligible
expenses under the grant. The 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 agreement,
by giving thirty (30) days written notice to the other party stating cause and effective
date.
V. Certifications
Each individual signing this agreement certifies by his or her signature that he or she is
authorized to sign this agreement on behalf of the responsible governing board, official or
agency.
Signature of LEPC Chairperson Date
Signature of Administrator of Agency Receiving Funds Date
January 15, 2002
Si jr e of Diity State Director of Emergency Management Date
(095)
FISCAL NOTE #02077 March 28, 2002
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - HAZARDOUS
MATERIALS EMERGENCY PREPAREDNESS 2001-02 GRANT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The resolution recognizes the Superfund Amendment and
Reauthorization Act (SARA) of 1986, Title III which requires the
planning and provision for community right to know on extremely
hazardous substances in local communities.
2. A grant application was submitted and Oakland County has been
notified that the Local Emergency Planning Committee (LEPC) has been
awarded $16,000, for the initial year of this grant.
3. Emergency Response and Preparedness will meet the required 20%
($3,200) local, non-federal match.
4. The grant agreement has been processed through the County Executive
Contract Review Process and the Board of Commissioners Grant
Acceptance Procedures.
5. Building Space favorablity will offset grant match expenditures.
6. The Fiscal Year 2002 County Executive-Emergency Preparedness Grant
budget should be entered, as specified below, to recognize the
revenues and expenses of the Hazardous Materials Emergency
Preparedness 2001-02 Grant Agreement for the period of October 1,
2001 through September 30, 2002 as follows:
Revenue
1-11-276-100811-65001-0171 Grants State $16,000
1-11-276-100811-65001-0161 Grant Match 3,200
$19,200
Expense
2-11-276-200811-65001-6631 Bldg. Space Cost Alloc. $19,200
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Patterson
absent.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 28"' day of March, 2002.
Resolution #02077 March 28, 2002
Moved by Middleton supported by Douglas the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas,
Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer,
Patterson, Sever, Suarez, Webster, Amos. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
March 28, 2002, with the original record thereof now remaining in my office.
G. William Caddell, County Clerk