HomeMy WebLinkAboutResolutions - 2005.12.08 - 27807MISCELLANEOUS RESOLUTION # 05 288 December 8, 2005
BY: PUBLIC SERVICES COMMITTEE, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS -
HAZARDOUS MATERIALS EMERGENCY PLANNING 2005-2006 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 federal 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 $6,950 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 of $6,950 and to approve
any grant extensions or changes, within fifteen percent (15%) of the original award, which are
consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the
County to any future commitment.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Gregory absent.
Gail Novak
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Friday, November 18, 2005 9:48 AM
To: Doyle, Larry; Novak, Gail; Pearson, Linda
Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW — Emergency Response and Preparedness
GRANT REVIEW - Emergency Response and Preparedness
GRANT NAME: FY 2006 Hazardous Materials Emergency Preparedness (HMEP) Grant Agreement
FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail
Novak / 8-5080
STATUS: Acceptance
DATE: November 18, 2005
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have
completed internal grant review. Below are the comments returned by review departments.
The captioned grant materials and grant acceptance package (which should include the Board
of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance
Committee Fiscal Note, and this email containing grant review comments) may be requested
to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance
by Board resolution.
Department of Management and Budget:
Approved.- Laurie Van Pelt (11/9/2005)
Department of Human Resources:
Approved. - Nancy Scarlet (11/17/2005)
Risk Management and Safety:
Approved By Risk Management - Julie Secontine (11/14/2005)
Corporation Counsel:
I have reviewed the above-referenced grant agreement and there are no legal issues that
must be resolved before the agreement is executed. - Jody Hall (11/14/2005)
1
EXECUTIVE SUMMARY
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
2005-06 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, the level of federal
funding for the program and number of plans submitted. A 20% in-kind match is
required, however, no reports are required. The grant amount for Oakland
County for the period of October 1, 2005 through September 30, 2006, is up to
$6,950.
STATE OF MICHIGAN
HAZARDOUS MATERIALS EMERGENCY PLANNING
2005-2006 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 Local
Emergency Planning Committee, hereinafter called the grantee.
I. Purpose
The purpose of this grant is to provide federal Hazardous Materials Emergency
Preparedness (HMEP) funds to the grantee for the development of new 302 hazardous
materials emergency response plans as well as the updating of previously submitted
plans.
II. Grant Allocation
The total grant allocation for the Oakland LEPC is $6,950, 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.
III. Grant Terms
A. Responsibilities of the Grantee
The grantee agrees to comply with the following requirements:
I. Meet the LEPC eligibility requirements as stated in Attachment A, Planning
Grant Instructions, Section II.
2. Submit new 302 hazardous materials emergency response plans and the
enclosed Plan Review List, to the Emergency Management Division, no later
then July 1, 2006. No extensions will be granted. 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 for expenses incurred in developing the off-site
response procedures including, but not limited to, per diem for LEPC
members, printing, general office administrative expenses and equipment, and
LEPC planning staff costs.
4. Forfeit a prorated share of the allocation for the number of new plans and
updated plan reviews that were not submitted by the grantee.
5. Account for all grant receipts and expenditures in accordance with generally
accepted accounting procedures.
6. Allow the grantor to review grant expenditure documents upon request.
7. Ensure financial and compliance audits are performed in accordance with the
Single Audit Act of 1984.
8. Ensure that the required 20% local matching occurs as described in Attachment
B.
9. Assure compliance with Title VI of the Civil Rights act of 1964, as described
in Attachment C.
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
new plans and the list of reviews, in accordance with Attachment A, Planning
Grant Instructions.
5. May prorate the reimbursement if fewer numbers new plans and plan reviews
have been completed than the number required.
IV. Agreement Period
This agreement is in full force and effect from October 1, 2005 through September 30,
2006. 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.
Date
Date
/°/s, /0
4- • •
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
Signature of Administrator of Agency Receiving Funds
Signalure of Deputy State Director of Homeland Security
and Emergency Management
Hmepcontract05-06regular
Date
FISCAL NOTE (MISC. 105288)
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: COUNTY EXECUTIVE EMERGENCY RESPONSE AND PREPAREDNESS - HAZARDOUS MATERIALS
EMERGENCY PLANNING 2005-2006 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) was
eligible to receive up to $6,950 for the submittal for new and
updated plans.
3. This grant requires a 20t in-kind grant match of $1,390 in general
fund expenditures bringing the total program costs to $8,340.
4. The Fiscal Year 2006 County Executive-Emergency Preparedness budget
includes costs associated with this program, therefore, no budget
amendments are recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously ona roll call vote with Melton absent.
Resolution #05288 December 8, 2005
Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be
adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jam ian, KowaII, Long, Melton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
ME TIE FOREGOING MOON
V
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 8, 2005,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 8th day of December, 2005.
Ruth John/n, -eounty Clerk