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HomeMy WebLinkAboutResolutions - 2006.11.30 - 28279MISCELLANEOUS RESOLUTION ft 06 221 November 30, 2006 BY: PUBLIC SERVICES COMMITTEE, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - HAZARDOUS MATERIALS EMERGENCY PLANNING 2006-2007 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 $9,950 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 $9,950 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 Scott, Gregory and Gershenson absent. , Page 1 of 2 Gail Novak From: Greg Givens [givensg@oakgov.corn] Sent: Wednesday, November 01, 2006 3:32 PM To: Doyle, Larry; 'Gail Novak'; 'Linda Pearson' Cc: 'Worthington, Pam'; 'Candace Frederick'; Greg Givens; 'Hanger, Helen', 'Johnston, Brenthy; 'Mitchell, Sheryl'; 'Pardee, Mary'; 'Smith, Laverne', 'Wenzel, Nancy' Subject: GRANT REVIEW SIGN OFF - Emergency Response and Preparedness GRANT REVIEW SIGN OFF — Emergency Response and Preparedness GRANT NAME: FY 2007 Hazardous Materials Emergency Preparedness / SARA Title HI FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail Novak / 8-5080 STATUS: Acceptance DATE: November 1, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned review comments. 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 Sign Off 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 REVIEW Please note staff from Corporation Counsel has provided comment. The modifications required by Corporation Counsel should be incorporated into the contract prior to contract execution by the Board Chair. A copy of this review comment "sign-off' sheet must be signed by the operating department's director at the space provided below Corporation Counsel's comments. This signature is to acknowledge the required modification is made to the contract. The sign-off sheet, with department signature, must accompany the contract when presented to the Board Chair for signature. Department of Management and Budget: Approved. — Laurie Van Pelt (10/27/2006) Department of Human Resources: Approved. — Nancy Scarlet (10/28/2006) Risk Management and Safety: Approved By Risk Management — Julie Secontine (11/1/2006) Corporation Counsel: After reviewing the above-referenced grant agreement I have found one item that needs to be corrected. As written the grant agreement is between "the Michigan Department of State Police, Emergency Management and Homeland Security Division" and "the Oakland County Local Emergency Planning Committee". The grant agreement should be between the state and "the County of Oakland". Gail, can you please make this change like we have done with the other emergency management/homeland security grants. I don't envision any problems with this request; however, if there are any issues, please let me know and I would be happy to assist. - Jody S. 11/1/2006 Page 2 of 2 Hall (10/31/2006) This is to certify that the required changes noted by Corporation Counsel are made to the contract agreement being signed by t1e Board Chair. ,--1 Department Director 7)1,— Date OL ' C COMPLIANCE The grant agreement references a number of specific federal regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Hazardous Materials Transportation Law –49 USC 5101; [Select Hit 1] littp://frwebgate.access.gpo.gov/c, Federal Office of Management and Budget (OMB) Circular No. A-87 - Cost Principles for Local Government. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants with State and local governments. http://www.whitehouse.goviombicirculars/a087/a87_2004.html Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular establishes consistency and uniformity among Federal agencies in the management of grants and cooperative agreements with State, local. and tribal governments. http://www.wh itehouse. gov/omb/c ircu lars/a102/a 1 02.1itm I Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non- profit organizations expending federal awards. lutp://www.whitehouse.goviomb/circulars/a133/a133.11tni Federal Single Audit Act of 1984; littp://www.whitehouse.gov/ombifinancial/fin _single_audit.html Federal "Civil Rights Act of 1964" http://www.usdoj.gov/crt/cor/index.htm 11/1/2006 EXECUTIVE SUMMARY HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS 2006-07 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 Ill 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, 2006 through September 30, 2007, is up to $9,950. STATE OF MICHIGAN HAZARDOUS MATERIALS EMERGENCY PLANNING 2006-2007 GRANT AGREEMENT October 1, 2006 to September 30, 2007 CFDA Number: 20.703 ST-PkTz This agreement is hereby entered into between the Michigan Departm-e.nt-of-State-P-Wir.61,-Ecaliggeacy Managemopt-a4444emei3;44-SeGitlf-ity-PMF4an (hereinafter called the sub-grantor) and the Oakland County •6eeekE-Fmertelasy-R1644444f11.-GOFF1421444343- (hereinafter called the sub-grantee). I. Purpose The purpose of this grant is to provide federal Hazardous Materials Emergency Preparedness (hereinafter called HIVIEP) funds to the sub-grantee for the review of new 302 hazardous materials emergency response plans, as well as the updating of previously submitted plans. II. Statutory Authority Funding for the 2006 Hazardous Materials Emergency Preparedness (HMEP) is authorized by Federal Hazardous Materials Transportation Law (49 U.S.C. Section 5101 et. seq.) Ill. Grant Allocation The total grant allocation for the Oakland County LEPC is $9,950 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. IV. Grant Terms A. Responsibilities of the Sub-grantee. The sub-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 new 302 hazardous materials emergency response plans, and identify which facility plans were reviewed on the enclosed "Plan Review List" sheet, as stated in the 06-07 application (attached) to the Emergency Management and Homeland Security Division, no later than July 1, 2007. 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 reviews that were not submitted by the sub-grantee. 1 5. Account for all grant receipts and expenditures in accordance with generally accepted accounting procedures. In doing so, the sub-grantee agrees to comply with all financial and administrative requirements in accordance with the Federal Office of Management and Budget Circulars A-87, A-102, and A-133, as revised, located at http://www.whitehouse.gov/omb/circulars/index.html and the U.S. General Accounting Office Government Auditing Standards, located at: http://www.gao.gov/govaud/vbk01.html. 6. Retain all financial records, supporting documents, and statistical records, and all other records pertinent to the 2006 HMEP grant, for at least three years after the financial close-out date of this grant program for purposes of federal and/or state examination and audit. 7. Ensure that the reqwred financial and compliance audits are performed in accordance with the Single Audit Act of 1984, as amended, and OMB Circular, A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 8. Ensure that the required 20 percent local matching occurs, as described in Attachment B. 9. Ensure that federal funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit. The sub-grantee may be required to supply documentation certifying that they did not reduce non-federal funds because of receiving federal funds. Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs. 10. Assure compliance with Title VI of the Civil Rights Act of 1964, as described within Appendix B of Attachment C. 11. Assure compliance with Federal Certifications, including Debarment and Suspension, Drug-Free Workplace, and Anti-Lobbying. (Attachment D) B. Responsibilities of the Sub-grantor. The sub-grantor agrees to do the following: 1. Provide the sub-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 sub-grantee, when it has submitted the list of reviews in accordance with Attachment A, Planning Grant Instructions. 5. May prorate the reimbursement, if fewer numbers of reviews have been completed than the number required. V. Limitation of Liability The sub-grantor and sub-grantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. 2 4417—ate ate br-Z Sigtiatfure of LEPC-Chairperso (John Reardon) Date September 28, 2006 Date VI. 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. VII. Grant Agreement Period This Grant Agreement is in full force and effect from October 1, 2006 through September 30, 2007. No costs eligible under this Grant Agreement shall be incurred before the starting date of this Grant Agreement, except with prior written approval. This Grant Agreement consists of two identical sets simultaneously executed; each is considered an original having identical legal effect. Either party may terminate this Grant Agreement by giving thirty (30) days written notice to the other party, stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the sub-grantee agrees to return to the sub-grantor any funds not authorized for use, and the sub-grantee shall have no further obligation to make payments. VIII. Entire Grant Agreement This Grant Agreement is governed by the laws of the state of Michigan and supersedes all prior agreements, documents, and representations between sub-grantor and sub-grantee, whether expressed, implied, or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended, except by written instrument executed by both parties prior to the termination date set forth in Paragraph XI above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interests, or obligations hereunder without the prior consent of the other party. The sub-grantee agrees to inform sub-grantor immediately, in writing, of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget, or services are subject to prior written approval of sub-grantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. IX. Business Integrity Clause The sub-grantor may immediately cancel the Grant Agreement without further liability to the sub-grantor or its employees, if the sub-grantee, an officer of the sub-grantee, or an owner of a 25 percent or greater share of the sub-grantee, is convicted of a criminal offense incident to the application for, or performance of, a state, public, or private grant or subcontract; or convicted of a criminal offense, including but not limited to, any of the following: Embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for state of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the sub-grantor, reflects on the sub-grantee's business integrity. X. Certifications Each individual signing this agreement certifies, by his or her signature, that he or she is authorized to sigryttri agreeTent on behalf2af-tIr responsible governing board, official, or agency. Siknature of Adininistrator of Agency Receiving Funds (005) Capt. Eddie L.' Washington, Jr. Deputy State Director of Emergency Management and Homeland Security 3 S • FISCAL NOTE (MISC. #06221) November 30, 2006 BY: FINANCE COMMITEEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS HAZARDOUS MATERIALS EMERGENCY PLANNING 2006-2007 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 $9,950 for the submittal for new and updated plans. 3. This grant requires a 20W in-kind grant match of $1,990 in general fund expenditures, bringing the total program costs to $11,940. 4. The Fiscal Year 2007 Adopted Budget for Emergency Preparedness includes in-kind costs associated with this program, and therefore, no budget amendment is necessary. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton, Wilson and Jamian absent. 1 • • q I IEREBY Ruth Johnson, County Clerk Resolution #06221 November 30, 2006 Moved by Suarez supported by Molnar the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen, Jamian, Kowall, Long, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voting in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). 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 November 30, 2006, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 30th day of November, 2006.