HomeMy WebLinkAboutResolutions - 2008.01.17 - 9462January 17, 2008
MISCELLANEOUS RESOLUTION # 08010
BY: PUBLIC SERVICES COMMITTEE, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS -
HAZARDOUS MATERIALS EMERGENCY PLANNING 2007-2008 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 $8,800 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 $8,800 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 unanimously on a roll call vote
Page 1 of 2
Tricia Smith
From: Diane Creguer [creguerd@oakgov.corn]
Sent: Wednesday, December 19, 2007 4:25 PM
To: 'Tricia Smith'; 'Linda P'
Subject: Grant Sign Off: County Executive, Emergency Response and Preparedness - 2007-2008 Hazardous
Materials Emergency Preparedness (HMEP) Grant Acceptance
The complete grant sign off package is attached.
GRANT REVIEW SIGN OFF - County Executive, Emergency Response and Preparedness
GRANT NAME: 2007-2008 Hazardous Materials Emergency Preparedness (HMEP) Grant
FUNDING AGENCY: Michigan State Police Emergency Management and Homeland Security Division
DEPARTMENT CONTACT PERSON: Tricia Smith / 248 858-5371
STATUS: Grant Acceptance
DATE: December 19, 2007
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant
review. Below are the returned 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
Department of Management and Budget:
Approved. — Laurie Van Pelt (11/30/2007)
Department of Human Resources:
Approved by HR. — Jennifer Mason (12/03/2007)
Risk Management and Safety:
Approved By Risk Management - Andrea Plotkowski (12/12/2007)
Corporation Counsel:
There are no legal issues that need to be resolved before the above-referenced grant is accepted, especially in light of the
fact that the Oakland County Local Emergency Planning Committee is the sub-grantee and the County is the "Agency
Receiving the Funds." — Jody Hall (12/19/2007)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically
cited compliance related documents for this grant.
Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133
http://www.wh itehouse.gov/om b/c ircu lars/inclex 11 tm I
US General Accounting Office Government Auditing Standards
http://www.gao.gov/govaud/d07162g.pdf
Federal Civil Rights Act of 1964
bttp://www.usdoj.gov/crt/cor/index.lam
12/20/2007
STATE OF MICHIGAN
HAZARDOUS MATERIALS EMERGENCY PLANNING
2007-2008 GRANT AGREEMENT
October 1, 2007 to September 30, 2008
CFDA Number:
20.703
This agreement is hereby entered into between the Michigan Department of State Police, Emergency
Management and Homeland Security Division (hereinafter called the sub-grantor) and the Oakland County
Local Emergency Planning Committee (hereinafter called the sub-grantee).
I. Purpose
The purpose of this grant is to provide federal Hazardous Materials Emergency Preparedness
(hereinafter called HMEP) 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 2007 Hazardous Materials Emergency Preparedness (HMEP) is authorized by
Federal Hazardous Materials Transportation Law (49 U.S.C. Section 5101 et. seq.)
III. Grant Allocation
The total grant allocation for the Oakland County LEPC is $8,800.00, 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.
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.
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 07-08 application (attached) to the Emergency Management and Homeland Security
Division, no later than July 1, 2008. 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.goviomb/circulars/index.html and the U.S. General Accounting
Office Government Auditing Standards, located at: http://www.gao.gov/govaud/ybk01.html.
6. Retain all financial records, supporting documents, and statistical records, and all other
records pertinent to the 2007 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 required 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.
Signatweiof Ad
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, 2007 through September 30,
2008. 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 sign this agreement on behalf of the responsible governing board, official, or agency.
Signature of LEPC Chairperson (John Reardon) Date
r of Agency Receiving Funds Date
October 26, 2007
Capt. Eddi6 L. Washington, Jr., Deputy State Director of Date
Emergency Management and Homeland Security (86)
3
EXECUTIVE SUMMARY
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
2007-08 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, 2007 through September 30, 2008, is up to
$8,800.
ATTACHMENT B
HMEP 2007-2008
PLANNING GRANT AGREEMENT
20% IN-KIND MATCH
The Oakland County LEPC has been allocated the funding amount specified in the attached
grant agreement. Therefore. a 20% local fund match of $1,760.00 is required.
The LEPC agrees to use the following as its 20% in-kind match:
(This can be any non-federal money from a government jurisdiction, industry, or other organization represented on
the LEPC.)
,
El
Planning Personnel: .Z.O/C/ PA CI 4 S
(name)
)
whose salary and fringe benefits cost $ •243. 17 per hour, will work approximately 4 000 hours on LEPC planning.
Secretarial:
(name of employee or of secretarial service)
whose salary and fringe benefits cost $ per hour, will work approximately
hours on LEPC business.
Office Space:
(government jurisdiction or other entity)
will provide a square foot office located at
to the LEPC at a cost of $ per square foot.
Mailing:
(government jurisdiction or other entity)
will provide $ toward LEPC related mailings.
Printing:
(government jurisdiction or other entity)
will provide $ toward LEPC related printing.
Other: (Describe)
Name of Fiscal Officer of Agency:
Timothy Soave Manager, Fiscal Services
City:
Waterford
Federal ID Number:
zip:
4 8 3 2 8
3 8 — 6 0 0 4 8 7 6
Name of LEPC Chair:
John Reardon
Telephone: (2 4 8) 858-5300
City: Address: 2830 Pinto Drive 4 382 Commerce
MICHIGAN STATE POLIE
mergency 4
Management and Homeland Security Dimwit
(517)333-2749
For FY 2007-2008 Michigan State Paco
RECEIVED
LOCAL EMERGENCY PLANNING COMMITTEE APPLICATIOlEp 1 3 2007
FOR HAZARDOUS MATERIAL EMERGENCY PREPAREDNESS GRANT
mgmt &
SEND COMPLETED APPLICATION TO MSP/EMERCiENCY MANAGEMENT AND HOMELANDOZCZorIty Div.
DIVISION, 4000 COLLINS ROAD, LANSING, MI. 48910.
APPLICATIONS ARE DUE SEPTEMBER 15, 2 -007.
LEPC Name:
Oakland County
Name of LEPC Grant Contact: . Tricia Smith
Daytime Telephone: (248) 858-5371
Name of Government Jurisdiction and Agency to receive H_MEP funds: Oakland County
Mailing Address:
2100 Pontiac Lake Road
Daytime Telephone: (2 4 8 ) 8 5 8 — 0 807
THE FOLLOWING POSITIONS MUST BE FILLED AS A CONDITION OF THE GRANT:
City:
Name of Public Information Coordinator:
Tricia Smith
Address:
1200 N Telegraph
Name of Emergency Management Coordinator:
Gail Novak
Telephone: (248) 858-5371
Pontiac 48341
Telephone: (2 4 8 ) 8 5 8 — 0 80
I City: Address:
1200 N Telegraph - Pontiac 48341 Pontiac
zip:
4 8
The LEPC meeting schedule is attached (THIS IS A REQUIREMENT). Yes EIC No [1
Note: The LEPC must verify that meetings were held as scheduled by submitting the minutes or a list of attendees
after the meeting is held to the Emergency Management and Homeland Security Division.
APPLICANTS MUST FILL IN THE APPROPRIATE BLANKS IN THIS SECTION,
A. This LEPC has completed HMEP accepted off-site response plans for all sites on the current 302 List (enclosed)
and requests a S600 continuation grant.
B. X This LEPC has completed all plans from last year's 302 site list but has had new sites added to this year's list.
This LEPC will complete the new plans on the DEQ 302 site list and requests a continuation grant. This requirement
must be met in order to receive the $600 continuation grant.
C. This LEPC proposes to complete updates of 200 (specify a number) current 302 site plans.
D. This LEP will complete 2 0 (specify a number) new 302 site plans.
LEPC Chair signatije
1_
AUTHORITY PI 93-258, as amended
COMPLIANCE: Voluntary, but failure to complete
application will make application invalid.
Date
FISCAL NOTE (MR #08010 January 17, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - HAZARDOUS
MATERIALS EMERGENCY PLANNING 2007-2008 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 $8,800 for the submittal for
new and updated plans.
3. This grant requires an in-kind grant match of $1,760 in
general fund expenditures bringing the total program costs to
$10,560.
4. The Fiscal Year 2008 County Executive-Emergency Preparedness
budget includes costs associated with this program, (account
610313) therefore, no budget amendments are recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel
absent.
Resolution #08010 January 17, 2008
Moved by Rogers supported by Gershenson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
,
I HEREBY APPROVE THE FOREGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
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 January 17, 2008,
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 17th day of January, 2008.
41A116.,
Rt7tpaOhrrialSil, ounty Clerk