Loading...
HomeMy WebLinkAbout2006 S EMS - Acceptance of 2005 Buffer Zone Protection Program (BZPP) Grant Fundst ~~'1= ~.~zr~o6 ~, ~ ~ MOA#: HS-MU-03-5068 Tax ID #: Fund Code: 1510-5195 MOA Amount: $50,000 CFDA#: 97.004 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT AND THE COUNTY OF ORANGE I. SUBJECT To ensuze adequate prepazedness for a response to an act of'terrarism within the State ofNozth Cazolina, funding has been allocated foz the pz~ocurement of equupment„ Phis equipment will be used for Critical Infi~astructuze Protection (C1P) by first responders, local law enforcement and/or' state personnel in their effort to protect human life, prbpezty, and the environment.. II. PURPOSE The Depaztment of Crime Control and Public Safety, Division of'Emergency Management and the County of Orange, will enter into an agreement to provide additional funding for procurement of equipment for Critical Infz•astructure Protection Program.. III. PARTIES The pasties to this Memorandum of'Agreement (MOA) are: Nozth Cazolina Depaztrnent of Crime Control & Public Safety, Division of Emergency Management, henceforth in this document will be referred to as Gz~antee and the County of Orange, henceforth in this document will be referred to as Sub-gzantee. PV. BACKGROUND The U.S. Department of Homeland Security and the Office of~Domestic Prepaz~edness has made funds available through the State Homeland Security Grant Number: FY 2003 TE-TX-0184 Pazt Ito implement the State Domestic Preparedness Strategic Plan of'April 1, 2003 and FY 2003 State Homeland Security Grant Pr~ogtam II, also know, as the Supplemental Grant Pz~ogr~arn„ These programs were established to provide federal reimbursement to state and local governments for the costs associated with purchasing equipment, conducting exercises, training and planning for CBRNE tezr~orist events The Grantee and the Sub-grantee enter into an azx•angement by which the Division of EM will provide Federal reimbursement funding to the Sub-grantee for the procurement of CIP equipment agreed upon in Annex A. V. AUTHORITY The patties enter into this MOA under the authority ofthe following: 1) Public Law 105-277, the Departments of'Commex~ce, .Justice, and State, the ludiciazy, and Related Agencies Appropriations Act, 1999 (Div. A, Sec,.101 (B) at 112 Stat., 2681-50); 2) Department of".Justice Appropriations Act, 1999 (Div.. A, Sec. 101(B), Title I at 112 Stat.. 2681-50; 3) Public Law 107- 56, the U•S Patriot Act of'2001; 4) Public Law 107-296, the Homeland Security Act of 2002; 4) Public Law 108-11, the Wartime Supplemental Appropriations Act of'2003; 5) FY 200.3 Omnibus Appropriations Act; 6} FY 2004 Homeland Securityy Appropriations Act; 7) the implementing regulations of'each Act ox Law; 8) the U..S. Department af'.Justice (iISDO.J), Office of,Justice Programs (O.JP), OfEce ofDomestic Px•epaz•edness (ODP), Fiscal Yeaz• 2001, 2002, State Domestic Px•epaz•edness Ptogr•am, Program Guidelines and Application Kits, The USDO.J, Office of'.Justice Pxograzns, Office of'Domestic Pxepaz•edness FY 2003 State Homeland Security Grant Program II Pxogr•am Guidelines and Application Kit, and the Fiscal Year 2004 State Homeland Security Grant Program Guidelines and Application Kit available at http://www.oip.usdoj gov/auidelinesinfo htm ; 9) applicable ODP Irxformation Bulletins; and 10) The N..C. Emergency Management Act, Chapter 166A of'the North Cazolina General Statutes.. VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT The Gx•antee agrees to provide reimbursement to Sub-grantee for the purchase of CIP equipment as described in Annex A.. VII. DUTIES AND RESPONSIBILITIES OF THE SUB-GRANTEE Sub-grantee agrees to: A.. Px•ocure equipment as indicated in Annex A and as indicated in the applicable USDOJ, OJP, ODP Pr~ogr•am Guidelines and Application Kits, of this MOA for additional Critical Infxasttuctux•e Protection Program enhancement. B.. Sub-grantee will utilize its departmental procurement procedures and policies of the purchase of equipment listed in Annex A, attached and incorporated by reference herein, and follow pxncux~ement procedures and policies outlined in the applicable federal x•egulations and as outlined in the applicable USD07, O.JP, ODP Program Guidelines and Application Kits and the USDO,J Office of Justice Programs Financial Guide.. C. Procut•e the equipment as indicated in Annex A and as indicated in the applicable USDO.J, OTP, ODP Pr•ograrn Guidelines and Application Kits, attached and incoxpor•ated by reference herein. Sub-grantee shall ordex•, receive, inspect, and stage the items at its own Page 2 of 1 I facility. The purchase or• acquisition of any additional materials, equipment, accessories ox' supplies, or the provision of any tx•azning, shall be the sole responsibility of'Sub-grantee and shall not be reimbursed under this MOA. D. Sub-grantee shall submit invoice (s) for' item (s) received and Payment Package to the NCEM Homeland Security grants coordinator requesting reimbursement., The Grantee will reimburse Sub-gr•autee for• eligible costs as outlined in the applicable USDO.T, O.TP, ODP Pr~ogr~am Guidelines and Application Kits.. E. Maintain inventory control of'all items as outlined in the applicable federal regulations, and the applicable U.S.. DOT Office of',Tustice Pr•ogxams Financial Guide, attached and incorporated by reference herein.. F. Complete the procurement px•ocess not later than APRIL .30, 2006 G. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable USDOT, OTP, ODP Program Guidelines and Application Kits and as outlined in the Standard Assurances., H.. All original records pertinent to this MOA shall be retained by Sub-grantee three years fiom the date of'the final Financial Status Report as outlined in the applicable USDO7, O,TP, ODP Program Guidelines and Application Kits and the USDO,T.Offrce of',Tustice Programs Financial Guide, with the following exception: If'any litigation, claim or audit is started before the expiration of the three year period and extends. beyond the three yeaz• period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved.. VIII. FUNDING AND COMPENSATION The Grantee will reimburse Sub-grantee for,the actual eligible costs incurx•ed, not to exceed $50,000 to procure CIP equipment as described in Annex A of this MOA. Funds will be provided by the Grantee.. The allocation of funds will be from the DO.J/DHS/ODP FY 2003 Pact II Statewide Domestic Prepaz~edness Grant. All terms and conditions of'this Agreement aze dependent upon and subject to the allocation of funds from DOT/DHS/ODP and the Department of Crime Control and Public Safety, Division of Emergency Management for• the purposes set forth and the MOA shall automatically terminate if' funds cease to be available. Allowable eligible costs shall be determined in accordance with the applicable fedex•al regulations, including but not limited to, 28 C.F.R. Parts 66, 67, 69 and 70, and the applicable USDO.T, OTP, ODP Program Guidelines and Application Kits available at htta://www.ojp.usdoj.gov/ uidelinesinfo htm ,OMB Circulars A-21, A-87, A-122, A-128 and A- 133, the U..S DOT Office of.Tustice-Programs Financial Guide available at http://www.ojp.usdo'. ov/ FinGuidel, and the approval of~the SAA FOR THE STATE OF Page 3 of 11 NORTH CAROLINA, Secr•etazy of Crime Control and Public Safety, The applicable USDOJ, O.1P, ODP Program Guidelines and Application Kits, include but may not be limited to, the following: 1) The U.S.. Depaztment of'Justice (USDO.J), Office of'Justice Px~ogz~azns {OTP), Office of Domestic Pz•epar~edness {ODP), Fiscal Year 2001 State Domestic Preparedness Pr'ogxam, Program Guidelines and Application Kit; 2} Fiscal Yeaz• 2002 State Domestic Pr•epaz~edness Pr•ogr•am, Program Guidelines and Application Kit; 3) The USDO.I, Office of .Justice Px•ograms, Office afDomestic Preparedness FY 2003 State Homeland Security Grant Pr~ogzazn II Program Guidelines and Application Kit; and 4) Fiscal Yeaz 2004 State Homeland Security Grant Pr•ogz~am Guidelines and Application Kit., The Federal Department of Homeland Security will reimburse the State of'Noxth Caz•olina fox expenses that were approved on Annex A as explained in the applicable USDOJ, O,JP, ODP Pz•ogram Guidelines and Application Kits.. The Grantee will reimburse the Sub-grantee for eligible expenses that were approved in Annex A.. Compensation will be in accordance to Annex B IX. MODIFICATION OF THE AGREEMENT Modifications of'this agreement must be in writing and upon appx•oval of~both parties except as modified by official USDHS, SLGCP, ODP Federal Grant Adjustment Notice (GAN). X. PROPERTY All property furnished uxrder this agreement shall become the propezty of'the Sub-grantee. The Sub-grantee shall be responsible for the custody and cave of any propezty furnished for use in connection with the per•foxmance of'this agreement and shall reimburse the Grantee for any loss or damage to said propezty to the extent permitted by the North Carolina Toxt Claims Act. The Grantee will not be held z~esponsible foz any equipment purchased by Sub-grantee. XI. COMMU)\TICATIONS To provide consistent and effective communication between the Sub-grantee and the Grantee, each party shall appoint a Principal Repzesentative(s) to serve as its central point of contact responsible fox coordinating and implementing this MOA.. The Grantee contacts shall be H, Douglas Hoell, .1r•.., Director; Toe Fitzpatrick, Bzanch Manager, Homeland Security and ,J. D.. Hughes, Grant Coordinator, Homeland Security, Phone: 919-715-8000 Ext.. 230, E-mail: j dhughes @nc em.. org.. All confidential information of either: party disclosed to the other patty in connection with the services provided hereunder will be treated by the receiving party as confidential and r•estzicted in its use to only those uses contemplated by the terms of'this Agreement unless othezwise provided by applicable State and Federal Iaw.. Any information which is to be treated as confidential must be cleazly marked as confidential prior to transmittal to the other party. Neither pazty shall disclose to third parties, the other party's confidential information without written authorization to do so from the other party. Specifically excluded from such confidential Page 4 of 11 treatment shall be information which: {i) as of the date of disclosure and/or delivery, is already known to the party receiving such information; (ii) is or' becomes pazt of the public domain, through no fault of'the receiving party; (iii) is lawfully disclosed to the receiving party by a thixd party who is not obligated to retain such information in confidence; or• (iv) is independently developed at the receiving party by someone not privy to the confidential information.. XII. SUBCONTRACTING AND SUBGRANTING If the Sub-grantee subcontracts or subgrants any or all purchases requited under this Agreement, Sub-grantee agrees to include in the subcontract or subgrant that the subcontractoz/subgrantee is bound by the terms and conditions of this MOA. Sub-grantee agrees to include in the subcontract/subgrant that the subcontractor/subgr•antee shall hold the Grantee harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA, to the extent allowed and required by law. Tf Sub-grantee subcontr•acts/subgr•ants, acopy of'the executed subcontract/subgrant agreement must be forwaz•ded to the Grantee and approval granted prior to the execution of said subcontract/subgrant. Contractual arrangement shall in no way relieve Sub-grantee of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements.. Sub-grantee is bound by the terms, conditions and restrictions of'the applicable USDHS, SLGCP, ODP, Homeland Security and Office of Domestic Pr•epazedness Program Guidelines and Application Kits referenced hez•ein. XIII. COMPLIANCE WITH THE LAW Sub-grantee shall be wholly responsible for the puz•chases to be made under this MOA and fox' the supervision of its employees and assistants. Sub-grantee shall be responsible for compliance with all laws, ordinances, codes, rules, regulations; licensing requirements and other regulatory matters that az•e applicable to the conduct of its business and purchase zequirements performed under this MOA, including those of federal requirements and ,State, and local agencies having appropriate jurisdiction and found in applicable USDO.T, O,TP, ODP Program Guidelines and Application Kits. X1V. WARRANTY Sub-grantee shall hold the Grantee harmless for any liability and personal injury that may occur from or in connection with the performance of'this MOA to the extent permitted by the North Carolina Tort Claims Act. XV. ANTITRUST LAWS This Agreement is entered into in compliance with all State and Federal antitrust laws. Page 5 of 11 XVI. TERMINATION The termination date is APRIL 30, 2006.. This MOA may be terminated upon submission of a 30-day advance written notice of'tersnination„ Upon approval by USDOJ, ODP and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension will be the date listed in the applicable USDOT, OJP Gx•ant Adjustment Notice, attached and incoxpox•ated by reference herein. lf'DHS suspends or terminates funding in accordance with 28 C.,F.,R. §66.43 and the applicable U..S.. Department of Homeland Security, O.JP, ODP Program Guidelines and Application Kits, attached and incorporated by r eference herein, Sub-grantee shall reimburse the Division of Emergency Management for said property., XVII. ENTIRE AGREEMENT This Agreement and any exhibits and amendments annexed hereto and any documents incorporated specifically by reference represents the entire agreement between the parties and supersede all prior ox•a1 and wzitten statements or agreements.. XVIII. EXECUTION This MOA will become effective upon execution of ail pazties to the MOA.. The date of execution shall be the date of'the last signatru•e which shall be that of'Mx•., Gerald A. Rudisill, 7r., Deputy Secretary, NC Department of Crime Control and Public Safety Page 6 of 11 CONIRACIING AGENCY: DTi~LSION OF EMERGENCY MANAGEMENI DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFEIY BY: t _ ~. H. DOU HOELL, JR. ,DIRECTOR DIVISION OF EMERGENCY MANAGEMENT DATE: ~.-~l~t BY: JO ,LINK, COUNIX MANAGER, ORANGE COUNIY DAIS: ~ C~ APPROVED AS I O OCED~URES: q BY: B AIKEN, ONTROLLER DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY DATE:. y/~ /~Cy VIN WATERS, CCPS GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF CRIME CONIItOL AND PUBLIC SAFETY BY MARVIN WATERS, CCPS GENERAL COUNSEL, TO FULFH.L THE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY STATE SECURITY GRANT PROGRAM DATE: ~ ~~9~vS BY: (/ ~ D A. RUDISILL, JR., DEPUTY SEC ~ Y NORTH CAROLINA EPARTMENT OF CONTROL & PUBLIC SAFETY DAIS: ~ 0 G PREVIOUSLY APPROVED AS IO FORM FOR THE US DEPARTMENT OF HOMELAND SECURITY, SIAIE HOMELAND SECURITY GRANTS, BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE.. Page 7 of 11 ANNEX A Equipment Purchase Description To the Memorandum of Agreement Between the Department of Crime Control and Public Safety, Division of Emergency Management And The County of orange Page 8 of l l u~vra~~~ STATES DEPARTMENT OF HOMELAND SECURITY Iufarmation Anatysis and Infrastt vctpre Protertioa Protective Security Division -Protective Measures Section Boffer Zone Protection Plan Program VULNERABILITY REDUCTION PURGHASING PLAN VRPP NO. DATE 10/24/05 BZPP S ITE University of North Carolina Dean Smith ADDRESS 300 Skipper Bowles Drive Chapel Hlll, NC Center 27515 ADDITI ONAL ADDITIONAL BZPP SITES} ADRESS(ES) RESPONSIBLE Orange County Emergency Management ADDRESS Mail: P.O. Box 8181 Hillsborough, NC 27278 .JURISDICTION Ship:1914 New Hope Church Road ChapeE ORGANIZATION Hill, NC 27514 (RJO) RJO POC NAME Eric Griffin PHONE 919-968-2050 E-MAIL a rifHn co.otan e.no.us CELL 919-730414 EQUIPMENT AND RELATED ITEMS ITEM NO. AEL NO. DESCRIPTION UNIT COST QTY. TOTAL COST 10 14.1.1.8 Survelliance, Video Assessment $47,000.00 1 $47,000.00 10 21.2 Shippin $500.00 1 $500.00 10 21.4 Installation $2,500.00 1 $2,500.00 $0.00 VRPP GRANT TOTAL $50,000.00 VRPP LOAN NO. EQUIPMENT RECEIVEDIEN ROUTE $0.00 GRAND TOTAL (NOT TO EXCEED ti48,500 $50,000.00 AGENCY/ORGANi7.ATION NAME Oran a Coun Emer en Mana ement RJO ~ NAMEITITLE Jadc Ball/ Emergency Management Director REQUEST PHONE NUMBER 8 E-MAIL ADDRESS 919-968-2050/ ball co.oran e.naus DATE 10/24/05 AGENCY/ORGANIZATION NAME SHSA NAMElTITLE CONCURRENCE PHONE NUMBER 8 E-MAIL ADDRESS DATE AGENCYlORGANIZATION NAME SAA NAMElTITLE CONCURRENCE PHONE NUMBER 8 E-MAIL ADDRESS DATE ODP NAMElTITLE VERIFICATION PHONE NUMBER 8 E-MAIL ADDRESS DATE IAIP/PSD PHONE NUMBER 8 E-MAIL ADDRESS APPROVAL DAl'E ODP PHONE NUMBER 8 E-MAIL ADDRESS APPROVAI- DATE SENSITIVE HOMELAND SECURITY INFORMATION VRPP SupplementaE Form OranpeCounty-UNC 10-2405 -FOR OFFICUIL USE ONLY -- ~~ LAW ENFORCEMENT SENSITIVE Page 1 of 1 :~ ANNEX B US Department of Homeland Security Guidelines To the Memorandum of Agreement Between Department of Crime Control and Public Safety, Division of Emergency Management And The County of Orange Page 10 of 11 Instructions for Submitting Reimbursement Requests When submitting your reixnbuxsement requests, please use the checklist below as a guideline on what information should be included withyoux• request package. • Send in your request fox• reimbursement on State Agency Letterhead. • Address to: NC Emergency Management.. Attn:.J., D .Hughes 1830B Tillery Place Raleigh, NC 27604 • Include the amount zequested. • Identi fy the agency to which the check is to be mailed . • Include the address to which the check is to be sent., • List your tax ID#. • Attach the deliverables as listed in the approved MOA. • I need only one hard copy af~the listed deliverables. • Make a summazy page fox requested reirnbuxsements. • Apply for reimbursement only when purchase is complete. • Include one copy of all invoices ox• bills (copy (s) need to stay with applicant for' audit ux oses . • In-house labox• will NOT BE ACCEPTED. • Requested reimbursement shall not be moz~e than the appz~oved amount.. Page 11 of~ll