HomeMy WebLinkAbout2005 S EMS - Acceptance of 2005 Law Enforcement Terrorism Prevention Program (LETPP) Competitive Grant Funds $63000.5~
MOA #:10021
Tax #: 5b-6000327
Fund Code #:249b4-2B01030
MOA Amount: 563.000
CDFA #• 97.067
MEMORANDUM OF AGREEMENT
BETWEEN THE
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY,
DIVISION OF EMERGENCY MANAGEMENT
ORANGE COUNTY
I. SUBJECT
Io ensure adequate preparedness for a response to an act of~terroiism within the State ofNorth
Carolina, funding has been allocated to for the procurement of equipment as agreed upon in the
2005 Governor's Crime Commission pre-application number 297..
II,. PURPOSE
The Depaztment of Crime Control and Public Safety, Division of Emergency Management
(Division of EM) and Orange County, will enter into an agreement to provide funding for
equipment will be used on-scene by fast responders and state personnel to prepaz•e for a
threatened or actual WMD or domestic terrorist attacks, major disasters, and other emez•gencies
to protect human life, property, and the environment..
IQ. PARTIES
the parties to this Memorandum of Agreement (MOA) aze: North Carolina Depaztment of
Crime Control & Public Safety, Division of Emergency Management and Orange County,
henceforth referred to in this document will be referred to as AGENCY.
iV. BACKGROUND
The U..S.. Department of Homeland Security and the Office of'Domestic Pr•epaz•edness has made
funds available through the State Homeland Secuxiry Grant Number: FY2005-GE-TS-0051 to
implement the State Homeland Security Sttategy 2004-2006,
the State of'Noxth Carolina, Department of'Cxime Control and Public Safety (CCPS), Division
of Emergency Management (Division of'EM) and the AGENCY enter into an arrangement by
which the Division of EM will provide Federal reimbursement funding to the AGENCY for the
purchase of equipment as agreed upon in the 2005 Governor's Crime Commission pr•e-
application number 297.
V. AUTHORITY
The pazties enter into this MOA undex• the authority of'the following: 1) Public Law 105-277, the
Departments of Commerce, ,Tustice, and State, the ,Judiciazy, and Related Agencies
Appropriations Act, 1999 (Div., A, Sec..101 (B} at 1 i2 Stat. 2681-50); 2) Department of Tustice
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; 5)
Public Law 108-11, the Wartime Supplemental Appr•opxiations Act of'2003; 6) FY 2003
Omnibus Appropriations Act; 7) the implementing regulations of each Act or Law; 8) The U..S.
Department of Homeland Security Office of'State and Local Government Coordination and
Prepazedness, Office of Domestic Px•epaz•edness Fiscal Yeax• 2005 State Homeland Security Grant
Program Guidelines and Application Kit available at
http://www.ojp.usdoi.gov/guidelinesinfo.htm ; 9) applicable ODP Information Bulletins; and 10)
The N,.C.. Emergency Management Act, Chaptex• 166A of'the North Cazolina General Statutes..
VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIlVIi;
CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT
The Department of Crime Control and Public Safety, Division of Emergency Management agree
to provide x•eimbuxsement to the AGENCY for the cost of equipment as described in the
2005 Governor's Crime Commission pre-application numbex• 297.
VII. DUTIES AND RESPONSIBILITIES OF THE AGENCY
AGENCY agrees to:
A.. Px•ocure equipment as indicated in the 2005 Governor's Crime Commission pxe-
application number 29 7 under the applicable USDHS, SLGCP, ODP Pxngram Guidelines and
Application Kits incorporated by reference herein, of'this MOA for• the enhancement of'theix•
WMD pr•epaz•edness.
B.. AGENCY will utilize its departmental procurement procedux•es and policies from the
purchase of equipment and follow procurement procedures and policies outlined in the
applicable federal regulations, and as outlined in the applicable USDHS, SLGCP, ODP
Page 2 of'7
Program Guidelines and Application Kits and the USDO.J Office of'.Justice Programs
Financial Guide..
C. Procure the equipment as indicated in the applicable USDHS, SLGCP, ODP Program
Guidelines and Application Kits incorporated by reference herein.. AGENCY shall order,
receive, inspect, and stage the items at its own facility.. T'he purchase or• acquisition of any
additional materials, equipment, accessories or• supplies, or the provision of any training,
shall be the sole responsibility ofAGENCY and shall not be reimbursed under this MOA.,
D.. AGENCY shall submit invoice(s) for item(s) received and Payment Package to the
NCEM Homeland Security grants coordinator' requesting reimbursement.. T`he Department of
Crime Control and Public Safety, Division of'Emer•gency Management will reimburse
AGENCY for• eligible costs as outlined in the applicable USDHS, SLGCP, ODP Program
Guidelines and Application Kits.,
E. Complete the prncur•ement (s) process not later than March 31, 2007.
F.. Comply with the applicable federal statutes, regulations, policies, guidelines and
r•equir•ements, reporting requirements and certifications as outlined in the applicable USDHS,
SLGCP, ODP Prngr•am Guidelines and Application Kits and as outlined in the Standard
Assurances, incorporated by reference herein..
G.. All original records pertinent to this MOA shall be retained by AGENCY three years
from the date of'the final Financial Status Report as outlined in the applicable USDHS,
SLGCP, ODP Program Guidelines and Application Kits and the USDO.J Office of'.Justice
Programs Financial Guide, with the following exception: If'any litigation, claim or audit is
stazted before the expiration of'the three year period and extends beyond the three year
period, the records will be maintained until all litigation, claims or audit findings involving
the records have been resolved.
VIII. FUNDING AND COMPENSATION
The Department of Crime Control and Public Safety, Division of Emergency Management will
reimburse AGENCY for the actual eligible costs incurred for the subject of'this grant, not to
exceed $63,000 (Sixty Three Thousand Dollars).. Funds will be provided by the State of'North
Catalina, Depaztment of Crime Control and Public Safety, Division of'Emergency Management.
The allocation of funds will be from the USDHS, SLGCP, ODP FY 2005 Homeland Security
Grant Prngr•am..
All terms and conditions of'this Agreement az•e dependent upon and subject to the allocation of
funds fi~om USDHS, SLGCP, ODP and the Department of'Crime Control and Public Safety,
Division of'Emer~gency 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 federal
regulations, including but not limited to, 28 C.F .R. Parts 66, 67, 69 and '70, and the applicable
Page 3 of'7
USDHS, SLGCP, ODP Program Guidelines and Application Kits available at
httn://www.ojp.usdoi•gov/guidelinesinfo.htm ,OMB Cix•culars A-21, A-87, A-122, A-128 and A-
133, the U.,S.. DOJ Office of Justice Programs Financial Guide available at
htt~//www.ojn.usdoi.aov/ FinGuide/, and the approval of'the State Administrative Agent FOR
THE STATE OF NORTH CAROLINA, the Secretazy of'Crime Control and Public Safetyy.. the
applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits, include but may
not be limited to, the following: Fiscal Yeaz• 2005 State Homeland Security Grant Program
Guidelines..
The sub-grantee may retain and use up to 2..5% of'the award amount $63,000 fox management
and administrative purposes..
IX. MODIFICATION OF THE AGREEMENT
Modifications of'this agreement must be in writing and upon approval of'both parties except as
modified by official USDHS, SLGCP, ODP Federal Grant Adjustment Notice (GAN)..
X. PROPERTY
All property furnished under this agreement shall become the property of'the AGENCY. The
AGENCY shall be x~espansible for the custody and care of any property furnished for use in
connection with the performance of'this agreement and shall reimburse the Division of
Emergency Management for any loss or damage to said property to the extent permitted by the
North Carolina Tort Claims Act or other applicable laws.. The Depaztment of Crime Control and
Public Safety, Division of~Emer•gency Management will not be held responsible for' any
equipment purchased by AGENCY.,
XI. COMMUNICATIONS
To provide consistent and effective communication between the AGENCY and the Department
of'Cxime Control and Public Safety, Division ofEmexgency Management, each party shall
appoint a Principal Representative(s) to serve as its central point of contact responsible for
coordinating and implementing this MOA., The Department of Crime Control and Public Safety,
Division of Emergency Management contacts shall be Mx'. H. Douglas Hoell, .Jr.., Du•ectot; .toe
Fitzpatrick, Homeland Security Branch Manager and Vickie Durham, Giant Manager,
All confidential information of either party disclosed to the other pazty in connection with the
services provided hereunder will be treated by the t•eceiving pazty as confidential and restricted
in its use to only those uses contemplated by the terms of'this Agreement.. Any information
which is to be treated as confidential must be cleanly marked as confidential prior to transmittal
to the othex• pazty.. Neither party shall disclose to third pazties, the other party's confidential
information without written authorization to do so from the other patty. Specifically excluded
from such confidential 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 pazty; (iii) is lawfully disclosed to the
receiving patty by a third party who is not obligated to retain such information in confidence; or
Page 4 of 7
(iv} is independently developed at the receiving patty by someone not privy to the confidential
infozmation.
XII. SUBCONTRACTING AND SUBGRANTING
lf'the AGENCY subcontracts or subgrants any or all purchases required undez• this Agreement,
AGENCY agrees to include in the subcontract ar subgr•ant that the subcontractor/subgrantee is
bound by the terms and conditions of'this MOA.. AGENCY agrees to include in the
subcontr~act/subgr•ant that the subcontr•actor7subgz•antee shall hold the Department of'Czime
Control and Public Safety, Division of'Emergency Management hazmless against all claims of
whatever natuze azising out of the subcontractoz's perfozmance of'work under this MOA, to the
extent allowed and r•equized by law.. If'AGENCY subcontracts/subgrants, acopy of'the executed
subcontzact/subgrant agreement must be fozwazded to the Division of Emergency Management
and approval granted pzior to the execution of'said subcontr~actlsubgrant.. Contzactual
arrangement shall in no way relieve AGENCY of its responsibilities to ensure that all funds
issued pursuant to this grant be administered in accordance with all state and federal
requirements.. AGENCY is bound by the terms, conditions and restzictions of'the applicable
USDHS, SLGCP, ODP, Homeland Security and Office of'Domestic Prepazedness Pr•ogzam
Guidelines and Application Kits referenced herein.
XIII. COMPLIANCE WITH THE LAW
AGENCY shall be wholly responsible for• the purchases to be made under this MOA and foz the
supervision of its employees and assistants. AGENCY shall be responsible for compliance with
all laws, ordinances, codes, rules, regulations, licensing r~equir•ements and other regulatory
matters that az•e applicable to the conduct of'its business and purchase requiz~ements performed
under this MOA, including those of federal requirements and ,State, and local agencies having
appropriate jurisdiction and found in applicable USDHS, SLGCP, ODP Prngr•am Guidelines and
Application Kits..
XIV. WARRANTY
AGENCY shall hold the Depaztment of Crime Contz•ol and Public Safety, Division of
Emergency Management hazmless for• any liability and personal injury that may occur from or in
connection with the peifozmance of'this MOA to the extent permitted by the Nozth Cazolina Tort
Claims Act..
XV. ANTITRUST LAWS
This Agz•eement is entered into in compliance with all State and Federal antitrust laws.
XVI. TERMINATION
The termination date is MaY•ch 31, 2007. This MOA maybe tezrnmated upon submission of'a
30-day advance written notice of'tezmination..
Page 5 of''1
Upon approval by USDHS, SLGCP, 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 USDHS, SLGCP, ODP Grant Adjustment Notice..
If'DHS suspends or terminates funding in accordance with 28 C..F..R, §66..43 and the applicable
U..S. Department of'Homeland Security, SLGCP, ODP Program Guidelines and Application
Kits, attached and incorporated by reference herein, AGENCY shall r•eimbutse 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 oral and written statements or agreements..
XVIII. EXECUTION
This MOA will become effective upon execution of all parties to the MOA. The date of
execution shall be the date of'the last signature which shall be that of'Mr•. Gerald A.. Rudisill, .Jr•..,
Deputy Secretary, NC Department of'Crime Control and Public Safety.
Page 6 of 7
ORIGINAL
CONIRACTING AGENCY
DMSION OF EMERGENCY MANAGEMENT
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFEIY
BY:
DAIS:
BY:
H. DOUGLAS HOELL, JR. ,DIRECTOR
DIVLSION OF EMERGENCY MANAGEMENI
OHN LINK
O GE COUNTY MANAGER
GE COUNIY
DATE: 1 °~ I t O s
APPROVED AS IO PROCEDURES:
BY:
DATE:
BENNIE AIKEN, CONTROLLER
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFEIY
BY: ~~' /LLi2r~vvl~ . L~L/~~xQt-o
MARVIN WATERS, CCPS GENERAL COUNSEL
REVIEWED FOR THE DEPARTMENT OF CRIIVIE CONIROL AND PUBLIC SAFEIY
BY MARVIN WATERS, CCPS GENERAL COUNSEL, TO FULFILL I'HE PURPOSES
OF THE US DEPARTMENT OF HOMELAND SECURITY STATE SECURITY GRAM
PROGRAM
DAIE: ~ OS
BY:
GERALD A. RUDISILL, JR, DEPUTY SECRETARY
NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUBLIC SAFEIY
DATE:
PREVIOUSLY APPROVED AS I'O FORM FOR IHE US DEPARIMENI OF HOMELAND SECURITY, STATE
HOMELAND SECURITY GRANTS, BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE.,
Page 7 of• 7
Designation of Agent Form
County of Orange
As City/ County Manager of _ _ , I designate the following
person:
Jack Ball
Name:
Emergency Management Director
Title:
Address: P..O. Box 8181
City 8t Zip: Hillsborough, 27278
Telephone: 919-968-2050
Fax:
919-968-4066
Email: jball~co.orange nc,.us
•
to be my Designated Agent for the DHS FY2045 HSGP. The above-listed person may sign and
submit documents related to this gtan#
None
Restrictions (If none, write none): _ _!„
NCEM recommends that the County Emergency Manager be identified as the Designated
Agent
Ci oun ge;:'s Signatiu~e
DHS FY2005 HSGP Designation Forms 2 of 3
Designation of a Point of Contact Form
I designate the following person:
Name: Eric Griffin
Title: Emergency Management Speaalist
Address: P,O. Box 8181
City & Zip; Hillsborough, 27278
Telephone: 919-968-2050
Fax: 919-968-4066
Email: egriffin(a~co,orange.nc.us
to be the point of contact for all day=to-day commuriicartions for this grant program. The Point of
Contact will handle all routine communications with NCI~M r~egai~ding the status of the grant
1?roil~
~_ _ To/r~/as"
City/ unty anage~s Sfign$ture Date
NCEM recomunends that the County Emergency Manager or other staff person be
identified as the Poiuxt of Contact.
DHS FY2005 HSGP Deaigaatioa Forn~ 3 of 3