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Home My WebLink About2004 NS EMS - MOA Homeland Security NC Dept of Crime Control & Public Safety Division of EMSz-3-a'~' 4 ~.- Department of Homeland Security FY2003 State Homeland Security Grant Program (SHSGP) PART II Memorandum of Agreement between the N.C. Department of Crime Control and Public Safety, Division of Emergency Management and The County of Orange (Return completed form to NCEM Area Coordinator) FY2003 DHS SHSGP Part II Memorandum of Agreement 1 of 6 I. PURPOSE The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and procedures to implement the terms of the Department of Homeland Security (DHS), Office of Domestic Preparedness (ODP), FY2003 State Homeland Security Grant Program (SHSGP) Part II. A copy of the complete federal grant instructions is provided as Annex C, attached and incorporated by reference herein. II. PARTIES The parties to this MOA are the North Carolina Department of Crime Control & Public Safety, North Carolina Division of Emergency Management, and the County of Orange. III. BACKGROUND The Department of Homeland Security (DHS), through the Office of Domestic Preparedness (ODP), in accordance with the authorities listed below, created the FY2003 State Homeland Security Grant Program Part II, also known as the Supplemental Grant Program. This program was established to provide federal reimbursement to state and local governments for the costs associated with purchasing equipment, conducting exercises, training, and planning for chemical, biological, radiological, nuclear, and explosive (CBRNE) terrorism events. IV. AUTHORITY The parties enter into this MOA under the authority of the following: 1) Public Law 108-11, the Wartime Supplemental Appropriations Act of 2003; 2) Public Law 107-56, the USA Patriot Act of 2001; 3) Public Law 107-296, the Homeland Security Act of 2002; 4) the implementing regulations of each Act or Law, if any; 5) the U.S. Department of Homeland Security, Office of Domestic Preparedness, FY2003 State Homeland Security Grant Program Part II Guidelines and Application Kit available at httn://www.ojp.usdoj. og. v/od /dp ocs/f 03shsgp2 pdf 6) applicable ODP Information Bulletins; and 7) the N.C. Emergency Management Act, Chapter 166A of the North Carolina General Statutes. V. DUTIES & RESPONSIBILITIES OF THE DIVISION OF EMERGENCY MANAGEMENT AND THE COUNTY OF ORANGE The Division of Emergency Management and the County of Orange agree to comply with the duties and responsibilities assigned by DHS as outlined in Annex A, Appendices A through J (North Carolina Subgrant Instructions), Annex B and Annex C (U.S. Department of Homeland Security, Office for Domestic Preparedness Guidelines), attached and incorporated by reference herein. FY2003 DHS SHSGP Part II Memorandum of Agreement 2 of 6 VI. FUNDING AND COMPENSATION All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds from 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 costs shall be determined in accordance with the U.S. Department of Homeland Security, Office of Domestic Preparedness, FY 2003 State Homeland Security Grant Program Part II Guidelines and Application Kit (Annex C). The Federal Department of Homeland Security will reimburse the State of North Carolina for expenses that were approved on Detailed Budget Worksheets as explained in the FY2003 SHSGP Part II. The State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management will reimburse local governments for eligible expenses that were approved on the Detailed Budget Worksheets. The NC Subgrant Instructions in Annex A, attached and incorporated by reference herein, describe the Detailed Budget Worksheets and how they are prepared and approved. The Department of Crime Control and Public Safety, Division of Emergency Management will reimburse the County of Orange for the actual eligible costs incurred, not to exceed the amount of $363,908, Three hundred sixty-three thousand, nine hundred eight dollars. Funds will be provided by the Department of Crime Control and Public Safety. Annex B also contains a form to decline all of the funds. VII. MODIFICATION OF THE AGREEMENT Modification of this Agreement must be in writing and upon approval of both parties. VIII. PROPERTY The County of Orange shall be responsible 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 until the property is transferred to another agency. The Department of Crime Control and Public Safety, Division of Emergency Management will not be held responsible for any equipment bought by the Subgrantees. IX. COMMUNICATIONS To provide consistent and effective communication between the County of Orange and the Department of Crime Control and Public Safety, Division of Emergency 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 Dr. Kenneth B. Taylor, Director, and Mr. Don Needham, Information and Planning Chief. The County of Orange contacts shall be John M. Link, Jr., County Manager, and the Designated Agent. The County Manager will identify a Designated Agent who is authorized to sign and submit required grant documentation, and will identify a Point of Contact for routine grant coordination using the FY2003 DHS SHSGP Part II Memorandum of Agreement 3 of 6 attached Designated Agent and Point of Contact forms located in Annex B, attached and incorporated by reference herein. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses contemplated by the terms of this Agreement. Any information to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party 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 treatment shall be information that: (i) as of the date of disclosure and/or delivery, is already known to the party receiving such information; (ii) is or becomes part of the public domain, through no fault of the receiving party; (iii) is lawfully disclosed to the receiving party by a third 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. X. SUBCONTRACTING AND SUBGRANTING If the County of Orange subcontracts or subgrants any or all of the work required under this Agreement, the County of Orange agrees to include in the subcontract or subgrant that the subcontractor/subgrantee is bound by the terms and conditions of this MOA. The County of Orange agrees to include in the subcontract/subgrant that the subcontractor/subgrantee shall hold the Department of Crime Control and Public Safety, Division of Emergency Management 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. If the County of Orange subcontracts/subgrants, a copy of the executed subcontract/subgrant agreement must be forwarded to the Division of Emergency Management within ten (10) days of execution of said subcontract/subgrant. Contractual arrangement shall in no way relieve the County of Orange of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. The County of Orange is bound by the terms, conditions and restrictions of the U.S. Department of Homeland Security, Office of Domestic Preparedness, FY 2003 State Homeland Security Grant Program Part II Guidelines and Application Kit (Annex C). XI. COMPLIANCE WITH LAW The County of Orange shall be wholly responsible for the work to be performed under this MOA and for the supervision of its employees and assistants. The County of Orange shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and work performance under this MOA, including those of federal, .State, and local agencies having appropriate jurisdiction. FY2003 DHS SHSGP Part II Memorandum of Agreement 4 of 6 XII. WARRANTY The County of Orange shall hold the Department of Crime Control and Public Safety, Division of Emergency Management 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.. XIII. ANTITRUST LAWS This Agreement is entered into in compliance with all State and Federal antitrust laws. XIV. TERMINATION This MOA shall be in effect from the date of execution to April 30, 2005. This MOA maybe terminated upon submission of a 30-day advance written notice of termination. If DHS suspends or terminates funding in accordance with Section VI, paragraph BS of the U.S. Department of Homeland Security, Office of Domestic Preparedness, FY 2003 State Homeland Security Grant Program Part II Guidelines and Application Kit (Annex C), attached and incorporated by reference herein, the County of Orange shall reimburse the Division of Emergency Management for said property. XV. ENTIRE AGREEMENT This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written statements or agreements. XVI. 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. FY2003 DHS SHSGP Part II Memorandum of Agreement 5 of 6 EXECUTED THIS THE DAY OF , 200 CONTRACTING AGENCY DIVISION OF EMERGENCY iViANAGEN[ENT DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY WITNESS: BY: DR. KENNETH B. TAYLOR, DIRECTOR DIVISION OF EMERGENCY MANAGEMENT DATE: WITNESS: __ _ BY: _ __ _ _ GERALD A. RUDISILL, JR., DEPUTY SECRETARY DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY DATE: WITNESS: ~~ ~ ~~ ~ G BY: ~~ : ~OHN M. LINK, JR. ss ~ ~~+`~ ~' ( ~ COUNTY MANAGER THE COUNTY OF ORANGE COUNTY TAX Ip # DATE: .~%c's' ~ ~ APPROVED AS TO PROCEDURES: BY: FRED J. TUCKER, CONTROLLER DEPARTMENT OF CRIME CONTROL c4c PUBLIC SAFETY DATE: APPROVED AS TO FORM SUBJECT TO EXECUTION BY GERALD A. RUDISILL, JR., DEPUTY SECRETARY OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY. ROY COOPER ATTORNEY GENERAL OF NORTH CAROLINA BY: ASSISTANT ATTORNEY GENERAL FY2003 DHS SHSGP Part II Memorandum of Agreement 6 of 6 Designation of Agent Form As County Manager of person: Orange County I designate the following Name: Nick Waters Title: Emergency Management Director Address: P • 0 . Box 8181 City & Zip: Hillsborough 27278 Telephone: 919-968-2050 Fax: 919_-968-4066 Email: nwatersC~co .orange . nc . us to be my Designated Agent for the DHS FY2O03 SHSGP Part II. The above-listed person may sign and submit documents related to this grant. Restrictions (If none, write none): None NCEM recommends that the County Emergency Manager be identified as the Designated Agent. DHS FY2003 SHSGP Part II Amex B: Subgrant Forms 2 of 7 I designate the following person: Designation of a Point of Contact Form Name: Eric Griffin Title: _ Emergency Mana ement Specialist Address: P .0 . Boxy 8181 City & Zip: Hillsborough 27278 Telephone: 919-968- 0 0 Fax: 919-968-4066 Email: egriffinC~co .orange . nc . us to be the point of contact for all day-to-day communications for this grant program. The Point of Contact will handle all routine communications with NCEM regarding the status of the grant .program. "~ ~ ~. a~ Count Mana er's Si nature y g g Date NCEM recommends that the County Emergency Manager or other staff person be identified as the Point of Contact. DH5 FY2003 SHSGP Part II Annex B: Subgrant Forms 3 of 7