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HomeMy WebLinkAboutS MOA Dept of Crime Control & Public Safety EMSRETURN THIS COPY TO THE CLERK'S OFFIC~ FOR THE PERMANENT AGENDA FILE find Cbde: 536 Services: $50,610 Phi, /ZOOS MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT AND THE COUNTY OF ORANGE L SUBJECT To ensure adequate preparedness fvr a response to an act of terrorism within the State of North Carolina, funding has been allocated for the procurement of equipment. This equipment will be used on-scene of an emergency by first responders in their effort to protect human life, property, and the environment. II. PURPOSE The Department of Crime Control and Public Safety, Division of Emergency Management (Division of EM) and the County of Orange wiIl enter urto an agreement to provide funding far the procurement of weapons of mass destruction (W1KD) preparedness equipment. III. PARTIES The parties to this Memozandum of Agreement (MOA) are: North Carolina-Department of Crime. Control 8t Public Safety, Division of Emergency Management and the County of Orange, Emergency Management Agency. IV. BACKGROUND The U.S. Department of Justice (DOJ), through the Office of the Assistant Attorney General, Office of Justice Programs (OJP) has made funds available to implement the State Domestic Preparedness Strategic Plan of November 2001. The State of North Carolina, Department of Crime Control and Public Safety (CCPS), Division of Emergency Management (Division of EM) and the County of Orange eater into an arrangeme~o~t by which the Division o£EM will provide subgrant fimding to the County.of Orange for the procurement of W11~ID preparedness equipment. V. AUTHORI'T'Y The parties enter into this MOA under the authority of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (Div. A, Seca 101(B) at 112 Stat. 2681-50), Department of Justice Appropriations Act, 1999 (Div. A, Sec. 101(B), Title I at 112 Stat. 2681-50; the U.S. Departmern of Justice, Office of Justice Programs, Offiice of Domestic Preparedness, Fiscal Year 2001 and 2002 State Domestic Preparedness Program, Program Gruidelines and Application Kit available at http://www.ojp.usdoj.gov/odp/docs/02odpkit.pdF and the N.C. Emergency Management Act, Chapter 166A of the North Carolina General Statutes. VI. DUTIES & RESPONSIBILTITES OF THE DEPARTMENT' OF CRIlVIE CONTROL AND PUBLIC SAFETX, AIVIS1iON OF EMERGENCY MANAGEMENT The Department of Grime Control and Public Safety, Division of Emergency Management agrees to provide reimbursement to the County of Orange for the purchase of WMD prepazedness equipment as described in Attacluneirt A. VII. DUTIES AND RE5PONSIBILITTES OF ORANGE COUNTY EMERGENCY MANAGEMENT The County of Osage agrees to: A. Procure equipmern as indicated in this MOA-for the enhancemern of their WIvID preparedness. B. Procure the equipment as indicated is Attacbmeirt A. The County of Osage shall order, receive, inspect, and stage the items at its own facility. Funds for recurring expenses (c.g., maintenance, calibration, etc.) are not included im this grant. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any traizung, shall be the sole responssbility of the County of Orange and shall not be reimbursed under this MOA_ C. The County of Orange shall submit invoices for items received and miontbly cost reports to the Division of EM Justice grants coordinator requesting reimbursement. The Departmern of Crime Control and Public Safety, Division of Emergency Manageme~at will reimburse the County of Orange for elignble costs in increments of Five Hundred Dollars ($500.00) or greater. D. Maintain inventory control of all items. E. Complete the procurements by the end of the grant period, Match 30, 2004. F. Provide progress reports to the Division of EM Area Coordinator every 90 days from the date of execution of this MOA. Reports shall indicate the status and completion date for the procurement and distnbution of equipment, awry problems or circwoo~stances affecting comrpledon dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to resuh in noncompliance with the terms of the MOA. Page 2 of 6 G. All original records pertinent to this MOA shall be retained by the County of Orange three years following the date of termination of this MOA, with the foAowing exception: If aio~y litigation, claim or audit is started 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 invoh-ing the records have been resolved. VIII. FUNDING AND COMPENSATION The Department of Crime Control and Public Safety, Division of Emergency Management will reimburse the County of Orange for the actual costs incurred, not to exceed Fifty Thousand Six Hundred and Ten Dollars ($50,610.00), to procure WMD preparedness equipment as described in this MOA.Fwads will be provided by the State of North Carolina, Department of Crime Cornrol and Public Safety, Division of Emergency Management, Budget Code 536-02. The allocation of funds will be from the DOJ FY 2002 Statewide Domestic Prepazedness Grant. All teams and conditions of this Agreement are dependent upon and subject to the allocation of funds from DOJ, OJP 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 detenmimed in accordance with the Office of the Assistant Attorney General, 07P regulations under the State Domestic Preparedness Program for Federal fiscal year 2001 or 2002 and the U.S. Department of Justice, Office of Justice Programs, Office of Domestic Prcparedness, Fiscal Year 2001 or 2402 State Domestic Preparedness Program, Program, Guidelines and Application Kit available at http://www.ojp.usdoj.gov/odp/docs/02odpkit.pd~ IX. MODIFICATION OF THE AGREEMENT Modification of this Agreement must be in writing and. upon approval of both parties. X. PROPERTY All property famished unde~t this agreement shall become the property of the County of Orange. The Courxty of Orange shall be responsible for the custody and care of a~ property fiirnished for use in connection with the performance of this agrcement and shall reimburse the Division of Emergency Management for any loss or damage to said property to the extern penoostted by the North Carolina Tort Claims .Act. All confidential infomoation 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 tlmse uses contemplated by the terms of this Agreement. Any inform~.tioa which is 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 parry. 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 part of the public domain, through no fault of the receiving party; (ia) is ]awfiilIy disclosed to the receiving party by a third party who is not obligated to retain such iu~'ormation in confidence; or Psge 3 of 6 (iv) is independently developed at the receiving party by someone not privy to the confidential information. ~. COMMUNICATIONS To provide consistent and effective comnumication between the County of Orange and the Department of Crime Control aad Public Safety, Division of Emergency Management, each Parry shall appoint a principal lZepresentative(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. David Skordinski, Justice Grants Coordinator. The County of Orange contact shall be Mr. John M. Link, Jr.,County ManAar_r, XII. SUBCONTRACTING ANA SUBGR.ANTIlVG If the County of Orange subcontracts or subgrarzts any or all of the work required under this Agreement, the County of Orange agrees to include is 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, acopy of the executed subcontract/subgrant agreement must be forwarded to the Ditvision of Emergency Management within ten (10) days of execution of said subcontract/subgraat. Contractual arrangement shall in no way relieve the County of Orange of its responsbiliries 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 USDOJ, OJP, Office of Domestic Preparedness. XIII. 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 jwrisdictioa ` XIV. WARRANTY The County of Orange shall hold the Department of Crime Control and. Public Safety, Division of Emergency Managemenrt harmless for any liability and personal injury that nay occur from or in connection with the performance of this MOA to the extent permitted by the North Carolina fort Claims Act. Page 4 of 6 .. ~~~~i~~V11V I IIIVI/1I XV. ANTITRUST LAWS This Agreement is entered into in compliance with all State and Federal antitrust laws. XVI. TERMINATION This MOA shall be in effect from the date of execution to March 30, 2004. This MOA may be terminated upon submission of a 30-day advance written notice of termination. XVII. ENTIRE AGREEMENT This Agreement and airy exhrbfts and amendmeats annexed hereto and arty documents incorporated specifically by reference represenRs the entire agreement between the parties aad 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. EXECUTED THIS THE ,~1DAY OF d , 2003. CON't~ACTIIVG AGENCY D1v7SIOi~i Off' EMERGENCY MANAGEMENT DEPARTMENT OF CRIIKF COt~iTROL AND PUBL[C S TY WZTAT$SS: v» DATE: WITNESS: /I / RATE: Page 5 of 6 •~~ 8 APPROVED AS~OCT:~~ . sx: D J. TU CONTROLLER DEPARTI NT' OP CRIME CONTROL AND PUTiLIC SAFETY DATE: APPROVED AS TO FORM SUBJECT TO EXECUTION BY WII,LIAM A. DUDLEY, CHIEF DEPUTY SECRE'T'ARY OF THE DT;PARTMENT OF CRIME CONTROL AND PUBLIC SAFETY. ROY COOPER ATTORNEY GENERAL OF NORTI~ CAROLINA BY: ,~ AS Y NERAL Page 6 of 6 Attachment A -Equipment List County DOJ Category Code Item Description Quantity Unit Price Equipment Subtotal Shipping Orange PPE119 Opti-fit Tactical Gas Mask 9 $100.00 $900.00 $90.00 PPE119 Opti-fit Tactical Gas Mask 14 $100.00 $1,400.00 $140.00 PPE119 Opti-fit Tactical Gas Mask 330 $100.00 $33,000.00 $3,300.00 PPE119 Opti-fit Tactical Gas Mask Cartridges 353 $20.00 $7,060.00 $706.00 PPE119 Phalanx Gas Mask Canisters 42 $25.00 $1,050.00 $105.00 Grand Total $43,410.00 $4,341.00 The totals on this page are based on current prices and are suject to change. The grantee will not be reimbursed for expenses beyond the amount listed in the MOA.