HomeMy WebLinkAboutNS Grant Acceptance of Grant for Emergency Planning10
Tax ID # 56-6000327
CFDA # 83-562
Cost Center 1510546
Grant #
Grant Amount _$47,147.00
MEMORANDUM OF AGREEMENT
EMERGENCY PLANNING FUNDING
Between the
Department of Crime Control and Public Safety,
Division of Emergency Management
And
Orange County Emergency Management
I. SUBJECT
Provide assistance to State and local governments in updating their Emergency
Operations Plan (EOP) for all hazards with special emphasis on WMD Terrorism
Preparedness.
11. PURPOSE
The Department of Crime Control and Public Safety, Division of Emergency
Management (Division of EM) and Orange County Department of Emergency Management
(Grantee) will enter into an agreement to provide funding for updating their Emergency
Operation Plan (EOP) for all hazards with special emphasis on WMD Terrorism
Preparedness.
III. PARTIES
The parties of this Memorandum of Agreement (MOA) are: North Carolina
Department of Crime Control ~ Public Safety, Division of Emergency Management and
Orange County Department of Emergency Management hereinafter referred to as the
Subgrantee.
IV. BACKGROUND
The Federal Emergency Management Agency (FEMA), through the Department of Crime
Control & Public Safety, Division of Emergency Management has made funds available to
provide the funds to assist State and local governments in improving their Emergency
Operation Plans for all hazards with emphasis on WMD Terrorism Preparedness.
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V. AUTHORITY
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.
Sec. 101 (B) at 112 Stat. 2681-50), Department of Justice Appropriations Act, 1999 (Div. A.
Sec. 101(6), Title I at 112 Stat. 2681-50); the U.S. Department of Justice, Office of Justice
Programs, Office of Domestic Preparedness, Fiscal Year 2001 and 2002 State Domestic
Preparedness Program, Program Guidelines and Application Kit available at
http://wvrw.oip.usdoi.clov/odp/dots/02odpkit.pdf; the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. §5121 et.seq; Title 44 of the Code of Federal
Regulations; and the N.C. Emergency Management Act, Chapter 166A of the North Carolina
General Statues.
VI. DUTIES 8~ RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL AND
.PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT
The Department of Crime Control and Public Safety, Division of Emergency Management
agrees to;
Provide funding to Orange County Department of Emergency Management to update
and enhance existing Emergency Operations plans for all hazards with special
emphasis on WMD Terrorism Preparedness.
VII. DUTIES & RESPONSIBILITIES OF ORANGE COUNTY, DEPARTMENT OF EMERGENCY
MANGEMENT(SUBGRANTEE)
The Subgrantee agrees to:
A. Perform all tasks and objectives set forth in the Grant Proposal attached and
incorporated by reference herein.
B. Subgrantee will acknowledge, in all printed material and promotions, the
grant from the North Carolina Division of Emergency Management.
C. Subgrantee will provide to the NCEM Grants Manager and to the designated
NCEM Area Coordinator within 90 calendar days of execution of this MOA and
every 90 days thereafter, a progress report detailing expenditures, completion
of deliverables, and accomplished project milestones.
D. Subgrantee will submit to the NCEM Grants Manager and to designated NCEM
Area Coordinator a final report detailing all expenditures, and project
accomplishments at the completion of the project, or upon expiration of this
MOA.
E. Subgrantee must submit any request for an agreement extension at least 60
days prior to the expiration of this MOA with complete justification for the
extension.
F. Subgrantee funds will be disbursed on a reimbursement basis as phases and
deliverables are reviewed.
G. Subgrantee funds may not be used for the following: (a) for weapons training
or other law enforcement training that is routinely conducted by state and
local law enforcement agencies; (b) for the purchase of equipment as
identified in 44CFR; and (c) to supplant federal, state, or local government
funding of existing planning programs.
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H. Failure to comply with the specified conditions will result in the return of the
grant funds to North Carolina Division of Emergency Management
I. All original records pertinent to this MOA shall be retained by Subgrantee for
three years following the date of termination of this MOA, 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 year period, the records
will be maintained until all litigation, claims or audit findings involving the
records have been resolved.
VIII. FUNDING 8~ COMPENSATION
The Department of Crime Control and Public Safety, Division of Emergency
Management will provide funding to the Subgrantee, for the actual costs incurred, not to
exceed $47,147.00
to update and enhance Emergency Operations Plans as described in this MOA. The State
of North Carolina, Department of Crime Control and Public Safety, Division of Emergency
Management, Cost Center 1510-546, will provide funds. The allocation of funds will be from
the FEMA FY 2002 Supplemental Grant. All terms and conditions of this Agreement are
dependent upon and subject to the allocation of funds from FEMA 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 N.C. Division of Emergency Management
guidelines and policy, FEMA guidelines, and the Office of the Assistant Attorney General,
OJP regulations under the State Domestic Preparedness Program for Federal fiscal year
2001 and 2002 and the U.S. Department of Justice, Office of Justice .Programs, Office of
Domestic Preparedness, Fiscal Year 2001 or 2002 State Domestic Preparedness Program,
Program Guidelines and Application Kit available at
http://www.oip.usdoi.gov/odp/doss/02odpkit.pdf .
IX. GENERAL TERMS & CONDITIONS
A. Compliance: Failure to comply with the specified conditions will result in the return
of this grant award to the North Carolina Division of Emergency Management.
B. Taxes: The subgrantee shall be considered to be an independent Grantee and
shall be responsible for all taxes.
C. Warranty: As an independent Grantee, the subgrantee will hold the Department of
Crime Control, Division of Emergency Management harmless for any liability and
personal injury that may occur from or in conjunction with the performance of this
agreement to the extent permitted by the North Carolina Tort Claims Act.
D. State Property: The subgrantee shall be responsible for the custody and care of
any property furnished for use in connection with this MOA.
E. Situs: This MOA shall be governed by the laws of North Carolina and any claim for
breach of enforcement shall be filed in the State Court in Wake County, North
Carolina.
F. Antitrust Laws: This MOA entered into in compliance with all State and Federal
antitrust laws.
G. Entire Agreement: This MOA 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.
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X. MODIFICATION OF THE AGREEMENT
Modification of this Agreement must be in writing and upon approval of both parties.
XI. STATE PROPERTY
All confidential information of either party disclosed to the other party in connection
with the services provided here under 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 that 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 party.
Specifically excluded from such confidential treatment shall be information which: (i) as of
the date of disclosure and/or delivery, is already known 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.
XII. TERMINATION
This MOA shall be in effect from the date of execution to December 31, 2003. This
MOA may be terminated upon submission of a 30-day advance written notice of
termination.
XIII. COMMUNICATIONS
To provide consistent and effective communication between Orange County
Department of Emergency Services 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. Jack Midyette,
Grants Manager. Orange County Department of Emergency Management Services contact
shall be Nick Waters, Director and Eric Griffin, EM Planner.
XIV. 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 DAY OF , 2003.
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WITNESS:
WITNESS:
WITNESS:
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF CRIME CONTROL AND
PUBLIC SAFETY
DR. KENNETH B. TAYLOR, DIRECTOR
DIVISION OF EMERGENCY MANAGEMENT
DATE:
WILLIAM DUDLEY, CHIEF DEPUTY SECRETARY
DEPARTMENT OF CRIME CONTROL & PUBLIC
SAFETY
DATE:
John Link, Manager
ORANGE COUNTY
DATE:
APPROVED AS TO PROCEDURES:
BY:
FRED J. TUCKER, CONTROLLER
DEPARTMENT OF CRIME CONTROL 8~
PUBLIC SAFETY
DATE:
APPROVED AS TO FORM SUBJECT TO EXECUTION BY WILLIAM DUDLEY, CHIEF DEPUTY SECRETARY OF
THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY.
ROY COOPER
ATTORNEY GENERAL OF NORTH CAROLINA
BY:
BY:
BY:
BY:
ASSISTANT ATTORNEY GENERAL