HomeMy WebLinkAboutS Grant - Agreement Acceptance of Grant Allocation from the Department of Homeland Security State Homeland Security Grant Program~~
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Department of Homeland Security FY2003
State Homeland Security Grant Program
(SHSGP)
Memorandum of Agreement
between the
N.C. Department of Crime Control and Public Safety,
Division of Emergency Management
and
The County of Orange
(return to NCEM no later than August 29, 2003)
Attn: DHS FY2003 SHSGP Manager
4713 Mail Service Center
Raleigh, NC 27699-4713
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). A
copy of the complete federal grant instructions is provided as Annex D, attached and
incorporated by reference herein.
II. PARTIES
The parties to this Memorandum of Agreement (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. This program was established to provide federal reimbursements to
state and local governments for the costs associated with purchasing equipment, conducting
exercises, and conducting training 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 108-7, the
Omnibus 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 Guidelines and Application Kit
available at http://www.ojp.usdoi.Gov/odp/docs/ODPApplication.udf; 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 C and Annex D, attached and
incorporated by reference herein.
FY2003 DHS SHSGP Memorandum of Agreement. Page 2 of 1
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 Guidelines and Application Kit available at -
http://www.ojp.usdo't gov/odp/docs/ODPApplication.pdf and in accordance with Annex D,
attached and incorporated by reference herein. -
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. The State of North Cazolina, Department of Crime Control and Public Safety, Division
of Emergency Management will reimburse local governments for expenses that were approved
on Detailed Budget Worksheets. The NC Subgrant Instructions in Annex C, 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 costs incurred, not to exceed the amounts
specified in Annex A, attached and incorporated by reference herein. Annex A also contains a
provision to decline any of the three funding azeas.
VII. MODIFICATION OF THE AGREEMENT
Modification of this Agreement must be in writing and upon approval of both parties.
VIII. PROPERTY
All property furnished under this agreement shall become the property of the County of Orange.
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 if DHS suspends or terminates
funding in accordance with Section VII "Administrative Requirements"_ of the U.S. Department
of Homeland Security, Office of Domestic Preparedness, FY 2003 State Homeland Security
Grant Program Guidelines and Application Kit and Annex D, attached and incorporated by
reference herein, the County of Orange shall reimburse the Division of Emergency Management
for said property..
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 is to
be treated as confidential must be clearly mazked 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 that: (i) as of the date of disclosure and/or delivery,
FY2003 DHS SHSGP Memorandum of Agreement Page 3 of 1
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 parry
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.
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
parry 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 Mr. 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
Designated Agent and Point of Contact forms located in Annex B, attached and incorporated by
reference herein.
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 o~ge 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, and Guidelines and Application
Kit available at http•//www ojp usdo~.gov/odd/docs/ODPApplication.pdf.
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 Memorandum of Agreement Page 4 of 1
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 March 31, 2005. This MOA may be
terminated upon submission of a 30-day advance written notice of termination.
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.
EXECUTED THIS THE DAY OF .2043•
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY
WITNESS:
WITNESS:
BY:
WILLIAM A. DUDLEY,
CHIEF DEPUTY SECRETARY
DEPARTMENT OF CRIlNE CONTROL & PUBLIC SAFETY
DATE:
DR. KENNETH B. TAYLOR, DIRECTOR
DIVISION OF EMERGENCY MANAGEMENT
DATE:
BY:
FY2003 DHS SHSGP Memorandum of Agreement Page 5 of 1
~C
~rl
BY:
MR. JO M. LINK, J'~. ~
CO MANAGER
THE OUNTY OF QIjA]d~E~ / d 3
DATE: ~~ jj~~ ~~
APPROVED AS TO PROCEDURES:
BY:
FRED J.TUCKER,CONTROLLER
DEPARTMENT OF CRIlVIE CONTROL AND PUBLIC SAFETY
DATE: _
APPROVED AS TO FORM SUBJECT TO EXECUTION BY WII.LIAM A. DUDLEY, CHIEF 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 Memorandum of Agreement Page 6 of 1
Memorandum of Agreement
for the
US Department of Homeland Security
FY2003
State Homeland Security Grant Program
(SHSGP)
ANNEX A
Reimbursement Funding Or Declination Form
(return completed form to NCEM no later than August 29, 2003)
Attn: DHS FY2003 SHSGP Manager
4713 Mail Service Center
Raleigh, NC 27699-4713
Reimbursement Funding Or Declination Form
For The
U.S: Department of Homeland Security (DHS)
FY2003 State Homeland Security Grant Program (SHSGP)
Orange County
The local government may elect to participate in the grant program and receive grant funds or the
local government may decline to participate in the grant_program and elect not to receive grant
funds. Please sign this form in the space provided indicating whether the local government
elects to receive grant funds or declines grant funds. If the local government declines any
portion of the grant, the grant funds will be redistributed to other local governments.
A. Equipment: Ninety Nine Thous d Six Hundred Seventy Four Dollars ($99674)
e local government Accepts Equipment funding.
Signature 'the Chair
Of the County Commissioners
The local government Declines to receive Equipment funding.
Signature of the Chair
Of the County Commissioners
B. Exercises: Sixteen Thousand Six Hundred Ninety Six Dollars ($16696)
'The local government Accepts Exercises funding.
Signa of the Chair
Of the County Commissioners
The local government Declines to receive Exercises funding
Signature of the Chair
Of the County Commissioners
C. Training: Firv'e~'Thousand Two Hundred Fifty Five Dollars ($5255)
W ~ ocal government Accepts Training funding
Signa a of the Chair
Of the County Commissioners
The local government Declines to receive Training funding
Signature of the Chair
Of the County Commissioners
DHS FY2003 SHSGP Memorandum of Agreement Annex A: Reimbursement/Declination Form Page 2 of 1
If the local government accepts any portion of the above-referenced funding, the North Carolina
Division of Emergency Management will reimburse the County of Orange for actual expenses
not to exceed the amounts listed above, 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 and this form 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 Guidelines and Application Kit available at
http://www.ojp.usdo'~ gov/odp/docs/ODPApplication.pdf and in accordance with the Detailed
Budget Worksheets in Annex C, attached and incorporated by reference herein.
~ a3
Signature the Chairman of the Printed ame ate
County Commissioners
Or Mayor
This form must be returned to the DHS FY2003 SHSGP Manager no later than August 29,
2003.
DHS FY2003 SHSGP Memorandum of Agreement Annex A: Reunbursement/Declination Form Page 3 of 1
Memorandum of Agreement
for the
US Department of Homeland Security
FY2003
State Homeland Security Grant Program
(SHSGP)
ANNEX B
Designated Agent and Point. of Contact Forms
(return completed forms to NCEM no later than .August 29, 2003)
Attn: DHS FY2003 SHSGP Manager
4713 Mail Service Center
Raleigh, NC 27699-4713
Designation of Agent Form
As the County Manager of Orange
following person:
Name: Nick Waters
I appoint the
Title: Director- Orange County Emergency Management
Address: P • 0 - Box 8181 ,.
City & Zip: Hillsborough, 27278
Phone: 919-968-2050
Fax: 919-968-4066
E-mail nwatersC~co.orange.nc.us
to be my Designated Agent for the DHS FY2003 SHSGP. The above-listed person may sign and
submit documents related to this grant.
Restrictions (If none, write none): .None
~~- ~~
Cou Mana er' Signature Date
NCEM recommends that the County Emergency Manager
be identified as the Designated Agent.
This form must be returned to the DHS FY2003 SHSGP Manager no later than August 29,
2003.
DHS FY2003 SHSGP Memorandum of Agreement Annex B: Designated Agent and POC Page 2 of 5
Designation of a Point of Contact Form
As County Manager of Orange , I designate the following
person:
Name: Eric Griffin
Title: Emergency Management Specialist
Address: P . 0 . Bax 8181
Clty & Zip: Hi 11 Ghnrni igh .. 27278
Telephone:
Fax:
Email:
919-968-2050
919-968-4066
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 cotnxriunications with NCEM regarding the status of the grant
program.
Co ty Manager's Signature
~~~ ~ d .~
Date
NCEM recommends that the County Emergency Manager
or other staff person be identified as the Point of Contact.
This form must be returned to the DHS FY2003 SHSGP Manager no later than August 29,
2003.
DHS FY2003 SHSGP Memorandum of Agreement Annex B: Designated Agent and POC Page 4 of 5