HomeMy WebLinkAboutAgenda - 09-05-2013 - 5rORD- 2013 -031
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2013
Action Agenda
Item No. 5 -r
1
SUBJECT: Request to Ratify the Memorandum of Understanding with the North Carolina
Department of Emergency Management and Approve Budget Amendment #1 -E
by Accepting State Aid Funds Related to Orange County Flooding
DEPARTMENT: Social Services PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
Memorandum of Understanding Nancy Coston, 919 - 245 -2800
PURPOSE: To approve Budget Amendment #1 -E for Social Services (DSS) to accept state aid
funds and ratify the Memorandum of Understanding (MOU) with the North Carolina Department
of Emergency Management signed by the County Manager in response to flooding in Orange
County on June 30, 2013.
BACKGROUND: On June 30, 2013, when flooding impacted families in Chapel Hill and
Carrboro, the Orange County Department of Social Services (DSS) immediately began assisting
families. Staff members from DSS were at the shelter each day until July 4t" when it was closed
by the Red Cross. Many of the first issues involved immediate needs such as clothing, food and
transportation. The Red Cross provided for some of these needs and DSS staff began
assessing families for other services. For example, all families who were already receiving
Food and Nutrition Services were assessed for replacement benefits on their EBT cards.
Social workers from DSS were also available at the Recovery Center at University Mall during
the time it was operated first by Red Cross and then later by the state Division of Emergency
Management. As DSS staff talked with families, it became clear that many of the impacted
families had multiple issues needing resolution. Most were paying monthly rental fees below the
average market rates for Chapel Hill and Carrboro and many had physical or mental disabilities
needing accommodation. These issues created barriers when staff tried to help families
relocate to permanent housing.
At the time the shelter was closed by the Red Cross, sixteen families were identified for shelter
at local hotels. Additionally, the Town of Chapel Hill provided shelter at hotels for some public
housing residents impacted by the flood. Some families originally placed in hotels by the Red
Cross did not have housing within the week and DSS extended the hotel stays for these
families. Some additional families were also placed in hotels after they were no longer able to
stay in or return to their homes. S taff members from DSS have worked throughout this time to
relocate families to other housing. As of August 16th, there were only eight families being
housed in hotels.
When the State Division of Emergency Management approved the area for disaster assistance,
Orange County DSS was asked to assist with providing state aid for the impacted families. This
was done because DSS had already assessed over 100 families and had actually started to
provide financial assistance to some families.
Currently DSS is working with 20 families who have been approved for state aid. Several of
these families have already relocated and received replacement furnishings. Staff members are
working with an additional 164 individuals or households, of which a total of 84 had applied for
state assistance as of July 25th. Additional families have applied for assistance since that date
and applications are being taken for assistance through September 13, 2013. The process for
applying begins as an application for a loan through the Small Business Administration website.
If the loan is denied, which will be the case for many of the low income families, the case is
referred to the State Division of Emergency Management to assess eligibility for state aid.
On August 12, 2013 the County Manager approved the MOU with the North Carolina Division of
Emergency Management to allow the flow of state assistance for Orange County to be
administered by DSS. DSS works with individual households, pay rental assistance or other
costs (such as furniture) based on a state approved formula.
DSS utilized some of its existing emergency assistance funds to pay for hotels, clothing and
other immediate needs for affected families. There were also some households impacted by the
floods who were not eligible for state aid and DSS provided assistance to them. The agency
received donations for these families, and Friends of DSS has also assisted many families
through donated funds and volunteer resources. After the families have been served, DSS may
need to request additional emergency assistance funds to address other crises the agency
typically handles throughout the year.
FINANCIAL IMPACT: The MOU provides funds up to $750,000 for individuals impacted by the
flooding in Orange County on June 30, 2013. Funds will be used in FY 2013 -14 to provide
rental assistance and personal property replacement to approved individuals. Unexpended
funds will be returned to the state.
RECOMMENDATION(S): The Manager recommends the Board ratify the MOU and approve
Budget Amendment #1 -E accepting the state aid funds.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("1MOU11) is made this the day of
2013 (which date shall be referred to herein as the "Effective Date"), by and between the
ORANGE COUNTY, DEPARTMENT OF SOCIAL SERVICES ("DSS"), and the NORTH
CAROLINA DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY
MANAGEMENT ("DEM");
WILNESSETH-
WHEREAS, on or about June 30, 2013, severe weather impacted portions of Orange County
resulting in severe flooding; and
WHEREAS, certain buildings, facilities, personal items and equipment owned or rented by
residents in the county were damaged by floodwaters associated with the severe weather
(hereinafter collectively referred to as the "storm survivor"); and
WHEREAS, the DSS provided aid and assistance to eligible storm survivors in Orange County;
and
WHEREAS, pursuant to Executive Order No. 17, attached hereto and incorporated herein as
Exhibit A, and the applicable statutes cited therein, and subject to the terms and conditions of
this MOU, DEM has provided a grant to the DSS for the purpose of providing individual
assistance as provided under N.C.G.S § 1.66A- 1.9.41(b)(1) to eligible storm survivors.
NOW, THEREFORE, for and in consideration of the grant and the mutual covenants hereinafter
contained the parties hereto agree as follows:
I. Grant. DEM agrees to grant to DSS up to the sum of $750,000, to be disbursed as
individual assistance grants to storm survivors subject to the terms, conditions and requirements
of this MOU (the "Grant").
2. AvvrowiatipLi. The grant shall be appropriated by DSS to storm survivors within one
hundred fifty (150) days of the Effective Date. The grants hinds shall not be appropriated or
expended for any purpose other than individual assistance prograrn as allowed under law for
storm survivors,
3. RjLsident. An eligible resident is any storm survivor that was served by and is currently on
any list maintained by the DSS. The DEM will provide direct grants of individual assistance to
persons not served by the DSS.
4. C
:o–m--n1—iance. The North Carolina Department of Public Safety, through its Division of
Emergency Management ( "DEM " ") shall administer the grant and shall have full authority to
enforce the terms and conditions of this MOU. DSS shall implement the grant according to the
terms and conditions of this MOU. The DSS will provide award letters to recipients of the
individual assistance grants. The DSS will ensure that there is no duplication of benefit for storm.
survivors. Within thirty (30) days of completion of the grant, DSS shall provide DEM with (a) a
final report on the individual assistance grant to the storm survivors, (b) an account of the
disposition or expenditure of all grant funds, (c) return to the DEM any funds, that have been
determined to be a duplication of benefit, and (d) such other documentation or closeout materials
or actions as DEM may require.
5. Warranty. DSS shall hold DEM and the North Carolina Department of Public Safety
harmless for any liability and personal injury that may occur from or in connection with the
performance of this MOU to the extent permitted by the North Carolina Tort Claims Act. DEM
shall hold harmless and indemnify DSS and Orange County for and against any liability and
personal injury that may occur from or in connection with the performance of this MOU to the
extent permitted by North Carolina Law. This MOU does not waive the sovereign immunity of
DEM or Orange County with respect to any claim.
6. Situs. This MOU shall be governed by the laws of North Carolina, and venue for any
disputed matters or claims shall be in the Superior Court of Wake County, North Carolina.
7. Third Partie . Nothing in this MOU, express or implied, is intended to confer on any
other person any rights or remedies in or by reason of this MOU, This MOU does not give any
person or entity other than the parties hereto any legal or equitable claim, right or remedy. This
MOU is intended for the sole and exclusive benefit of the parties hereto. This MOU is not made
for the benefit of any third person or persons. No third party may enforce any part of this MOU
or shall have any rights hereunder. This MOU does not create, and shall not be construed as
creating, any rights enforceable by any person not a party to this MOU',
S. Communications. In order to provide consistent and effective communication between
DSS and DEM, each party shall appoint a Principal Representative to serve as its central point of
contact responsible for coordinating and implementing this MOU. The DEM contacts shall be
the DEM Director, DEM Assistant Director for Recovery and the DEM Individual Assistance
Officer, DSS contact shall be Nancy Coston, Director and Joyce Lee, Business Officer
9. Q�thcr P rvisions/Seyei Nothing in this MO�U is intended to conflict with current
laws or regulations of the DEM of North Carolina, Department of Public Safety or DSS. If any
term of this MOU is found by any court or other legal authority, or is agreed by the parties to be
in conflict with any law or regulation governing its subject, the conflicting term shall be
considered null and void. The remaining terms and conditions of this MOU shall remain in full
force and effect.
10. Entire Agreement. This MOU and any appendices, 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 DEM statements or agreements.
REMAINDER OF PAGEANTE NTIONALLY LEFT BLANK
[signatures on following pages]
This MOU has been executed by the parties hereto this . /Z day of
Al --,2013.
WITNESS:
WITNES S:
ORANGE COUNTY DEPARTMENT OF SOCIAL
SERVICES
"D MA
I
Interim Secretary
DEPARTMENT OF PUBLIC SAFETY