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HomeMy WebLinkAboutORD-2013-031 Ordinance approving Budget Amendment #1-E, Request to Ratify the MOU with NC Dept of E.M.ORD- 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 The Board approved the budget and capital project ordinance amendments for fiscal year 2013-14. '0 Y h. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro Citv Schools (CHCCS) and Continaent Approval of Budaet Amendment # 1-A Related to CHCCS Capital Project Ordinances The Board approved an application to the North Carolina Department of Public Instruction (NCDPI)to release funds from the NC Education Lottery account related to FY 2013-14 debt service payments for Chapel Hill —Carrboro City Schools, authorized the Chair to sign, and to approve Budget Amendment#1- A (amended School Capital Project Ordinances), contingent on the State's approval of the application. i. _Request to Extend Three Time-Limited Human Service Specialist Positions at Department of Social Services (DSS) The Board approved a request for the Department of Social Services (DSS) to extend three existing time- limited positions through June 30, 2014 for continued use during the transition of the legacy automation systems to the new NCFAST program. j. Comprehensive Plan and Unified Development Ordinance WDO) Amendment Outlines and Schedules for Four Upcomina Items The Board approved the process components and schedule for four upcoming government-initiated Unified Development Ordinance (UDO)/Comprehensive Plan text amendments. k. McGowan Creek Interceptor Project— Easement Negotiation The Board approved authorizing County staff to accept and acquire the private easements required to construct and maintain the McGowan Creek Interceptor Project by negotiation, purchase or condemnation, if necessary, and authorized the Chair to sign. I. Performance Agreement with Town of Chapel Hill and Visitors Bureau The Board approved the 2013-2014 performance agreement between the Town of Chapel Hill and the Visitors Bureau and authorized the Manager to sign. M. Amendment to the Household Hazardous Waste Services Agreement The Board approved an amendment to the existing Household Hazardous Waste (HHW) services agreement to include the provision of services at the Walnut Grove Church Road Solid Waste Convenience Center when it starts being open on Thursdays beginning on September 12, 2013 and authorized the Chair to sign. n. Authorization to Declare Solid Waste Management Items Surplus The Board approved declaring various vehicles and equipment surplus. o. FY 2013-14 Budaet Amendment #1-13 — Acceptance of Grant Funds for a Caregiver Support Program and Creation of a Time-Limited Part-Time (0.80 FTE) Social Worker I Position within the General Fund The Board accepted NC Division of Aging and Adult Services (NCDAAS) grant funds; to utilize those funds and Master Aging Plan funds to establish a time-limited, part-time bi-lingual Social Worker I position to work with Mandarin-speaking older adults; and approved Budget Amendment#1-B. P. FY 2013-14 Budget Amendment #1-C — Acceptance of NC Department of Transportation Grant Funds and Creation of a Time-Limited One FTE (1.0) Human Services Coordinator Position within the General Fund The Board accepted grant funds from the NC Department of Transportation (NCDOT) Public Transportation Division to identify and collaborate with transportation providers to expand services for seniors in Orange County; approved and authorized the Manager to sign the contract; approve Budget Amendment#1-C; and establish a time-limited Human Services Coordinator position. r. Emergency Management and Approve Budget Amendment #1-E by Accepting State Aid Funds Related to Orange County Flooding The Board approved 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. S. Rogers Road Community Center Bid Award Authorization The Board extended the Manager's authorization to award the construction bid and execute the construction contract up to the Board authorized capital project amount of$650,000 for the Rogers Road Community Center.