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HomeMy WebLinkAboutAgenda - 02-21-2006-5eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 21, 2006 Action Agenda Item No. 5-e. SUBJECT: Acceptance of 2005 Buffer Zone Protection Program (BZPP) Grant Funds DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Memorandum of Agreement INFORMATION CONTACT: Jack Ball, 968-2050 PURPOSE: To accept grant funding and approve a memorandum of agreement for a State pass-through grant award of federal Homeland Security funds in the amount of $50,000 to reimburse the County for equipment purchased for improving the response to critical facilities and key resources in the County. BACKGROUND: The United States Department of Homeland Security (DHS) awarded the State of North Carolina funding for homeland security equipment through the FY2005 Buffer Zone Protection Program (BZPP). Federal funding is allocated in accordance with a DHS risk assessment to provide funds to jurisdictions with critical facilities or key resources, Orange County is eligible for funding because it has one critical facility -the Dean Smith Center at UNC, as noted in Annex A to the attached Memorandum of Agreement. In December 2004, Orange County Emergency Management along with representatives from law enforcement agencies in the County participated in a joint planning session with representatives from the North Carolina National Guard to develop a Buffer Zone Protection Plan for the site in Orange County. The plan included a vulnerability assessment that studied what resources and capabilities are necessary to reduce vulnerability of the site to a terrorist attack. In .July 2005, Orange County received word that it qualified for funding in the amount of $48,500 under the BZPP for its vulnerable site. Staff coordinated with the law enforcement agencies and developed an equipment prioritization list in conjunction with the outcomes identified in the Buffer Zone Protection Plan. Staff then submitted a spending plan to the State of North Carolina for the equipment.. The spending plan for that funding is still pending with the United States Department of Homeland Security. The spending plan identified explosive mitigation equipment, vehicle barriers, communication equipment, chemical and biological detection equipment as being priorities for the sensitive site.. In November 2005, Orange County was informed that a supplemental funding program in the amount of $50,000 from the BZPP was open for applications for the critical facility. Staff quickly identified ah additional, separate spending plan for that funding regarding facility surveillance equipment. The spending plan for the supplemental program was rapidly approved and the County received the accompanying Memorandum of Agreement governing this additional $50,000 in grant funding. FINANCIAL IMPACT: There is no County match required for the receipt of the State- administered reimbursable Federal grant. The County will file for reimbursement from the State pursuant to the terms of the grant. There may be some incidental use of existing staff time; however, no additional County costs should be expected. RECOMMENDATION(S): The Manager recommends that the Board: 1. Accept the grant award; 2. Approve the Memorandum of Agreement, subject to final review by staff and the County Attorney; 3. Authorize transfer of ownership of all equipment purchased through this fund to the University of North Carolina at Chapel Hill, understanding that the County is absolved of all future financial liability for the equipment, subject to final review by staff and the County Attorney; and 4. Authorize the Manager to sign the agreement and any related documents incidental to acceptance and execution of the grant. 3 MOA#: HS-MU-0.3-5068 Tax H) #: 566000327A Fund Code: 1510-5195 MOA Amount: $50,000 CFDA#: 97.004 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT AND THE COUNTY OF ORANGE I. SUBJECT To ensure adequate pr'epazedness for 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 for Critical lnfr'astructure Protection (CIl') by first responders, local law enforcement and/or state personnel in theh effort to protect human life, property, and the environment H. PURPOSE the Department of Crime Control and Public Safety, Division of Emergency Management and the County of Orange, will enter into an agreement to provide additional funding for procurement of equipment for Critical Infrastructure Protection Program. HI. PARTIES The patties to this Memorandum of Agreement (MOA) aze: North Carolina Depaztrnent of Crime Control & Public Safety, Division of Emergency Management, henceforth in this document will be referred to as Grantee and the County of Orange, henceforth in this document will be referred to as Sub-grantee. IV. BACKGROUND the U S. Department of`Homeland Secuuity and the Office of Domestic Preparedness has made funds available ttuough the State Homeland Security Grant Number: FY 2003 TE-TX-0184 Part I to implement the State Domestic Prepaedness Strategic Plan of April 1, 2003 and FY 2003 State Homeland Secmity Grant Progam II, also know as the Supplemental Grant Program Ihese programs were established to provide federal reimbursement to state and local governments for the costs associated with purchasing equipment, conducting exercises, training and planning for CBRNE teunrist events. 1 the Grantee and the Sub-grantee enter into an azrangernent by which the Division of EM will provide Federal reimbursement funding to the Sub-grantee for the procurement of CIl' equipment agreed upon in Armex A V. AUTHORITY The parties enter into this MOA under the authority of the following: 1) Public Law 105-277, the Depaztments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act; 1999 (Div. A, Sec.101 (B) at 112 Stat 2681-50); 2) Department of Justice Appropriations Act, 1999 (Div A, Sec 101(B), Title I at 112 Stat 2681-50; 3) Public L,aw 107- 56, the LJ S Patriot Act of 2001; 4) Public Law 107-296, the Homeland Security Act of 2002; 4) Public Law 108-11, the Wartime Supplemental Appropriations Act of 2003; 5) FY 2003 Omnibus Appropriations Act; 6) FY 2004 Homeland Security Appropriations Act; 7) the implementing regulations of each Act or Law; 8) The U S Depaztment of Justice (L1SD0J), Oflce of Tustice Programs (OTP), Office ofDomestic Preparedness (ODP), Fiscal Yeaz 2001, 2002, State Domestic Preparedness Program, Program Guidelines and Application Kits, The USDO.J, Office of.Justice Progams, Office of Domestic Prepazedness FY 200.3 State Homeland Security Grant Program H Program Guidelines and Application Kit, and the Fiscal Yeaz 2004 State Homeland Security Grant Program Guidelines and Application Kit available at http://www.oio.usdoi.sov/guidelinesinfo.htm ; 9) applicable ODP Information Bulletins; and 10) The N C. Emergency Management Act, Chapter 166A of the North Cazolina General Statutes VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT The Grantee agrees to provide reimbursement to Sub-gzantee for the purchase of CIP equipment as described in Annex A. VH. DUTIES AND RESPONSH3ILITIES OF TIIE SUB-GRANTEE Sub-grantee agrees to: A Procure equipment as indicated in Annex A and as indicated in the applicable USDO.T, OJP, ODP Program Guidelines and Application Kits, of this MOA for additional Critical Inftasttuctrue Protection Pt'ogram enhancement B Sub-grantee will utilize its departmental procurement procedures and policies of the purchase of equipment listed in Annex A, attached and incorporated by reference herein, and follow procurement procedures and policies outlined in the applicable federal regulations and as outlined in the applicable USDOJ, OJP, ODP Program Guidelines and Application Kits and the USDOJ Office of .Justice Programs Financial Guide. C Procure the equipment as indicated in Annex A and as indicated in the applicable LJSDOI, O.1P, ODP Program Guidelines and Application Kits, attached and incorporated by reference herein. Sub-grantee shall order, receive, inspect, and stage the items at its own Page 2 of 11 S facility. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, shall be the sole responsibility of Sub-gantee and shall not be reimbursed under this MOA. D Sub-grantee shall submit invoice (s) for item {s) received and Payment Package to the NCEM Homeland Security grants coordinator requesting reimbursement The Grantee will reimburse Sub-grantee for eligible costs as outlined in the applicable USDOJ, OJP, ODP Program Guidelines and Application Kits. E Maintain inventory control of all items as outlined in the applicable federal regulations, and the applicable U.S DOJ Office of Justice Programs Financial Guide, attached and incorporated by reference herein. F Complete the procurement process not later than APRIL 30, 2006. G Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable USDOJ, OTP, ODP Program Guidelines and Application Kits and as outlined in the Standaz'd Assurances. H All original records pertinent to this MOA shall be retained by Sub-grantee three years from the date of the final Financial Status Report as outlined in the applicable LJSDO.J, OJP, ODP Program Guidelines and Application Kits and the USDOT Office of Iustice Programs Financial Guide, with the following exception: If any litigation, claim or audit is stazted before the expiration of the tiuee 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 AND COMPENSATION The Grantee will reimburse Sub-grantee for the actual eligible costs incurred, not to exceed $50,000 to procure CIl' equipment as described in Annex A of this MOA Funds will be provided by the Grantee. The allocation of funds will be from Ure DO.J/DHS/ODP FY 2003 Pazt R Statewide Domestic Prepazedness Grant All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds from DO.1/DHS/ODP and the Department of Crime Control and Public Safety, Division of Emergency Management fot the purposes set forth and the MOA shall automatically terminate if funds cease to be available. Allowable eligible costs shall be determined in accordance with the applicable federal regulations, including but not limited to, 28 C F R. Parts 66, 67, 69 and 7Q and the applicable LJSDOJ, O1P, ODP Program Guidelines and Application Kits available at ht_pt ://www.oin.usdoi.aov/Qttidelinesinfo.htm ,OMB Circulazs A-21, A-87, A-122, A-128 and A- 133, the U.S. DOJ Office of Justice Programs Financial Guide available at hito://www.~.usdoj.gov/ FinGuide/, and the approval of the SAA FOR THE STATE OF Page .3 of 1] ~o NORTH CAROLINA, Secretary of Crime Conhol and Public Safety.. the applicable IJSDOJ, OTP, ODP Proganr Guidelines and Application Kits, include but may not be limited to, the following: 1) the U.S Department of .Justice (USDOT), Office of Justice Ptogams (OJP), Office of Domestic Preparedness (ODP), Fiscal Year 2001 State Domestic Prepazedness Program, Program Guidelines and Application Kit; 2) Fiscal Year 2002 State Domestic Prepazedness Progam, I'rogam Guidelines and Application Kit; 3) The LISDOT, Office of Justice Progams, Office of Domestic Preparedness FY 2003 State Homeland Security Grant Progam II Progam Guidelines and Application Kit; and 4) Fiscal Year 2004 Stato Homeland Security Grant Progam Guidelines and Application Kit The Federal Department of Homeland Security will reimburse the State of North Carolina for expenses that were approved on Annex A as explained in the applicable LJSDOT, OJP, ODP Program Guidelines and Application Kits. The Grantee will reimburse the Sub-gantee for eligible expenses that were approved in Annex A Compensation will be in accordance to Annex B I<Y. MODIFICATION OF THE AGREEMENT Modifications of this ageement must be in writing and upon approval ofboth pazties except as modified by official USDHS, SLGCP, GDP Federal Grant Adjustment Notice (GAN) X. PROPERTY All property furnished under this ageement shall become the property of the Sub-gantee the Sub-grantee shall be responsible for the custody and caze of any property famished for use in connection with the performance of this agreement and shall reimbuuse the Grantee for any loss or damage to said property to the extent permitted by the North Caolina Tort Claims Act The Grantee will not be held responsible for any equipment purchased by Sub-lpantee XI. COMMUNICATIONS To provide consistent and effective communication between the Sub-gantee and the Grantee, each pazty shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA The Grantee contacts shall be FI. Douglas Hoell, Jr, Director; Toe Fitzpatrick, Branch Manager, Fomeland Security and J D. Hughes, Grant Coordinator, Homeland Security, Phone: 919-715-8000 Ext 230, E-mail: jdhughes@ncem org. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving pazty as confidential and reshicted in its use to only those uses contemplated by the terms of this Ageement unless otherwise provided by applicable State and Federal law Any information which is to be treated as confidential must be cleazly masked as confidential prior to transmittal to the other party. Neither party shall disclose to third patties, the other party's confidential information without written authorization to do so from the other party. Specifically excluded fiom such confidential Page 4 of 11 treatment shall be information which: (i) as of the date of disclosure and/or delivery, is already known to the pazty 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 paty by a third paty who is not obligated to retain such information in confidence; or (iv) is independently developed at the receiving pazty by someone not privy to the confidential information XII. SUBCONTRACTING AND SUBGRANTING If the Sub-grantee subconhacts or subgran[s any or all purchases requued under this Agreement, Sub-grantee agrees to include in the subcontract or subgrant that the subconhactor/subgrantee is bound by the terms and conditions of this MOA Sub-grantee agrees to include in the subcontracUsubgrant that the subcontractor7subgrantee shall hold the Grantee harmless against all claims of whatever nature azising out of the subcontractor's performance of work under this MOA, to the extent allowed and required by law If Sub-grantee subcontracts/subgrants, a copy of the executed subcontractlsubgrant agreement must be forwarded to the Grantee and approval granted prior to the execution of said subcontracUsubgant Conhactual arrangement shall in no way reheve Sub-grantee of its responsibilifies to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. Sub-grantee is bound by the terms, conditions and restrictions of the applicable USDHS, SLGCP, ODP, Homeland Security and Office of Domestic Prepazedness Program Guidelines and Application Kits referenced herein. XIII. COMPLIANCE WITH THE LAW Sub-grantee shall be wholly responsible for the purchases to be made under this MOA and for the supervision of"its employees and assistants Sub-grantee shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that aze applicable to the conduct of its business and pruchase requirements performed under this MOA, including those of federal requirements and ,State, and local agencies having appropriatejurisdiction and found in applicable iISDOl, OJP, ODP Program Guidelines and Application Kits XIV. WARRANTY Sub-grantee shall hold the Grantee hazmless for any liability and persona] injury Chat may occur from or in connection with the performance of this MOA to the extent permitted by the North Carolina Tort Claims Act. XV. ANTITRUST LAWS This Agreement is entered into in compliance with all State and Federal antitrust laws Page 5 of 11 XVI. TERNIINATION The termination date is APRIL .30, 2006. Ihis MOA may be terminated upon submission of a 30-day advance vnitten notice of termination. Upon approval by USDOI, ODP and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension will be the date listed in the applicable USDOT, OTP Grant Adjustment Notice, attached and incorporated by reference herein. If`DHS suspends or terminates funding in accordance with 28 C.F R. §66.43 and the applicable U.S. Depaztment of Homeland Security, OTP, ODP Program Guidelines and Application Kits, attached and incorporated by reference herein, Sub-grantee shall reimburse the Division of Emergency Management for said property. XVII. ENTIRE AGREEMENT Ihis Agreement and any exhibits and amendments annexed hereto and any documents incorporated specifically by reference represents the entire agreement between the pazties and 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 signauue which shall be that of Mr. Gerald A. Rudisill, Jr, Deputy Secretazy, NC Depaztment of Crime Control and Public Safety Page 6 of I 1 9 CONIRACIING AGENCY: DIVISION OF EMERGENCY MANAGEMEN7 DEPARTMENT OF CRIME CONIROL AND PUBLIC SAFEIY BY: DATE: BY: DATE: A, DOUGLAS IIOELL, JR., DIRECTOR DIVISION OF EMERGENCY MANAGEMENI .IOHN M LRVK, JR. COUNIY MANAGER, ORANGE COUNIY APPROVED AS i0 PROCEDURES: BY: DATE: BENNIE AIKEN, CONTROLLER DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFEIY MA'I2VIN WATERS, CC.PS GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF CRIME CONL ROL AND PUBLIC SAFEIY BY MARVllV WATERS, CCPS GENERAL COUNSEL, TO FULFILL THE PURPOSES OF TILE US DEPARTMENT OF HOMELAND SECURITY STATE SECURITY GRAN T PROG,,R,, AB~M DAIS: _ ~ L/~ ~Q BY: DAIS: GERALD A~ RUDISILL, JR., DEPUTY SECRETARY NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUBLIC SAFEIY PREVIOUSLY APPROVED AS i0 FORM FOR 7HE US DEPARTMENI OF HOMELAND SECURiTY,STA7E HOMELAND SECURI7Y GRANTS, BY TAE NORTH CAROLINA gEl'ARIMENI' OF.lUS7iCE Page 7 of 1 I ~o ANNEX A Equipment Purchase Description To the Memorandum of Agreement Between the Department of Crime Control and Public Safety, Division of Emergency Management And The County of Orange Page 8 of 1 I iJNITED STATES DEPARTMENT OF HOMELAND SECURITY ~-,;,,; ,u , IDfotma[ion Analysis and InEiaslructure Protection (; ,~- Protective Security bivision -Protective Measures Section Buf(m- Tune Protection Piun Program Yp 11~"i VULNERABILITY REDUCTION PURCHASING PLAN VRPP NO. DATE 10/24/05 BZPP SITE University of North Carolina Dean Smith Center ADDRESS 300 Skipper Bowles Drive Chapel Hiil NC 27515 ADDITIONAL BZPP SITE(S) ADDITIONAL ADRESS(ES) RESPONSIBLE JURISDICTION ORGANIZATION (RJO) Orange County Emergency Management ADDRESS Mail: P.O. Box 8181 Hillsborough, NC 27278 Ship: 1914 New Hope Chumh Road Chapel HII( NC 27514 R JO POC NAME Edc Griffin PHONE 91&988-2050 I - le-MAIL ~ egdfBnQco.orange.nc.us CELL 919-730-3414 EQUIPMENT AND RELATED ITEMS ITEM NO. AEL NO. DESCRIPTION UNIT COST QTY. TOTAL COST 10 14.1.1.6 Survelliance, Video Assessment $47,000.DO 1 $47,000.00 10 21.2 Shi ing $500.00 1 $500.00 10 21.4 Installation $2,500.00 1 S2,500.00 $0.00 VRPP GRANT TOTAL $50,000.OD VRPP LOAN NO. EQUIPMENT RECENED/EN ROUTE 80.00 GRAND TOTAL. (NOr TO EXCEED Saasoo) $50,000.00 AGENCY/ORGANIZATION NAME Oran a Counl Emeryenc Management RJO ~ NAMERRLE Jack Bail/ Emergency Management Dimetor REQUEST PHONE NUMBER 8 E-MAIL ADDRESS 919-966-2050/)bailQco.orange.nc.us DATE 10/24!05 AGENCYlORGANIZATION NAME _ SHSA NAMERITLE CONCURRENCE PHONE NUMBER8E-MALL ADDRESS DATE AGENCYIORGANIZATION NAME CONCURRENCE ~ PHONE NUMBERS MAIL ADDRESS DATE NAMElfITLE ODP VERIFICATION PHONE NUMBER 8 E-MAIL ADDRESS DATE IAIP/PSD APPROVAL. ODP APPROVAL NAMEITITLE i~ SENSITIVE HOMELAND SECURITY INFORMATION VRPP Eupplamemal Fam DrangeCOUnry.UNC ra2a.os ° FOR OFFICIAL USE ONLY - atnoos LAW ENFORCEMENT SENSITIVE Page 1 oft is ANNEX B US Department of Homeland Security Guidelines To the Memorandum of Agreement Between Department of Crime Control and Public Safety, Division of Emergency Management And The County of Orange Page 10 of 11 /3 Instructions for Submitting Reimbursement Requests When submitting your reimbursement requests, please use the checklist below as a guideline on what information should be included with your request package. • Send in your request for reimbwsement on State Agency Letterhead • Address to: NC Emergency Management Attn: I D. Hughes 1830B Tillery Place Raleigh, NC 27604 • include the amount requested • Identify the agency to which the check is to be mailed. • Include the address to which the check is to be sent • List yow tax ]D#. • Attach the deliverables as listed in the approved MOA • I need only one hazel copy of the listed deliverables. • Make a strmmazy page for zequested reimbwsements • Apply for reimbwsement only when pwchase is complete • Include one copy of all invoices or bills (copy (s) need to stay with applicant for audit pwposes~ • In-house laboz will NOT BE ACCEPTED • Requested reimbursement shall not be more than the approved amount Page 11 of 11