HomeMy WebLinkAboutAgenda - 06-27-2006-5qORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 27, 2006
Action Agenda
Item No. _ rj~.~
SUBJECT: Allow subgranting of 2005 Buffer Zone Protection Program (BZPP) Grant
Funds
DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Subgrant Agreement and Agreement Jack Ball, 968-2050
Attachments
PURPOSE: To consider the subgranting of funds received for the purpose of Critical
Infrastructure Protection and approve a memorandum of agreement for such efforts between
the County and the subgrantee to provide for the proper expenditure of federal Homeland
Security funds.
BACKGROUND: The United States Department of Homeland Security (DHS) awarded the
State of North Carolina funding for homeland security equipment through the FY2005 Buffer
Zane 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 has one critical facility and thus is eligible for funding.
On February 215f, the Orange County Board of County Commissioners accepted the $50,000
for the purpose of improving the protection of a critical resource within the county. $5,000 has
since been expended through the use of a consultant to make recommendations on the proper
methods of upgrading the protection of the critical site, leaving $45,000 available for
subgranting to the critical resource.
To more easily expedite the procurement process, County staff have consulted with the site
staff and determined that subgranting the funds to the site security managers will be the most
effective method of implementing the project. Orange County Purchasing, Budget staff, and the
County Attorney were included in this coordination process, and Orange County Emergency
Management has received approval to engage in the subgranting of funds from the North
Carolina Division of Emergency Management.
Orange County Emergency Management has agreed to provide grant compliance monitoring for
the purpose of this subgrant agreement, and staff has the requisite knowledge, skills, and
abilities to monitor for the County's interest in this agreement to ensure that the site security
managers will engage in authorized expenditures.
FINANCIAL IMPACT: There is no County funding involved in this subgrantee agreement, The
County will only reimburse the University once the County has received reimbursement from the
State, There may be some incidental use of existing staff time; however, no additicnal County
casts should be expected.
RECOMMENDATION(S): The Manager recommends that the Board:
1, Approve the Memorandum of Agreement and attachments, subject to final review by staff
and the County Attorney;
2, Designate the Emergency Management Specialist as primary grant monitor, and the
Emergency Management Director as a Secondary contact;
3. Authorize the Manager, Emergency Management Director, and County Attorney to sign
the agreement; and
4, Authorize the Emergency Management Director to sign the reimbursement request forms
associated with the provisions of the grant,
L1S Department of Homeland Security
FY 2003 ODP Homeland Security Grant Program
Critical Infrastructure Program Grant
Subgrant Agreement
Between
Orange County
And
The University of North Carolina at Chapel Hill
THIS AGREEMENT made and entered into the day of _, 2006, by and between ORANGE COUNTY, North
Carolina, hereinafter refereed to as the "COUNTY," and the University of North Carolina at Chapel Hill, North Carolina, hereinafter
referred to as the "UNIVERSITY",
WITNE^SSETH:
WHEREAS, the UNIVERSITY has requested certain critical infrastructure equipment ("CI EQUIPMENT") from the
COUNTY to be used to improve Critical Infrastructure Protection at a certain site on the UNIVERSITY'S campus from the FY 200.3
Part II DOJ/DHS/ODP Statewide Domestic Preparedness Grant Program;
WHEREAS, in response to such request, the Orange County Board of County Commissioners has dedicated the sum of
$45,000 (tire "REIMBURSEMENT AMOUNT") in remaining funding from the 2003 Critical Infrastructure Protection Program Grant
to reimburse the UNIVERSITY for CI EQUIPMENT purchases, with said sum being derived from federal grant funding;
WHEREAS, with the expenditure of the funding to purchase CI EQUIPMENT, that CI EQUIPMENT purchased will become
the property of the UNIVERSITY;
WHEREAS, if all expenditures of the grant have not been completed by the end of the fiscal year ending June 30°', 2006, the
remaining funds will be re appropriated to the FY 2006-07 Budget; and
WHEREAS, it is desirable and necessary to enter into this Agreement in order to set forth the terms and conditions for
receiving said funds from the COUNTY.
NOW, THEREFORE, in consideration of the following, the parties hereto do mutually agree as follows:
The UNIVERSITY agrees to purchase the CI EQUIPMENT as listed in Attachment A.
In consideration for dre performance by the UNIVERSITY of the services outlined above, dre COUNTY agrees to
reimburse the UNIVERSITY for the CI EQUIPMENT pwchase in a lump sum amount equaling the REIMBURSEMENT
AMOUNT (as documented in the reimbursement procedures Attaclunent C) of COUNTY funds authorized in the
ORANGE COUNTY Budget for the 2005-06 fiscal year, COUNTY shall reimburse the UNIVERSITY within thirty
(30) days of receiving an invoice from the UNIVERSITY, after the COUNTY receives reimbursement from the State of
Nor11r Carolina
~`
3, In consideration fot the performance by the COUNTY of the services outlined above, the UNIVERSITY agrees to be
bound by the terms and conditions of the Memorandum of Agreement as listed in Attachment B to the extent applicable
to the TJNIVERSITY's selection, ownership and use of the CI EQUIPMENT procured by the UNIVERSITY.
4. All grant expenditures must be spent, invoiced, and submitted to the Orange County Department Of Emergency
Management by August 30, 2006. If at such time the Office of Emergency Management receives notification of a grant
extension from the North Carolina Division of Emergency Management, this will be transmitted in writing to the
UNIVERSITY and serve as a formal amendment to this contract. Reimbursement is contingent upon receipt by the
COUNTY of Homeland Security funds from the Federal and/or State government.
5 The UNIVERSITY agrees to maintain a complete and accurate inventory of the CI EQUIPMENT and any associated
supplies and to maintain a documented list of the general location(s) of the CI EQUIPMENT, which can be produced
upon request by any internal or external agency for the purposes of inspection, inventory, financial, or fiscal audits. The
UNIVERSITY further warrants that the CI EQUIPMENT will be used for purposes authorized under the DHS grant.
6, It is understood that the UNIVERSITY will retain custody of the listed property and will assume complete responsibility
and ownership of the CI EQUIPMENT including security, maintenance (preventative or otherwise), insurance, and any
associated expenses for supplies (disposable or reusable), upgrades (software or hardware), not already included in with
the original purchase and the UNIVERSITY agrees to maintain the listed property in proper working condition per
manufacturer recommendations and requirements.
7. The UNIVERSITY further agrees to provide or make accessible to the extent possible, to the COUNTY, the CI
EQUIPMENT in situations of emergency mutual aid or for incidents involving the need for specialized equipment in
which the listed property would be of use to other public safety agencies within Orange County upon request by
appropriate authorities through the Incident Command System or through a direct request duough the COUNTY
Department of Emergency Management.
8 If the UNIVERSITY fails to perform its obligations under this Agreement, or if the UNIVERSITY shall violate any of
the provisions of this Agreement, the COUNTY shall have the right to terminate this Agreement by giving written nofice
to the UNIVERSITY of such termination at least thirty (30) days before the effective date of'such termination.
9 In connection with the performance of this Agreement, the UNIVERSITY shall not discriminate against any employee,
applicant for employment, or program participant because of race, religion, color, sex, handicap, or national origin.
10. The UNIVERSITY shall maintain all accounts, books, ledgers, ,journals and records in accordance with generally
accepted accounting principles, practices and procedures applicable to dre UNIVERSITY.
I I. The UNIVERSITY shall submit to fire Orange County Department of Emergency Management, on request, a status report
of all program activities associated with this project.
12. The UNIVERSITY shall have an annual audit, as preformed by the North Carolina State Auditor, of its financial records
and operations performed by an appropriate accounting entity with a copy of'such audit and a copy of the financial
records and operations of the UNIVERSITY, as it applies to the annual maintenance and upkeep of the grant funded CI
EQUIPMENT as listed in Attachment A, being available to the ORANGE COUNTY Finance Department by December
31 of each fiscal year.
1.3. The COUNTY shall be enritled to conduct program evaluations of the UNIVERSITY's activities as it relates to the
accomplishments of established goals and objectives of this Critical Infrastructure Protection Program and the quality and
impact of services being delivered.
14 All books and records in regards to this project shall be maintained by the UNIVERSITY for a period of at least three
years from the date of the CI EQUIPMENT purchase under this Agreement and shall be made available for audit or
evaluation upon request during regular business hours of the UNIVERSITY.
15 Official meetings of the UNIVERSITY will comply with the open meetings law,
16, The UNIVERSITY has adopted aDrug-Free Workplace Policy in accordance with the Drug-Free Workplace Act of 1988
(41 U SC. 701). (See http://wwwzmc edu/campus/policies/illegal_drugs.html)
5
17. As a condition of receiving the REIMBURSEMENT AMOUNT from the COUNTY, the UNIVERSITY agrees, to the
extent permitted by North Carolina law, to fully indemnify and hold harmless the COUNTY, the State of North Carolina,
its officers, agents, and employees from and against any and all claims, demands, payments, suits, actions, costs,
recoveries, and,judgments of every kind and description brought out of or occurring in connection with, directly or
indirectly, activities funded in part or in whole with funds made available under this Agreement.
18 The COUNTY is in no way responsible for the administration and supervision of the UNIVERSITY'S officers,
employees, and agents, which persons it is agreed are not officers, employees, or agents of the COUNTY
19, This Agreement may only be amended by written amendments mutually agreed upon by and between dre COUNTY and
ffie UNIVERSITY.
20 County shall not use the name of the UNIVERSITY for advertising or promotional purposes without the written
pernilssion of the UNIVERSITY,
IN WTINESS WFIEREOF, the parties hereto have caused this Agreement to be executed in their name by their duly
authorized officers, their seals to be hereto affixed the day and year first above written.
ORANGE COUNTY UNIVERSITY OF NORTH CAROLINA AT
CHAPEL HILL.
County Manager
Nancy D. Suttenfield
Vice Chancellor for Finance and Administtation
Attest:
Clerk to Board
Approved as to Content:
Emergency Management Director
Approved as to Form and Legality:
County Attorney
Approved as to Legal Sufficiency:
County Attorney
This instrument has been preaudited in the manner
required by the Local Government Budget and
Fiscal Control Act..
Orange County Finance Director
7
US Department of Homeland Security
FY 2003 ODP Homeland Security Grant Program
Critical Infrastructure Protection
Between
Orange County
And
The University of North Carolina at Chapel Hill
Attachment A -Vulnerability Site Purchase Plan
S
UNITED STATES DEPARTMENT OF HOMELAND SECURITY ~.
Information Analysis and lnfrnstrocWre Protection .;
Protective Security Division•Protedive Measures Section a f
'~~~~
gutter Zone Proleetion Plan Program
VULNERABILITY REDUCTION PURCHASING PLAN
VRPP NO. DATE 10/24/05
BZPP SITE ADDRESS
AD01170NAL ADDITIONAL
BZPP STfE(S) ADRESS{ES)
RESPONSIBLE Orange County Emergency Managemonl ADDRESS Maii: P.O. Sox 8181 Hillsborough. NC 27278
Ship:1914 New Hope Church Road Chapel
JURISDICTION
ORGANIZATION Hill NC 27514
(RJO)
RJO POC NAME Eric Griffin PHONE 919.968-2050
E-MAIL dtfin cro.ora e.nc.us CELL 919-730.3414
__
EQUIPMENT AND RELATED ffEMS
ffEM
NO. AEL NO. DESCRIPTION UNIT COST QTY. TOTAL COST
10 14.1.1.6 Surveilianrs. Video Assessment 547.000.00 1 547,000.00
10 21.2 Shl I 550D.00 1 5500.DD
1D 21.4 Insta~aiion 52.500.00 1 52500.OD
50.00
VRPP GRANT TOTAL 550,DOO.OD
VRPP LOAN NO. EQUIPMENT RECEIVEDIEN ROUTE 50.00
_ GRAND TOTAL{xOTTO Pxcae05so,aoo 550.000.00
_AGENCY/ORGANIZATION NAME Oran eCOUn Eme en Mana emeni
RJD NAME1TtTLE Jack BaN Emergency Management DlreGOr
REQUEST PHONE NUMBER & EMAIL ADDRESS 91&9 6 6-20 5 01'bail co.ora e.ncus
DATE 10/24/D5
AGENCYIORGANIZATION NAME
'. SHSA NAME7TIiLE _-
'~. CONCURRENCE PHONE NUMBER BE-MAIL ADDRESS
DATE
AGENCY/ORGANIZATION NAME
SAA NAMEITITI.E
CONCURRENCE PHONE NUMBER 8 E-MAIL ADDRESS - -
DATE -
^-- NAME/TRLE
- _ _.
ODP - -
~
PHONE NUMBER 8 EMAIL ADDRESS ._-___
VERIFICATION
DATE ~
NAME/TITLE
IAIPIPSD PHONE NUMBER 8 E-MAIL ADDRESS
APPROVAi. DATE
NAME/TITLE
ODP PHONE NUMBER SE-MAIL ADDRESS
APPROVAL DATE
SENSffNE HOMELAND SECURf11' INFORMATION
vnrc SUpplamontal FOnn aanav county-t1NC tssn-os Kt --FOR OFFICUU. USE ONLY- pagelofl
3ii2ao5 LAW ENFORCEMENT SENSITIVE
US Department of Homeland Security
FY 2003 ODP Homeland Security Grant Program
Critical Infrastructure Protection
Between
Orange County
And
The University of North Carolina at Chapel Hill
Attachment B -Grant Guidance
See Orange County MOA with the State that is attached.
io
MOA#: HS-MU-03-5068
Tax ID #: 566000327A
Fund Code: 1510-5195
MOA Amount: $50,000
CFDA#: 97.004
MEMORANDUM OF AGREEMENT
BETWEEN TIi.E
DEPARTMENT OF CRUVIE CONTROL AND PUBLIC SAFETY,
DIVISION OF EMERGENCY MANAGEMENT
AND
THE COUNTY OF ORANGE
I. SUBJECT
Io ensure adequate prepazedness for a response to an act of terrorism within the State of Norih
Carolina, funding has been allocated for the procurement of equipment. This equipment will be
used for Critical Infrastruchue Protection (CIP) by fast responders, local law enforcement and/or
state personnel in thew effort to protect human life, property, and the envhonment.
II. PURPOSE
the Department of Crime Control and Public Safety, Division of Emergency Management and
the County of`Ozange, will enter into an agreement to provide additional funding fox
procurement of equipment fox Critical Infiastructme Protection Program
III. PARTIES
The parties to this Memorandum of Agreement (MOA) aze: Nozth Cazolina Department of
Crime Control & Public Safety, Division ofBmergency 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. Depaztment of Homeland Security and the Office of Domestic Prepazedness has made
funds available tluough the State Homeland Security Giant Number: FY 2003 TE-TX-0184 Pazt
I to implement the State Domestic Pzepazedness Shategic Plan ofApril 1, 2003 and FY 2003
State Homeland Security Grant Program II, also Imow as the Supplemental Grant Progam
These progzams were established to provide federal reimbursement to state and local
governments for the costs associated with purchasing equipment, conducting exemises, training
and planning for CBRNE terrorist events.
The Grantee and the Sub-gantee enter into an azrangement by which the Division of EM will
provide Federal reimbursement funding to the Sub-gantee for the procurement of CII'
equipment ageed upon in Annex A.
V. AUTHORITY
The pazties enter into this MOA under the authority of the following: 1) Public Law 105-277, the
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropxiafions Act, 1999 (Div A, Sec 101 (B) at 112 Stat 2681-50); 2) Depaztxnent of .Justice
Appropriations Act, 1999 (Div A, Sec. 101(B), Title I at 112 Stat 2681-50; 3} Public Law 107-
56, the U S Patriot Act of 2001; 4) Public Law 107-296, the Homeland Security Act of 2002; 4)
Public Law 108-11, the Waztime Supplemental Appropriations Act of 2003; S) FY 200.3
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 (USDOT),
Office of .Justice Programs (OJP), Office of Domestic Prepazedness (ODP), Fiscal Yeaz 2001,
2002, State Domestic Prepazedness Program, Progam Guidelines and Application Kits, The
USDOJ, Office of Justice Progams, Office of Domestic Pxepazedness FY 2003 State Homeland
Security Grant Progam II Program Guidelines and Application Kit, and the Fiscal Year 2004
State Homeland Security Grant Progam Guidelines and Application Kit available at
http://www.oia.usdois;ov/euidelinesinfo.htm ; 9) applicable ODP Information Bulletins; and 10)
The N C Emergency Management Act, Chapter 166A of the North Carolina General Statutes.
VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME
CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT
The Crxantee agrees to provide reimbursement to Sub-gantee for the purchase of CIP equipment
as described in Annex A.
VH. DUTIES AND RESPONSIBILITIES OF THE SUB-GRANTEE
Sub-grantee agees to:
A Procure equipment as indicated in Annex A and as indicated in the applicable USDO.J,
OJP, ODP Progazn Guidelines and Application Kits, of this MOA for additional Critical
hrfiastxucture Protection Progam enhancement
B Sub-gantee will utilize its departmental procurement procedures and policies of'ihe
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 Progam Guidelines and Application
Kits and the USDOJ Office of Justice Progams Financial Guide.
C Procure the equipment as indicated in Annex A and as indicated in the applicable
LISDOT, OTP, ODP Progam Guidelines and Application Kits, attached and incorporated by
reference herein. Sub-gantee shall order, receive, inspect, and stage the items at its own
Page 2 of 11
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facility The purchase oz acquisition of any additional materials, equipment, accessories or
supplies, oz the provision of any training, shall be the sole responsibility of Sub-grantee 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 giants coordinator requesting reimbursement The Cnantee will
reimburse Sub-grantee for eligible costs as outlined in the applicable LJSDOJ, O.IP, 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 O£fice 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
requfrements, reporting iequuements and certifications as outlined in the applicable tJSDOJ,
OTP, ODP Program Guidelines and Application Kits and as outlined in the Standard
Assurances.
H. All original records pertinent to this MOA shall be retained by Sub-grantee three yeazs
from the date of the final Financial Status Report as outlined in the applicable USDOJ, OJP,
ODP Program Guidelines and Application Kits and the USDOJ Office of .Justice Programs
Financial Guide, with the following exception: If any litigation, claim or audit is stazted
before the expirafion of the three yeaz period and extends beyond the three yeaz period, the
records will be maintained until all litigation, claims or audit fmdings involving the records
have been resolved.
VIII. FUNDING AND COMPENSATION
The Grantee will reimburse Sub-grantee for the achlal eligible costs incurred, not to exceed
$50,000 to procure CIP equipment as described in Annex A of this MOA. Funds will be
provided by the Grantee. The allocation of funds will be from the DOJ/DFIS/ODP FY 2003 Pazt
II Statewide Domestic Prepazedness Grant.
All terms and condifions of this Agreement aze dependent upon and subject to the allocation of
funds from DOJ/DH5/ODP and the Depaztment 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 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 70, and the applicable
USDOJ, O.JP, ODP Program Guidelines and Applicafion Kits available at
http://www.oin.usdoi.uov/euidelinesinfo htm ,OMB Circulars A-21, A-87, A-122, A-128 and A-
133, the tJ.S DOJ Office of Justice Programs Financial Guide available at
http://www.oip.usdoj.gov_/ FinGuide/, and the approval of the SAA FOR THE STATE OF
Page 3 of 11
13
NORTH CAROLINA, Secretary of Crime Conhol and Public Safety. The applicable LJSD07,
OIP, ODP Program Guidelines and Application Kits, include but may not be limited to, the
following: 1) The U S Depaztrnent of Justice (USD01), Office of lustice Programs (OJP),
Office of Domestic Px'epazedness (ODP), Fiscal Year 2001 State Domestic Prepazedness
Program, Program Guidelines and Application Kit; 2) Fiscal Yeaz 2002 State Domestic
Prepazedness Program, Program Guidelines and Application Kit; 3) The LJSDO.J, Office of
Justice Programs, Office of Domestic Preparedness FY 2003 State Homeland Security Crrant
Program II Progam Guidelines and Application Kit; and 4) Fiscal Yeaz 2004 State Homeland
Security Grant Progam Guidelines and Application Kit
The Federal Department of Homeland Security will reimburse the State of North Cazolina fox
expenses that were approved on Annex A as explained in the applicable USDOJ, OIP, ODP
Program Guidelines and Application Kits. The Grantee will reimburse the Sub-grantee for
eligible expenses that were approved in Annex A,
Compensation will be in accordance to Annex B
IX. MODIFICATION OF TILE AGREEMENT
Modifications of this agreement must be in writing and upon approval of both pazties except as
modified by official LJSDHS, SLGCP, ODP Federal Grant Adjustment Notice (GAN)
X. PROPERTY
All property famished under this agreement shall become the property of the Sub-grantee the
Sub-grantee shall be responsible for the custody and raze of any property furnished for use in
connection with the performance of this agreement and shall reimburse the Grantee for any loss
or damage to said property to the extent permitted by the North C,azolina Tort Claims Act The
Grantee will not be held responsible for any equipment purehased by Sub-grantee.
XI. COMMIJPtICATIONS
Io provide consistent and effective communication between the Sub-grantee and the Cnantee,
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 H
Douglas Hoell, Jr , Duector; loe Fitzpatrick, Branch Manager, Homeland 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 pazty disclosed to the other pazty in connection with the
services provided hereunder will be treated by the receiving paty as confidential and restricted
in its use to only those uses contemplated by the terms of this Agreement unless otherwise
provided by applicable State and Federal law. Any infozmation which is to be heated as
confidential must be cleazly mazlced as confidential prior to transmittal to the other pazty
Neithez party shall disclose to third pazties, the othez party's confidential information without
written authorization to do so from the othez pazty, Specifically excluded from such confidential
Page 4 of 11
i4
treatment shall be infozmation which: (i) as of the date of disclosure and/oz delivezy, is alzeady
known fo the pazty receiving such information; (ii) is oz becomes pazt of the public domain,
through no fault of the receiving pazty; (iii) is lawfully disclosed to the receiving party by a third
pazty who is not obligated to z'etain such infozmation in confidence; or (iv) is independently
developed at the receiving party by someone not privy to the confidential information.
XII. SUBCONTRACTING AND SUBGRANTING
If the Sub-gzantee subcontracts or subgrants any or all purchases zequired undez this Agzeement,
Sub-grantee agrees to include in the subcontractor subgzant that the subcontractoz/subgrantee is
bound by the terms and conditions of this MOA Sub-grantee agrees to include in the
subcontract/subgzant that the subcontractor'/subgzantee shall hold the Gzantee hazmless against
all claims of whatever nahue azising out of the subcontractor's pezformance of work undez this
MOA, to the extent allowed and required by law if Sub-grantee subconh'acts/subgr'ants, a copy
of the executed subcontr'act/subgrant agreement must be forwaz'ded to the Gzantee and approval
granted prior to the execution of said subcontract/subgrant. Contractual azrangement shall in no
way relieve Sub-grantee of its responsibilities 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 Pzepaz'edness Progzam Guidelines and Application
Kits referenced hezein
XIH. COMPLIANCE WITH THE LAW
Sub-grantee shall be wholly zesponsible 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, roles, regulations, licensing requirements and other regulatory
matters that az'e applicable to the conduct of its business and purchase requirements pezformed
under this MOA, including those of federal requirements and ,State, and local agencies having
appzopziate juzisdiction and found in applicable USDO1, OIP, ODP Program Guidelines and
Application Kits.
XIV. WARRANTY
Sub-gzantee shall hold the Gzantee hazmless foz any liability and personal injury that may ocem'
from oz in connection with the pezformance of this MOA to the extent pezmitted by the Nozth
Caz'olina Tozt Claims Act
XV. ANTITRUST LAWS
This Agreement is entered into in compliance with all State and Federal antitrust laws.
Page 5 of 11
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XVI. TERMINATION
The termination date is APRIL 30, 2006. This MOA may be terminated upon submission of a
30-day advance written notice of termination.
I7pon approval by USDOJ, 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
i1SD0.7, OTP Grant Adjustment Notice, attached and incorporated by reference heroin
If DHS suspends or terminates funding in accordance with 28 C F R. §66.43 and the applicable
U S. Department of Homeland Security, O.JP, 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. ENTII2E AGREEMENT
This 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 pzior oral and written statements oz 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 signature which shall be that of Mr Gerald A Rudisill, Jr.,
Deputy Secretazy, NC Depaziment of Crime Control and Public Safety
Page 6 of 11
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CONTRACTING AGENCY:
DIVISION OF EMERGENCY MANAGEMENI
DEPARTMENT OF C727ME CONTROL AND PUBLIC SAFETY
H. DOUG AS HOELL, JR. ,DIRECTOR ~~
DIVISION OF EMERGENCY MANAGEMENI
DALE: ~~-~~c
BY: //~ii+ay~~/~
JO .LINK,
COUNTY MANAGER, ORANGE COUNTY
DALE: _ .%/ ~ f '~
APPROVED AS TO OCED~URES: ~
BY:
SEN[lYH. AIKEN, CONTROLLER
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFEIX
DATE: y~~/ICY
VIN WATERS, CCPS GENERAL COUNSEL
REVIEWED FOR THE DEPARTMENT' OF CRIME CONTROL AND PUBLIC SAFEIY
BX 1NAIIVIN WATERS, CCPS GENERA7., COUNSEL, TO FULFII,L THE PURPOSES
OF THE US DEPARTMENT Or HOMELAND SECURITY STATE SECURITY GRANT
PROGRAM
DA IE: ~ ~~4/0.5
BY: !~ `
BALD A. RUDISILL, JR, DEPUTY SEC T Y
NORIII CAR, tO~ L~INA/J~?EPART MENT OF CRIM CONTROL & PUBLIC SAFETY
DAIS: Y(/~ / p~p
PREVIOUSLY APPROVED AS IO FORM FOR T'HE US DEPARTMENI OF HOMELAND SECURITY, SIAIE
HOMELAND SECURITY GRANTS, BY 7HE NORTH CAROLINA DEPARIMENT OF JUSTICE..
Page 7 of 11
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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 11
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UNITED STATES DEPARTMENT OF HOMELAND SECURITY ''r\
Informafinn Analysis and Infrnstructw'e Protectimt
Pratect{ve Security Div(siml-ProtecOve M1feasures Section yf
Boger Zone Prarecrlon Plan Program 4~n>v~'
VULNERABILITY REDUCTION PURCHASING PLAN
VRPP NO. DATE 10/24!05
SZPP SITE ADDRESS
ADDITIONAL ADDRIONAL
DZPP SIfE(S) ADRESS(ES)
RESPONSIOLE Orange County Emergency Management ADDRESS Mall; P.O. Box 8181 Hillsborough, NC 27278
JURISDICTION Ship:7914 New Hope Church Road Chapel
ORGANZATION Hill NC 27574
(RJO)
RJO POC NAME EdcGnifin pHONE 979.968-2050
E•MAII __
egriffn(9lco ora~enc us CELL 979.730-3474 J
EQUIPMENT AND RELATED HEMS
REM
NO. AEL NO. DESCRIPTION UNIT COST QTY. TOTAL COST
70 14.1.1.6 Surveliiance, Video Assessment 547,000.00 1 547,000.00
70 27.2 Shi I 5500.00 1 5500.00
70 27.4 _
Insteilafion 52,500.00 i 52500.00
50.00
VRPP GRANT TOTAL 550,000.00
VRPP LOAN NO. EQUIPMENT RECEIVED/EN ROUTE 50.00
GRAND TOTAL NoT TO EXCEED SSO,000) Ssa,Dp9.o9
AGENCY/ORGANIZATION NAME Oran eCoun Erne enc Mann ement
RJO NAME/TIfLE Jack Ba1V Emergency Management Director
REQUEST PHONE NUMBER & E-MAIL ADDRE°S 919.968-2050/jball(a~co orarXte.nc us
-
DATE 10/29/05
J
'. AGENCY/ORGANIZATION NAME
'. SHSA NAME?TTLE
!. CONCURRENCE PHONE NUMBER&E-MAIL ADDRESS
DATE
- AGENCY/ORGANIZATION NAME
': SAA NAME7TITLE
CONCURRENCE PHONE NUMBER&E-MAIL ADDRESS
DATE
NAMERITLE _~
ODP pHONE NUMBER 8 E-MAIL ADDRESS
~~~, DATE _.
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NAMERITLE ~ __
IAIPIPSD pNONE NUMBER 8 E-MAIL ADDRESS
APPROVAL
DATE
NAME/TITLE
ODP PHONE NUMBER 8 E-MAIL ADDRESS
APPROVAL DATE
SENSITIVE HOMELAND SECURITY INFORMATION
vaaa SUnMemnm~i Portn Cmnpa County{1nC 70~2n-as wb --FOR OFFICIAL USE ONLY--
artrzcos tAW ENFORCEMENT SENSITIVE Page 1 oI 1
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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
ao
Instructions for Submitting Reimbursement Requests
When submitting your reimbrrsement requests, please use the checklist below as a guideline
on what information should be included with your request package
• Send in your request for reimbursement on State Agency Letterhead
• Address to: NC Bmergency Management.
Attn: T 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 your tax ID#
• Attach the deliverables as listed in the approved MOA.
• I need only one hazd copy of the listed deliverables.
• Make a summazy page for requested reimbursements.
• Apply for reimbursement only when purchase is comnlete..
• Include one copy of all invoices or bills (copy (s) need to stay with applicant for' audit
purnosesZ
• In-house labor will NOT BE ACCEPTED.
• Requested reimbursement shall not be more than the approved amount
Page 11 of 11
ai
US Department of Homeland Security
FY 2003 ODP Homeland Security Grant Program
Critical Infrastructure Protection
Between
Orange County
And
The University of North Carolina at Chapel Hill
Attachment C -Reimbursement Procedures
After the completion of all allowable purchases through this sub-grant agreement,
the UNIVERSITY will follow the steps outlined below to ensure timely reimbursement
of expenses:
1. Submit two copies of the Cost Report Form (Attachment D) along with two
copies of the eligible equipment purchase invoices to show total expenses (not
including tax);
2, The Orange County Depaztment of Emergency Management will submit their cost
report form along with the attached invoices and paperwork to the North Carolina
Division of Emergency Management;
3. Once the COUNTY receives the reimbursement check from the State, a Check
will be printed to the UNNERSITY for the amount requested, not to exceed
$45,000 for all UNIVERSITY incurred expenses.
4. If question arise about speciFic purchases, the Orange County Department of
Emergency Management will work with North Carolina Division of Emergency
Management and the UNNERSITY to come to an agreement for
reimbursements. If anon-allowable item was purchased through the
UNNERSITY, the item may not be reimbursed by the STATE or COUNTY.
Please follow all grant guidance found in Annex B and refer questions to the Point
of Contact with Orange County Emergency Management before purchasing any
questionable items.
US Department of Homeland Security
FY 2003 ODP Homeland Security Grant Program
Critical Infrastructure Protection
Between
Orange County
And
The University of North Carolina at Chapel Hill
Attachment D -County Cost Report
Budgeted Amount:
Reimbursement requested by
IJNTVERSITY:
Number of Attached Invoices:
Items Purchased:
$ 45,000.00
Certification
I certify that the above are correct, based on sub-grantees official accounting system and records,
consistently applied and maintained, and that expenditues shown above have been made for the purpose of
and in accordance with, applicable grant terms and conditions, and that appropriate documentation to
support these costs and expenditures is available or attached.
UNNERSITY Authorized Signature Date
COUNTY EM Authorized Signature Date
as
COUNTY Finance Authorized Signature Date