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HomeMy WebLinkAboutAgenda - 08-22-2006-5tORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 2006 Action Agenda Item No. - ~~- SUBJECT: Grant Agreements - 2005 Buffer Zone Protection Program (BZPP) Grant Funds DEPARTMENT: Emergency Management PUBLIC NEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Memorandum of Agreement between Jack Ball, Emergency Management County and State of North Carolina Director, 919-968-2050 Memorandum of Agreement between County and University of North Carolina at Chapel Hill PURPOSE: To accept grant funding, approve a memorandum of agreement between the County and State, and approve a subgrant agreement between the County and University for a State pass-through grant award of federal Homeland Security funds in the amount of $48,500 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 DH5 risk assessment to provide funds to jurisdictions with critical facilities or key resources. Orange County has one critical facility, thus, is eligible for funding, Due to the nature of the grant funding stream at the federal level, the supplemental funding was approved first by DHS, and accepted by the Board on February 21, 2006. The Board accepted a subsequent subgrantee agreement between the County and University on June 27, 2006, 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 far 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,. In July 2006, the County was notified that its spending plan had been approved. The Department of Homeland Security considers this spending plan, the Vulnerability Reduction Purchasing Plan, law enforcement sensitive.. The spending plan identified explosive mitigation equipment, vehicle barriers, communication equipment, chemical and biological detection equipment as being priorities for the sensitive site. To mare 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 staff, Budget staff, and the County Attorney were included in this coordination process. 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 staff will provide incidental grant compliance monitoring for the purpose of this subgrant agreement, 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 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. 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 additional County costs are expected, RECOMMENDATION(S): The Manager recommends that the Board: 1. Approve the Memorandum of Agreement and attachments between the County and State of North Carolina, subject to final review by staff and the County Attorney 2. Approve the Memorandum of Agreement and attachments between the County and University of North Carolina at Chapel Hill, subject to final review by staff and the County Attorney 3, Designate the Emergency Management Specialist as primary grant monitor, and the Emergency Management Director as a Secondary contact 4. Authorize the Manager, Finance Director, and County Attorney to sign the agreement 5, Authorize the Emergency Management Director to sign the reimbursement request forms associated with the provisions of the grant. 3 MOA#: 5068 Tax ID #:566000327 Fund Code: 2B02039 Amount: $48,500 CFDA#: 97.078 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT AND THE COUNTY OF ORANGE BUFFER ZONE PROTECTION PROGRAM GRANT NUMBER: 2005-GR-TS-0021 I. SUBJECT To ensure adequate preparedness for a response to an act of ten•orism within the State of North Carolina, funding has been allocated to for the procurement of equipment as agreed upon in the Department of Homeland Security Buffer Zone Protection Program (BZPP) and Vulnerability Reduction Purchasing Plan. II. PURPOSE The Department of Crime Control and Public Safety, Division of Emergency Management (Division of EM) and the County of Orange will enter into an agreement to provide funding for equipment to protect and secure areas surrounding critical infrastructure and key resource site(s). The BZPP provides funding to develop effective protective rneasures that will make it more difficult for terrorists to conduct surveillance or launch attacks within the immediate vicinity of high priority critical infrastructure targets. III. PARTIES The parties to this Memorandum of Agreement (MOA) are: North Carolina Department of Crime Control & Public Safety, Division of Emergency Management, henceforth referred to in this document will be refereed to as the Grantee and the County of Orange, henceforth referred to in this document will be referred to as Sub-grazitee. `-~t IV. BACKGROUND The LI, S. Department of Homeland Security and the Office of Domestic Preparedness has made funds available through the FY 2005 Buffer Zone Protection Program Grants,. The Grantee and the Sub-grantee enter into an arrangement by which the Division of EM will provide Federal reimbursement funding to the Sub-grantee for the purchase of equipment as agreed upon in Annex A. V. AUTHORITY The parties 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 Appropriations Act, 1999 (Div.. A, Sec101 (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 Law 107-56, the U..S. Patriot Act of 2001; 4) Public Law 107-296, the Homeland Security Act of 2002; S) Public Law 108-11, the Wartime Supplemental Appropriations Act of 2003; 6) FY 2003 Omnibus Appropriations Act; 7) the implementing regulations of each Actor Law; 8) The U.S. Department of Homeland Security Office of State and Local Government Coordination and Preparedness, Office of Domestic Preparedness Fiscal Year 2005 State Homeland Security Grant Program Guidelines and Application Kit available at httP:/hvww.ojp.usdoi.aov/cuidelinesinfo.hnn ; 9) DHS FY 2005-GR-TS-0021 BZPP; 10) applicable ODP Information Bulletins; and 11) The N.C. Emergency Management Act, Chapter 166A of the North Carolina General Staurtes. 12) The SUB-GRANTEE further agrees to comply with current federal suspension and debarment regulations pursuant to OMB Circular A-133 which states in pertinent part that [e]ffective November 26, 2003, when anon-federal entity enters into a covered transaction with an entity at a lower tier, the non-federal entity must verify that the entity is not suspended or debarred or otherwise excluded. SUB-GRANTEE shall be responsible to ensure that it has checked the federal Excluded Parties List System (EPLS) to verity that contractors or subrecipients have not been suspended or debarred fom doing business with the federal government.. VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT The Grantee agrees to provide reimbursement to the Sub-grantee for the cost of equipment as described in Annex A. VII. DUTIES AND RESPONSIBILITIES OF THE SUB-GRANTEE Sub-grantee agrees to: A. Procure equipment as indicated in Annex A under the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits incorporated by reference herein, of this MOA for the enhancement of the BZPP. Page 2 of 10 5 B. Sub-grantee will utilize its departmental procurement procedures and policies from the purchase of equipment and lollow procurement procedures and policies outlined in the applicable federal regulations, and as ouflined in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits and the USDOJ Office oi' Justice Programs Financial Guide.. C. Procure the equipment as indicated in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits incorporated by reference herein.. Sub-grantee shall order, receive, inspect, and stage the items at its own 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-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 grants coordinator requesting reimbursement. The Grantee will reimburse Sub-grantee for eligible costs as outlined in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits.. E. Complete the procurement (s) process not later than MARCH 31, 2007 F. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as ouflined in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits and as outlined in the Standard Assurances, incorporated by reference herein.. G. 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 USDHS, SLGCP, ODP Program Guidelines and Application Kits and the USDOJ Office of .Tustice Programs Financial Guide, with the following exception If any litigation, claim or audiC is started before the expiration of the three 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. H. The SUB-GRANTEE further agrees to comply with current federal suspension and debarment regulations pursuant to OMB Circular A-1.33 which states in pertinent part that [e]ffective November 26, 200.3, when anon-federal entity enters into a covered transaction with an entity at a lower tier, the non-federal entity must verify that the entity is not suspended or debarred or otherwise excluded. SUB-GRANTEE shall be responsible to ensure that it has checked the federal Excluded Parties List System (EPLS) to verify that contractors or subrecipients have not been suspended or debarred from doing business with the federal government.. VIII. FL7NDING AND COMPENSATION The Grantee will reimburse Sub-grantee for the actual eligible costs incurred, f'or the subject of this grant, not to exceed $48,500. Funds will be provided by the Grantee. The allocation of funds will be Eton the USDHS, SLGCP, GDP BZPP FY 2005 Homeland Security Grant Program.. Page 3 of 10 All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds fiom USDHS, SLGCP, ODP and the Grantee 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 USDHS, SLGCP, ODP Program Guidelines and Application Kits available at ht~/(www.ojp.usdoj~ovlguidelinesinli~.htm ,OMB Circulars A-21, A-87, A-122, A-128 and A- 133, the U.S. DO.J Office of Justice Programs Financial Guide available at t<<.~~~ c __t, _n€1 f ,~~~..._°.~. t~11.C E.;r<<'1, and the approval of the State Administrative Agent FOR THE STATE OF NORTH CAROLINA, the Secretary of Crime Contro] and Public Safety. The applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits, include but may not be limited to, the following: Fiscal Year 2005 BZPP Grant Program Guidelines.. IX, MODIFICATION OF THE AGREEMENT Modifications of this agreement must be in writing and upon approval oi` both parties except as modified by olTicial USDHS, SLGCP, ODP Federal Grant Adjustment Notice (GAN). X. PROPERTY All property furnished under this agreement shall become flee property of the Sub-grantee. The Sub- grantee shall be responsible for the custody and care of any property furnished for use in connection with the performance of this agreement. The Grantee will not beheld responsible for any equipment purchased by Sub-grantee. XI. COMMUNICATIONS To provide consistent and effective communication between the Sub-grantee and the Grantee, each party 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 Mr. H. Douglas Hoell, Ir., Director; David Skordinski, Homeland Security Senior Grant Manager and Patty Moyer, BZPP Grant Manager. 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 which is to be treated as confidential must be clearly marked 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 fiom the other party. Specifically excluded icom such confidential treatment shall be information which: (i) as of the date of disclosure and/or delivery, 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 party 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 Page 4 of 10 XII. SUBCONTRACTING AND SUBGRANTING If the Sub-grantee subcontracts or subgrants any or all purchases required under this Agreement, Sub-grantee agrees to include in the subcontract or subgrant that the subcontractor/subgrantee is bound by the terms and conditions of this MOA. Sub-grantee agrees to include in the subcontraci/subgrant that the subcontractor/subgrantee shall hold the Grantee harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Sub-grantee subcontracts/subgrants, a copy of the executed subcontracdsubgrant agreement must be forwarded to the Grantee and approval granted prior to the execution of said subcontractJsubgrant. Contractual arrangement 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 Preparedness Program Guidelines and Application Kits referenced herein. XIII. COMPLIANCE WITH THE LAW Sub-grantee shall be wholly responsible for the purchases Co 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 are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of federal requirements and ,State, and local agencies having appropriate jurisdiction and found in applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits,. XIV, WARRANTY Sub-grantee shall hold the Grantee harmless for any liability and personal igjury that may occur fiom 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. XVI. TERMINATION The termination date is March 31, 2007. This MOA may be terminated upon submission of a .30- day advance written notice of termination. Upon approval by USDHS, SLGCP, 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 USDHS, SLGCP, ODP Grant Adjustment Notice. If DHS suspends or terminates funding in accordance with 28 C.F,R. §66.43 and the applicable U.S. Department of Homeland Security, SLGCP, ODP Program Guidelines and Application Kits, Page 5 of 10 attarhed and incorporated by reference herein, Sub-grantee shall reimburse the Grantee for said property. XVII. ENTIRE AGREEMENT This Agreement and any exhibits and amendments annexed hereto and any documents incorporated specifically by reference represents the entire agreement between the parties 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 signature which shall be that of Mr. Gerald A Rudisill, Jr., Deputy Secretary, NC Department of Crime Control and Public Safety. Page 6 of 10 1 CONTRACTING AGENCY: DIVISION OP EMERGENCY MANAGEML'NI' DEPARTMENT OP CRIME CONTROL AND PUBLIC SAPEIY BY: DATE: BY: DATE: H. DOUGLAS HOELL, ,TR. , DH2ECTOR DIVISION OIL EMERGENCY MANAGL'MENT .IOHN M. LINK, .112 COUNTY MANAGER ORANGE COUNTY APPROVED AS TO PROCEDURES: BY: DATE: BY: BENiVIE AII{EN, CONTROLLER DEPARTMENT OI+ CRIME CONTROL AND PUBLIC SAFETY /I,i'EVIEWED FOR THE DEPARTNIENT~YI' CRIME CONTROL AND PUBLIC SAFL'TY BY: Y MARVIN WATERS, CCPS GENIsI2AL COUNSEL, TO PULCILL THE PURPOSES OP TAE US DEPARTMENT OC HOMELAND SECURITY STATL' SLCURITY GRANT PROGRAMAA '' // llATE: ~/~d~ DATE: Gl'sRALD A. RUDISILL, .1R., DEPUTY SECREI'AI2Y NORTH CAROLINA DEI'ARTMI'sNT Or CRIME CONTROL & PUBLIC SAPEIY PREVIOUSLY APPROVED AS TO FORM POR THE US DEPARTMENT OP HOMELAND SECURITY,STATE HOMELAND SECURITY GRANTS, BY THE NORTH CAROLINA DEPARTMENT OP.iUSTICE, Page 7 of 10 /0 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 70 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 9 of 10 is 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 reimbursement on State Agency Letterhead- • Address to: NC Emergency Management. Attn: Patty Moyer 1830B Tillery Place Raleigh, NC 27004 • Include the amount requested. • Identity 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 hard copy of the listed deliverables. • Make a summary page for requested reimbursements. • Apply for reimbursement only when purchase is complete.. • Include one copy of all invoices or bills (copy (s) need to stay with applicant for audit ur oses . • In-house labor will NOT BE ACCEPTED. • Requested reimbursement shall not be more than the approved amount. Page 10 of 10 ~3 US Depa>•tment of Homeland Security FY 2005 Buffer Zone Protection 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, Norih Carolina, hereinafter referred fo as the "COUNTY," and the University of Norih Carolina at Chapel Hill, North Carolina, hereinafter referred to as the "UNIVERSITY". WITNESSE.TH: 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 2005 Buffer Zone Protection Program; WHEREAS, in response to such request, the Orange County Board of County Commissioners has dedicated the sum of $48,500 (the "REIMBURSEMENT AMOUNT") in remaining funding from the 2005 Buffer Zone Protection Program Grant to reimburse the UNIVERSITY for CI EQUIPMENT purchases, with said sum being derived from federal grant funding; WHL^.REAS, with the expenditure of the funding to purchase CI EQUIPMENT, that CI EQUIPMENT purchased will become the property of the UNIVERSITY; 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: 1. The UNIVERSITY agrees to purchase the CI EQUIPMENT as listed in the Vulnerability Reduction Purchasing Plan under separate cover and considered law enforcement sensitive information.. 2. In consideration for the performance by the UNIVERSITY of the services outlined above, the COUNTY agrees to reimburse the UNIVL^RSITY for the CI EQUIPMENT purchase in a lump sum amount equaling the REIMBURSEMENT AMOUNT (as documented in the reimbursement procedures Attachment C) of COUNTY fwrds 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 North Carolina. 3. In consideration for 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 /`f to the UNIVERSITY'S selection, ownership and use of the CI EQUIPMENT procured by the UNIVERSITY. It is understood that the Vulnerability Reduction Purchasing Plan contained as part of Annex A of the Agreement listed in Attachment B is considered law enforcement sensitive and is not for public dissemination. 4 All grant expenditures must be spent, invoiced, and submitted to the Orange County Department Of Emergency Management by March 31, 2007. ]fat 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.. Reimbursemem 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 Curther 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 Cor 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 properly would be of use to other public safety agencies within Orange County upon request by appropriate authorities throug}r the Incident Command System or through a direct request through the COUNTY Department of Emergency Management. 8 All funds paid by the COUNTY to the UNIVERSITY pursuant to this Subgrant Agreement shall be administered in accordance with this Subgrant Agreement, including its Attachments, and all State and federal laws and requirements. The UNIVERSITY agrees to hold the COUNTY harmless against all claims of whatsoever nature arising out of the UNIVERSITY'S performance under this Subgrant Agreement, including, but not limited to, claims (including but not limited to grant reimbursement claims brought against the COUNTY by the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management and brought by the United States Department of Homeland Security) arising from the UNIVERSITY'S failure to perform its obligations under this Subgrant Agreement and/or the UNIVERSITY'S violation of any of the provisions of this Subgrant Agreement.. As an additional remedy and not in lieu of the foregoing, the COUNTY has the right to terminate this Subgrant Agreement in the event the UNIVERSITY fails to perform any of its obligations under this Subgrant Agreement or otherwise violates any of the provisions of this Subgrant Agreement after first having given the UNIVERSITY at least thirty (.30) days written notice of its intent to do so, 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 the UNIVERSITY. 11. The UNIVERSITY shall submit to the 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 E-QUIPMENT as listed in Attachment A, being available to the ORANGE COUNTY Finance Department by December 31 of each fiscal year, 13. The COUNTY shall be entitled to conduct program evaluations of the UNIVERSITY'S activities as it relates to the accomplishments ofestablished goals and objectives of this Critical Infrastructure Protection Program and the quality and impact of services being delivered. /5 14, All books and records in regards to this project shall be maintained by the UNIVERSITY for a period of at least three years tiom the date of the CI EQUIPMENT purchase under this Agreement and shall be made available for auditor evaluation upon request during regular business hours of the UNIVERSITY. I5 Official meetings of the UNIVERSITY will comply with the open meetings law, 16. The LINIVE•.RSITY has adopted aDrug-Free Workplace Policy in accordance with the Drug-Free Workplace Act of 1988 (4I U.S.C. 701). (Seehttp://wwwuneedu/campus/policies/illegal_drugs.html) 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 COl1NTY 19. This Agreement may only be amended by written amendments mutually agreed upon by and between the COUNTY and the LJNIVERSiTY. Z0. Couny shall not use the name of the UNIVERSITY for advertising or promotional purposes without the written permission of the UNIVERSITY. IN WITNESS WHEREOF, 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^COLINTY LINIVL^RSITY OF NORTH CAROLINA AT CHAPEL HILL County Manager Witness: Approved as to Form and Legality: County Attorney This inshument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Director Nancy D. Suttenfield Vice Chancellor for Finance and Administration l~ US Department of Homeland Security FY 2005 Buffer Zone Protection Program Critical Infrastructure Protection Grant Between Orange County And The i7niversity of North Carolina at Chapel Hill Attachment A -Vulnerability Site Purchase Plan (Under Separate Cover) i7 iJS Department of Homeland Security FY 2005 Buffer Zone Protection 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, IS MOA#: 5068 Tax ID #:566000327 Fund Code: 2B02039 Amount: $48,500 CFDA#: 97.078 MEMORANDUM OF AGREEMENT BETWEEN TIIE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT AND T$E COUNTY OF ORANGE BUFFER ZONE PROTECTION PROGRAM GRANT NUMBER: 2005-GR-TS-0021 I. SUBJECT To ensure adequate prepaz~edness for a response to azi act of terrorism within the State of North Carolina, funding has been allocated to for the procurement of equipment as agreed upon in the Deparhnent of Homeland Security Buffer Zone Protection Prograzn (BZPP) azxd Vulnerability Reduction Purchasing Plan. II. PURPOSE The Deparhnent of Crime Control and Public Safety, Division of Emergency Management (Division of EM) and the County of Orange will enter into an agreement to provide funding for equipment to protect and secure areas suxromiding critical infrastruchue and key resource site(s). The BZPP provides funding to develop effective protective measures that will make it more difficult for terrorists to conduct surveillance or launch attacks within the immediate vicinity of high priority critical infrastructure targets. III. PARTIES The parties to this Memorandum of Agreement (MOA) are: North Carolina Departmnent of Crune Control & Public Safety, Division of Emergency Management, henceforth refexrred to in this document will be refesed to as the Grantee and the County of Orange, henceforth referred to in this document will be referred to as Sub-grantee. /9 IV, BACI{GROiJND The U.S. Department of Homeland Security and the Office of Domestic Preparedness has made funds available through the FY 2005 Buffer Zone Protection Program Grants. The Grantee and the Sub-grantee enter into an arrangement by which the Division of EM will provide Federal reimbursement funding to the Sub-grantee for the purchase of equipment as agreed upon in Annex A. V. AUTHORITY The parties enter into this MOA under the authority of the following: 1) Public Law 10.5-277, the Departments of Commerce, .Justice, and State, the Tudiciary, 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, Ser,. 101(B), Tii3e 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; S) Public Law 108-11, the Wartime Supplemental Appropriations Act of 2003; C>) FY 2003 Omnibus Appropriations Act; 7) the implementing regulations of each Act or L,aw; 8) The LJ. S. Department of Homeland Security Office of State and Local Government Coordination and Preparedness, Office of Domestic Preparedness Fiscal Year 2005 State Homeland Security Grant Program Guidelines and Application Kit available at htt~J/www.qjp.usdoj.aov/euidelinesinfo.hnn ; 9) DHS FY 2005-GR-TS-0021 BZPP; 10) applicable ODP Information Bulletins; and 11) The N,C. Emergency Management Act, Chapter 166A of the Norfli Carolina General Statutes. 12) The SUB-GRANTEE furdrer agrees to comply with current federal suspension and debarment regulations pursuant to OMB Circular A-1.3.3 which states in pertinent part that [e]ffective November 26, 2003, when anon-federal entity enters into a covered transaction with an entity at a lower tier, the non-federal entity nmst verify that the entity is not suspended or debarred or otherwise excluded. SUB-GRANTEE shall be responsible to ensure that it has checked the federal Excluded Parties List System (EPLS) to verify that contractors or subrecipients have not been suspended or debarred from doing business with the federal government. VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT The Grantee agrees to provide reimbursement to the Sub-grantee for the cost of equipment as described in Annex A.. VII. DUTIES AND RESPONSIBILITIES OF THE SUB-GRANTEE Sub-grantee agrees to: A. Procure equipment as indicated in Annex A under the applicable LISDHS, SLGCP, ODP Program Guidelines and Application Kits incorporated by reference herein, of this MOA for the enhancement of the BZPP,. Page 2 of 10 ao B. Sub-grantee will utilize its departmental procurement procedures and policies fiom the purchase of equipment and follow procurement procedures and policies outlined in the applicable federal regulations, and as outlined in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits and the USDOI Office of .Justice Programs Financial Guide. C. Procure the equipment as indicated in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits incorporated by reference herein. Sub-grantee shall order, receive, inspect, and stage the items at its own 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-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 grants coordinator requesting reimbursement. The Grantee will reimburse Sub-grantee for eligible costs as outlined in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits. E, Complete the procurement (s) process not later than MARCH 31, 2007 F. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits and as outlined in the Standard Assurances,incorporated by reference herein. G. All original records pertinent to this MOA shall be retained by Sub-grantee three years from Che date of the final Financial Status Report as outlined in the applicable USDHS, SLGCP, 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 started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until a111itigation, claims or audit findings involving the records have been resolved. H. The SUB-GRANTEE further agrees to comply with current federal suspension and debarment regulations pursuant to OMB Circular A-1.33 which states in pertinent part that (e)ffective November 26> 200.3, when anon-federal entity enters into a covered transaction with an entity at a lower tier; the non-federal entity must verify that the entity is not suspended or debarred or otherwise excluded. SUB-GRANTEE shall be responsible to ensure that it has checked the federal Excluded Parties List System (EPLS) to verify that contractors or subrecipients have not been suspended or debarred from doing business with the federal government. VIII. FUNDING AND COMPENSATION The Grantee will reimburse Sub-grantee for the actual eligible costs incurred, for the subject of this grant, not to exceed $48,500, Funds will be provided by the Grantee. The allocation of funds will be fiom the USDHS, SLGCP, ODP BZPP FY 2005 Homeland Security Grant Program. Page 3 of 10 a~ All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds fiom USDHS, SLGCP, ODP and the Grantee 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 USDHS, SLGCP, ODP Program Guidelines and Application Kits available at httn:/(www.ojp.usdoj.govluuidelinesinib.htm ,OMB Circulars A-21, A-87, A-122, A-128 and A- 1.3.3, the U.S, DO.J Office of Justice Programs Financial Guide available at ltEap ~r,„_'v ~,~LJ,c?1(la;~ih;~ ;,Fi~,1-JFC E:.3;tLi'.( and the approval of the State Administrative Agent FOR THE STATE OF NORTH CAROLINA, the Secretary of Crime Control and Public Safety. The applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits, include but may not be limited to, the following: Fiscal Year 2005 BZPP Grant Program Guidelines. IX. MODIFICATION OF THE AGREEMENT Modifications of this agreement must be in writing and upon approval of both parties except as modified by official USDHS, SLGCP, ODP Federal Grant Adjustment Notice (GAN), X. PROPERTY All property furnished under this agreement shall become the property of the Sub-grantee,. The Sub- grantee shall be responsible for the custody and care of any property furnished for use in connection with the performance of this agreement. The Grantee will not be held responsible for any equipment purchased by Sub-grantee.. XI. COMMUNICATIONS To provide consistent and effective communication between the Sub-grantee and the Grantee, each party 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 Mr. H. Douglas Hoell, Tr., Director; David Skordinski, Homeland Security Senior Grant Manager and Patty Moyer, BZPP Grant Manager,. 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 flee terms of this Agreement,. Any information which is to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to Hurd parties, the other party's confidential infornation without written authorization to do so from the other party. Specifically excluded from such confidential treatment shall be information which: (i) as of the date of disclosure and/or delivery, is already known to the party receiving such infbnnation; (ii) is or becomes part of the public domain, tluough no fault of the receiving party; (iii) is lawfully disclosed to the receiving party 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. Page 4 of 10 as XII. SUBCONTRACTING AND SUBGRANTING 11 the Snb-grantee subcontracts or subgrants any or all purchases required under this Agreement, Sub-grantee agrees to include in the subcontract or subgrant that the subcontractor/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 arising out of the subcontractor's performance of work under this MOA. If Sub-grantee subconuactslsubgrants, acopy of the executed subcontracUsubgrant agreement must be forwarded to the Grantee and approval granted prior to the execution of said subwntract/subgrant, Contractual arrangement 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 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 fbr 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 are applicable to the condurt of its business and purchase requirements performed under this MOA, including those of federal requirements and ,State, and local agencies having appropriate ,jurisdiction and found in applicable LISDHS, SLGCP, ODP Program Guidelines and Application Kits. XIV. WARRANTY Sub-grantee shall hold the Grantee 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 TorC Claims Act.. XV. ANTITRUST LAWS This Agreement is entered into in compliance with all State and Federal antitrust laws. XVI. TERMINATION The termination date is March 31, 2007. This MOA may be terminated upon submission of a 30- day advance written notice of termination. Upon approval by USDHS, SLGCP, 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 USDHS, SLGCP, ODP Grant Adjustment Notice. If DHS suspends or terminates funding in accordance with 28 C.F.R. §66.43 and the applicable U.S. Department of Homeland Security, SLGCP, ODP Program Guidelines and Application Kits, Page 5 of 10 ~~ attached and incorporated by reference herein, Sub-grantee shall reimburse the Grantee for said property.. XVII, ENTIRE AGREEMENT This Agreement and any exhibits and amendments annexed hereto and any documents incorporated specifically by reference represents the entire agreement between the parties 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 signature which shall be that of Mr.. Gerald A Rudisill, .Ir., Deputy Secretary, NC Department of Crime Control and Public Safety. Page 6 of 10 ~~ CONTRACTING AGENCY: DIVISION Or L'NIERGENCY MANAGEMENT DEPARTTvHsNT OP CRIME CONTROL AND PUBLIC SAPBTY BY: H.. DOUGLAS HOELL, JR. ,DIRECTOR DIVISION OR EMERGENCY NIANAGEIviENT DAIS: BY: .JOHN M, LINK, .JR COUNTY MANAGER ORANGE COUNTY DATE: APPROVED AS TO PROCEDU1tES: BY: BENNIE AIIfEN, CONTROLLER DEPARTMENT Or CRDVIE CONTROL AND PUBLIC SAFETY DATE: BY: FRS, CCPS'GENERAL C SEL VIEWED FOR THE DEPARTMENT ~ CRIME CONTROL AND PUBLIC SAFETY Y MARVIN WATERS, CCPS GENERAL COUNSEL, TO FULFILL THL' PURPOSRS OF THE US DEPARTMENT OF HOMELAND SECURITY STATE SECURITY GRANT PROGRAM,, ' / DATE: ~~ /G~i/ D~ ~'~-, BY: GERALD A. RUDLSILL, .JR., DEPUTY SECRETARY NORTH CAROLINA DEPARTMENT OR CRTIVVIE CONTROL & PUBLIC SAFETY DATE: PREVIOUSLY APPROVED AS TO FORM FOR THE US DEPARTMENT OP HOMELAND SLCURITY, STATR HOMELAND SECURITY GRANTS, BY TIIE NORTH CAROLINA DEPARTMENT OF,TUSTICE, Page 7 of 10 ~~ AiiINEX A Equipment Purchase Description To the Memorandum of Agreement Between the Department of Grime Control and Public Safety, Division of Emergency Management And The County of Orange Page 8 of 10 ~C ANNEX B US Department of Flomeland Security Guidelines To the Memorandum of Agreement Between Department of Crime Control and Public Safety, Division of Emergency Management And The Gounty of Orange Page 9 of 10 a~ 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 reimbursement on State Agency Letterhead. • Address to: NC Emergency Management,. Attn: Patty Moyer 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 hard copy of the listed deliverables, • Make a summary page for requested reimbursements.. • Apply for reimbursement ouly when purchase is complete. • Include one copy of all invoices or bills (copy (s) need to stay with applicant for audit ur oses . • In-house labor will NOT BE ACCEPTED.. • Requested reimbursement shall not be more than the approved amount, Page 10 of 10 a~ US Department of Homeland Security FY 2005 Buffer Zone Protection 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 tlu°ough 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 (Attaclunent D) along with two copies of the eligible equipment purchase invoices to show total expenses (not including tax); 2. The Orange County Department of Emergency Management will submit their cost report form along with the attached invoices and paperwork to the North Carolina Division of Emergency Management; Once the COUNTY receives the reimbursement check from the State, a Check will be printed to the UNIVERSITY for the amount requested, not to exceed $48,500 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 UNIVERSITY, the item may not be reimbursed by the STATE or COUNTY. Please follow all grant guidance found in Amrex B azid refer questions to the Point of Contact with Orange County Emergency Management before purchasing any questionable items, ~~ US Department of Homeland Security FY 2005 Buffer Zone Protection Program Critical Infrastructure Protection Between Orange County And The Uuivet•sity of North Carolina at Chapel Hill Attachment D -County Cost Report Budgeted Amount: $ 48.500.00 Reimbursement requested by i INVERSITY: Number ofAttached Invoices: Items Purchased: Certification I certify that the above are correct, based on sub-grantees official accounting system and records, consistently applied and maintained, and that expenditures shown above have been made for [he purpose of and in accordance with, applicable grant terms and conditions, and that appropriate documentation to support these costs and expendihues is available or attached. UNIVERSITY Authorized Signature Date COUNTY EM Authorized Signature Date COUNTY Finance Authorized Signature Date