HomeMy WebLinkAboutAgenda - 04-12-2005-5eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 12, 2005
Action Agenda
Item No. 5-E?„
SUBJECT: Memorandum of Agreement with North Carolina Department of Crime Control
and Public Safety for Locally Managed Law Enforcement Terrorism Prevention
Program (LETPP) Grant Funds
DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
12/20/04 Orange County Letter re:
Revisions to LETPP Grant
Memorandum of Agreement
INFORMATION CONTACT:
Jack Ball, ext 3030
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approve a memorandum of agreement that will govern a previously awarded
State pass-through grant award of federal Homeland Security funds in the amount of $54,000 to
reimburse Orange County for interoperable communications system planning.
BACKGROUND: The United States Department of Homeland Security (DHS) awarded the
State of North Carolina funding for homeland security equipment, planning, and training
activities through the FY2004 State Homeland Security Grant Program- Law Enforcement
Terrorism Prevention Program Section. Federal funding is allocated in accordance with a DHS
formula of 80% for local government use and 20% for state use,
In Spring 2004, Orange County Emergency Management submitted a competitive grant
application to the State of North Carolina for infrastnacture and interoperable communications
planning. In April 2004, the County was notified that it had been awarded a total of $1,868,000
for this purpose. The Town of Chapel Hill, which submitted a companion grant application, was
notified that it had been awarded $832,500. For the joint partnership project, funding totaled
$2,700,500, Of this amount, $.54,000 was provided to Orange County and $262,500 was
provided to Chapel Hill as locally managed funding, leaving $2,384,000 in funding for
infrastructure managed by the state.
As a condition of receiving the 2004 LETPP funding through the State, the remaining funding
must be administered by the North Carolina Division of Highway Patrol, which will build two
towers on the 800 MHz radio system. A separate Memorandum of Agreement for that portion
will be forthcoming from the State for future action by the Board of Commissioners. The
accompanying Memorandum of Agreement between the County and North Catalina Emergency
z
Management describes the conditions for the County's locally managed $54,000 LETPP grant
funding.
The Board of County Commissioners previously approved a series of studies during the past
several years of the current radio communications system throughout the County that serves
emergency services departments and responders. That study determined that an 800 MHz
trunked radio system would provide far the mast efficient use of resources to improve existing
emergency communications conditions. This $54,000 in grant funding will be utilized for an
additional propagation analysis to provide updated radio coverage analysis (including analysis
of radio signal penetration of buildings), develop a fleet mapping plan, and provide other
consultancy services in furtherance of the local and state partnership,
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, na additional County costs should be expected.
RECOMMENDATION(S): The Manager recommends that the Board approve the
Memorandum of Agreement, subject to final review by staff and the County Attorney, and
authorize the Manager to sign it,
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Re; IStP Reti ision to the FY 2004 State Homeland Sectrity I.aw
Enforc,.ment Terrorism P~evention?ragTam Q,ET}?Pj larants Far
lnteropcrable communications Equipment
Dearl)r Tatilor:
I As the duly anihorized rcprescuta[ives of Change 4;ounty and Iowa of
w.zroisu>inec,xarrrs i Chapel Hill, r3~e jointly request that tLe Narth Carol't[ia State I-tighway Patrol
a[s st,.s-'"` t purchase infrastructure equipment on otu behalf fur the nrojeets errti8ed Fhe
~t a caa so3c> ! Qranee Counir VIPETi S}stem, lot;'er at Carte 1rlountain, Change ~:iatmty,
f and the in&asiracture components of the'Iativn of (Thapel Hi1L' C)zzn~e Co
'- NOfQ "'"°"'~ "~"r I VIPER Svstem in the amount of 52,~34,0(It) From fhz total ~nant aR'ard,
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yi ~ rsz s to i ~ C3range Countp ~vi11 retain 554,0(%0 and the ?ovm of Chapel Hi11 wi11 retain
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The Slate of Natih Carolina ritay reran? the necessarti FY' 04 I.,E°f l:' st'ant
fuads, allocated for in5astrucDlr'°, tltai w~116e neet3ed to complete the
infiasUuciese portion of the VIPER system gT'art project in C7range Cour?ty in
Chapel Hill, ~tihich according is the grata award is a maximum of
5?.334,t1p0 ~Ve agree to enter into amcmorandurn of agreement io snecriy
the amount of funds to be re[aiaeci by the State of':\o:th Cazolina for making
these parcHases an our behalf
Thatt3c y'PU {Or }'OUT aSSlStanee Witt] this Ynatter
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/ Count} 'vlmtager, C)ran~e L our?ty
C.;al Horton
TorLr ~9anager. Sown of C'siapel hill
cc: lfajo? C la}, lmth C arolina State lligh~va} Parol
Lonnie Hill, NC;E~3 Ilotneland Security Branch
MOA Amount: X54,000
MOA #: 3025
Tax #: 56-6000327
N~1nd Code #:1510-003-T1
CDFA #: 97.004
Grant #: 232
I7S Department of Homeland Security
FY2004 State Homeland Security Grant Program
(SHSGP)
2004-GE-T4-0014
LETPP Grant Award
Memorandum of Agreement
between the
N.C. Department of Crime Control and Public Safety,
Division of Emergency Management
and
The County of Orange
(Return completed form to NCEM Grant Support Team Member}
FY2004 DHS SHSGP Memorandum of Ageement I of 6
5
I. PURPOSE
the pu[pose of this Memorandum of Agreement (MOA) is to establish responsibilities and
proceduzes to implement the tezms of the Depaztment of Homeland Security (DHS), Office of
Domestic Prepazedness (ODP}, FY2004 State Homeland Security Grant Program (SHSGP) A
copy of the complete federal giant instructions is provided as Annex C, attached and
incozporated by reference herein and is available at http://www.ojp usdoj gov/dots/fy04hsgp pdf
H. PARTIES
The pazties to this MOA are the North Carolina Department of Crime Control & Public Safety,
North Carolina Division of Emergency Management, and the County of Orange
III. BACKGROUND
The Depaztment of Homeland Security (DHS), through the OfEce of Domestic Preparedness
(ODP), in accordance with the authorities listed below, created the FY2004 State Homeland
Security Grant Program. This program was established to provide federal reimbursement to state
and local governments for the costs associated with purchasing equipment, conducting exercises,
training, and planning for chemical, biological, radiological, nucleaz, and explosive (CBRNE)
terrorism events
IV. AUTHORITY
The pa[ties enter into this MOA under the authority of the following: t) The Fiscal Yeaz 2004
Homeland Security Appropriations Act; 2) Public Law 108-11, the Waztime Supplemental,
Appropriations Act of 2003; 3) Public Law 107-56, the USA Patriot Act of 2001; 4) Public Law
107-296, the Homeland Security Act of 2002; 5) the implementing regulations of each Act oz
Law, if any; 6) the U S. Depaztment of Homeland Security, Office of Domestic Preparedness,
FY2004 State Homeland Security Grant Program Guidelines and Application Kit available at
http://www ojp.usdoj gov/dots/fy04hsgp.pdf; 7) applicable ODP Information Bulletins; and 8)
the N.C Emergency Management Act, Chapter 166A of the North Cazolma General Statutes
V. DUTIES & RESPONSIBILITIES OF THE DIVISION Or EMERGENCY
MANAGEMENT AND THE COi7NTY OF ORANGE
The Division of Emergency Management and the County of Orange agree to comply with the
duties and responsibilities assigned. by DHS as outlined in Annex A, Appendices A through I
(North Carolina Subgrant Instructions), Annex B and Anrrex C (US Depaztment of Homeland
Security, Office for Domestic Prepazedness Guidelines), attached and inco[porated by reference
herein
FY2004 DHS SHSGP Memorandum of Agreement 2 of 6
b
VI. FUNDING AND COMPENSATION
All terms and conditions of this MOA are dependent upon and subject to the allocation of funds
from DHS, ODP and the Depatment of Crime Control and Public Safety, Division of
Emergency Management for the purposes set forth and the MOA shall automatically terminate if
fimds cease to be available. Allowable costs shall be determined in accordance with the LJ.S,
Depaztment of Homeland Security, Office of Domestic Prepazedness, FY 2004 State Homeland
Security Crrant Program Guidelines and Application Kit (Annex C), 28 C F R Pazts 66, 67, 69
and 70, OMB Circulazs A-21, A-87, A-122 and A-133 and the U.S. DOJ Office of Tustice
Programs Financial Guide available at http://www ojp usdoj gov/FinGuide/
The Federal Department of Homeland Security will reimburse the State of North Cazolina for
expenses that were approved on Detailed Budget Worksheets as explained in the FY2004
SHSGP The State of North Caz'olina, Depaztment of Crime Control and Public Safety, Division
of Emergency Management will reimburse local governments fot eligible expenses that were
approved on the Detailed Budget Worksheets The NC Subgrant Instructions in Annex A,
attached and incorporated by reference herein, describe the Detailed Budget Worksheets and
how they are prepazed and approved.
the Department of Crime Control and Public Safety, Division of Emergency Management will
reimburse the County of Orange for the actual eligible costs incurred, not to exceed the amount
of $54,000, Fifty Four Thousand Dollaz's. Funds will be provided by the Department of Crime
Conh'ol and Public Safety Annex B also contains a form to decline all of the funds
VII. MODIFICATION OF THE AGREEMENT
Modification of this Agreement must be in writing and upon approval of both pazties except as
modified by official ODP Federal Grant Adjustment Notice (GAN)
VHI. PROPERTY
The County of Orange shall be responsible for the custody and care of any property furnished for
use in connection with the performance of this agreement and shall reimbm'se the Division of
Emergency Management for any loss or damage to said property until the property is transferred
to another agency The Depaztment of Crime Conu'ol and Public Safety, Division of Emergency
Management will not be held responsible for any equipment purchased by the Subgrantees
IX. COMIVIUNICATIONS
To provide consistent and effective communication between the County of Orange and Ure
Depaztment of Crime Control and Public Safety, Division of Emergency Management, each
paziy shall appoint a Principal Representative(s) to serve as its central point of contact
responsible for coordinating and implementing this MOA The Depaziment of Crime Control
and Public Safety, Division of Emergency Management contacts shall be Dr Kenneth B Taylor,
Director, and Mr. toe Fitzpatrick Homeland Security Branch Chief. The County of Orange
contacts shall be John M Link, h., County Manager, and the Designated Agent. the County
FY2004 DHS SHSGP Memorandum of Agreement 3 of 6
7
Managez will identify a Designated Agent who is authorized to sign and submit requited grant
documentation, and will identify a Point of Contact for routine gant coordination using the
attached Designated Agent and Point of Contact forms located in Annex B, attached and
incorporated by reference herein.
All confidential information of either pazty disclosed to the other patty in connection with the
services provided hereunder will be treated by the receiving pazty as confidential and restricted
in its use to only those uses contemplated by the terms of this MOA Any information to be
treated as confidential must be cleazIy mazked as confidential prior to transmittal to the other
pazty Neither pazty shall disclose to third pazties, the other pazty's confidential information
without written authorization to do so from the other pazty Specifically excluded from such
confidential treatment shall be information that: (i) as of the date of disclosrue and/or delivery,
is akeady known to the pazty receiving such information; (ii) is or becomes pazt of the public
domain, through no fault of the receiving pazty; (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 pazty by someone not privy to the confidential
information.. In accordance with Appendix A of the FY 2004 State Homeland Security Grant
Program Guidelines and Application Kit (Annex C), "ODP recognizes that much of the
information submitted in the course of applying for funding under this progam, or provided in
the course of its grant management activities, maybe considered law enforcement sensitive or
otherwise important to national security interests Ihis may include threat, risk, and needs
assessment information, and discussions of demogaphies, transportation, public works, and
industrial and public health infrastructures. While tlris information is subject to requests made
pursuant to the Freedom of Information Act (FOIA), 5 U S.C §552 et. seq., all deterrninafions
concerning the release of information of this nature are made on acase-by-case basis by the DHS
FOIA Office . "
X. SUBCONTRACTING AND SiJBGRANTING
LTpon approval by USDOI, ODP, if the County of'Orange subcontracts or subgrants any or all of
the work required under this MOA, the County of Orange agrees to include in the subcontract o[
subgant that the subcont[actor/subgantee is bound by the terms and conditions of this MOA
The County of Orange agees to include in the subcontract/subgant that the
subcontractor/subgantee shall hold the Depaztment of Crime Contro] and Public Safety,
Division of Emergency Management hazmless against all claims of whatever nature azising out
of the subcontractor's pe[formance of work under this MOA, to the extent allowed acid required
bylaw If the County of Orange subcontracts/subgants, a copy of the executed
subcontractlsubgant agreement must be forwazded to the Division of Emergency Management
within ten (10) days of execution of said subcontract/subgant Contractual azrangement shall in
no way relieve the County of Orange of its responsibilities to ensure that all funds issued
pursuant to this gant be administered in accordance with all state and federal requirements The
Comrty of Orange is bound by the terms, conditions and restrictions of the LJ S Department of
Homeland Security, Office of Domestic Prepazedness, FY 2004 State Homeland Security Grant
Progam Grridelines and Application Kit (Annex C)
FY2004 DIIS SHSGP Memorandum of Agrcement 4 of 6
XI. COMPLIANCE WITH LAW
The County of Orange shall be wholly responsible for the work to be performed under this MOA
and for the supervision of its employees and assistants The Cormty of Orange 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
work performance under this MOA, including those of federal, State, and local agencies having
appropriate jurisdiction.
7OI. WARRANTY
The County of Orange shall hold the Depaztment of Crime Conhol and Public Safety, Division
of Emergency Management hazmless 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
Tort Claims Act.
XIII. ANTITRUST LAWS
This Agreement is entered into in compliance with all State and Federal antitrust laws.
XIV. TERMINATION
This MOA shall be in effect from the date of execution to November 30, 2005. Upon approval
by USDOl, 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 USDOl, O.TP Grant
Adjustment Notice, attached and incorporated by reference herein
This MOA may be terminated upon submission of a 30-day advance written notice of
termination.
If DHS suspends or terminates funding in accordance with 28 C F.F., §66.43 and Appendix A
of the U S Depaztment of Homeland Security, Office of Domestic Prepazedness, FY 2004 State
Homeland Security Grant Program Guidelines and Application Kit (Annex C), attached and
incorporated by reference herein, the County of Orange shall reimburse the Division of
Emergency Management for said property
XV. ENTIRE AGREEMENT
This MOA and any annexes, exhibits and amendments annexed hereto and any documents
incorporated specifically by reference represent the enthe agreement between the parties and
supersede all prior oral and written statements or agreements.
FY2004 DHS SHSGP Memorandum of Agreement 5 of 6
ORIGINAL
XVI. EXECUTION
This MOA will become effective upon execution of all pazties to the MOA The date of
execution shall be the date of the last signature.
EXECUTED THIS THE DAY OF , 2004
CONIRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF CRIME CONTROL AND PI7BLIC SAFETY
WtTNESS:
WIINESS:
WITNESS:
BY:
DR. KENNETH B. TAYLOR, DIRECTOR
DMSION OF EMERGENCY MANAGEMENI
DATE:
BY:
BY:
GERALD A. RDDISILL, JR,
DEPUTY SECRETARY
DEPARIMENT OF CRIME CONTROL & PUBLIC SAGETY
DATE:
JOAN M. LINK, JR.
COUNTY MANAGER
THE COUNTY OP ORANGE
COUNTY TAX 7D #
DATE:
APPROVED AS TO PROCEDURES:
BY:
BENNIE AII{EN, CONTROLLER
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFELY
DATE:
APPROVED AS IO FORM SUBJECI FO >:.x7rCUIION BY GERALD A. RUDISTLL, JR, DEPUTY SECRETARY OF
THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY.
ROY COOPER
AI IORNEY GENERA4 OF NORTH CAAOLTNA
BY: (It~O.t~L 11, Cr, ~ 1.~.~
A S S ATTOR E
9
FY2004 DHS SHSGP Memorandum of Ageement 6 of 6