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Home My WebLink About2005 Emergency Svc - N C Dept of Crime Control & Public Safety MOA for Homeland Security grant MOA Amount:$AL000 MOA#-3025 Tax#: 56-6000327 Fund Code#:1510-0041 COFA#, _97.M Grant#- 232 US 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 DIIS SHSGP Memorandum of Agreement I Of6 1. PURPOSE The purpose of this \Mcmorandum,of Agreement(MOA) is to establish responsibilities and procedures to implement the terms of the Department of Homeland Security(DUS),Office of Domestic Preparedness(ODP), FY2004 State Homeland Security Grant Program(SHSGP). A copy of the complete federal grant instructions is provided as Annex C,attached and incorporated by reCerence herein and is available at http:i,-kN,-% %,.ojp.usdoj.govidoes�(yo4hsgp,pdf, 11. PARTIES The parties 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 'rhe Department of Homeland Security( NHS),through the Office 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, traininO,and planning for chemical,biological,radiological,nuclear,and explosive(CBRNE) terrorism events. IV. AUTHORITY The parties enter into this MOA under the authority of the following: 1)The Fiscal Year 2004 Homeland Security Appropriations Act; 2)Public Law 108-11,the Wartime 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 or Law, i r any; 6) the U.S, Department of Homeland Security,Office of Domestic Preparedness, FY2004 State Homeland Security Grant Program Guidelines and Application Kit available at htip:lfwNkAv.ojp.usdoj.goN,doc&ifyG4hs,6,p.pdf, 7)applicable ODP Information Bulletins; and 8) the N.C. Emergency Management Act,Chapter 166A of the North Carolina General Statutes. V. DUTIES & RESPONSIBILITIES OF THE DIVISION OF EMERGENCY MANAGEMEN7 AND THE COUNTY 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 J (North Carolina Subgrant Instructions),Annex B and Annex C, (U.S. Department of Homeland Security, Office for Domestic Preparedness Guidelines), attached and incorporated by reference herein. FY2004 MIS SHSGP Memorandum of ASremcnt 2 of 6 VI. FUNDING AND COMPENSATION All terrors and conditions of this MOA are dependent upon and subject to the allocation of funds from DH a,OOP and the Department of Cringe Control and Public Safety, Division o Emergency Management anag3ement for the purposes set forth and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the U.S. Department of Homeland Security,Office of Domestic Preparedness,F'Y 2004 State Homeland Security Grant Program Guidelines and Application Kit(Anneal Q,_28 C.F.R.Parts 66„ 67,6 and 70,OMB Circulars A-21, A-87„ A-122 and AY133 and the G.S. DOJ Office of Justice Programs Financial Guide available at http:t�vwxv.o p.usdoj ov inGuider'. The Federal Department of Homeland Security will reimburse the State of forth.Carolina for expenses that were approved on Detailed Budget Workshects as explained in the FY2004 SHSGP. The state of North Carolina,Department of Crime Control and Public Safety„Division of Emergency Management will reimburse local governments for eligible expenses that were approved on the Detailed Budget Worksheets. The NC Subrant Instructions in Annex A, attached and incorporated by reference herein,describe the Detailed Budget 'Worksheets and ow they are prepared and approved. The Department of Crime(control and Public Safety,Division of mer ency'Management will reimburse the County of Orange for the actual eligible costs incurred,not to exceed the amount . ofS54,000.Fifty Pour Thousand Dollars. Funds will be provided by the Department of Crime Control 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 parties except as modified by official OOP Federal Grant Adjustment':'notice(GAN), 'III. 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 reimburse the Division of Emergency:Management for any bass or damage to said property until the property is transferred to another agency.The Department of Crime Control and Public Safety,Division of Emergency Management will not be held responsible for any equipment purchased by the Subgrantees. IX. COMMUNICATIONS To provide;consistent and effective communication between the County of Orange and the Department of Crime Control and Public Safety, Division of Emergency Management,each party shall appoint a Principal Representative(s)to serve as its central point of contact responsible for coordinating and implementing this-MOA. The Department of Crime Control and Public Safety,Division o.fEmergency Management contacts shall be Dr. Kenneth B.Taylor, Director, and Mr. Joe Fitzpatrick:Homeland Security Branch Chief. The County of Orange contacts shall be.Icahn M.Fink,Jr.,County Manager,and the Designated .Agent.The County F Y2004 D14S SHSGP Wmorandumof Agreement :aft Manager will identify a Designated agent who is authorized to sign and submit required grant documentation, and will identify a Point of Contact for routine grant 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 party disclosed to the outer 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 MOA. Any information 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 tither party's confidential information without written authorization to do so from the other party, Specifically excluded from such confidential treatment shall be information that: (i)as of the date of disclosure arid.='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)i independently developed at the receiving party by someone not privy to the confidential information. In accordance with Appendix A of the FY 2004 State' °Iomeland Security Grant Program guidelines and ,application Kit(annex C),"ODP recognizes that much of the information submitted in the course of applying for funding tinder this program, or provided in the course of its grant management activities,may be considered law enforcement sensitive or otherwise important to national security interests. This may include threat, risk, and needs assessment information,and discussions of demographics, transportation,public works,and industrial and public health infrastructures. While this information is subject to requests made pursuant to the Freedom ofInformation .act(FOIA),5U.S.C. §552 et. seq.,all determinations concerning the release of information of this nature are made on a case-by-tee basis by the DHS FOIA Office . . . .- X. SUBC ON,rRACTI G ND SUBGRANTING Upon approval by USDU I, 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 or subgrant that the subcontractorisubgrantee is bound by the terms and conditions of this MOA. The County of Orange agrees to include in the subcontractisubgrant that the subcontractorisubgrrantee shall hold the Department of"Crime Control and Public Safety Division of Emergency M anagement harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOM,to the extent allowed and required by law. If the County of Orange subcontractsfsubgrants,a copy of the executed ubcontract/subgrant agreement must be forwarded to the Division of Emergency Management within tort..(1 )days of execution of said subcontract/subgrant. Contractual arrangement shall in no way relieve the County of grange of its responsibilities to erase that all Bands issued pursuant to this grant be administered in accordance with all state and federal requirements. The County of Orange is bound by the terms,conditions and restrictions of the U.S.Department of Homeland Security,Office of Domestic Preparedness, FY 2004 State Homeland Security Grant Program Guidelines and Application Kit(Annex Q. FY2004 DHa SHSGP :Memorandum ofAgreement 4 oJ7 I. COMPLIANCENVITH LAW The County of Orange shall be wholly responsible for the work to be performed under this IMOA and for the supen°ision of its employees and assistants, The County of Orange shall be responsible for compliance with all laws, ordinances,codes,rules,regulations, licensing requirements and other regulatory matters that am applicable to the conduct of its business and work performance under this N16A. including those of federal,State,and local agencies having appropriate jurisdiction. XII, WARRANTY The County of Orange shall hold the Department of Crime Control and Public Safety,Division of Emergency Management harmless for any liability and personal injury that may occur from or in connection with the performance of this NIIOA to the extent permitted by the North Carolina Tort Claims Act. X111. ANTITRUST LAWS This Agreement is entered into in compliance with all State and Federal antitrust laws. XI17. TERMINATION This MOA shall be in effect from the date of execution to`November 30, 2005. Upon approval by USDQJ,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 USDOJ. OJP 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.R. §66.43 and Appendix A of the U.S. Department of Homeland Security,Office of Domestic Preparedness, 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 NN10A and any annexes,exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written statements or agreements. f Y2004 MIS SIISGP Nitmorandam of Agreement ORIGINAL XVI. EXECUTION This MOA will become effective upon execution of all parties to the,\,40A. The date tat execution shall be the date of the last signature,. F.XFC'U,,TF.D THIS THE y DAY OF i i -1004'� CONTRACTING AGENCY 01VISIONOF EMERGENCYNIANAGEMENT DEPARTMENT OF CRIME CONTROL **ND PUBLIC SAFETY 1T� ES NNETH&TAYLOR,DIRE DIVI ION OF RGV CY MANAGE MENT W I T NJES S A BY. d-EICALD A.kUDISILL,im, I DEPUTY SECRETARY DEPARTMENT OF CRIANIF PU BLIC SAFETY , �ONTROL DATE TE: NVITNE, o BY: �io m fjm,�JR. I� N�!VNTW�MAN AG r 0 HE COUNTY OF ORANGE COUNTY TAXI 0 0 s �7-7 DATE: APPROVED ES. BY: BENNIEAIR ,CO- DEPARTMEANT y0/1 ME CONTROL AND PUBLIC SAFETY DATE- APPROV ED AS TO FORM SUHJ ECT TO EXECUTION RV GERALD A,RUOISILL,JR.,DEPUTY SECRETARY Of 'rtjF DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFt.,TY. ROY COOPER A'I'TORNEY GENERAL OF NORTH CAROLINA BY; FY2004 DHS SHSGP -Metmrandam of Aggitement 6 Of