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HomeMy WebLinkAbout2011-326 Emergency Svc - Dept. of Crime Control and Public Safety natural disaster exercise MOA#:1131 5J Tax#:56-6000327 Fund Code#:1520-030-H1-512 MOA Amount: $5,000.00 CFDA#: 97.073 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT AND ORANGE COUNTY 2007-GE-T7-0048-8009 L SUBJECT To ensure adequate preparedness for a response to an all hazard event to include terrorism within the State of North Carolina,funding has been allocated for the Natural Disaster exercise as described in Attachment 1. II. PURPOSE The Department of Crime Control and Public Safety, Division of Emergency Management and Orange County, will enter into an agreement to provide funding for the expenses related to planning and conducting a discussion -base exercise that will test the capabilities of all agencies involved in responding to a Natural Disaster according to the Emergency Operation Procedures (EOP) located within Orange County. This exercise will give the county partners an opportunity to review the EOP to ensure all partners understand their responsibilities. Additionally, training needs will be identified and addressed. 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 as Grantee, and Orange County,henceforth referred to in this document as Sub-grantee. IV. BACKGROUND The U.S. Department of Homeland Security has made funds available through the State Homeland Security Grant Number: FY2007-GE-T7-0048 to implement the goals and objectives of the State Homeland Security Strategy 2007-2009. Page 1 of 12 The Grantee and Sub-grantee enter into an arrangement by which the Grantee will provide Federal reimbursement funding to the Sub-grantee for the expenses related to the planning and conduct of the exercise activities as described in Attachment 1. 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, Sec.101 (B) at 112 Stat. 2681-50); 2) Department of Justice Appropriations Act, 1999 (Div. A, Sec. 10l(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; 5) Public Law 108-11,the Wartime Supplemental Appropriations Act of 2003; 6)FY 2003 Omnibus Appropriations Act; 7) the implementing regulations of each Act or Law; 8) The U.S. Department of Homeland Security Fiscal Year 2007 State Homeland Security Grant Program Guidelines and Application Kit available at http://www.ojp.usdoj.gov/odp/grants_programs.htm; 9) DHS FY 2007-GE-T7-0048; 10) applicable DHS Information Bulletins; 11) The N.C. Emergency Management Act, Chapter 166A of the North Carolina General Statutes; and, 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 a non-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." VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY,DIVISION OF EMERGENCY MANAGEMENT Grantee agrees to: A. Provide reimbursement to the Sub-grantee for the cost of exercise activities in accordance with the budget provided in the attached exercise proposal. B. Conduct review of the exercise proposal submitted by the Sub-grantee to maintain grant compliance. VII. DUTIES AND RESPONSIBILITIES OF THE SUB-GRANTEE Sub-grantee agrees to: A. Expend exercise funds under the applicable USDHS Program Guidelines and Application Kits incorporated by reference herein, of this MOA for the enhancement of all hazard preparedness. B. Utilize its departmental procurement procedures and policies for the purchase of supplies and other items necessary for the exercise activities and follow procurement procedures and policies outlined in the applicable federal regulations, and as outlined in the applicable USDHS Program Guidelines and Application Kits and the USDHS Financial Management Guide. Page 2 of 12 C. 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 beyond that identified in this MOA shall be the sole responsibility of Sub-grantee and shall not be reimbursed under this MOA. D. Submit invoice(s)requesting reimbursement for item(s)received to the NCEM Exercise Program Manager, Carolyn Freitag. Grantee will reimburse Sub-grantee for eligible costs as outlined in the applicable USDHS Program Guidelines and Application Kits. E. Complete the procurement(s)process not later than 12/31/2011. F. Provide quarterly progress reports to the NCEM Homeland Security grants manager as described in Attachment 2 by the following dates: as appropriate for the exercise planning process. G. Comply with the applicable federal statutes,regulations,policies, guidelines and requirements,reporting requirements and certifications as outlined in the applicable USDHS Program Guidelines and Application Kits. H. Retain all original records pertinent to this MOA for three years from the date of the final Financial Status Report, as outlined in the applicable USDHS Guidelines and Application Kits and the USDHS Financial Management 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 all litigation, claims or audit findings involving the records have been resolved. I. 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 a non-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 sub- recipients have not been suspended or debarred from doing business with the federal government." VIII. FUNDING AND COMPENSATION Grantee will reimburse Sub-grantee for the actual eligible costs incurred for the subject of this grant, not to exceed$5,000.00 (Five Thousand Dollars). Funds will be provided by the State of North Carolina,Department of Crime Control and Public Safety,Division of Emergency Management. The allocation of funds will be from the USDHS FY 2007 Homeland Security Grant Program. All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds from USDHS and 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 Page 3 of 12 USDHS Program Guidelines and Application Kits available at http://www.ojp.usdoj.gov/odp/grants_progratns.htm, OMB Circulars A-21,A-87,A-122,A-128 and A-133,the USDHS Financial Management Guide available at http://www.dhs.gov/xlibrary/assets/Grants_FinancialManagementGuide.pdf 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 Program Guidelines and Application Kits, include but may not be limited to,the following: Fiscal Year 2007 Homeland Security 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 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. 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 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. Grantee contacts shall be Steve Sloan, Assistant Director, Logistics, and Carolyn Freitag, Exercise Program Manager. The sub-grantee contact shall be Darshan Patel, Orange County Emergency Services 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 parry. Neither party shall disclose to third parties the other party's confidential information 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 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. XH. SUBCONTRACTING If the Sub-grantee subcontracts any or all purchases required under this Agreement, Sub-grantee agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Sub-grantee agrees to include in the subcontract that the subcontractor shall hold Grantee harmless against all claims of whatever nature arising out of the subcontractor's Page 4 of 12 performance of work under this MOA. If Sub-grantee subcontracts a copy of the executed subcontract agreement must be forwarded to the Division of Emergency Management and approval granted prior to the execution of said subcontract. 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 Program Guidelines and Application Kits referenced herein. XIII. COMPLIANCE WITH THE LAW Sub-grantee shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Sub-grantee shall be responsible for compliance with all laws, ordinances,codes, rules,regulations, licensing requirements and other regulatory matters that 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 Program Guidelines and Application Kits. XIV. WARRANTY Sub-grantee shall hold 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 Tort Claims Act. XV. ANTITRUST LAWS This Agreement is entered into in compliance with all State and Federal antitrust laws. XVI. TERNUNATION The termination date is December 31,2011. This MOA may be terminated upon submission of a 30-day advance written notice of termination. Upon approval by USDHS 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 Grant Adjustment Notice or as established by the State Administrative Agency whichever is sooner. If DHS suspends or terminates funding in accordance with 28 C.F.R. §66.43 and the applicable U.S. Department of Homeland Security Program Guidelines and Application Kits, incorporated by reference herein, Sub-grantee shall reimburse the Division of Emergency Management for said property. Page 5 of 12 , XVII. ENTIRE AGREEMENT This Agreement and any 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. 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., Chief Deputy Secretary,NC Department of Crime Control and Public Safety. Page 6 of 12 N.C. DEPARTMENT OF CRIME THE COUNTY OF ORANGE CONTROL & PUBLIC SAFETY B `-- BY• H.DOUG DELL,DIRECTOR DA PATE DIVISION OF EMERGENCY MANAGEMENT. EME CY MANAGEMENT COORDINATOR COUNTY OF ORANGE APPROVED AS TO PROCEDURES: BY: FRANIL-CLIFTON,C TY MANAGER COUNTY OF ORANG BY: MARVIN MERVIN,CONTROLLER DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY BY: C RA G.WHI ENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY,BY CASANDRA G.WHITE, CCPS GENERAL COUNSEL,TO FULFILL THE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS BY: GERALD A.RUDISILL,JR. CHIEF DEPUTY SECRETARY DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY2007 HOMELAND SECURITY GRANT PROGRAM ONLY AND IS SUBJECT TO EXECUTION BY GERALD A.RUDISILL,JR., CHIEF DEPUTY SECRETARY OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR OTHER MOUs/MOAs FOR THE STATE HOMELAND SECURITY GRANT PROGRAM FOR OTHER FISCAL YEARS. Page 7 of 12 • i i ATTACHMENT A INTENTIONALLY BLANK PAGE Page 8 of 12 ATTACHMENT B QUARTERLY REPORT COUNTY OF ORANGE, MOA#1131 Funds Expended Prior Quarters: Quarter: Grant Award: $5,000.00 Funds Expended This Quarter: Activities Metric Current Status 1. Equipment Date,current status(ex. List needs identified, items in vendor negotiation, purchased, placed in service, etc. 2. Exercise 3. Planning 4. Organization 5. Training Date,status of training (ex. Needs identified,training planned,training in progress. Training conducted, w/a enda and roster attached). Quarterly Reports must be submitted according to Department of Homeland Security Guidelines. If no monies have been spent please report-0-. Page 9 of 12 ATTACHMENT C INSTRUCTIONS FOR SUBMITTING REIMBURSEMENT REQUESTS Request for reimbursements must be submitted quarterly. All reimbursement requests should be received by the North Carolina Emer ency Management Training Branch no later than 15 days after the quarter ends. (April 15th, June 15-T, October 15th,January 15 h) When submitting your reimbursement requests, please use the checklist below as a guideline on what information should be included with your request package. You will receive a Cost Report Form from CCPS Finance. Please use this Cost Report when requesting a reimbursement. Send in your request for reimbursement on your local jurisdiction's letterhead and fill out Cost Report. Address reimbursement request package to: Carolyn M. Freitag North Carolina Emergency Management 4713 Mail Service Center Raleigh, NC 27699-4713 Include the amount requested for reimbursement. Identify the local jurisdiction to which the check is to be mailed. Include the address to which the check is to be sent. Attach copies of all invoices that have been paid (must have invoice that reflects invoice has been paid) according to allowable costs. Please include summary page listing all paid invoices. Please retain original invoices or bills for your local files. QUARTERLY COST REPORTS MUST BE SUBMITTED EVEN IF YOU HAVE NOT INCURRED ANY EXERCISE COSTS. Page 10 of 12 EXAMPLE OF COST REPORT ra A STATE OF NORTH CAROLINA DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY Homeland Security r 4713 Mall Service Center Raleigh,NC 27603 COST REPORT HOMELAND SECURITY Vendor: NCEM-OPERATIONS EMERGENCY SV CFDA: 97.074 Contact Steve Sloan Address: 4713 Mail Service Center Raleigh,NC 27699-4713 Request# Vendor Nbr/Fed ID Nbr. 56600000408 Account Nbr: 470l.-53692010307-1520-030-Hl-511 Fund Code: 1520 OSA Contract Number. RCC: 030 Grant Period: 7/1/2008-12/30/2010 Grant Identifier: H1 MOA Nbr. 2007-GET-70048-5006 Protect Code: 511 Remarks: . Budget Worksheet TRAINING Total Budget Amounts: 0.00 0.00 0.00 0.00 0.00 Prior Expenditures: 0.00 0.00 0.00 0.00 0.00 Current Balance: 0.00 0.00 0.00 0.00 0.00 Expended this period: Balance Remaining: Funding Worksheet Amount Pmts to Date Balance %Funding Reimbursement New Balance Federal J ^1 100% State 0.00 0.00 0.00 0% Match 0.00 0.00 0.00 0% Subtotal 100% r . Fed Admin 0.00 0.00 0.0 0% Total Certification I certify the above are correct,based on subgrantess official accounting system and records,consistently applied and maintained,and that expenditures shown 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. r AI NCEM-OPERATIONS EMERGENCY SVC Authorized Signature Date Homeland Security Approval Signature Date Controller's Office Approval Date Printed 10/2212010 8:30:54 AM Vendor ID: 1231 Page 11 of 12 ATTACHMENT D Required Sub-grantee or Sub-Recipient File Documentation Sub-grantee or sub-recipient must meet the financial administration requirements in 44 CFR Part 13 and must maintain a file for each homeland security grant award. The files must be available for review by the North Carolina Division of Emergency Management—Homeland Security Branch-Staff for site visits, project closeout and future audits. Sub-grantee or sub-recipient must include appropriate documentation in the file, including but not limited to the following documents: Conditional Grant Award Memorandum of Agreement/Memorandum of Understanding and Supporting Appendices Completed appropriate cost report forms with invoices Page 12 of 12 Exercise Request / Notification - NCEM Exercise Name: 2011O0TTX2 Location: Ofan' e,Coun Sponsoring Agency: Oran k oun .Eme r Sentice5: Military Installation (if applicable): " # Scenario (choose all that apply): _ Type(choose all that apply): Focus(choose all that apply): Scope(choose all that apply): wi,view.i� Classification (choose one): Exercise Sponsor POC Information POC Organization: CQtan a Coun :Eme: `en.`wSeruice`sa« POC Name: Darshari PaW ,, POC Address: 51t ileewrnn!1an[ Rn�►e POC City, State, zip: H.J16W rxiu G 2727 Phone 9494Z E-Mail: d to coaorar%LLe rac:is Major Participating Agencies/Organizations: Y Qrnoun �nprge S$ruices s wr y©rari=uet ,Gf ems @hi ,�A Glt(, >< 'atr Stt Ai Schedule Description Completion Date 1. Provide final proposal to NCEM 17=Au =1111 . 2. Prepare exercise Plan 4. Mail notice of exercise 15=Se 1 :� 4. Conduct exercise Eart y O ,tabe ,2011 5. Complete After Action Report/Improvement Plan 15-1�Fby 11' 6. Send invoice to NCEM Brief Exercise Overview: W&,ml be conducting a TTX with all county partners in Oao'bet to be a.precurseor to the;; Spnn ,201�full scale exercise The New=Orange County EOF wiil be adopted by the BOCC,m early September This exercise will givethe county partners andpporturaity#o reuiew'the plan once,again to ensure ail partners understand their repons�bil�ties. This will also allow us to itlentify.training,needs grid plan c hanges-6 e orewe ct>nduct the#ull`scale exercise - ry i; Estimated Costs Description Amount 1=xercise Document Printin Plar>s;Manuals; AAR/IP $3,000,00,' Galen Breakfast(L6hdh - $1,500.00.'!= Dis`osable`Su lies Footl Su Iles; Pa et/Writin Z $500.00 w ; l _ vyf Total Estimated Costs $5,000.00 Additional Notes: This will be the second TTX this year in Orange County. The first one was to review the new EOP and allow us to make changes before the Board adopts it in September. This second exercise will allow us to exapand on our capabilities and better understand how response will work within the county during a disaster.