HomeMy WebLinkAboutAgenda - 11-16-2004-5eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 16, 2004
Action Agenda
Item No. 5-2.
SUBJECT: Acceptance of Grant Allocation from the Department of Homeland Security -
State Homeland Security Grant Program
DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Memorandum of Agreement
Annex B, Subgrant Forms
Assurance of Participation
INFORMATION CONTACT:
Rad Visser, 245-2300
Eric Griffin, 968-2050
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approve acceptance of a State pass-through grant allocation of federal
Homeland Security funds in the amount of $236,868.34 to reimburse Orange County far the
purchase of equipment associated with homeland security activities of the County, its
municipalities, and the University,
BACKGROUND: The United States Department of Homeland Security (DHS) awarded the
State of North Carolina funding for equipment, exercises, and training through the FY 2004
State Homeland Security Grant Program, The program is designed to improve domestic
preparedness through the purchase of equipment for first responders. Federal funding is
allocated in accordance with a DHS formula of 80% for local government use and 20% for state
use,
The State Emergency Response Commission decided for this grant award to split the local
allotment into two sections.. The first section, which for Orange County represents the
$236,868,34, will be awarded to each of the 100 counties on a per capita basis. The second
section is being awarded by a competitive grant with preference towards regional interoperable
communications, Orange County participated in a regional effort to secure such funding in
conjunction with Triangle J Council of Governments, Wake County, Durham County, City of
Raleigh, and the Town of Chapel Hill.. The State recently notified this consortium that it had
approved an additional $2 million+ that will underwite the regional effort to improve
communications interoperability through the State Highway Patrol's VIPER system
infrastructure,
Orange County's allocation from the State of North Carolina for this per capita award is
$236,868,34 and did not require the County to submit a grant application. The accompanying
Memorandum of Agreement between the County and North Carolina Emergency Management
expresses the conditions for the grant funding.,
In keeping with the approach used for prior Homeland Security grant awards, Orange County
staff have pursued a stakeholder involvement process to determine the needs of response
agencies within the County, Based on stakeholder discussion from prior meetings, the
emergency response agencies agreed to recommend allocation of mast of the funding to
interoperable communications. The agencies agreed that radios should be distributed to public
safety agencies throughout the County. Invited to these meetings were representatives from
Chapel Hill fire and police, Carrboro fire and police, UNC Public Safety, Hillsborough Police,
Orange County Sheriff, Orange County Public Health, and Orange County Emergency
Management. Among the topics discussed at the mast recent stakeholder meeting on October
13, 2004 was the importance of having the commitment of elected and staff leaders to seeing
the project through by pursuing full funding for the 800Mhz related infrastructure and
equipment,
Similar grant projects were undertaken in FY 2002-04, using the same approach as for this
proposed grant acceptance. Through these grants, the BOCC accepted funding for the County
distributed through the Department of .Justice (now Department of Homeland Security) for
terrorism preparedness equipment, exercise costs, and training expenses.
Utilizing a dedicated part of prior year's funding, an exercise design team developed a series of
three exercises to test the capabilities of the County's contagious disease response plan and
other County and municipal agencies' plans associated with such an incident. These exercises
occurred over the summer with successful outcomes and remarkable participation from the
community.
FINANCIAL IMPACT: There is no County match required far the receipt of the State-
administered reimbursable Federal grant of $236,868,34. The County will seek reimbursement
from the State pursuant to the terms of the grant. There may be some incidental use of existing
staff time; however, no additional County costs should be expected.
RECOMMENDATION(S): The Manager recommends that the Board:
• Accept the allocation award;
• Authorize the Manager to sign the Memorandum of Agreement;
Authorize the Manager to sign the Assurances of Participation;
• Authorize the Manager to identify Rad Visser, Interim Director of Emergency
Management, as the Designated Agent under Annex B; and
• Authorize the Manager to identify Eric Griffin, Emergency Management Specialist, as
the Point of Contact under Annex B,
3
MOA Amount: $236,868
MOA #:1068
T:ix #: 56-6000327
Fund Code #:1510-001-T1
CDFA #: 97.004
US Department of Homeland Security
I'Y2004 State Homeland Security Grant Program
(SHSGP)
2004-(YE-T4-0014
Formula 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 Agreement 1 of 6
I. PURPOSE
The purpose of this Memorandum of Agreement (MOA) is to establish responsibilites and
procedures to implement the tezms of the Depaztment of Homeland Security (DHS), Office of
Domestic Prepazedness (ODP), FY2004 Stake Homeland Security Grant Program (SHSGP) A
copy of the complete federal grant instructions is provided as Annex C, attached and
incorporated by reference herein and is available at http://www ojp usdoj gov/dots/fy04hsgp pdf
II. PARTIES
The parties to this MOA az'e the North Caz'olina Department of Crime Control & Public Safety,
North Carolina Division of Emergency Management, and the County of Orange.
HI. BACKGROiIND
The Department of Homeland Secuzity (DHS), through the Office of Domestic Prepazedness
(ODP), in accordance with the authorifles listed below, created the FY2004 State Homeland
Security Grant Program. This program was established to provide federal reimbursement to state
and local governments fbr the costs associated with purchasing equipment, conducting exercises,
paining, and planning foz chemical, biological, radiological, nucleaz, and explosive (CSRNE)
terrorism events.
IV. AUTHORITY
The patties enter into this MOA under the authority of the following: 1) The Fiscal Yeaz 2004
Homeland Security Appropriations Act; 2) Public Law 108-11, the Wartime Supplemental,
Appropriations Act of 2003; 3) Public Law 107-56, the USA Papiot Act of 2001; 4) Public Law
107-296, the Iomeland Security Act of 2002; 5) the implementing regulations of each Act or
Law, if any; 6) the L1 S Depatment of Homeland Secutiry, 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 Carolina General Statutes.
V. DUTIES & RESPONSIBILITIES OP THE DIVISION OT EMERGENCY
MANAGEMENT AND THE COUNTY Ok' 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 7
(North Carolina Subgrant Inspuetions), Annex B and Annex C (U S. Department of Homeland
Secutiry, Office for Domestic Prepazedness Guidelines), attached and incorporated by reference
herein.
FY2004 DHS SHSGP Memorandum of Agreement 2 of 6
5
VI, kTINDING AND COMPENSATION
All te[ms and conditions of this MOA aze dependent upon and subject to the allocation of funds
fiom DHS, ODP and the Depaztment of Clime Control and Public Safety, Division of
Emergency Management for the proposes 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
Depaztrnent of Homeland Secroity, Office of Domestic Prepazedness, FY 2004 State Homeland
Security Grant Program Guidelines and Application Kit (Annex C), 28 C.F R. Pazts 66, 67, 69
and 70, OMB Cireulazs A-21, A-87, A-122 and A-133 and the U.S DOT Office of Justice
Programs Financial Guide available at http://www ojp usdoj gov/FinGuide/
The Federal Depaztment of Homeland Security will reimburse the State of North Carolina for
expenses that were approved on Detailed Budget Worksheets as explained in the FY2004
SHSGP. The State of North Cazolina, Depaztment 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 Subgrant hzstruetions in Annex A,
attached and incotpoz'ated by reference herein, describe the Detailed Budget Worksheets and
how they aze prepared and approved
The Depaztment of Crime Cant['ol and Public Safety, Division of Emergency Management will
reimburse the County of Orange for the actual eligible costs incwred, not to exceed the amount
of $236,868, Two Hundred Thirty Six Thousand Eight Hundred and Sixty Eight Dollazs. Funds
will be pfovided by the Department of Crime Control and Public Safety Annex B also contains
a form to decline all of the funds
VII. MODH~ICATION OT THE AGREEMENT
Modification of this Agreement must be in writing and upon approval of both patties except as
modified by official ODP Federal Grant Adjustment Notice (CiAN)
VIII. 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 loss or damage to said property unfil 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
Depaztment 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 of Emergency Management contacts shall be Dr Kenneth B. Taylor,
Director, and Mr Don Needham, Information and Planning Chief. The County of Orange
FY2004 DHS SHSGP Memorandmn of Agreement 3 of 6
contacts shall be John M Link, Jr ,County Manager, and the Designated Agent. The County
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 pazty disclosed to the other pazty in connection with the
services provided hereunder will be treated by the receiving patty 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 cleazly mazked as confidential prior to transmittal to the other
patty. Neither patty shall disclose to third patties, the other pazty's confidential information
without written authorization to do so from the other party. Specifically excluded fiom such
confidential treatment shall be information that: (i) as of the date of disclosure and/or delivery,
is already known to the pazty receiving such information; (ii) is or becomes pazt of the public
domain, through no fault of the receiving paty; (iii) is lawfully disclosed to the receiving party
by a third patty who is not obligated to t'etain such information in confidence; or (iv) is
independently developed at the receiving patty 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 program, or provided in
the course of its grant management activities, may be considered law enforcement sensitive of
otherwise important to national security interests. This may include tht'eat, risk, and needs
assessment information, and discussions of demographics, transportation, public works, and
industrial and public health infrasizuctures While this information is subject to requests made
pursuant to the Freedom of Information Act (FOIA), 5 iJ S.C. §552 et seq., all determinations
concerning the release of information of this nature aze made on a case-by-case basis by the DHS
FOIA Office "
X. SUBCONTRACTING AND SUBGRANTING
Upon approval by USDOJ, ODP, if the County of Orange subcontracts or subgrants any of alI of
the work required under this MOA, the County of Orange agrees to include in the subcontract or
subgt'ant that the subcontractor/subgrantee is bound by the terms and conditions of this MOA.
The County of Orange agrees to include in the subconhact/subgrant that the
subcontractot/subg'antee shall hold the Depaztment of Crime Contra] and Public Safety,
Division of Emergency Management harmless against all claims of whatever nature arising out
of the subcontractor's performance of work under this MOA, to the extent allowed and requu'ed
bylaw If the County of Orange subcontracts/subgrants, a copy of the executed
subconttacUsubgrant agreement must be fotwar'ded to the Division of Emergency Management
within ten (10) days of execution of said subconnact/subgrant. Contractual aztangement shall in
no way relieve the County of Orange of its responsibilities to ensure that all funds issued
pursuant to this grant be administered in accordance with all state and federal requirements. The
County of Orange is bound by the terms, conditons and restrictions of the i.J S .Department of
Homeland Security, Office of Domestic Preparedness, FY 2004 State Homeland Security Grant
Program Guidelines and Application Kit (Annex C).
FY2004 DHS SHSGP Memorundam of A~eement 4 of 6
XI. COMPLIANCE WITH I.AW
The County of Orange shall be wholly responsible for the work to be performed under this MOA
and f'or the supervision of its employees and assistants.. The County of Orange shall be
responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing
requh'ements and other regulatory matters that aze applicable to the conduct of its business and
work performance under this MOA, 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 hazmless for any liability and personal injury that may occur fiom or
in connection with the performance of this MOA to the extent permitted by the North Carolina
Tort Claims Act
XIII. ANTITRUST LAWS
This Agt'eement 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 USDOI, 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 USDO.I, OIP 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
L': 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 Prepazedness, FI' 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 entire agreement between the pazties and
supersede all prior oral and written statements or agreements.
FY2004 DHS SHSGP Memorandum of Agreement 5 of 6
XVI. 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
EXECUTED THiS THE ~AAY Or , 2004
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPAR'T'MENT OF CRIME CONTROL AND PUBLIC SAFETY
WITNESS:
WITNESS:
WTTNESS:
BY:
BY:
BY:
DR. KENNETH B. TAYLOR, DDIECTOR
DIVISION OP EMERGENCY MANAGEMENT
DATE: _ _.___
GERALD A. RUDISH,L, JR,
DEPUTY SECRETARY
DEPARTMENT OP CRIME CONTROL & PUBLIC SAFEIY
DATE:
JOHN M. LINK, JR.
COUNTY MANAGER
THE COUNTY OF ORANGE
COUNTY TAX ID;k
DATE: _,~~
APPROVED AS I'O PROCEDURES:
BY:
BENME All{EN, CONTROLLER
DEPARTMENT OP C.R]ME CONTROL AND PUBLIC SAFETY
DATE:
APPROVED AS TO FORM SUBJECI TO EXECUIION BX GERALD A~ RUDISILL, JR, DEPUTY SECRETARY OF
THE DEPARTMENT OF CRIME CONTTiOL AND PUBLIC SAFETY.
ROY COOPER
ATTORNEY GENERAL OIL' NORTH CAROLINA
BY:
ASSISTA 'ATTORNEY E ~'RAL
FY2004 DHS SHSGP Memorandum of Agreement 6 of 6
q
US Department of Homeland Security
FY2004
State Homeland Security Grant Program
(SHSGP)
ANNEX B
to the
Memorandum of Agreement
North Carolina Subgrant Forms
(Return completed forms to NCEM Program Manager)
Attn: NCLM FY2004 SHSGP Program Manager
4713 Mail Service Center
Raleigh, NC 27699-4713
DHS FY2004 SHSGP Annex B: Subgrant Forms 1 of 7
io
Designation of Agent Form
As County Manager of , I designate the Following
person:
Name:
Title:
Address:
City & Zip:
Telephone:
Fax:
Email:
to be my Designated Agent for the DHS FY2004 SHSGP. The above-listed person may sign and
submit documents related to this grant.
Restrictions (If none, write none):
NCEM recommends that the County Emergency Manager be identified as the Designated
Agent.
DHS FY2004 SHSGP Annex B: Subgrant Forms 2 of 7
I designate the following person:
Name:
Title:
Address:
City & Zip:
Telephone:
Fax:
Email:
Designation of a Point of Contact Form
to be the point of contact for all day-to-day communications for this grant program. The Point of
Contact will handle all routine communications with NCLM regarding the status of the grant
program,
County Manager's Signature Date
NCEM recommends that the County Emergency Manager or other staff person be
identified as the Point of Contact.
DHS FY2004 SHSGP nnnex B: Subgrant Forms 3 of 7
ra
Declination Form
For The
U.S. Department of Homeland Security (DHS)
FY2004 State Homeland Security Grant Program (SHSGP)
The County of declines to participate in the grant program and
elects not to receive grant funds., Please sign this form in the space below if the local
government elects to decline the grant fund. I understand the allotted funds will be redistributed
to other local governments.
Signature of the Chair Printed Name of the Chair Date
Of the County Commissioners Of the County Commissioners
DHS FY2004 SHSGP Honer B: Subgrant Forms 4 of 7
~3
Assurance of Participation Form
This form provides written assurance that all First Responder disciplines within the county and
within all municipalities in the county were provided an opporivnity to participate in this grant
program.
County Manager (or Principal Chiet for the Eastern 6mrd of the Cherokee 6tdians) (signing on behalf of
county first responder agencies within the county and largest municipality within the county which provides first
responder agencies in that municipality and any additional municipality with a population of 25,000 people or
greater))
I certify that all eligible county agencies and first responder agencies in the other municipalities were provided an
opportunity to participate in this grant program,
County Manager Signature
Jurisdiction Date
City Manager (of the largest incorporated municipality within the county who provides first responder services)
I certify that my first responder agencies were provided an opportunity to participate in this grant program.
City Manager Signature
.Jurisdiction Date
City Manager (if applicable, of any additonal incorporated municipality with a population of 25,000 people or
greater that provides first responder services)
I certify that my first responder agencies were provided an opportunity to participate in this grant program.
City Manager Signature )urisdiction
Date
DHS FY2004 SHSGP Annex B: Subgrant Forms 5 of 7
/`f
Discipline Points of Contact Form
To assist the State in preparing reports to DI-IS on the allocation of equipment, training, exercise,
and planning funds, please identify the Point-of-Contact for each discipline to ensure that all first
responder disciplines have been provided an opportunity to participate.
Signatures are not required.
Law Enforcement (LE)
(name of contact person) (phone number)
--------------- (agency /organization)
-------------------
------------
Emergency Medical
Services (EMS) (name of contact person) (phone number)
--------------- (agency /organization)
-------------------
------------
Emergency Management
Agencies (EMA) (name of contact person) (phone number)
--------------- (agency /organization)
-------------------
------------
Eire Services (ES)
(name of contact person) (phone numher)
--------------- (agency /organization)
-------------------
------------
DHS FY2004 SHSGP Annex B: Subgrant Forms 6 of 7
~y
Discipline Points of Contact (continued)
Signatures are not required.
Hazardous Materials (HZJ
(name of contact person) (phone number)
(agency /organization)
----------------------------------------------
Public Works (PW)
(name of contact person) (phone number)
(agency /organization)
----------------------------------------------
Public Safety
Communications (PSC) (name of contact person) (phone number)
(agency /organization)
----------------------------------------------
I-Iealth Care (HC)
(name of contact person) (phone number)
(agency /organization)
----------------------------------------------
Public Health (PH)
(name of contact person) (phone number)
(agency /organization)
----------------------------------------------
Iverified the above data is correct. Please SIGN below,
(signature of the local emergency management coordinator) (date)
DHS FY2004 SHSC'iP Amex B: Subgrant Forms 7 of 7
I~
Assurance of Participation Form
This form provides written assurance that all First Responder disciplines within the county and
within all municipalities in the county were provided an opportunity to participate in this grant
program.
County Manager (or Principal Chief fbr the Eastern Band of the Cherokee Indians) (signing on behalf of
county first responder agencies within the county and largest municipality within the county which provides first
responder agencies in that municipality and any additional municipality with a population of 25,000 people or
greater))
I certify that all eligible cou agencies and first responder agencies in the other munieipnlities were provided an
opportugifjl to,participate' t tis grant program.
Manager
Orange County ~ _ 6- !f
Jurisdiction Date
City Munager (of the largest incorporated municipnlity within the county who provides firs[ responder services)
I certify that my first responder agencies were provided an opportunity to participate in this grant program.
~~ `~' ~~rb~~~ Town Of Chaoel Hill ~ ~
City Manager Signature Jurisdiction Date
City Manager (if' applicable, of any additional incorporated municipality with a population of 25,000 people or
greater that provides first responder services)
I certify that my first responder agencies were provided an opportunity to participate in this grant program.
N/A
City Manager Signature
Jurisdiction
Date
City Manager (if applicable, of any additional incorporated municipality with a population of25,000 people or
greater that provides first responder services)
I certify that my first responder agencies were provided an opportunity to participate in this grant program,
N/A
City Manager Signature Turisdiction Date
~~Qo~{ Z~ r-~5 S ~~SGP~~- f TPP