HomeMy WebLinkAboutAgenda - 12-06-2004-5dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 6, 2004
Action Agee
Item No.
SUBJECT: Acceptance of Grant Award for Emergency Services Training Exercise
DEPARTMENT: Emergency Management
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
NC Division of Emergency Management
Memorandum of Agreement
INFORMATION CONTACT:
Jack Ball or 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 award of federal Homeland
Security funds in the amount of $3,000 to reimburse Orange County for the cost of an
emergency services training exercise.
BACKGROUND: The United States Department of Homeland Security (DHS) awarded the
State of North Carolina funding for equipment, exercises, and training through the FY 2003
State Homeland Security Grant Program. The program is designed to improve domestic
preparedness through the purchase of equipment for first responders, and providing funding for
training exercises and training classes, Federal funding is allocated in accordance with a DHS
formula of 80% for local government use and 20% for state use.
Some counties were unable to utilize all of their allotted exercise funding from this program,
Orange County utilized all of its allotted exercise funding from two grant streams, totaling
$21,668, during the "Silent Summer 2004" bioterrorism exercise series. Due to the County's
successful execution of the three exercises, the North Carolina Division of Emergency
Management approached Orange County Emergency Management with the offer of additional
exercise funding, Orange County Emergency Management submitted a proposal for a
Weapons of Mass Destruction (WMD) training exercise in accordance with federal
requirements.
The Orange County Department of Emergency Management will coordinate with the Orange
County Sheriff's Office, UNC Hospital, and the Mid-Carolina Regional Advisory Committee in
developing the exercise. Details of the proposal will be reserved until the execution date nears
in order to maintain a realistic scenario,
The State Division of Emergency Management approved Orange County Emergency
Management's proposal and is offering $3,000 for the proposed emergency training exercise.
FINANCIAL IMPACT: There is no County match required for the receipt of the State-
administered reimbursable Federal grant, The County will seek reimbursement from the State
pursuant to the terms of the grant. The expected costs will constitute only staff time for
planning and execution of the exercise, as all other expenses may be reimbursed.
RECOMMENDATION(S): The Manager recommends that the Board accept the allocation
award and authorize the Emergency Management Director to sign the Memorandum of
Agreement, subject to final review by staff and the County Attorney,
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ID #: 56-6000327
Fund Code: 536-02
Services: $3,000
MEMORANDUM OF AGREEMENT
BETWEEN THE
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY,
DIVISION OF EMERGENCY MANAGEMENT
AND THE
COUNTY OF ORANGE
I. SUBJECT
To ensure adequate prepazedness for a response to an act of tennrism within the State of North
Cazolina, funding has been provided for the development and presentation of exercises for local
governments
II. PiTRPOSE
The Department of Crime Conttol and Public Safety, Division of Emergency Management
(Division of EM) and the County of Orange will enter into an agreement to provide funding for
the costs associated with developing and conducting weapons of mass destruction (WMD)
exercises
III. PARTIES
The parties to this Memorandum of Agreement (MOA) aze: North Cazolina Department of
Crime Control & Public Safety, Division of Emergency Management and the County of Orange
IV. BACKGROUND
The US Depaztment of Justice (DOT), tluough the Office of the Assistant Attorney General,
Office of lustice Programs (OTP) has made funds available to provide the funds to implement the
State Domestic Prepazedness Shategic Plan ofNovember 2001.
The State of North Carolina, Department of Crime Control and Public Safety (COPS), Division
of Emergency Management (Division of EM) and the County of-Orange enter into an
arrangement by which the Division of EM will provide subgrant funding to the County of
Orange for the costs associated with developing and conducting WMI) exercises
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V. AUTHORITY
The parties enter into this MOA under the authority of the Departments of Commerce, Justice,
and State, the Judiciazy, and Related Agencies Appropriations Act, 1994 (Div. A, Sec 101(B) at
112 Stat. 2681-50), Depaztment of Justice Appropriations Act, 1999 (Div A, Sec 101(B), Title I
at 112 Stat. 2681-50}; the U S Depaziment of Justice, Office of Justice Programs, Office of
Domestic Preparedness, Fiscal Yeaz 2002 State Domestic Prepazedness Program, Program
Guidelines and Application Kit available at http://www.ojp.usdoj gov/odp/docs/02odpkit pdf;
and the N.C. Emergency Management Act, Chapter 166A of the North Cazolina General
Statutes
VI. DEITIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL
AND PUBLIC SAL~'ETY, DIVISION OF EMERGENCY MANAGEMENT
The Department of Crime Control and Public Safety, Division of Emergency Management agee
to provide funding to the County of Orange for the costs associated with developing and
conducting WMD exercises as described in Attachment A
VH. DUTIES AND RESPONSIBILITIES OF ORANGE COUNTY
The County of Orange agrees to:
A. Inem costs and expenses in accordance with the allowable expenses listed in Attachment
A and as outlined in the U. S Depaztment of Justice, Office of Justice Programs, Office of
Domestic Preparedness, Fiscal Year 2002 State Domestic Prepaz'edness Program,
Program Guidelines and Application Kit available at
http://www ojp.usdoj.gov/odp/docs/02odpkit.pdf The purchase or acquisition of any
materials, equipment, accessories or sugplies, or the provision of any paining in excess of
what is provided for by this grant shall be the sole responsibility of Orange County, and
shall not be reimbursed under this MOA
B Upon receipt of invoices for items proem ed, the county shall submit a letter to the
Division of EM Justice grants coordinator requesting reimbursement.
C. Complete the exercises by May 2, 2005
D. Provide quazterly progress reports to the North Carolina Division of Emergoncy
Management Reports shall indicate the status and completion date for the costs
associated with developing and conducting WN1D exercises, any problems or
circumstances affecting completion dates, or the scope of work, or the project costs, and
any other factors reasonably anticipated to result in noncompliance with the terms of the
MOA.
E All original records pertinent to this MOA shall be retained by Orange County
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for three years following the date of termination of this MOA, with the following
exception: If any litigation, claim or audit is stazted 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
VIII. F[7NDING AND COMPENSATION
The Depaztment of Crime Control and Public Safety, Division of Emergency Management will
provide funding to the County of Orange, for the actual costs incurred, not to exceed three
thousand dollars ($3,000) for the costs associated with developing and conducting WMD
exercises as described in this MOA. Funds will be provided by the State of North Carolina,
Depaztment of'Ctime Control and Public Safety, Division of'Emergency Management, Budget
Code 5.36-02 The allocation of funds will be from the DOI FY 2002 Statewide Domestic
Prepazedness Grant All terms and conditions of this Agreement aze dependent upon and subject
to the allocation of funds from DOI, OTP and the Department of Crime 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 OiTice of the Assistant Attorney General, O.TP regulations under the State
Domestic Prepazedness Progam for Federal fiscal year 2002 and in accordance with the U.S
Depaztment of Justice, Office of Iustice Programs, Office of Domestic Prepazedness, Fiscal Yeaz
2002 State Domestic Preparedness Program, Program Guidelines and Application Kit available
at http://www.ojp.usdoj.gov/odp/does/02odpkit.pdf
IX. MODIFICATION OF THE AGREEMENT
Modification of this Agreement must be in writing and upon approval of both pazties.
X. PROPERTY
The County of Orange shall be responsible fot 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 to the extent permitted by the
North Cazolina Tort Claims Act..
All confidential information of either pazty 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 pazties, the other pazty's confidential
information without written authorization to do so from the other party Specifically excluded
from such co~dential treatment shall be information which: (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 party; (iii) is lawfully disclosed to the
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receiving pazty by a third pazty 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.
XI. COMMUNICATIONS
To provide consistent and effective communication between the County of Orange and the
Depaztment of Crime Conrol and Public Safety, Division of Emergency Management, each
pazty shall appoint a Principal Representative(s} to serve as its central point of contact
responsible for coordinating and implementing this MOA. The Depaztment of Crime Control
and Public Safety, Division of Emergency Management contacts shall be Dr. Kenneth B Taylor,
Director, and Mr David Skordinski, .Tustice Grants Manager. the county contact shall be
Mr. Rod Visser', Emer eency Management Director
After receipt by the Division of Emergency Management of the signed MOA, the Division of
Emergency Management will execute this MOA and return a copy to the recipient who is
responsible for the adminishation of this MOA
Mailing Address:
Mr. Rod Visser
Emergency Management Duector
Orange County Emergency Management
Post Office Box 8181
Hillsborough, NC 27278
XII. SUBCONTRACTING AND SUBGRANTING
If the County of Orange subcontracts or subgrants any or al] of the work required under this
Agreement, the County of Orange agrees to include in the subcontract or subgrant that the
subcontractor/subgantee is bound by the terms and conditions of this MOA The County of
Orange agees to include in the subcontract/subgrant that the subcontractor/subgrantee shall hold
the Depaztment of Crime Control and Public Safety, Division of Emergency Management
harmless against all claims of whatever nature arising out of the subconhactor's performance of
work under this MOA, to the extent allowed and required bylaw. If the County of Orange
subcontracts/subgrants, a copy of the executed subcontract/subgrant agreement must be
forwarded to the Division of Emergency Management within ten (10) days of execution of said
subcontract/subgrant Contractual arrangement shall in no way relieve the County of Orange of
its responsibilities to ensure that al] 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,
conditions and restrictions of the USDOJ, OJP, Office of Domestic Prepazedness
XIII. COMPLIANCE WITH LAW
The County of Orange shall be wholly responsible for the work to be performed under this MOA
grid for the supervision of its employees and assistants. The County of Orange shall be
responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing
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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.
XIV. WA1212ANTY
The County of Orange shall hold the Depaztment of Crime Control 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 Cazolina
Tort Claims Act.
XV. ANTITRUST LAWS
This Agreement is entered into in compliance with al] State and Federal antitrust laws.
XVI. TERMINATION
This MOA shall be in effect from the date of execution to May 2, 2005. This MOA maybe
terminated upon submission of a 30-day advance written notice of termination.
XVTI. ENTIRE AC>REEMENT
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. EXECiJTION
This MOA will become effecflve upon execution of all pazties to the MOA. The date of
execution shall be the date of the last signature.
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EXECUTED THIS THE AAY OF , 2004.
CONIRACIING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFELY
WITNESS:
WITNESS:
WITNESS:
6Y:
UR KENNETH B. TAYLOR, DIREC, I'OR
DIVISION OF EMERGENCY MANAGEMENI
DATE:
BY: _
GERALD A. RUDISILL, JR,
DEPUTY SECRETARY
DEPARFMENT OF CRIME CONTROL & PUBLIC SAFELY
DAiE<
BY:
ROD VISSER,
EMERGENCY MANAGEMEN i DIRECTOR
THE CO[INIY OF ORANGE
DATE:
APPROVED AS IO PROCEDURES:
BY:
BENNIE AIKEN, CONTROLLER
DEPARTMENT OF' CRIME CONTROL AND PUBLIC SAFEFY
DATE:
APPROVED AS TO FORM SUBJECT TO EXECUF [ON BY GERALD A. RUDISH,L, JR,
DEPUTY SECRETARY OF THE DEPARTMENT OF' CRIME CONTROL AND PUBLFC SAFEFY.
ROY COOPER
ATTORNEY GENERAL OF NORTH CAROLINA
BY:
ASSISTANT ATTORNEY GENERAL
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Attachment A-DOJ Exercise Grant Guidelines
Fiscal Year 2002 Authorized Exercise Cost List
Funds from the exercise allocation may be used to enhance the capabilities of state and local first
responders by coveting the costs of WNID exercises. Allowable costs fall into five distinct
categories:
1 Fliting of full or pazt-time staff or contractors/consultants to support exercise
activities;
2 Oyettime for first response/exercise management personnel involved in the
planning and conduct of exercises;
3 Travel associated with exercise platming and conduct;
4. Supplies consumed during the course of exercise planning and conduct; and;
5 Other costs related to the planning and conduct of exercise activities
Staff' or Consultants - Full or pazt-time staff may be hued to support exercise-related activities.
Payment of salazies and fringe benefits must be in accordance with the policies of the state or
units} of local government and have the approval of the state or the awaz'ding agency, whichever
is applicable. The services of contractors/consultants may also be procured by the state in the
design, development, conduct and evaluation of WMD exercises. The applicant's formal written
proemement policy or the Federal Acquisition Regulations (FAR) must be followed
Overtime -Payment of overtime expenses will be for work performed by awazd (SAA) or sub-
awaz'd employees in excess of the established workweek (usually 40 hours). Further, overtime
payments aze allowed only to the extent the payment for such services is in accordance with the
policies of the state or unit(s) of local government and has the approval of the state or the
awaz'ding agency, whichever is applicable. In no case is dual compensation allowable That is, an
employee of a unit of government may not receive compensation from their unit or agency of
government AND from an award for a single period of time (e.g, 1:00 p m to 5:00 p m.), even
though such work may benefit both activities Fringe benefits on overtime horn's are limited to
FICA, Workman's Compensation and Unemployment Compensation.
Travel -Travel costs (i a ,airfare, mileage, per diem, hotel, etc) az'e allowable as expenses by
employees who are on travel status on official business related to the planning and conduct of the
exercise project(s) These costs must be in accordance with either the Federal or an
organizationally approved travel policy
Supplies -Supplies aze items that aze expended or consumed during the course of the platming
and conduct of the exercise project(s) (e g ,copying paper, gloves, tape, and non-sterile masks)
Other Items -These costs include the rental of space/locations for exercise planning and conduct,
exercise signs, badges, etc
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