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HomeMy WebLinkAboutAgenda - 01-26-2004-9aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 26, 2004 Action Agenda Item No. `A -q 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): Grant Transmittal Letter Memorandum of Agreement Annex B, Subgrant Forms List of Allowable Equipment (under separate cover) INFORMATION CONTACT: Nick Waters, ext 3030 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 $363,908 to reimburse Orange County for 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 2003 State Homeland Security Grant Program Part II. 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. Orange County's allocation from the State of North Carolina for this award is $363,908 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. Orange County staff facilitated a meeting on January 20, 2004 to begin determining the needs of response agencies within the County. Invited to the meeting 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. These members have begun developing purchase requests choosing from a selection of equipment from the Approved Equipment List provided by the U.S. Department of Homeland Security. All equipment requests are chosen under the concept that whatever is ultimately purchased may be used by any agency in the County. It should be noted that the funding available under this grant cannot be used to purchase backup generators for buildings 7 or related infrastructure improvements. The County has submitted a request for generator funding through a different grant, Preliminary indications are that Orange County will receive favorable consideration of a portion of the grant funding it has requested for emergency power enhancements. Formal notification and acceptance of those grant funds are expected later this spring. Two similar equipment and training grant projects were undertaken in FY 2002-03, using the same approach as for this proposed grant acceptance.. Through these two grants, the BOCC accepted $172,235 in funding for the County distributed through the Department of Justice (now Department of Homeland Security) for terrorism preparedness equipment, exercise costs, and training expenses. The County used a similar consultative process during these past two grant awards for determining emergency response agency needs. The decision was made to purchase gas masks and accessories for use by community public safety and emergency response personnel, other personal protective equipment, chemical detection devices, and computer-based incident management programs. The gas masks have been received and were distributed to users on August 19, 2003. Staff is currently in the process of ordering the equipment from the most recently approved grant. An exercise design team is developing a series of 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 are expected to occur this summer. Training for emergency responders is being scheduled to provide all interested responders with the necessary skills and information to increase the capability to act in a terrorism awareness and response capacity. Other more advanced training classes are expected to occur throughout the year. 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. 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 Nick Waters, 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. 9 3 North Carolina Department of Crime Control and Public Safety Division of Emergency Management 4713 Mail Service Center • Raleigh, NC. 27699-4713 Michael F. Easley Bryan E. Beatty Governor Secretary November 19, 2003 Mr. John M. Link, Jr. Orange County P 0, Box 8181 Hillsborough, NC 27278 Re: US DHS FY2003 SHSGP Part II Grant Transmittal Latter Dear Mr. Link: This letter provides the Memorandum of Agreement (MOA) between the Department of Crime Control and Public Safety, Division of Emergency Management and the County of Orange for funding under the Department of Homeland Security (DHS) FY2003 State Homeland Security Grant Part If (SHSGP II). This program is designed to improve domestic terrorism preparedness through the purchase of equipment for first responders, as well as to provide funding to train and exercise for chemical, biological, radiological, nuclear, and explosive (CBRNE) incidents. Attached to the MOA are the following: 1) Annex A: NC Subgrant Instructions; 2) Annex B: Subgrant Forms; and 3) Annex C: Federal Guidelines. The Agreement between the parties includes this transmittal letter, MOA, Annex A, Annex B, and Annex C. The Agreement is complete only when you take these five elements as a whole If the county chooses to participate, please sign the Memorandum of Agreement, Designation of Agent and Designation ofa Point of Contact Form, and give these forms to your NCEM Area Coordinators not later than January30, 2004. The NCEM Area Coordinator will then route them through the Branch Offices to the NCEM Homeland Security Branch Manager. Failure to meet this date could result in the grant funds being unencumbered and used for other counties The Designation of Agent Form allows the County Manager to delegate grant signature authority and a Point of Contact Form to designate a person who will be in day-to-day contact with NCEM. These forms are in Annex B, NC Subgrant Forms. If the county chooses not to participate, please sign the Declination Form in Annex B and return it to the NCEM Area Coordinator not later than January 30, 2004.. The CD-ROM included in this application package contains all three Annexes Instructions on grant application procedures are contained in Annex A. An internet web tool will be used for the first time to submit detailed worksheets. This online web tool will streamline the grant application process. Counties may submit equipment, exercise, training, and planning deliverables at any time before the deadlines. The schedule deadlines are found in Appendix A to Annex A. If you have any questions, or need further information, please contact your NCEM Area Coordinator, Branch Manager, or the NCEM Homeland Security Branch Manager, Doug Boyd. mcerely, Dr Kenneth Taylor, y? Director Attachments (4): Memorandum of Agreement and three Annexes (A-C), CD-ROM containing Annex A, B, and C Location: 116 West Jones Street • Raleigh, NC 27603-1135 • (919) 733-3867 An Equal Opportunity/Affirmative Action Employer Appendix .A Sub-Grants for First Responder Preparedness to NC Counties and Eastern Band of Cherokee Indiana Jurisdiallon Population Grant Jorlad1000n Population Grant Apr 2D00 amount Apr 2000 amount AIAMANCE 130,80 $402,608 JACKSON 28,881 291,975 ALEXANDER 33,603 103,431 JOHNSTON 121,965 375,413 ALLEGHANY 10,877 32,864 JONES 10.381 31,953 ANSON 25,275 77,790 LEE 49,040 150,947 ASHE 24,384 75,055 LENOIR 59,648 183,599 AVERY 17,167 62,841 LINCOLN 63,780 186,318 BEAUFORT 44,958 138,383 MACON 29,811 91,780 SERTIE 19,773 68,882 MADISON 19,835 60,437 BLADEN 32,278 99,353 MARTIN 25,593 78,776 BRUNSWICK 73,143 225,137 MCDOWELL 42,151 129,743 BUNCOMBE 288,330 635,093 MECKLENBURG 895,454 2,140.637 BURKE 89,148 274,401 MITCHELL 15,887 48,285 GABARRUS 131,083 403,418 MONTGOMERY 26,522 82,559 CALDWELL 77,415 238,287 MOORE 74,789 230,142 CAMDEN 8,885 21,192 NASH 87,420 289,082 CARTERET 60,383 102,783 NEW HANOVER 160,307 493,432 CASWELL 23,601 72,337 NORTHAMPTON 22,088 67,982 CATAWBA 141,885 436,112 ONSLOW 150,356 462,799 CHATHAM 49,329 151,837 ORANGE 118,227 363,908 CHEROKEE 24,047 74,618 PAMLICO 12,934 39,811 CHOWAN 14,626 44,712 PA6000TANK 34,897 107,414 CLAY 8,776 27,010 FENDER 41,082 126,462 CLEVELAND 98,287 298,375 PEROUIMANS 11,388 34.991 COLUMBUS 64,749 168,520 PERSON 35,523 133 798 109,649 636 411 CRAVEN CUMBERLAND 91,438 302,983 281,444 932,633 PITT POLK , 18,324 , 68,402 CURRLTUCK 18,190 65,990 RANDOLPH 130,464 401.643 DARE 29,967 92,240 RICHMOND 46,664 143,326 DAVIDSON 147,246 463,229 ROBESON 123,338 379,643 DAME 34,835 107,224 ROCKINGHAM 91,926 282,958 DUPLIN 49,063 151,018 ROWAN 130,340 401,102 FBRI 223,314 687,370 ?G 62,899 193,605 EBCI 8,092 SAMPSON D,161 185,176 EDGECOMBE 65.608 171,158 SCOTLAND 35,998 110,03 FORSYTH 300,057 942,087.. STANLY S 58,100 711 44 178,834 622 137 FRANKLIN 47,260 365 190 145,488 962 685 STOKE BURRY , 71,219 , 219,215 GASTON GATES , 10.816 , 32,369 SWAIN 8,845 27,225 GRAHAM 7,516 23,131 TRANSYLVANIA 29,334 80,291 GRANVILLE 48,498 149,279 TYRRELL UNION 4,149 677 123 12,771 380,683 GREENE GUILFORD 18,074 421,048 58,403 1,298,004 VANCE , 42,954 132,214 PAU FAX 67,370 176,887 WAKE 627,848 1,932,537 HARNETT 91,025 260,179 WARREN O 19,972 723 13 61,476 240 42 HAYWOOD 54,033 173 89 168,318 478 274 WASHINGT N WATAUGA , , HENDERSON HERTFORD , 22,601 , 09,557 WAYNE 115,329 348 831 HOKE 33,648 103,564 WILKES 65,632 202,018 HYDE 6,026 11,933 WILSON 73,814 38 348 227,203 881 111 IREDELL 122,660 377,653 75 YADKIN YANCEY , 17.774 , 54,709 JACKSON 29,881 91,9 totals 5,049,313 524,770,128 5 Department of Homeland Security FY2003 State Homeland Security Grant Program (SHSGP) PART II 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 Area Coordinator) FY2003 DHS SHSGP Part II Memorandum of Agreement 1 of 6 I. PURPOSE The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and procedures to implement the terms of the Department of Homeland Security (DHS), Office of Domestic Preparedness (ODP), FY2003 State Homeland Security Grant Program (SHSGP) Part II. A copy of the complete federal grant instructions is provided as Annex C, attached and incorporated by reference herein. II. 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 The Department of Homeland Security (DHS), through the Office of Domestic Preparedness (ODP), in accordance with the authorities listed below, created the FY2003 State Homeland Security Grant Program Part II, also known as the Supplemental 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, nuclear, and explosive (CBRNE) terrorism events. IV. AUTHORITY The parties enter into this MOA under the authority of the following: 1) Public Law 108-11, the Wartime Supplemental Appropriations Act of 2003; 2) Public Law 107-56, the USA Patriot Act of 2001; 3) Public Law 107-296, the Homeland Security Act of 2002; 4) the implementing regulations of each Act or Law, if any; 5) the U.S. Department of Homeland Security, Office of Domestic Preparedness, FY2003 State Homeland Security Grant Program Part 11 Guidelines and Application Kit available at http://www.oip.usdoi.gov/odu/does/fy03shsgp2.pdf' 6) applicable ODP Information Bulletins; and 7) the N.C. Emergency Management Act, Chapter 166A of the North Carolina General Statutes.. V. DUTIES & RESPONSIBILITIES OF THE DIVISION OF EMERGENCY MANAGEMENT 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. FY2003 DHS SHSGP Part II Memorandum of Agreement 2 of 6 VI. FUNDING AND COMPENSATION All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds from DHS, ODP and the Department of Crime Control and Public Safety, Division of Emergency Management 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, FY 2003 State Homeland Security Grant Program Part II Guidelines and Application Kit (Annex C). The Federal Department of Homeland Security will reimburse the State of North Carolina for expenses that were approved on Detailed Budget Worksheets as explained in the FY2003 SHSGP Part II. 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 Subgrant Instructions in Annex A, attached and incorporated by reference herein, describe the Detailed Budget Worksheets and how they are prepared 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 $363,908, Three hundred sixty-three thousand, nine hundred eight 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 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 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 bought 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 of Emergency Management contacts shall be Dr, Kenneth B. Taylor, Director, and Mr. Don Needham, Information and Planning Chief The County of Orange 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 FY2003 DHS SHSGP Part H Memorandum of Agreement 3 of 6 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 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 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 other 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 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. X. SUBCONTRACTING AND SUBGRANTING If the County of Orange subcontracts or subgrants any or all of the work required under this Agreement, the County of Orange agrees to include in the subcontract or subgrant that the subcontractor/subgrantee is bound by the terms and conditions of this MOA. The County of Orange agrees to include in the subcontract/subgrant that the subcontractor/subgrantee shall hold the Department of Crime Control 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 required by law, 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 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, conditions and restrictions of the U.S. Department of Homeland Security, Office of Domestic Preparedness, FY 2003 State Homeland Security Grant Program Part II Guidelines and Application Kit (Annex Q. 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 County 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. FY2003 DHS SHSGP Part H Memorandum of Agreement 4 of 6 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 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 April 30, 2005, This MOA may be terminated upon submission of a 30-day advance written notice of termination, IfDHS suspends or terminates funding in accordance with Section VI, paragraph B5 of the U3S. Department of Homeland Security, Office of Domestic Preparedness, FY 2003 State Homeland Security Grant Program Part II 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 Agreement 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, 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. FY2003 DHS SHSGP Part 11 Memorandum of Agreement 5 of 6 10 EXECUTED THIS THE _DAY OF 200_ CONTRACTING AGENCY DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY WITNESS: WITNESS: BY: BY: GERALD A. RUDISILL, JR., DEPUTYSECRETARY DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY DATE: WITNESS: BY: DR. KENNETH B. TAYLOR, DIRECTOR DIVISION OF EMERGENCY MANAGEMENT DATE: JOHN M. LINK, JR. COUNTY MANAGER THE COUNTY OF ORANGE COUNTY TAX ID N FR-Fnnm97 DATE: APPROVED AS TO PROCEDURES: BY: FRED J.. TUCKER, CONTROLLER DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY DATE: APPROVED AS TO FORM SUBJECT TO EXECUTION BY GERALD A. RUDISILL„IR, DEPUTY SECRETARY OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY. ROY COOPER ATTORNEY GENERAL OF NORTH CAROLINA BY: ANT ATTORNEY GENERAL FY2003 DHS SHSGP Part 11 Memorandum of Agreement 6 of 6 11 US Department of Homeland Security FY2003 State Homeland Security Grant Program (SHSGP) Part II ANNEX B to the Memorandum of Agreement North Carolina Subgrant Forms (Return completed forms to NCEM Part II Program Manager) Attn: NCEM FY2003 SHSGP II Program Manager 4713 Mail Service Center Raleigh, NC 27699-4713 DHS FY2003 SHSGP Part II Annex B: Subgrant Forms I of 7 12 Designation of Agent Form As County Manager of Orange County I designate the following person: Name: Nick Waters Title: Emergency Management Director Address: P.O. Box 8181 City & Zip: Hillsborough 27278 Telephone: 919-968-2050 Fax: 919-968-4066 Email: nwaters@co.orange.nc.us to be my Designated Agent for the DHS FY2003 SHSGP Part H. The above-listed person may sign and submit documents related to this grant. Restrictions (If none, write none): None NCEM recommends that the County Emergency Manager be identified as the Designated Agent. DHS FY2003 SHSGP Part II Annex B: Subgrant Forms 2 of 7 13 I designate the following person: Designation of a Point of Contact Form Name: Eric Griffin Title: Emergency Management Specialist Address: P.O. Box 8181 City & Zip: Hillsborough 27276 Telephone: 919-968-2n62 Fax: 919-968-4066 Email: egriffinGco.orange.nc.us 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 NCEM 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 FY2003 SHSGP Pan 11 Annex B: Subgrant Forms 3 of 7 14 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 for 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 county agencies and first responder agencies in the other municipalities were provided an opportunity to participate in this grant program. Orange County 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. Town of Chapel 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. City Manager Signature City Manager Signature Town of Carrboro Jurisdiction Town of Hillsborough Jurisdiction Date Date DHS FY2003 SHSGP Part 11 Annex B: Subgrant Forms 5 of 7 15 Discipline Points of Contact Form To assist the State in preparing reports to DHS 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 Medical Agencies (EMA) (name of contact person) (phone number) -------------- (agency / organization) -------------------- ------------ Fire Services (FS) (name of contact person) (phone number) -------------- (agency / organization) -------------------- ------------ DHS FY2003 SHSGP Part 11 Annex B: Subgrant Fomrs 6 of 7 16 Discipline Points of Contact (continued) Signatures are not required. Hazardous Materials (HZ) (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) ---------------------------------------------- Health Care (HC) (name of contact person) (phone number) (agency / organization) ---------------------------------------------- Public Health (PH) (name of contact person) (phone number) (agency / organization) ---------------------------------------------- I verified the above data is correct. Please SIGN below. (signature of the local emergency management coordinator) (date) DHS FY2003 SHSGP Part 11 Annex B: Subgrant Fortes 7 of 7