HomeMy WebLinkAboutAgenda - 04-01-2003-8hORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 1, 2003
Action Ager~ a j
Item No. 1'1
SUBJECT: Acceptance of Grant Allocation for Domestic Preparedness Program from the
Department of Justice; and Award of Bid for Purchase of Protective Breathing
Apparatus
DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Memorandum of Agreement
11 /12/02 NCDEM Notification Letter
Grant Funding Allocation Chart
Bid Tabulation
INFORMATION CONTACT:
Nick Waters, ext 3030
Pam Jones, 245-2652
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To accept a state pass-through grant allocation in the amount of $55,582 to
purchase equipment and perform training for local public safety responders; and to award a bid
for purchase of protective breathing apparatus.
BACKGROUND: The U.S. Department of Justice (DOJ) awarded the State of North Carolina
funding for equipment and training exercises through the FY 2002 State Domestic
Preparedness Program. The program is designed to improve domestic terrorism preparedness
through the purchase of equipment for first responders, as well as providing funding for
weapons of mass destruction (WMD) training exercises. Funding is allocated on a DOJ formula
of 80% for local government and 20% for state use. This money was allocated to the County
under the guidelines of the U.S. Department of Justice without grant applications having to be
made. The accompanying memorandum of agreement between the County and the North
Carolina Division of Emergency Management lays out the conditions for the grant funding.
Orange County Emergency Management staff conducted meetings to determine a Countywide
need to which the grant allocation could be applied. Participants in the meetings included
representatives of Chapel Hill fire and police, Carrboro fire and police, UNC and Hospital Police,
Orange County Sheriff and Hillsborough Police. Input was also received from the Orange
County Health Department. All parties agreed that protection of first line responders was of
primary importance and that protective breathing apparatus in the form of air purifying
respirators should be requested. The respirators specified by the various agencies allow the
filters to be located to the right, left or center of the units, thereby allowing greater flexibility to
the first responder in their operation of other equipment that may be required. By way of
example, this equipment could be of particular value in circumstances that might require
emergency responders to investigate incidents involving the presence of suspicious substances
or in cases of accidental industrial chemical releases.
The County has opted to bid the respirators separately rather than to wait the approximately 30-
60 days until the State has bid and approved a contract for purchase. The delivered bid price
obtained by Orange County is $106.95 per unit. This unit cost will allow the County to purchase
462 respirators and provide them for front line protection to fire, EMS, law enforcement and
health care workers as may be needed; as well as to purchase an additional 42 filters to retrofit
existing respirators.
FINANCIAL IMPACT: There is no County match required for the receipt of this State-
administered Federal allocation. The County will seek reimbursement from the State pursuant
to terms of the grant. Grant funding for equipment in the amount of $50,610 has already been
appropriated in the Emergency Management Department operating budget by means of an FY
2002-03 budget amendment previously approved by the Board of Commissioners. Grant
funding in the amount of $4,972 for WMD training exercises will be appropriated in the
departmental budget by means of a subsequent FY 2002-03 budget amendment.
RECOMMENDATION(S): The Manager recommends that the Board:
• Accept the grant allocation award; and
• Authorize the Manager to sign the memorandum of agreement and any documents
related to reimbursement of grant-funded expenses from the State of North Carolina; and
• Award a bid for the protective breathing apparatus to Safeco, Inc., Raleigh, NC, in the
amount of 50,540.35; and
• Authorize the Purchasing Director to sign paperwork to effect the purchase.
1: uuQ ;ode: 536 3
Services: $50,610
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 preparedness for a response to an act of terrorism within the State of North
Cazolina, funding has been allocated for the procurement of equipment. This equipment will be
used on-scene of an emergency by first responders in their effort to protect human life, property,
and the environment.
II. PURPOSE
The Department of Crime Control 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 procurement of weapons of mass destruction (WMD) preparedness equipment.
III. PARTIES
The parties to this Memorandum of Agreement (MOA) are: North Carolina:-Department of
Crime Control 8t Public Safety, Division of Emergency Management and the County of Orange,
Emergency Management Agency.
IV. BACKGROUND
The U.S. Department of Justice (DOJ), through the Office of the Assistant Attorney General,
Office of Justice Programs (OJP) has made funds available to implement the State Domestic
Preparedness Strategic Plan of November 2001.
The State of North Carolina, Department of Crime Control and Public Safety (CCPS), Division
of Emergency Management (Division of E1vI) 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 procurement of W1VID preparedness equipment.
V. AUTHORITY
The parties enter into this MOA wader the authority of 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), Department of Justice Appropriations Act, 1999 (Div. A, Sec. 101(B), Title I
at 112 Stat. 2681-50; the U.S. Department of Justice, Office of Justice Programs, Office of
Domestic Preparedness, Fiscal Year 2001 and 2002 State Domestic Preparedness 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 Carolina General Statutes.
VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT' OF CRIME
CONTROL AND PUBLIC SAFETX, DIVISION OF EMERGENCY MANAGEMENT
The Department of Crime Control and Public Safety, Division of Emergency Management
agrees to provide reimbursement to the County of Orange for the purchase of ~1VMD
prepazedness equipment as described in Attachment A.
VZI. DUTIES AND RESPONSIBILTtIES OF ORANGE COUNTY EMERGENCY
MANAGEMENT
The County of Orange agrees to:
A. Procure equipment as indicated in this MOA for the enhancement of their WNID
preparedness.
B. Procure the equipment as irdicated in Attachment A. The County of Orange shall order,
receive, inspect, and stage the items at its own facility. Funds for recurring expenses
(e.g., maintenance, calibration, etc.) are not included in this grant. The purchase or
acquisition of any additional materials, equipment, accessories or supplzes, or the
provision of any brauung, shall be the sole responsibility of the County of Orange and
shall not be reimbursed under this MOA.
C. The County of Orange shall submit invoices for items received and monthly cost reports
to the Division of EM Justice grants coordinator requesting reimbursement. The
Departmernt of Crime Corrirol and Public Safety, Division of Emergency Management
will reimburse the County of Orange for eligible costs in increments of Five Hundred
Dollars ($500.00) or greater.
D. Maintain inventory control of all items.
E. Complete the pzocurements by the end of the grant period, March 30, 2004.
F. Provide progress reports to the Division of EM Area Coordinator every 90 days from the
date of execution of this MOA. Reports shall indicate the status and completion date for
the procurement and distn`bution of equipment, anry problems or cizcwmstances affecting
completion dates, oz the scope of work, or the pzoject costs, and nay other factors
reasonably anticipated to result in noncompliance with the terms of the MOA.
Page 2 of 6
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G. All original records pertinent to this MOA shall be retained by the County of Orange
three years following the date of termination of this MOA, 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 invoh~ing the records have been resolved.
VIO. FUNDING AND COMPENSATION
The Department of Crime Control and Public Safety, Division of Emergency Management will
reimburse the County of Orange for the actual costs incurred, not to exceed Fifty Thousand Six
Hundred and Ten Dollars ($50,610.00), to procure WMD preparedness equipment as described
in this MOA.Funds will be provided by the State of North Carolina, Department of Crime
Control and Public Safety, Division of Emergency Management, Budget Code 536-02. The
allocation of funds will be from the DOJ FY 2002 Statewide Domestic Preparedness Grant. All
terms and conditions of this Agreement are dependent upon and subject to the allocation of funds
from DOJ, OJP and the Department of Crime Control and Public Safety, Division of Emergency
Management for the purposes set forth and the MO.A, shat] automatically terminate if funds cease
to be available. Allowable costs shall be deter~rtined in accordamce with the Office of the
Assistant Attorney General, OJP regulations under the State Domestic Preparedness Program for
Federal fiscal year 2001 or 2002 and the U.S. Department of Justice, Office of Justice Programs,
Office of Domestic Preparedness, Fiscal Year 2001 or 2402 State Domesric Preparedness
Program, Program Guidelines and Application Kit available at
http://www.ojp.usdoj.gov/odp/docs/02odpkit.pdf.
IX. MODIFICATION OF THE AGREEMENT
Modification of this Agreement must be in writing and upon approval of both parties.
X. PROPERTY
All property fiirnished under this agreement shall become the property of the County of Orange.
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 Divisiom of
Emergency Management for any loss or damage to said property to the extent permitted by the
North Carolina Tort Claims Act.
All confidential infomaation of either parry 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 parties, the other party's con5derrtial
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; (iu~ is lawfully disclosed to the
receiving party by a third party who is not obligated to retain such information iat confidence; or
Page 3 of 6
ICJ
(iv) is independently developed at the receiving party by someone not privy to the confidential
information.
XI. COMMUN)<CA,T)<ONS
To provide consistent and effiective 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 implemenRi~g this MOA. The Department of Crime Control
and Public Safety, Division of Emergency Management contacts shall be Dr.' Kenneth B. Taylor,
Director, and Mr_ David Skordinski, Justice Grants Coordinator. The County of Orange contact
shall be Mr. John M. Link, Jr County Iyiana~er.
XII. SUBCONTR.A.CTZNG AND SUBGRANTING
If the County of Orange subcontracts or subgrarrts any or all of the work required under this
Agreement, the County of Orange agrees to include in the subcontract or subgrant that the
subco~atxactor/subgrantee is bound by the terms and conditions of this MOA,. The County of
Orange agrees to inchide 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 ]aw. If the County of Orange
subcontracts/subgrants, acopy ofthe executed subcontract/subgrant agreement must be
forwarded to the Division of Emergency Management within ten (10) days of execution of said
subcorrtract/subgrant. Contractual arrangement shall in no way relieve the Coutrty 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 restrictitons of the USDOJ, OJP, Office of Domestic Preparedness.
XIII. COMPLIANCE wITH LAw
The County of Orange shall be wholly responsible for the work to be performed under this lVIOA
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.
XIV. WARRA.NTI'
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 nay occur from or
in connection with the performance of this MOA to the extent permitted by the North Carolina
Tort Claims Act.
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_ ~~~~.. i~4~l~vl 11141Y11
XV. ANTITRUST LAWS
This ,Agreement is entered into in compliance with all State and Federal antitrust laws.
XVI. TERMINATION
This MOA shall be in effect from the date of execution to March 30, 2004. This MOA may be
terminated upon submission of a 30-day advance written notice of termination.
XVII. ENTIRE AGREEMENT
This Agreement and a~ exhibits and amendments annexed hereto and any documents
incorporated specifically by reference represents the entire agreement between the parties and
supersede aIl 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.
EXECUTED THIS THE DAY OF , 2003.
CON'rItACTIlVG AGENCY
DIwISION OP F,MEItGENCY MANAGEMENT
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY
wzrlvESS:
DATE:
RTINESS:
DATE:
SY:
DR KENNETH B. TAYLOR, DIRECTOR
DIVISION OF EMERGENCY MANAGEMENT
wD.LIA.M A. DUDLEY,
CHIEF DEPUTY SECRETARX
DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY
BY:
DA'I'S:
JOHN M. LINK, JR.,
COUNTY MANAGER
THE COUNTY OF ORANGE
BY:
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APPROVED AS TO PROCEDURES:
BY:
~p J, NCREXt, CONTROLLER
DEPARTMENT OF C-tIME CONTROL AND PUBLIC SAFETY
DATE:
APPROVED AS TO FOR1rI STIB.TECT TO EXECUTION BY WII,LIAM A. DUDLEY, CHIEF
DEPU'CY SECRETARX OF TAE DEPARTMENT OF CRIME CONTROI. AND PUBLIC SAFETY.
ROY COOPER ~
ATTORNEX GENERAL OF 1~IORTA CAROLINA
BY:
ASSISTANT ATTORNEY GENERAI.
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North Carolina Department of Crime Control and Public Safety
Division of Emergency Management
4713 Mail Service Center • Raleigh, NC 27699-4713
Michael F. Easley
Governor
November 12, 2002
Nick Waters
Orange County Office of Emergency Management Services
PO Box 8181
Hillsborough, NC 27278
Dear Mr.Waters,
Bryan E. Beatty
Secretary
This letter and the attached information is the final program guidance for the FY2002 DOJ State
Domestic Preparedness Program Grant. This program is designed to improve domestic terrorism
preparedness through the purchase of equipment for first responders, as well as providing funding for
weapons of mass destruction (WMD) training exercises. Enclosed is a CD-ROM containing an
Information Packet in Acrobat and Word formats and the equipment grant application. The Information
Packet contains the rules and guidance for the eligible equipment and exercise portions of this grant and
information on equipment available through existing state contracts. Detailed assistance for the
installation and use of the grant application is available in Appendix C of the Information Packet.
Please remember that completed equipment requests are due to your NCEM Area Coordinator by
February 1, 2003. Grant award amounts are contained in the introductory letters for this program, which
were provided to the counties and the Eastern Band of the Cherokee Indians in mid-August. If you have
any questions, please contact your Area Coordinator or Branch Manager.
~cerely,
r------.
~~~
Dr. Kenneth B. Taylor,
Director
CC: Branch Managers
Area Coordinators
Doug Hoell
Thad Bryson
Don Needham
James Self
Location: 116 West Jones Street • Raleigh, NC 27603-1135 (919) 733-3867
An Equal Opportunity/Affirmative Action Employer
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Jurisdiction Emergency
Mana er Equipment
Allotment Exercise
Allotment Total
Allotment
Johnston Count Dewa ne West $ 35,985 $ 3,535 $ 39,521
Jones County Carol Tyndall $ 9,391 $ 923 $ 10,313
Lee Count Warren Lee $ 28,789 $ 2,828 $ 31,617
Lenoir Count Elmer Dail $ 13,669 $ 1,343 $ 15,012
Lincoln Count Susan S ake $ 21,059 $ 2,069 $ 23,128
Macon Count Warren Cabe $ 10,889 $ 1,070 $ 11,958
Madison Count Brenda Kirk atrick $ 16,647 $ 1,635 $ 18,282
Martin Count Ton Ro ers $ 17,161 $ 1,68b $ 18,847
McDowell Count Carroll Hem hill $ 31,390 $ 3,084 $ 34,474
Mecklenburg County Wayne Broome $ 102,549 $ 10,074 $ 112,623
Mitchell Count Eric Wiseman $ 16,756 $ 1,646 $ 18,402
Mont ome Count Lee Matthews $ 17,109 $ 1,681 $ 18,790
Moore Count Stedman Meares $ 20,331 $ 1,997 $ 22,329
Nash Coun Brian Brantle $ 28,395 $ 2,790 '$ 31,185
New Hanover Count Dan Summers $ 61,503 $ 6,042 $ 67,545
Northam ton Count Ronald Store $ 29,626 $ 2,911 $ 32,537
Onslow Count Dou las Bass $ 38,552 $ 3,787 $ 42,340
Oran e Coun Nick Waters $ 50,610 $ 4,972 $ 55,582
Pamlico Count David S ruin $ 9,781 $ 961 $ 10,742
Pas uotank Count Christ Saunders $ 18,918 $ 1,859 $ 20,777
Pender Count Carson Smith $ 30,671 $ 3,013 $ 33,684
Per uimans Count H Winslow $ 16,241 $ 1,596 $ 17,837
Person County Terry Fuller $ 11,592 $ 1,139 $ 12,730
Pitt Count Bobb Jo ner $ 24,588 $ 2,416 $ 27,004
Polk Count Sandra Halford $ 29,879 $ 2,935 $ 32,814
Randol h Count Neil Allen $ 36,894 $ 3,624 $ 40,518
Richmond Count Frank McKa $ 18,760 $ 1,843 $ 20,603
Robeson Count David Carter $ 35,844 $ 3,521 $ 39,365
Rockin ham Count Steven Hale $ 21,984 $ 2,160 $ 24,143
Rowan Count Wa ne Ashworth $ 38,027 $ 3,736 $ 41,763
Rutherford Count Ba Davis $ 19,754 $ 1,941 $ 21,695
Sam son Count Ra Honrine $ 25,246 $ 2,480 $ 27,726
Scotland Count Roylin Hammond $ 11,942 $ 1,173 $ 13,116
Stanl Count Aaron Deese $ 19,982 $ 1,963 $ 21,945
Stokes Count Rick Tuttle $ 12,263 $ 1,205 $ 13,468
Su Count John Shelton $ 33,388 $ 3,280 $ 36,668
Swain Count David Breedlove $ 16,040 $ 1,576 $ 17,616
Trans lvania Count David McNeill $ 17,589 $ 1,728 $ 19,317
Tyrrell County Buddy Swain $ 8,960 $ 880 $ 9,840
Union County Janet Tucker $ 32,375 $ 3,181 $ 35,556
Vance Count Brian Short $ 32,441 $ 3,187 $ 35,628
Wake Count Martin Chriscoe $ 98,945 $ 9,720 $ 108,665
Warren Count David Askew $ 23,138 $ 2,273 $ 25,411
Washin ton Count Ann Ke es $ 16,262 $ 1,598 $ 17,860
Watau a Count Lisa Danner $ 25,482 $ 2,503 $ 27,986
Wa ne County Joe Gurley $ 30,240 $ 2,971 $ 33,211
Wilkes Count Suzanne Hamb $ 19,607 $ 1,926 $ 21,533
Wilson Count Gordon Deno $ 47,208 $ 4,638 $ 51,845
Yadkin County Dale Trivette $ 31,314 $ 3,076 $ 34,391
Yancey County L.J. McEntyre $ 16,704 $ 1,641 $ 18,3451
Grand Total ~- 2,785,000 $ 273,600 ~ $ 3,058,600
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