HomeMy WebLinkAboutAgenda - 08-19-2003-8SORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 19, 2003
Action Agenda
Item No. _~ ~ 5
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 Award Notification
NCEM Memorandum of Agreement
Annex A, Reimbursement Acceptance
Form
Annex B, Designated Agent Form and
Point of Contact Form
INFORMATION CONTACT:
Nick Waters, ext 3030
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
PURPOSE: To approve acceptance of a State pass-through grant allocation of federal
Homeland Security funds in the amount of $121,625 to reimburse Orange County for the
purchase of equipment, costs of exercises, and training costs 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. 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.
Orange County's allocation from the State of North Carolina for 2003 is $121,625 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 meetings to determine the needs of response agencies within
the County. Participants in the meetings have included 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 for their respective disciplines with the
concept that whatever is ultimately purchased may be used by any agency in the County. A
preliminary list of the types of equipment that would be purchased with these grant funds
includes:
• Radiological monitoring equipment
• Self-contained breathing apparatus for Law Enforcement Special Emergency
Response Teams for the Orange County Sheriff's and Chapel Hill Police
departments
• A computerized Tracking and Event Management System to network the County's
and Towns' emergency operations centers (EOCs)
• A pharmaceutical stockpile for the Orange County Health Department
An exercise subcommittee has been formed from interested members of this planning
committee as well as the public health bioterrorism committee to plan and evaluate the potential
use of funds from the exercise component of the grant. These members will engage in special
training to facilitate their participation in this manner.
Training funds from this grant would be used to retain a contractor to develop a curriculum at a
terrorism awareness level and offer classes to interested first responders within the County.
In an undertaking in FY 2002-03 similar to the approach for this proposed grant acceptance, the
BOCC accepted roughly $50,000 in funding provided through the Department of Justice for
terrorism preparedness equipment. The County used a similar consultative process for
determining emergency response agency needs and the decision was made to purchase gas
masks and accessories for use by community public safety and emergency response
personnel. That equipment has been received, and coincidentally, will be distributed to users in
emergency response agencies during training scheduled for the evening of August 19.
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 Chair to sign Annex A, accepting all portions of the grant award;
• 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.
+•STA1E'o
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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 ~ Bryan E. Beatty
Governor Secretary
July 3, 2003
Mr. Nick Waters
Orange County EM
PO Box 8181
Hillsborough, NC 27278
Re: Letter of Agreement
Deaz Mr. Waters:
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 Program (SHSGP). This program is designed to
improve dcmestic terrorism preparedness through the pwchase of equipment for first responders, as well as to
provide funding to train and exercise for chemical, biological, radiological, nucleaz, and explosive (CBRNE)
incidents. Attached to the MOA aze the following: 1) Annex A: Reimbursement Funding/Declination Form; 2)
Annex B: Designated Agent and Point of Contact Forms; 3) Annex C: NC Subgrant Instructions; and 4) Annex D:
Federal Guidelines. The Agreement between the parties includes this Letter of Agreement, MOA, Annex A, Annex
B, Annex C, and Annex D. The Agreement is complete only when you take these six elements as a whole.
If your local government chooses to participate, please sign the Memorandum of Agreement, Annex A, and Annex
B and return them to the NCEM DHS FY2003 Program Manager no later than August 29, 2003. Failwe to meet this
date could result in the grant funds being unencumbered and used for other counties. Annex B includes a
Designated Agent Form to allow 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. Annex C and Annex D should be kept as
reference materials to assist in the completion of grant deliverables.
If the county chooses not to participate, please sign all three declinations in Annex A: Reimbursement
Funding/Declination Fotm and return it to the NCEM DHS FY2003 Program Manager.
Also included in this package is a CD-ROM containing the Equipment Database and instructions for its use. This
equipment database is to ease the preparation and submission of the Equipment Budget Detail Worksheet. Counties
may submit equipment, exercise, and training deliverables at any time before the deadlines listed in Annex C. If you
have any questions, or need further information, please contact yow Area Coordinator, Ron Campbell, Branch
Manager, Elaine Wathen, or the NCEM DHS FY2003 Program Manager.
cerely,
~'-'~~b~
Dr. Kenneth B. Taylor,
Director
Attachments (7):
Memorandum of Agreement and fow Annexes (A-D), Equipment Database CD-ROM and Instructions
Location: 116 West Jones Smet • Raleigh, NC 27603-1135 • (919) 733-3867
An Equal Oppommity/Affirmative Action Employer
4
Department of Homeland Security FY2003
State Homeland Security Grant Program
(SHSGP) .
Memorandum of Agreement
between the
N.C. Department of Crime Control and Public Safety,
Division of Emergency Management
and
The County of Orange
(return to NCEM no later than August 29, 2003)
Attn: DHS FY2003 SHSGP Manager
4713 Mail Service Center
Raleigh, NC 27699-4713
5
I. PURPOSE
The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and
procedures to implement the terms of t'he Department of Homeland Security (DHS), Office of
Domestic Preparedness (ODP), FY2003 State Homeland Security Grant Program (SHSGP). A
copy of the complete federal grant instructions is provided as Annex D, attached and
incorporated by reference herein. .
II. PARTIES
The parties to this Memorandum of Agreement (MOA) are the North Cazolina Department of
Crime Control & Public Safety, North Cazolina Division of Emergency Management, and the
County of Orange.
III. BACKGROUND
The Department of Homeland Security (DHS), through the Office of Domestic Prepazedness
(ODP), in accordance with the authorities listed below, created the FY2003 State Homeland
Security Grant Program. This program was established to provide federal reimbursements to
state and local governments for the costs associated with purchasing equipment, conducting
exercises, and conducting training for chemical, biological, radiological, nucleaz, and explosive
(CBRNE) terrorism events.
IV. AUTHORITY
The parties enter into this MOA under the authority of the following: 1) Public Law 108-7, the
Omnibus 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 Guidelines and Application Kit
available at htt~//www.ojp.usdoj. og_v/odp/docs/ODPApnlication.ydf; 6) applicable ODP
Information Bulletins; and 7) the N.C. Emergency Management Act, Chapter 166A of the North
Cazolina 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 C and Annex D, attached and
incorporated by reference herein.
FY2003 DHS SHSGP Memorandum of Agreement Page 2 of 1
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.
Depaztment of Homeland Security, Office of Domestic Prepazedness, FY 2003 State Homeland
Security Grant Program Guidelines and Application Kit available at
http•//www ojp usdo~v/odp/docs/ODPApplication.ndf and in accordance with Annex D,
attached and incorporated by reference herein.
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. The State of North Carolina, Department of Crime Control and Public Safety, Division
of Emergency Management will reimburse local governments for expenses that were approved
on Detailed Budget Worksheets. The NC Subgrant Instructions in Annex C, attached and
incorporated by reference herein, describe the Detailed Budget Worksheets and how they aze
prepared and approved.
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 the amounts
specified in Annex A, attached and incorporated by reference herein. Annex A also contains a
provision to decline any of the three funding azeas.
VII. MODIFICATION OF THE AGREEMENT
Modification of this Agreement must be in writing and upon approval of both parties.
VIII. PROPERTY
All property furnished 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 if DHS suspends or terminates
funding in accordance with Section VII "Administrative Requirements" of the U.S. Department
of Homeland Security, Office of Domestic Prepazedness, FY 2003 State Homeland Security
Grant Program Guidelines and Application Kit and Annex D, attached and incorporated by
reference herein, the County of Orange shall reimburse the Division of Emergency Management
for said property.
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 is to
be treated as confidential must be clearly mazked 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,
FY2003 DHS SHSGP Memorandum of Agreement Page 3 of 1
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.
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 Mr. 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
Designated Agent and Point of Contact forms located in Annex B, attached and incorporated by
reference herein.
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, acopy 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 o,~~ 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, and Guidelines and Application
Kit available at htta://www.oiv.usdoi.Gov/odn/docs/ODPAnnlication.ndf.
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 Memorandum of Agreement Page 4 of 1
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XII. WARRANTY
The County of Orange shall hold the Tlepartment 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. TERNIINATION
This MOA shall be in effect from the date of execution to March 31, 2005. This MOA may be
terminated upon submission of a 30-day advance written notice of termination.
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.
EXECUTED THIS THE DAY OF .2003.
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF CRIIVIE CONTROL AND PUBLIC SAFETY
WITNESS:
1./_s' y Y~L~~~'
BY:
BY:
DR KENNETH B. TAYLOR, DIRECTOR
DIVISION OF EMERGENCY MANAGEMENT
DATE:
WILLIAM A. DUDLEY,
CHIEF" DEPUTY SECRETARY
DEPARTMENT OF CRIlVIE CONTROL & PUBLIC SAFETY
DATE:
FY2003 DHS SHSGP Memorandum of Agreement Page 5 of 1
WITNESS:
B'Y:
MR. JOHN M. LINK, JR.
COUNTY MANAGER
THE COUNTY OF ORANGE
DATE:
APPROVED AS TO PROCEDURES:
BY:
FRED J• TUC~~ CONTROLLER
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY
DATE:
APPROVID AS TO FORM SUBJECT TO EXECUTION BY WILLIAM A. DUDLEY, CHIEF DEPUTY SECRETARY
OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY.
ROY COOPER
ATTORNEY GENERAL OF NORTH CAROLINA
BY:
ASSISTANT ATTORNEY GENERAL
FY2003 DHS SHSGP Memorandum of Agreement Page 6 of 1
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Memorandum of Agreement
for the
US Department of Homeland Security
FY2003
State Homeland Security Grant Program
(SHSGP)
ANNEX A
Reimbursement Funding Or Declination Form
(return completed form to NCEM no later than August 29, 2003)
Attn: DHS FY2003 SHSGP Manager
4713 Mail Service Center
Raleigh, NC 27699-4713
11
Reimbursement Funding Or Declination Form
For The
U.S. Department of Homeland Security (DI3S)
FY2003 State Homeland Security Grant Program (SHSGP)
Orange County
The local government may elect to participate in the grant program and receive grant funds or the
local government may decline to participate in the grant program and elect not to receive grant
funds. Please sign this form in the space provided indicating whether the local government
elects to receive grant funds or declines grant funds. If the local government declines any
portion of the grant, the grant funds will be redistributed to other local governments.
A. Equipment: Ninety Nine Thousand Six Hundred Seventy Four Dollazs ($99674)
The local government Accepts Equipment funding.
Signature of the Chair
Of the County Commissioners
The local government Declines to receive Equipment funding.
Signature of the Chair
Of the County Commissioners
B. Exercises: Sixteen Thousand Six Hundred Ninety Six Dollars ($16696)
The local government Accepts Exercises funding.
Signature of the Chair
Of the County Commissioners
The local government Declines to receive Exercises funding
Signature of the Chair
Of the County Commissioners
C. Training: Five Thousand Two Hundred Fifty Five Dollars ($5255)
The local government Accepts Training funding
Signature of the Chair
Of the County Commissioners
The local government Declines to receive Training funding
Signature of the Chair
Of the County Commissioners
DHS FY2003 SHSGP Memorandum of Arzreement Annex A: ReimbursemenUDeclination Form Page 2 of 1
12
If the local government accepts any portion of the above-referenced funding, the North Carolina
Division of Emergency Management will reimburse the County of Orange for actual expenses
not to exceed the amounts listed above; 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 and this form 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 Guidelines and Application Kit available at
http•//www ojp usdo~ov/odu/docs/ODPApplication.ndf and in accordance with the Detailed
Budget Worksheets in Annex C, attached and incorporated by reference herein.
Signature of the Chairman of the
County Commissioners
Or Mayor
Printed Name Date
This form must be returned to the DHS FY2003 SHSGP Manager no later than August 29,
2003.
DHS FY2003 SHSGP Memorandum of Agreement Annex A: Reimbursement/Deciination Form Page 3 of 1
13
Memorandum of Agreement
for the
US Department of Homeland Security
FY2003
State Homeland Security Grant Program
(SHSGP)
ANNEX B
Designated Agent and Point of Contact Forms
(return completed forms to NCEM no later than August 29, 2003)
Attn: DHS FY2003 SHSGP Manager
4713 Mail Service Center
Raleigh, NC 27699-4713
14
Designation of Agent Form
As the County Manager of
following person:
Name:
Title:
Address:
City & Zip: _
Phone:
Fax:
E-mail
I appoint the
to be my Designated Agent for the DHS FY2003 SHSGP. The above-listed person may sign and
submit documents related to this grant.
Restrictions (If none, write none):
County Manager's Signature Date
NCEM recommends that the County Emergency Manager
be identified as the Designated Agent.
This form must be returned to the DHS FY2003 SHSGP Manager no later than August 29,
2003.
DHS FY2003 SHSGP Memorandum of Agreement Annex B: Designated Agent and POC Page 2 of 5
SAMPLE
Designation of Agent Form
As the County Manager of Carolina , I appoint the
following person
Name: James Taylor
Title: County Emergency Manager
Address: 1 County Place
City & Zip: Sandersonville, NC 27999
Telephone: 919/5 5 5-67 89
Fax: 919/555-6788
Email: jtaylor(a nc.cc.org
to be my Designated Agent for the DHS FY2003 SHSGP. The above-listed person may sign and
submit documents related to this grant.
Restrictions (If none, write none): vio~vtei
~LarY 9ones 8/T/03
County Manager's Signature Date
NCEM recommends that the County Emergency Manager
be identified as the Designated Agent.
This form must be returned to the DHS FY2003 SHSGP Manager no later than August 29,
2003.
15
DHS FY2003 SHSGP Memorandum of Aereement Annex B: Designated Agent and POC Page 3 of 5
16
As County Manager of
person:
Name:
Title:
Address:
City & Zip:
Telephone:
Fax:
Email:
Designation of a Point of Contact Form
I designate the following
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.
This form must be returned to the DHS FY2003 SHSGP Manager no later than August 29,
2003.
DHS FY2003 SHSGP Memorandum of Agreement Annex B: Designated Agent and POC Page 4 of 5
SAMPLE
Designation of a Point of Contact Form
As County Manager of Cazolina , I designate the following person:
Name: Bill Withers
Title: Assistant Deput~Sheriff
Address: 1 County Place
City & Zip: Sandersonville NC 27999
Telephone: 919/555-1234
gam; 919/555-1743
Email: bwithers,~a nc cc orp
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 regazding the status of the grant
program.
_ 9Vlary Tones 8/7/03
County Manager's Signature Date
NCEM recommends that the County Emergency Manager
or other staff person be identified as the Point of Contact.
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This form must be returned to the DHS FY2003 SHSGP Manager no later than August 29,
2003.
DHS FY2003 SHSGP Memorandum of Agreement Annex B: Designated Agent and POC Page 5 of 5