FY15 Emerg Mgt NCDPS exerciseMOA #: 1400
Tax #: 56- 6000 -324A
Fund Code:15027AI235HI
MOA Amount: S3,000
CFDA #: 97.067
MEMORANDUM OF UNDERSTANDING /AGREEMENT
BETWEEN
THE STATE OF NORTH CAROLINA,
DEPARTMENT OF PUBLIC SAFETY, NORTH CAROLINA
EMERGENCY MANAGEMENT
County of New Hanover
EMW- 2013 -SS- 00033 -S01
I. PARTIES. The parties to this Memorandum of Understanding /Agreement (hereinafter
referred to as "MOA" or "Agreement ") are the State of North Carolina, Department of
Public Safety, North Carolina Emergency Management and the County of New
Hanover.
II. AUTHORITY. This Agreement is authorized under the provisions of: 1) The
Department of Homeland Security Appropriations Act, 2013 (Public Law 113 -6); 2)
Public Law 112 -74, The Consolidated Appropriations Act of 2013, Division D; 3)
Public Law 110 -53, The 9/11 Commission Act of 2007; 4) Public Law 107 -56, (6
U.S.C. § 101 et seq.), the USA Patriot Act of 2001; 5) Public Law 107 -296, the
Homeland Security Act of 2002; 6) Public Law 109 -295, The Post - Katrina Emergency
Management Reform Act of 2006, 6 U.S.C. 752(c); 7) the implementing
recommendations or regulations of each Act or Law, if any; 8) the U.S. Department of
Homeland Security, FY 2013 Homeland Security Grant Program (HSGP) Funding
Opportunity Announcement (FOA) available at: http: / /www.fema.gov /media- library-
data/20130726 -1916- 25045 - 6176 /fy_2013_hsgp_foa.pdf 9) FOA Number DHS -13-
GPD- 067 - 000 -01; 10) applicable Grants Programs Directorate (GPD) Information
Bulletins available at http: / /www.fema.gov /grants /grant - programs- directorate-
information- bulletins; and 11) the N.C. Emergency Management Act, Chapter 166A
of the North Carolina General Statutes.
III. PURPOSE. The purpose of this Agreement is to establish responsibilities and
procedures to implement the terms of the U.S. Department of Homeland Security
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(DHS) FY 2013 Homeland Security Grant Program (IISGP). A copy of the complete
federal grant instructions is available at: http:,/./,,Nw",.fcma.gov/media-library-
data/20130726-1916-25045-6176/f�, 2013_hsgp_foa.pdf.
This Agreement is to set forth terms by which the State of North Carolina, Department
of Public Safety, North Carolina Emergency Management (Grantee), shall provide FY
2013 Homeland Security Grant Funding to the County of New Hanover (Sub-grantee)
to conduct exercises that will enable Sub-grantee to prevent, protect against, respond to,
mitigate, and recover from potential acts of terrorism and other hazardous or
catastrophic events.
t1l. BACKGROUND. Tbe Department of Homeland Security (DIIS), through the
Federal Emergency Management Agency (FEMA) Grants Program Directorate, in
accordance with the authorities listed herein, created the FY2013 Homeland Security
Grant Program, FOA Number DIIS-13-GPD-067-000-01. This program was
established to implement objectives addressed in a series of post-9111 I laws, strategy
documents, plans, and presidential policy directives, including Presidential Policy
Directive-8 (PPD-8) and the National Preparedness Goal (NIPG), copies of which are
available at: http:Hww-w.fcma.gov/prepared/ppd8.shtm.
The Grantee and Sub-grantee enter into an arrangement by which the Grantee will
provide Federal reimbursement funding to the Sub-grantee to conduct a full-scale point
of dispensing site exercise.
IV. RESPONSIBILITIES.
a. The State of -,North Carolina, Department of Public Safety, North Carolina
Emergency Management shall:
(1) Provide reimbursement to the Sub-grantee for the cost of exercise
activities.
(2) Conduct periodic monitoring visits to the Sub-grantee to maintain grant
compliance.
(3) The performance period for the award to the State of North Carolina,
Department of Public Safety, North Carolina Emergency Management,
ends on August 31, 2015. Exercise activities must be completed and
invoices submitted dated prior to August 31,:2015.
K The County of New Hanover shall:
(I)Expend FY 2013 Homeland Security Grant Program funds in accordance
with the applicable FY 2013 Homeland Security Grant Program (HSGP)
Funding Opportunity Announcement (FOA), the Grant Application
Package, and the Grant Award and Special Conditions documents,
incorporated by reference herein, of this MOA to conduct exercise
activities and the enhancement of all hazard preparedness.
(2) Utilize Mate of North Carolina and/or local procurement policies and
procedures to conduct exercise activities, and conform to applicable State
and Federal law and the standards identified in the Procurement
Standards Sections of 44 Code of Federal. Regulations (CFR) Part 13 and
2 CFR Part 215. Sub- grantee must follow procurement procedures and
policies as outlined in the applicable FY 2013 homeland Security Grant
Program (IJSGP) Funding Opportunity Announcement (FOA) and the
1� SD1IS Financial Management (:guide. Sub - grantee shall comply- with all
applicable laws, regulations and program guidance. Sub - grantee must
comply with the most recent version of the Administrative Requirements,
Cast Principles, and Audit requirements. Administrative and
procurement practices must conform to applicable federal requirements.
A non- exclusive list of regulations commonly applicable to DIES" grants
are listed below, codified in the following guidance: 44 CFR Part 13; 2
CFR 215, 2 CFR Parts 225, 220, and 230 (formerly OMB Circulars A -87,
A21 and A -122); Federal Acquisition Regulations (FAR), Part 31.2; and
OMB Circular A-133 "Audits of States, Local Governments, and Non -
Profit Organizations „; 28 CFR Part 23 ``Criminal Intelligence Systems
Operating Policies "; 49 CFR Part 1520 "'Sensitive Security Information ";
Public Law 107 -296, The Critical Infrastructure Act of 2002; Title VI of
the Civil. Rights Act of 1964, as amended, 42 U.S.C. 2000 et. sect.; Title
IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681
et. seq; Section Sao of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794, The Age Discrimination Act of 1975, as amended, 20 U.S.C.
6101 et. seq.; Certifications and Assurances regarding Lobbying 31
U.S.C. 1352, Drug -Free Workplace Act, as amended, 41 U.S.C. 701 et.
seq. and Certification Regarding Drug -Free Workplace Requirements,
Debarment and Suspension Executive Orders 12549 and 12689 and 44
CFR Part 17 and Certification Regarding Debarment, Suspension and
Other Responsibility Matters; Assurances as listed in SF 424B and SF
4241); and Grant Award and Special Conditions documents.
(3) Submit invoice(s) requesting reimbursement for item(s) received to the
NCLM Homeland Security grants manager. Grantee will reimburse Sub -
grantee for eligible costs as outlined in the applicable USDHS Program
Guidelines and Funding Opportunity Announcements. Sub- grantee must
receive any grant - eligible service prior to seeking reimbursement from the
grantee. Subgrantee must submit request for reimbursement within 60
days of payment of invoice.
(4) Complete the procurement (s) process not later than August 31, 2015.
(5) Provide quarterly progress reports to the ' -NTCEM Homeland Security
grants manager as described in Attachment 2 by the following dates: 15
January, 15 April, 15 July, and 15 October.
(6) Provide inventory list at project completion phase to the homeland
Security grants manager listing all equipment purchased through the
grant.
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(7) Comply with the applicable federal statutes., regulations, policies,
guidelines and requirements, reporting requirements and certifications as
outlined in the applicable 2013 Homeland Security Grant Program
(HSGP) Funding Opportunity .Announcement (FOA) and the USDHS
Financial Management Guide and Special Conditions documents and
FEMA Grant Programs Directorate Information Bulletins. As required in
the FY 2013 Homeland Security Grant Program (IISGP) Funding
Opportunity Announcement (FOA) and FEMA Grant Programs
Directorate Information Bulletin No. 388 dated July 18, 2012, sub-
grantee must report all grant-funded equipment that supports defined
resource typed capabilities and all training that supports a defined
resource typed team using the fields in the FY 2012 Grant-Funded Typed
Resource Report. The link to this instrument and a completed example of
this report as well as all options available in the drop-down boxes can be
found on Attachment 3 of this document. This reporting will include
both NIMS typed resources and State and local typed resources. The
description and listing of NIMS typed resources can be found at:
1-ittp://x,,ANAN-.fema.gov/resource iiianagement. Sub-grantee will specify
the number of resources, capability supported, whether it is a NIMS or
State/local typed resource, the cost, and whether the resource sustains
current capabilities or adds new capabilities. The resources should be
reported only after equipment is delivered or after training has occurred
and the corresponding grant funds have been expended. The Sub-grantee
will include this Typed Resource Report with each cost report submitted
for reimbursement.
(8) Maintain grant management filing system as required in Attachment 4.
(9) Retain all original records pertinent to this MOA for a period of five
Years following the date of the closure of the grant award,., or audit if
required, or longer where required by law. However, if litigation, claim
or audit has been initiated prior to the expiration of the five-year period
and extends beyond the five year period., the records shall be retained until
all litigation., claims or audit findings involving the records have been
resolved.
(10) Comply with current federal suspension and debam-lent regulations
pursuant to OMB Circular A -133 which states in pertinent part that
"[e]ffective November 26, 20031, when a non-federal entity enters into a
covered transaction with an entity at a lower tier, the non-federal entity
must verify that the entity is not suspended or debarred or otherwise
excluded. Sub-grantee shall be responsible to ensure that it has checked
the federal Excluded Par-ties List System (EPLS) to verify that contractors
or sub-recipients have not been suspended or debarred from doing
business with the federal government.'*,
(11) Ensure that FY 2013 HSGP funds are not used to support the hiring of
any personnel for the purposes of fulfilling traditional public safety duties
or to supplant traditional public safety positions and responsibilities.
(12) on- supplanting Requirement. Federal grant funds will be used to
supplement existing funds, and will not replace (supplant) funds that have
been appropriated for the same purpose.
(13) All materials publicizing or resulting from award activities shall contain
this acknowledgement: "This project was supported by a T`ederal award
from the U.S. Department of homeland Security, Office of Grants and
Training and the tkorth Caroli
VI. WARRANTY. Sub- grantee shall hold Grantee 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. The parties agree that this
Limitation of Liability shall not be construed as a waiver of sovereign immunity by
either party. This Agreement does not give any person or entity other than the parties
hereto any legal or equitable claim, right or remedy. This Agreement is intended for
the sole and exclusive benefit of the parties hereto. This Agreement is not made for
the benefit of any third person or persons. No third party may enforce any part of this
Agreement or shall have any rights hereunder. This Agreement does not create, and
shall not be construed as creating, any rights enforceable by any person not a party to
this Agreement.
VII. PROPERTY. All property furnished under this agreement shall become the property
of the Sub - grantee. The Sub - grantee shall be responsible for the custody and care of
any property furnished for use in connection with the performance of this agreement.
Grantee will not be held responsible for any equipment purchased by Sub - grantee.
VIII. COMMUNICATIONS AND POINTS OF CONTACT
To provide consistent and effective communication between the Sub - grantee and the
Department of Public Safety, North Carolina 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. Grantee contacts shall be Michael A.
Sprayberry, Director; Michael Todd, State Exercise Officer. The sub - grantee signatory
shall be Warren Lee, Emergency Management Director for the County of New Hanover
and the point of contact shall be Warren L,ee, Emergency Management Director for the
County of New Hanover.
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 MOA. 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. In accordance with the FY 2013 Homeland Security Grant
Program (HSGP) Funding Opportunity Announcement (FOA), "FEMA 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 or otherwise important to national security
interests. While this information under Federal control is subject to requests made
pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all
determinations concerning the release of information of this nature are made on a
case -by -case basis by the FEMA FOIA Office. The Grantee and NCOI should be
familiar with the regulations governing Sensitive Security Information (49 CFR Part
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1520), as it may provide additional protection to certain classes of homeland security
information."
IX. SUBCONTRACTING. If the Sub - grantee subcontracts any or all purchases required
under this Agreement, Sub- grantee agrees to include in the subcontract that the
subcontractor is bound by the terms and conditions of this MOA. Sub - grantee agrees
to include in the subcontract that the subcontractor shall hold Grantee harmless against
all claims of whatever nature arising out of the subcontractor's performance of work
under this MOA. If Sub - grantee subcontracts, a copy of the executed subcontract
agreement must be forwarded to the North Carolina Emergency Management.
Contractual arrangement shall in no way relieve Sub - grantee of its responsibilities to
ensure that all funds issued pursuant to this grant be administered in accordance with all
state and federal requirements. Sub- grantee is bound by the terms, conditions and
restrictions of the applicable USDHS Program Guidelines and Funding Opportunity
Announcement referenced herein.
X. SITUS. This Agreement shall be governed by the laws of North Carolina, and venue
for any disputed matters or claims shall be in the Superior Court of Wake County,
North Carolina.
XI. ANTITRUST LAWS. This Agreement is entered into in compliance with all State
and Federal antitrust laws.
XIL COMPLIANCE WITH THE LAW. Sub - grantee shall be wholly responsible for the
purchases to be made under this MOA and for the supervision of its employees and
assistants. Sub- grantee 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 purchase requirements performed under
this MOA, including those of federal requirements and State and local agencies having
appropriate jurisdiction and found in the FY 2013 Homeland Security Grant Program
(HSGP) Funding Opportunity Announcement (FOA).
XIIL OTHER PROVISIONS /SEVERABILITY. Nothing in this Agreement is intended
to conflict with current laws or regulations of the State of North Carolina, Department
of Public Safety or the County of New Hanover. If any term of this Agreement is
found by any court or other legal authority, or is agreed by the parties to be in conflict
with any law or regulation governing its subject, the conflicting term shall be
considered null and void. The remaining terms and conditions of this Agreement shall
remain in full force and effect.
XIV. ENTIRE AGREEMENT. This Agreement and any 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.
XV. MODIFICATION. Modifications of this agreement must be in writing and upon
approval of both parties except as modified by official USDHS Federal Grant
Adjustment Notice (GAN).
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XVI. TERMINATION. The terms of this agreement, as modified with the consent of all
parties, will remain in effect until August 31, 2015. Either party may terminate this
Agreement upon thirty (30) days advance written notice to the other party.
Upon approval by LIISDHS, FEMA 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 USDHS Grant Adjustment Notice, incorporated by reference herein, or
as established by the State Administrative Agency, whichever is sooner.
If Sub - grantee materially fails to comply with the terms of the award and DHS or
Grantee suspends or terminates the grant award in accordance with 44 C.F.R., the
applicable FY 2013 Homeland Security Grant Program (HSGP) Funding Opportunity
Announcement (FOA) and other applicable authorities, incorporated by reference
herein, Sub - grantee shall reimburse the North Carolina Emergency Management for said
property.
XVII. EXECUTION AND EFFECTIVE DATE. This Agreement will become binding
upon execution of all parties to the Agreement. The terms of this Agreement will
become effective on August 30, 2013. The last signature shall be that of Gregory K.
Baker, Commissioner— Law Enforcement, North Carolina Department of Public
Safety.
XIX. TERM OF THIS AGREEMENT. This Agreement shall be in effect from August 30,
2013 to July 31, 2015
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IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this
Agreement will be effective as of August 30, 2013.
N.C. DEPARTMENT OF
PUBLIC SAFETY
BY:
MICIIEAL SPRAYBERR , DIREC" O
NORTH CAROLINA E. Y MANAGEMENT
APPROVED AS TO PROCEDURES:
JAMES JYCHEROItE, CONTROLLER
DEPARTMENT OF PUBLIC SAFETY
WILLIAM POL,K, SPECIAL COUNSEL
REVIEWED FOR THE DEPARTMENT OF
PUBLIC SAFETY, BY WILLIAM POLK,
DPS SPECIAL COUNSEL, TO FULFILL THE
PURPOSES OF THE US DEPARTMENT OF
HOMELAND SECURITY GRANT PROGRAMS
THE COUNTY OF NEW HANOVER
BY:
WARREN LEE
EMERGENCY MANAGEMENT COORDINATOR
COUNTY OF NEW HANOVER
BY:
CH DRIET, COUNTY MANAGER
COUNTY OF NEW HANOVER
BY:
GREGORY K. BAKER, COMMISSIONER OF LAW ENFORCEMENT
DEPARTMENT OF PUBLIC SAFETY
THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF
JUSTICE FOR THE FY2013 HOMELAND SECURITY GRANT PROGRAM ONLY AND IS SUBJECT TO
EXECUTION BY GREGORY K. BAKER COMMISSIONER OF LAW ENFORCEMENT THE DEPARTMENT OF
PUBLIC SAFETY. THIS MOU /MOA SHOULD NOT BE USED FOR OTHER MOUs /MOAs FOR THE STATE
HOMELAND SECURITY GRANT PROGRAM FOR OTHER FISCAL YEARS.
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