FY16 EMERG MGT MOA 1401 TRAINING EXCERCISE GRANTY
MOA #: 1401
Tax #: 56- 6000 -324A
Fund Code:15027A1235H1
MOA Amount: 53,000
CFDA 9: 97.067
MEMORANDUM OF UNDERSTANDING /AGREEMENT
BETWEEN
THE STATE OF NORTH CAROLINA,
DEPARTMENT OF PUBLIC SAFETY, NORTH CAROLINA
EMERGENCY MANAGEMENT
WE
County of New Hanover
EMW- 2013 -SS- 00033 -S01
L 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.
H. 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
Page 1 of 9
(2) Utilize State 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 (HSGP) Funding Opportunity Announcement (FOA) and the
USDHS 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,
Cost Principles, and Audit requirements. Administrative and
procurement practices must conform to applicable federal requirements.
A non - exclusive list of regulations commonly applicable to DHS 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. seq.; Title
IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681
et. seq; Section 504 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 ct. 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
424D; and Grant Award and Special Conditions documents.
(3) Submit invoice(s) requesting reimbursement for item(s) received to the
NCEM 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 NCEM 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.
Page 3 of 9
(12) Non - 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 Federal award
from the U.S. Department of Homeland Security, Office of Grants and
Training and the North Carolina Department of Public Safety, North
Carolina Emergency Management. " Use of the federal program logo
must be approved by DHS. Printed as a legend, either below or beside
the logo shall be the words "100 percent Funded by U.S. Department of
Homeland Security. "
(14) Sub - grantee shall order, receive, inspect, and stage the equipment and
supplies. The purchase or acquisition of any additional materials,
equipment, accessories or supplies beyond those identified in this MOA
shall be the sole responsibility of Sub - grantee and shall not be reimbursed
under this MOA. Sub - grantee shall prominently mark any equipment
purchased with grant funding as follows: "Purchased with funds provided
by the U.S. Department of Homeland Security."
(15) The purchase or acquisition of any additional materials, equipment,
accessories or supplies, or the provision of any training or exercise
beyond that identified in this MOA shall be the sole responsibility of
Sub - grantee and shall not be reimbursed under this MOA.
(16) No indirect or administrative costs will be charged to this allocation award.
V. FUNDING AND COMPENSATION. Grantee will reimburse Sub - grantee for the
actual eligible costs incurred for the subject of this grant, not to exceed three
thousand dollars and no cents (S3,000.00). Funds will be provided by the State of
North Carolina, Department of Public Safety, and North Carolina Emergency
Management. The allocation of funds will be from the USD14S FY 2013 Homeland
Security Grant Program.
All terms and conditions of this MOA are dependent upon and subject to the allocation
of funds from DHS, FEMA and Grantee 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 applicable U.S. Department of Homeland Security
Program Guidelines, which include, but may not be limited to, the FY 2013 Homeland
Security Grant Program (HSGP) Funding Opportunity Announcement (FOA),
available at: http: l/ www. fema. gov/ pdf/ gove= cnt /grant/2013 /fyl3_hsgp_foa.pdf, 44
C.F.R. Part 13, 2 CFR Parts 215, 220, and 230, Federal Acquisition Regulations (FAR)
Part 31.2, OMB Circulars A -21, A -$7, A -122 and A -133 and the U.S. DHS Financial
Management Guide available at
htt : / /w%Nrw.dhs. ,ov /xlibrar /assets /Grants FinancialMana fementGuide. df.
Allowable costs are also subject to the approval of the State Administrative Agent for
the State of North Carolina, the Secretary of the Department of Public Safety.
Page 5 of 9
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.
XII. 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).
XIII. 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).
Page 7of9
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:
MICHAEL SPRAYBERRY IR TOR
NORTH CAROLINA EM Y MANAGEMENT
APPROVED AS TO PROCEDURES:
BY:
JAMES J. HEROK ,CONTROLLER
DEPARTt ENT OF PUBLIC SAFETY
BY:' G
WILLIAM POLK, SPECIAL COUNSEL
REVIEWED FOR THE DEPARTMENTI` 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
L
BY: °
COUNTY O`yF1..{N' EW HA d
GRE RY-,95UR, 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 SECURI'T'Y 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 OTIIER MOUs /MOAs FOR THE STATE
HOMELAND SECURITY GRANT PROGRAM FOR OTHER FISCAL YEARS.
Page 9 of 9
QUARTERLY PROGRESS REPORT
Subgrantee: New Hanover COUNTY
FY13 SHSP — MOA # EMW- 2013 -SS- 00033 -S01-
13XX
Funds Expended Prior Quarters: 0
Quarter (list dates): 15 April Grant Award: $3000
Funds Expended this Quarter: 0
Activities
Metric
Current Status
1. Equipment
Date, current status (ex.
List needs identified,
items in vendor
negotiation, purchased,
placed in service, etc.)
Quarterly Progress Reports are due:
January 15
April 15
July 15
October 15
FYI Qtrly Progress Rpt - Attachment 2-
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FTIC. DIVIsIZ5n UY EmlerqeffM M=a_qeI7MnT Routinq Me= Date: ' May 27, 2015
Subject: MOB' New Hanover County
Originator: Chris Nemcheck Office: NCEM T & E
Phone #: 919-825-2772 Required By:
File Location: Drive File Name:
Information - Draft Document - Final Document -
Department
To
Action
Initials
Date
To
Action
Initials
Date
Department Secretary,
4
Controller, James J.
1.
Frank Perry
Cheroke
—
6
Commissioner Baker
Legislative Affairs
Assistant Secretary
Personnel
3
Atiorney (Will Polk)
Purchasing
Division
To
5
Action
F7M Director, Michael
Sprayberry
Initials
Date
To
2
--
Action
Asst. Director— Logistics,
Brian Falconer
Initials
Date
Deputy Director
Deputy Chief Logistics
Budget Officer/Personnel
DIRECTOR'S OFFICER
Training& Exercises- Chris Call
_,.,_.
Logistic Operations
V_VVi_1
Dep. Ops Chi ef/EOC Mgr.
Human Services
Supply Services
Asst. Director - GTIVI
Emiergency Services
Information Services
Search & Rescue
N—at—lon—al Flood —Insurance Program—_
PublicAssstance
Floodplain Mapping
Individual Assistance
Infrastructure
1
24 Hour Operations Center
------------
Geodetic Survey
Asst. Director - Info & Planning
Asst, Director - Recovery
Deputy Plans Chief
Planning Support
Hazard Mitigation
P
ublic Assistance
Homeland Security
Individual Assistance
Contractor
Summary/Remarks: MOA New Hanover County A 0 NO I 43P)o P-Kc-coc t:71A11AA1
Director Signature - Commissioner Signature - I—XI Governor Signature – Ll