FY16 Emerg Mgt Hazardous Material Emerg Preparedness Grant MOA 1513DocuSign Envelope ID: 2F8DOAAC- 3287- 486F- 96CB- CDOSBIBA3F3D
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W§0 North C', arolina Department of Public Safety
Emergency Management
Pat McCrory, Govemor
Frank L. Perry, Secretary
Michael A- Spraybeny, Director
Hazardous Material Emergency Preparedness Grant Program "HMEP"
CFDA N: 20.703
Fiscal Year 2015
Grant Award #: HM -HMP- 0469- 15 -01 -00
MEMORANDUM OF AGREEMENT (MOA)
Between
Recipient: Sub - Recipient:
State of North Carolina New Hanover LEPC
Department of Public Safety Tax ID/EIN #: 56- 6000324
Emergency Management DUNS #: 40029563
MOA #1513 MOA Amount: S 6,200.00
DPS Fund Code: 1501- 8073 -35CB MOA Period of Performance to 10/01/15 - 09/15/16
1. Purpose. The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and procedures
to implement the terms of the US Department of Transportation (USDOT) HMEP Grant Program. A copy of the
complete federal grant instructions is available at www.DOT.gov.
This Agreement is to set forth terms by which the State of North Carolina, Department of Public Safety, North
Carolina Emergency Management (Recipient), shall provide HMEP funding to the Sub - Recipient to fund projects
related to Emergency Management Planning, Trainings and Exercises. For more detailed description of the
project approved for MOA #1513, please see Attachment 1 for detailed Scope of Work.
2. Program Authorization and Regulations:
This Agreement, the North Carolina General Assembly and the Hazardous Materials Emergency Planning Grant Program
(HMEP) are governed by the following statutes and regulations: (1) The Hazardous Materials Transportation Act, as
amended, 49 U.S.C. § 5101 et. M.; (2) 49 C.F.R. parts 18 and 110, and any other applicable policy memoranda and
guidance documents; (3) Emergency Planning Community Right- To-Know Act (EPCRA), 42 U.S.C. § 1 1001 et. S�Mc .; (4)
OMB Circulars A -87 and A -110; (5) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
§5121 et. aQ.; (6) Where applicable, it will comply with Contract Work Hours and Safety Standards Act of 1962, 40
U.S.C. 327 et SeMc ., Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seg., Davis -Bacon Act, 40 U.S.C. §§ 276a
to 276a -7, Sections 306 and 508 of the Clean Air Act, 42 U.S.C. § 1857(h) and § 1368, Executive Order 11738, the
Americans With Disabilities Act, 42 U.S.C. § 12001 pl. seq., the Anti - kickback (Copeland) Act of 1934, 18 U.S.C.
Section 874 and 40 U.S.C. Section 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally
financed or assisted construction activities, the Hatch Act, which limits the political activity of employees, the flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 as amended Pub. L. 93-
234, 87 Section 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of
flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial
assistance for construction or acquisition purposes for use in any area, that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance, applicable N.C. General Statutes when negotiating
contracts for services and the Energy Policy and Conservation Act (P.L. 94 -163) FY 2015 HMEP Notice of Funding
Opportunity Announcement (NOFOA) available at www.phmsa.dot.gov 9) applicable Grants Programs Directorate
(GPD) Information Bulletins available at www.phmsa.dot.gov; and 10) the N.C. Emergency Management Act, Chapter
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166A of the North Carolina General Statutes.
3. Compensation: Recipient agrees that it will pay the Sub - Recipient complete and total compensation for the
services to be rendered by the Sub - Recipient. Payment to the Sub - Recipient for expenditures under this
Agreement will be reimbursed after the Sub - Recipient's cost report is submitted and approved for eligible scope
of work activity. The original signed copy of this Award and MCA must be signed by the Official(s) authorized
to sign below and returned to North Carolina Emergency Management no later than 45 days after the award
date. The grant shall be effective upon return of the executed Grant Award and Memorandum of
Agreement and final approval by North Carolina Emergency Management of the grant budget and
program narrative. Grant funds will be disbursed (according to the approved project budget) upon receipt of
evidence that funds have been invoiced and products received and/or that funds have been expended (i.e.,
invoices, contracts, itemized expenses, etc.) and /or that all work activities are completed.
4. Funding Eligibility Criteria: Federal funds administered through the State are available to local governments to
assist in the cost of developing and maintaining a "Comprehensive Emergency Management" program.
Continued HMEP funding is contingent upon completion of all HMEP funding requirements. The following
eligibility criteria must be adhered to during the Grant Program:
A. Every participant must:
i. be established as a State, Local, or Non - Profit agency by appropriate resolution/ ordinance;
ii. Complete any procurement(s) and expenditures no later than 9/15/2016.
iii. Provide a semi-annual progress report to the NCEM EPCRA grogram Manager using the latest Grant.
B. File Retention: RECIP=IENT /SUB- RECIPIENT's performance under this Agreement shall be subject to 49
C.F.R. Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments" and/or OMB Circular No. A -87, "Cost Principles for State and Local Governments,"
and/or OMB Circular No. A -102 "Grants and Cooperative Agreements with State ad Local Governments."
Pursuant to 49 C.F.R. §18.42, the RECIPIENT/SUB- RECIPIENT, its employees or agents, including all
subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its
records to the AGENCY /GRANTEE, awarding agency (USDOT), and the Comptroller General of the United
States or any authorized representatives, employees, and agents thereof. Sub - Recipient is required to
maintain records and (invoices) of this grant for five (5) years after termination of the grant, or audit if
required, or longer where required by law, as outlined below, attached and incorporated by reference.
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. Files must be avaiable for review by North Carolina Emergency
Management Staff for site visits, project closeout and future audits.
L Sub - Recipient must include appropriate documentation in the file, including but not limited to the
following documents:
1. Grant Award and Memorandmn of Agreement/ Memorandum of Understanding and Supporting
Appendices
2. Completed appropriate cost report forms with invoices and proof(s) of payment
3. Audit Findings and Corrective Action Plans
C. Employees must be covered by an approved Pay Plan. However, the Director maybe exempt from this
requirement.
D. The political subdivision must have an acceptable local travel regulation plan or accept the state travel
regulations.
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5. Conditions: The Sub - Recipient certifies that it understands and agrees that funds will only be expended for those
projects outlined in the funding amounts as individually listed in the FY 2015 HMEP Application Packet,
incorporated by reference herein. The Recipient certifies that it understands and agrees to comply with the general
and fiscal terms and conditions ofthe grant including special conditions; to comply with provisions ofthe
applicable laws, rules and policies governing these funds; that all information is correct; that there has been
appropriate coordination with affected agencies; that it is duly authorized to commit the Sub - recipent to these
requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by
the Sub- recipent and that all agencies involved with this project understand that all federal funds are limited to
period of performance of this award.
6. Supolantalion: The Sub- recipents are required to provide assurance that grant funds will not be used to supplant
or replace local or state funds or other resources that would otherwise have been available for hazardous materials
transportation preparedness activities. In compliance with that mandate, the Sub - Recipient certifies that the
receipt of federal funds through North Carolina Emergency Management shall in no way supplant or replace state
or local funds or other resources that would have been made available for hazardous materials transportation
preparedness activities.
7. Compliance. The Sub - recipent shall comply with the applicable statutes, ordinances, regulations, licensing
requirements, policies, guidelines and requirements, reporting requirements and certifications 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 applicable FY 2015 HMEP Notice of Funding Opportunity Announcement (NOFOA). The Sub- recipent shall
be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and
assistants. Failure to comply with the specified conditions will result in the return of this grant award to North
Carolina Emergency Management.
8. Responsibilities:
A. The Recipient shall:
i. Provide funding to the Sub - Recipent to perform the work activities as described herein.
ii. Conduct a review of the project to ensure that it is in accordance with HMEP requirements.
iii. The performance period for this award to the State of North Carolina, Department of Public Safety, North
Carolina Emergency Management, ends on 9/15/2016
iv. Directly monitor the completion of this project.
B. The Sub - Recipient shall:
Expend FY 2015 HMEP Grant Program funds in accordance with the applicable USDOT and HMEP
NOFOA, the Grant Application Package, and the Grant Award and Special Conditions documents,
incorporated by reference herein, of this MOA for the performance ofthe work activities.
Utilize State of North Carolina and/or local procurement policies and procedures for the expenditure of
funds, 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 200. The Sub -
Recipient must follow procurement procedures and policies as outlined in the applicable USDOT and
HMEP NOFOA and the USDOT and Financial Management Guide. Sub - Recipient shall comply with all
applicable laws, regulations and program guidance. Sub - Recipient must comply with the most recent
version of the funding 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 DOT grants are listed below, codified in the
following guidance: ; 2 CFR 215; 2 CFR Parts 225, 220, and 230 (formerly OMB Circulars A -87, A21
and A -122); 15 CFR Part 24; Federal Acquisition Regulations (FAR), Part 31.2; and 2 CFR 200 Sub -part
F and 44 CFR Part 14; 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 ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et. seq.; Title IX ofthe Education
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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 et. seq.;
Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205;
PHMSA.DOT Grant Programs Directorate, Grants Management Division, Match Guidance;
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, 28 CFR Parts 66, 67, 69, 70 and 83; and Grant Award and Special Conditions documents.
C. Sub - Recipient must take possession of all purchased equipment, receive any grant -eligible service and/or
complete work activities prior to seeking reimbursement from the Recipient.
D. Complete the procurement(s) process not later than 911512016
REPORTS: The RECIPIENT /SUB - RECIPIENT shall provide reports or information to the
AGENCY /GRANTEE. Report(s), as described in Attachment A to this Agreement, which are due thirty
(30) days from completion of the plan, exercise, or study. Reports shall include the current LEPC
membership roster, a copy of the most recent LEPC meeting minutes and agenda and LEPC by -laws. The
RECIPIENT /SUB - RECIPIENT shall provide a semi- annual summary (progress report), not later than
June 15, 2016, to the EPCRA Program Manager to ensure that the project deliverables are being met, and
that each grant contract is operating within budget. The AGENCY /GRANTEE may require additional
reports as needed. The RECIPIENT/ SUB - RECIPIENT shall, as soon as possible, provide any additional
reports requested by the AGENCY /GRANTEE. The AGENCY /GRANTEE contact will be the Division
of Emergency Management EPCRA Program Manager for all reports. If all required reports and copies
are not sent to the AGENCY /GRANTEE or are not completed in a manner acceptable to the
AGENCY /GRANTEE, the AGENCY /GRANTEE may withhold payment until they are completed or
may take such other action as set forth in paragraph (10). The AGENCY /GRANTEE may terminate the
Agreement with a RECIPIENT /SUB- RECIPIENT if reports are not received within thirty (30) days after
written notice by the AGENCY /GRANTEE. "Acceptable to the AGENCY /GRANTEE" means that the
work product was completed in accordance with generally accepted principles and is consistent with the
Budget and Scope of Work, Attachment A. Upon request by the AGENCY /GRANTEE, the RECIPIENT/
SUB - RECIPIENT shall provide such additional updates or information as may be required by the
AGENCY /GRANTEE.
F. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting
requirements and certifications as outlined in the applicable HMEP NOFOA and Grant Award and Special
Conditions documents.
G. Maintain a grant management filing system as required in this MOA and Attachment 4.
H. Comply with current federal suspension and debarment regulations pursuant to 2 CFR 200 Sub -part F and
OMB Circular A -133 which states in pertinent part that "effective November 26, 2003, 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 - Recipient shall be responsible to ensure that it
has checked the federal System for Awards Management (SAM) https: / /www.sam.gov /portal/public/SAM/
and the State Debarred Vendors Listing, http : / /www.pandc.nc.govtactions.asp to verify that contractors or
sub- Recipients have not been suspended or debarred from doing business with the federal government".
1. Ensure that HMEP 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 responsilibities.
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J. 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.
K. All materials publicizing or resulting from award activities must be approved by EPCRA program manger.
L. The purchase or acquisition of any additional materials, equipment, accessories or supplies or completion of
any work activities beyond those identified in this MOA shall be the sole responsibility of Sub - Recipient and
shall not be reimbursed under this MOA.
M. Sub - Recipient shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of any
equipment procured pursuant to this Agreement unless hand receipted or transferred.
N. Sub - Recipient shall maintain an effective property management system that complies with the following
requirements. Equipment is defined as tangible, non - expendable property having a useful life of more than
one year and an acquisition cost of $5,000 or more per unit. Sub - Recipient may have property management
guidelines that are more restrictive, requiring a unit of equipment with a value of less than $5,000 to be
inventoried; if so, such equipment purchased under this award allocation shall be included on the report
submitted to Recipient.
Recipient and Sub - Recipient shall take an initial physical inventory of any equipment. The Grant
Summary, Cost Reports with backup documentation, Certificate of Title, and any other Sub - Recipient
reports or inventory reports that include Information regarding the gram, vendor, invoice number, cost per
item, number of ite9ns, description, location, condition and identification number may be used to meet this
requirement. The Sub- Iecipient must provide quarterly updates until all funds are expended.
ii. Sub - Recipient must ensure a control system exists to ensure adequate safeguards to prevent loss,
damage or theft. Sub - Recipient shall be responsible for replacing or repairing equipment which is
willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage or theft of the property
must be investigated and fully documented, and made part of the official project records.
iii. Sub - Recipient or equipment owner must ensure adequate maintenance procedures exist to keep the
equipment in good condition.
iv. Disposition Procedures. Sub - Recipient may dispose of the equipment when the original or
replacement equipment acquired under the grant award is no longer needed for the original project or
program. Items with a fair market value of less than $5,000 may be retained, transferred or otherwise
disposed of with prior approval of Recipient and in accordance with disposition requirements in 2
C.F.R. Part 200. Items with a current per unit standard federal or fair market value in excess of
$5,000 may be retained, transferred or otherwise disposed of with prior Recipient approval in
accordance with disposition requirements in 2 C.F.R. Part 200. Sub - Recipient must provide
documentation that includes the method used to determine current fair market value.
v. Only authorized equipment listed in the FY2015 PHMSA NOFO are eligible for purchase. For more
guidance visit www.phffsa.dot.gov.
O. No indirect or administrative costs will be charged to this allocation award.
Sub - Recipients must utilize equipment as intended in their project application to NCEM. Any variation from
this intended use must be requested in writing and approved by NCEM.
i. Any equipment purchased under the PHMSA Grant is subject to use as a regional asset to be utilized
by the US DOT, North Carolina Emergency Management, or Domestic Preparedness Region partners
and statewide as needed. Failure to adhere to this policy might result in revocation of funds allocated
for the purchase of said equipment.
R. Each Sub - Recipient must have a DUNS Number, prior to any funds being released. DUNS Numbers may be
obtained from either of the following web links: www.dnb.com or http: / /fedpov.dnb.com/weliform.
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S. System for Award Management (SAM) registration is required for all applicants. Each Sub - Recipient shall
ensure that your organization's name, address, DUNS number and EIN are up to date in SAM and that the
DUNS number used in SAM is the same one used to apply for all federal awards. SAM information can be
found at http: / /www.sam.goy. Future payments will be contingent on the information provided in SAM;
therefore it is imperative that the information is correct.
T. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision
of any training, exercise or work activities beyond that identified in this MOA shall be the sole responsibility
of Sub - Recipient and shall not be reimbursed under this MOA.
U. HMEP Sub - Recipients certify that they have read and agree to abide by the Sub - Recipient instructions
provided in the sub- receipeint instructions document provided by NCEM.
V. If applicable, changes, real property, equipment, supplies and copyrights will be administered in accordance
with 49 C.F.R. Part 18. (See 49 C.F.R. 19.30- 18.34.)
9. Fundine: All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from
the DOT and NCEM for the purpose set forth and the MOA shall automatically terminate if funds cease to be
available.
A. All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from
USDOT, P14MSA and Recipient 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 USDOT
Program Guidelines, wlfich include, but may not be limited to, the FY 2015 HMEP NOFOA, available at:
www.phmsa.dot.eov, 2 CFR Parts 200 Sub -part F, 215, 220, 225, and 230, Federal Acquisition Regulations
(FAR) Part 31.2, OMB Circulars A -21 and the USDOT Financial Management Guide available at
www.DOT.gov. Allowable costs are also subject to the approval ofthe State Administrative Agent for the
State of North Carolina, the Secretary of the Department of Public Safety.
10. Taxes: Sub - Recipient shall be considered to be an independent Sub- Recipient and as such shall be responsible
for all taxes.
11. Warranty. As an independent sub - recipient, the Sub - Recipient will hold the Recipient harmless for any liability
and personal injury that may occur from or in connection with the performance of this Agreement to the extent
permitted by the North Carolina Tort Claims AM. Nothing in this Agreement, express or implied, is intended to
confer on any other person any rights or remedies in or by reason of this Agreement. 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. Nothing herein shall be construed as a waiver of the sovereign
immunity of the State of North Carolina.
12. Audit Requirements: For all PHMSAgram programs, Sub - Recipient is responsible for obtaining audits in
accordance with 2 CFR 200 Subpart F.
13. State Promerty. Sub - Recipient shall be responsible for the custody and care of any property purchased with
HMEP funds furnished for use in connection with the performance of this Agreement and shall reimburse the
Recipient for any loss or damage to said property until the property is disposed of in accordance with HMEP
Program requirements. Recipient will not be held responsible for any property purchased under this MOU/MOA.
Title to the property purchased with HMEP funds shall be in the Sub - Recipient unles noted in section 2 of the
MCA.
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14. Points of Contact. To provide consistent and effective communication between Sub - Recipient 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.
The Department of Public Safety, North Carolina Emergency Management contact shall be, Assistant Director for
Planning & Homeland Security, the Homeland Security Grants Management Staff, and NCEM Branch Staff.
The Sub - Recipient point of contact shall be the HMEP Program Manager or the person designated by the Sub -
Recipient . 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.
15. Public Records Access: 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 PHMSA FOIA Office. This agreement may be
subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes.
16, Subcontracting: If Sub - Recipient subcontracts any or all purchases or services required under this Agreement,
then Sub - Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and
conditions of this MOA. Sub - Recipient and any subcontractor agree to include in the subcontract that the
subcontractor shall hold Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this MOA. If Sub - Recipient subcontracts any or all purchases or services required
under this MOA, a copy of the executed subcontract Agreement must be forwarded to Recipient. A contractual
arrangement shall in no way relieve Sub- Recipient of its responsibilities to ensure that all funds issued pursuant to
this grant be administered in accordance with all state and federal requirements. Sub - Recipient is bound by all
special conditions of this grant award as set out in the Grant Application Package and the Grant Award and
Special Conditions documents, incorporated by reference herein, as well as all terms, conditions and restrictions
of the applicable HMEP NOFOA referenced herein.
17. Situs: This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement
shall be filed in State Court in Wake County, North Carolina.
18. Antitrust Laws: This Agreement is entered into in compliance with all State and Federal antitrust laws.
19. 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, North Carolina Emergency Management, or the Sub -
Recipient. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the
remaining terms and conditions of this agreement shall remain in full force and effect.
20. Compliance with the law: Sub - Recipient shall be wholly responsible for the purchases to be made under this MOA
and for the supervision of its employees and assistants. Sub - Recipient 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 2015 HMEP
NOFOA.
21. 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.
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22. Modification. This Agreement may be amended only by written amendments duly executed by the Recipient and
the Sub - Recipient.
23. Termination. The terms of this agreement, as modified with the consent of all parties, will remain in effect until
9/15/2016. Either party upon thirty (30) days advance written notice to the other party may terminate this
agreement. Upon approval by USDOT, PHMSA 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 USDOT, PHMSA Grant
Adjustment Notice, incorporated by reference herein. If USDOT suspends or terminates funding in accordance
with 2 CFR 200 and the FY2015 HMEP NOFOA, incorporated by reference herein, the Sub - Recipient shall
reimburse North Carolina Emergency Management for said property and/or expenses.
24. Budget and Scope of Work:
SUB- RECIP[ENT shall implement the HMEP Grant project summarized below and as described in the approved
project application. That Application is hereby incorporated by reference into this Agreement. The AGENCY/
Recipient shall reimburse eligible costs according to the following expenditures:
A. Funding Summary
Project Costs:
Federal Share: $ 6,200.00
State Share: $ 0.00
Local Share: % 0.00
TOTAL: $ 6,200.00
B. Scope of Work Summary
Please see Attachment 1 for a detailed Scope of Work description.
C. Reports to be provided during Period of Performance
SUB - RECIPIENT must also provide a semi -annual summary (progress report); no later than June 15" to the
HMEP Grant Manager and /or Field Planner to ensure that the project deliverables are being met, and that
each gram contract is operating within budget.
D. Reports to be Provided at the Conclusion of Work (if applicable)
i. Semi - annual project progress reports.
ii. Sub - Recipient involved legal action that pertains to Planning Training Exercise and Equipment
purchased with HMEP;
iii. After action report from exercise;
iv. Training course roster and description
V. A copy of an plan created or re- written with gram funds
vi. Any other documentation that would be pertinent.
vii. Any invoices detailing the expenses associated with the project
viii. Proof of payment for each invoice
25. Lobbying Prohibition: The Sub - Recipient certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person or employee of any state or federal agency, a member of the N.C. General Assembly, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal Grant, the malting of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
B. In any funds other than Federal appropriated funds have been paid or will be paid to any person for
DocuSign Envelope ID: 2F8DOAAC- 3287 -486F- 96CB- CD05B1BA3F3D
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influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all
sub - awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative
agreements) and that all sub - recipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
❑ Sub- Recipient agrees to comply with above requirements
26. Assurance of Compliance with Title VI of the Civil Rights Act of 1964: During the performance of this
contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the
"contractor") agrees as follows:
A. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination
in Federally - Assisted Programs of the 2 C.F.R. 200 and North Carolina regulation as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are harain inanrDwated by reference and
made a part of this contract.
B. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, sex, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the Regulations.
C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either
by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the contractor of the contractors obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
D. Information and Reports: The contractor shall provide all information and reports required by the Regulations
or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of
information, and its facilities as my be determined by the Recipient or the Research and Special Programs
Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Recipient or the Research and
Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain such
information.
E. Sanctions for Noncompliance: In the event of the contractors noncompliance with nondiscrimination
provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special
Programs Administration may determine to be appropriate, including, but not limited to:
L Withholding of payments to the contractor under the contract until the contractor complies; and/or
ii. Cancellation, termination, or suspension of the contract, in whole or in part.
F. Incorporation of Provisions: The contractor shall include the provisions of every subcontract, including
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procumbent of materials and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The contract shall take such action with respect to any subcontract or procurements as the
Recipient or the Research and Special Programs Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provide, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the
contractor may request the Recipient to enter into such litigation to protect the of the Recipient and, in
addition the contractor may request the United States to enter such litigation to protect the interests of the
United States.
❑ Sub- Recipient agrees to comply with above requirements
27. Assurance of Compliance with Title V1 of the Civil Rights Act of 1964: Sub - Recipient HEREBY AGREES
THAT as a condition to receiving any federal financial assistance from the USDOT it will comply with Title VI
of the Civil Rights Act of 1964, 78 Stat. 252,42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the
Act) and all requirements imposed by or pursuant to 2 CPR Sub Pan F, Nondiscrimination in Federally - Assisted
Programs of the USDOT - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other
pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or
activity for which the Sub - Recipient receives federal financial assistance from the USDOT, and HEREBY GIVES
ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is
required by subsection 21.7(a) (1) of the Regulations. More specifically and without limiting the above general
assurance, the Sub - Recipient hereby gives the following specific assurance with respect to the project:
A. That the Sub - Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and
21.23(b) of the Regulations, will be (with regard to a "program ") conducted, or will be (with regard to
( "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations.
B. That the Sub - Recipient shall insert the following notification in all solicitations for bids for work or material
subject to the Regulations and, in adapted form in all proposals for negotiated agreements:
i. The Sub - Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d to 2000d4 and 2 CFR Sub Part F issued pursuant to such Act, hereby notifies all bidders that it
will affirmatively insure that in regard to any contract entered into pursuant to this advertisement,
minority, business enterprises will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, sex or national origin in
consideration for an award.
C. That the Sub - Recipient shall insert the clauses of this agreement in every contract subject to the Act and the
Regulations.
D. That this assurance obligates the Recipient for the period during which federal financial assistance is extended
to the project.
E. The Sub - Recipient shall provide for such methods of administration for the program as are found by the
Secretary of USDOT or the official to whom he delegates specific authority to give reasonable guarantee that
is, other recipients, sub Recipients, contractors, subcontractors, transferees, successors in interest, and other
participants of federal financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations and this assurance.
F. The Sub - Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, and Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants,
loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the
Recipient by the USDOT and is binding on it, other recipients, sub Recipients, contractors, subcontractors,
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transferees, successors in interest and other participants in the Department of Transportation Program. The
person or persons whose signatures appear below are authorized to sign this assurance on behalf of the
recipients.
❑ Sub- Recipient agrees to comply with above requirements
28. ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into
by Sub - Recipient executed in expending these grant funds.
The [Sub- Recipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree [in the case of deeds and leases add "as a covenant running with the land "] that in the event facilities are
constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit,
etc.] for a purpose for which a USDOT program or activity is extended or for another purpose involving the
provision of similar services or benefits, the Sub - Recipient, licensee, lessee, permittee, etc.] shall maintain and
operate such facilities and services in compliance with all other requirements imposed pursuant to 2 CFR Sub Part
F and as said Regulations may be amended.
That in the event of breach of the above nondiscrimination covenants, Sub - Recipient shall have the right to
terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and
hold the same as if said [licenses, lease, permit, etc.] had never been made or issued.
That in the event of breach of any of the above nondiscrimination covenants, Sub - Recipient shall have the right
to re-enter said lands and facilities thereon, and the above- deefTibsd lands and faaJltiss ehall thereupon revert to
and vest in and become the absolute property of Sub - Recipient and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by Sub -
Recipient.
The [Sub - Recipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree [in case of deeds, and leases add "as a covenant running with the land "] that (1) no person on the grounds of
race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements
on, over or under such land and the furnishing services thereon, no person on the grounds of rare, color, sex, or
national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to
discrimination, and (3) that the [Sub - Recipient, licensee, lessee, permittee, etc.] shall use the premises in
compliance with all other requirements imposed by or pursuant 2 CFR Sub Part F Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Sub - Recipient shall have the right
to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and
hold the same as if said [license, lease, permit, etc.] had never been made or issued.
That in the event of breach of any of the above nondiscrimination covenants, Sub - Recipient shall have the right
to re -enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to
and vest in and become the absolute property of Sub - Recipient and its assigns.
* Reverted clause and related language to be used only when it is determined that such a clause is necessary in
order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
❑ Sub- Recipient agrees to comply with above requirements:
29. Assurance of Compliance witb Privacy Act: The Sub - Recipient agrees:
A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there
under, when performance under the program involves the design, development, or operation of any system or
records on individuals to be operated by the Sub - recipient, its third -party contractors, subcontractors, or their
employees to accomplish a USDOT function.
B. To notify USDOT when the Sub - Recipient or any of its third -party contractors, subcontractors„ sub
recipients, or their employees anticipate a system of records on behalf of USDOT in order to implement the
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program, if such system contains information about individuals name or other identifier assigned to the
individual. A system of records subject to the Act may not be used in the performance of this Agreement until
the necessary and applicable approval and publication requirements have been met.
C. To include in every solicitation and in every third -party contract, sub - grant, and when the performance of
work, under that proposed third -party contract, sub grant, or sub agreement may involve the design,
development, or operation of a system of records on individuals to be operated under that third -party contract,
sub grant, or to accomplish a USDOT function, a Privacy Act notification informing the third party
contractor, or sub Recipient, that it will be required to design, develop, or operate a system of records on
individuals to accomplish a USDOT function subject to the Privacy Act of 1974, 5 U.S.C. §552x, and
applicable USDOT regulations, and that a violation ofthe Act may involve the imposition of criminal
penalties; and
D. To include the text of Subsections a through c in all third party contracts, and sub grants under which work
for this Agreement is performed or which is award pursuant to this Agreement or which may involve the
design, development, or operation of a system of records on behalf of the USDOT.
❑ Sub- Recipient agrees to comply with above requirements
30, Certification Reeardina Drue -Free Workplace Requirements (Sub Recipients Other Than Individuals):
This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988, 44 CFR Part
17, Sub Part F. The regulations, published in the January 31, 1989 Federal Register, require certification by sub -
Recipient, prior to award, that they will maintain a drug -free umAplara. The saetiftratian Fat out below is a
material representation ofact upon which reliance will be placed when the agency determines to award the grant.
False certification or violation ofthe certification shall be grounds for suspension of payments, suspension or
termination of grants, or government -wide suspension of debannent, (See 44 CFR Part 2)
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the Sub- Recipients workplace and specifying the actions that will
be taken against employees for violation of such prohibition.
(b) Establishing a drug -free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The Sub - recipient's policy ofmaintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace
(c) Making it a requirement that each employee to be engaged in the performance ofthe grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will:
(1) Abide by the terms ofthe statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2), from an employee or
otherwise receiving actual notice of such conviction;
(f) Taking one ofthe following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect
to any employee who is convicted -
(1) Taking appropriate personnel action against such an employee, up to and including termination, or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purpose by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Make a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (g).
Place(s) of Performance: The Sub- Recipient shall insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant (street address, city, county, state, zip code)
❑ Sub- Recipient agrees to comply with above requirements:
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31. Execution and Effective Date: This grant shall become effective upon return of this original Grant Award and
Memorandum of Agreement, properly executed on behalf of the Sub - recipient, to North Carolina Emergency
Management and will become binding upon execution of all parties to the Agreement. The terms of this
Agreement will become effective 10/01/2015. The last signature shall be that of Frank L. Perry, Secretary for the
North Carolina Department of Public Safety.
32. Term of this Agreement: This agreement shall be in effect from 10/0112015 to 09/15/2016.
DocuSign Envelope ID: 2F8DOAAC- 3287- 486F- 96CB- CD05B1BA3F3D
DocuSign Envelope ID: 234687C7- 4602- 48CA- AO69- 62D9A234C9D1
IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this
Agreement will be effective as of 10/01/2015
N.C. DEPARTMENT OF
PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
1636 GOLD STAR DR
RALEIGH, NC 27607
EDo by
Akm QBY794AS
MICHAEL A. SPRAYBERRY, DIRECTOR
NORTH CAROLINA EMERGENCY MANAGEMENT
APPROVED AS TO PROCEDURES:
DocuSlgned by:
Cal i s �, krkt,
BY: 2D03F7ADOSAA40D._.
JAMES J. CHEROKE, CONTROLLER
DEPARTMENT OF PUBLIC SAFETY
NEW HANOVER COUNTY
230 GOVERNMENT CENTER DR
SUITE 115
WILMINGTON, NC 28403
DocuSigned by:
C�aYYti ln,
tul
BY: OF9492A270804P.-
WARREN LEE, DIRECTOR
DocuSigned by:
L? C.
�-
BY• 79FRnn71R7FA434
Tim Burgess, Assistant County manager
DocuSigned by:
+
Vv��� �LIIK
BY:
WILLIAM POLK, ASSISTANT GENERAL COUNSEL
REVIEWED FOR THE DEPARTMENT OF
PUBLIC SAFETY, BY WILLIAM POLK,
DPS ASSISTANT GENERAL COUNSEL, TO FULFILL THE
PURPOSES OF THE US DEPARTMENT OF
TRANSPORTATIONGRANT PROGRAMS
FocuSigned by:
r a y 1� b.- Pn
FRANK L. PERRY, SECRETARY
DEPARTMENT OF PUBLIC SAFETY
THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE
FOR THE FY 2015 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT PROGRAM ONLY AND IS
SUBJECT TO EXECUTION BY FRANK L. PERRY, SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY.
THIS MOU /MOA SHOULD NOT BE USED FOR OTHER MOUs/MOAs FOR THE HMEP FOR OTHER FISCAL YEARS.
14
DocuSign Envelope ID: 2F8D0AAC- 3287- 486F- 96CB- CD05B1 BA3F3D
HMEP TRAINING /PLANNING GRANT
APPLICATION PACKET
2015
NORTH CAROLINA
EMERGENCY MANAGEMENT
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
(HMEP)
GENERAL INFORMATION
United States Department of Transportation Hazardous Materials Emergency
Preparedness (HMEP) Planning Grant funds will be passed through to Local
Emergency Planning Committees (LEPCs) and Tribes within North Carolina on a
competitive basis. The maximum amount awarded to any single county LEPC is
$10,000 or $25,000 for a multi - county project. Exceptions to the limit can be made for
multi- county LEPCs on a case by case basis. To be considered, award applications
must be received by Area Coordinators /Branch Managers no later than August
21, 2015.
This is a United States Department of Transportation grant and is managed by the
Pipeline and Hazardous Materials Safety Administration ( PHMSA). The HMEP funds
are derived from shippers of hazardous materials; therefore, there is an expectation that
the funds will be used for enhancing preparedness for transportation incidents involving
hazardous materials. PHMSA expects funding provided under this grant to be used to
enhance preparedness for a transportation emergency involving hazardous materials.
This year top priority will be given to (in order):
• Joint/regional activities that address identified gaps in capabilities and include
responders from multiple jurisdictions and disciplines
• Exercises of chemical emergency response plans that actively engage Risk
Management Plan (RMP) facilities
• Development of emergency response plans with a clearly identifiable hazardous
materials focus or the development or update of the hazardous materials annex
to the County/Tribal Plan
• LEPC outreach and training events involving local responders and industry
ANTICIPATED LEPC PERFORMANCE PERIOD
January 1, 2016 through September 15, 2016
ELIGIBLE PROJECTS AND ACTIVITIES
Emergency Management Division 1
0 811 9 11 511MEP PlenningRraining Sub Grant
DocuSign Envelope ID: 2F8DOAAC- 3287- 486F- 96CB- CD05B1 BA31`31D
The following activities are eligible as projects for consideration. The intent of this
process is to allow grant funds to be used by LEPCs for a variety of identified planning
needs.
Workshops, drills, and exercises of hazmat emergency plans.
• Developing, improving, and implementing emergency plans required
under the Emergency Planning and Community Right -to -Know Act.
• Creation or revision of LEPC/TEPC Emergency Response Plans, or
Hazardous Materials Annexes to County/Tribal Plans.
• Planning and coordination with Regional Response Teams.
• Conducting or revising Hazard Identification and Vulnerability Analyses.
• LEPC training and outreach workshops or conferences.
GRANT AWARD CRITERIA
Applicants must ensure their hazardous materials response plan is consistent with the
provisions of the Emergency Planning and Community Right -To -Know Act (EPCRA) or
Superfund Amendment Reauthorization Act (SARA), Title III and have a functional and
active LEPC or Tribal hazardous material response program. Proposed projects will be
competitively evaluated according to the following selection criteria:
• Does the project conform to state and federal guidelines?
• Is the project directly related to the transportation of hazardous materials?
• How effective will the project be in improving HAZMAT capabilities?
• How cost effective is the proposed project?
• Does it contribute to other jurisdictions planning and regional response efforts?
Applicants must have an active registration in the federal System for Award
Management (SAM).
BUDGETARY CRITERIA
The following budgetary rules apply to all applications.
Allowable expenses for activities eligible under HMEP grant:
• Transportation related hazardous materials emergency response plans
and exercises
• Hiring contractors or consultants to perform work eligible under the
grant
• Equipment rental
• Per diem and travel expenses
• Supplies and training materials
Emergency Management Division
08/19115HMEP Planningrrrainlrg Sub Grant
DocuSign Envelope ID: 2F8C 7AAC- 3287- 486F- 96CB- CD05B1 BA3F3D
• Mail and postage costs
• Printing and reproduction costs
Non - allowable expenses:
• No HMEP funds may be used for the purchase of operational equipment
(Including software and electronics) (See conditionally - allowable
expenses for Tier II funding and equipment)
• No funds may be used to replace or supplant local government funding
of existing planning or exercise programs
• Salary (including overtime) of any employees who backfill positions
Conditionally- allowable expenses:
• Non - transportation related fixed facility exercises: Although not
allowable under federal HMEP funding, a limited amount of funding from
Tier II fees exists to fund fixed facility exercises. Fixed facility projects
will be considered on a case by case basis while funding allows.
• Hazardous Materials equipment purchases for operational response:
Although not allowable under federal HMEP funding, a limited amount of
funding from Tier II fees exists to fund hazmat specific equipment
purchases. The purchases will be considered on a case by case basis
while funding allows.
For more information about project and expense eligibility, please see the HMEP Grant
Program Expenditures and Activities Guide, published by the Pipeline and Hazardous
Materials Safety Administration.
APPLICATION REVIEW
Proposed project applications will be subjected to a competitive review process.
Applications will be prioritized and conditionally approved at the branch level. A review
panel consisting of branch managers and SERC Commissioners will meet before
September 25, 2015 to review and approve all applications. An effort will be made to
achieve the broadest possible geographic distribution of these awards.
MONITORING AND FOLLOW -UP REQUIREMENTS
LEPCs receiving grant funds must enter into a Memorandum of Agreement with the
Division of Emergency Management. Additionally, they must provide a semi - annual
summary (progress report), not later than May 30, 2016, to the Hazardous Materials
Program Manager to ensure that the project deliverables are being met, and that each
grant contract is operating within budget.
Emergency Management Division
08119115HWP PlanningRminBg Sub Gmm
DocuSign Envelope ID: 2F8D )AAC- 3287- 486F- 96CB- CD05B1 BA3F3D
Final documentation is required by October 15, 2016 and includes the following:
• Completed cost report
• After Action Report (AAR) detailing the outcome and benefit of the exercise or a
copy of the updated hazmat emergency response plan.
• Invoice /Invoices dated before September 15, 2016.
• Proof that the invoice or invoices were paid, such as a cancelled check or
accounting system printout.
NOTE: Funds will not be reimbursed until all deliverables are received
APPLICATION PROCESS
1. Complete the attached Planning Project Application Form
2. Submit a separate set of applications for each proposed project (if necessary)
3. If submitting a joint/regional application, establish priorities and clearly show
how each jurisdiction will benefit.
4. f multiple projects are requested, establish and define a priority list.
5. Submit project proposal electronically via e-mail attachment to appropriate
Area Coordinator who will either tentatively approve or disapprove. The Area
Coordinator will forward tentatively approved applications to the Branch
Manager for their conditional approval.
6. If there are any questions regarding this process, please contact the NCEM
=PCRA Planner at 919 - 825 -2277 or email eperareporting @ncdps.gov.
Emergency Manapement Divlsion 4
08/19115HMEP Planninglrminig Sub Grant
DocuSign Envelope ID: 2F8DCAAC- 3287- 486F- 96CB- CD05B1BA3F3D
2015 HMEP PLANNING/TRAINING PROJECT APPLICATION FORM
INSTRUCTIONS
Provide the information requested in items A through G. Use the application format;
however, you may generate this format on a word processor or similar method. Please
type or print all responses clearly.
Limit your esponse to the space allocated whenever possible. If this is not possible,
please ind cate on the form when additional pages are attached. Clear, complete, and
concise information is required for the panel to make fair and equitable decisions.
A. Name of Office: New Hanover County LEPC
B. Mailing Address:
c/o New Hanover County Emergency Management
230 Government Center Drive, Suite 115
Wilmington, NC 28403
C. Contact Person's Name:
Kevin Cowan
Title:
LEPC Chair
Telephone:
(910) 520 -5804
Facsimile:
(910) 798 -6904
E -mail:
tersmithCc)nhcgov.com
D. Title of Project:
Flammable Liquid Railcar Leak
E. Contract Information:
Taxpayer Identification #: 56- 6000324
DUNS #: 040029563 /
Name and Title of Person Warren Lee
Authorized to Sign contract: C I
Emergency Management Divklwr 5
05119/15HMEP Ptmnln mining Sub Grant
DocuSign Envelope ID. 2F8COAAC- 3287- 486F- 96CB- CD05BiBA3F3D
Statement of Work:
This grant will fund a functional exercise simulating a leaking railcar of flammable liquid.
The exercise will require participation from Regional Response Team (RRT -2), Wilmington
Fire, New Hanover County Fire & Rescue, Wilmington Police Department, New Hanover
County Sheriff's Office, New Hanover Regional EMS, and New Hanover County Emergency
Management. Other players may include the US Coast Guard, North Carolina State Ports
Police Department and industry partners.
Exercise objectives include:
1. Ability to establish appropriate isolation distances.
2. Ability to identify leaking substance.
3. Ability to mitigate leak.
4. Ability to deploy foam fire suppressant.
5. Ability to protect critical habitats.
A Consultant will assist with exercise design, provide exercise evaluators and prepare post
incident critique.
1. Please click here if you would like to request the state regional response hazmat team
participate in your HMEP grant activity. Requests for regional response team participation
will be reviewed and granted as funding allows. Regional response team participation will be
funded by Tier II revenues and do not need to be accounted for in your project budget.
Please describe desired RRT involvement (technical assistance, exercise participation, pre-
planning, etc): RRT -2 is located within the jurisdiction of the New Hanover County LEPC.
They will be requested to stop the leak and mitigate the surroundings.
Notes:
• Breakdown activities into dear actions
Identify personnel providing services if applicable
• Identify measurable tangible deliverables /results
Emergerq Mancgement Division
DBM9FI5HMEP PlannirgrFralnkV Sub Grant
DocuSign Envelope ID: 2F8DOAAC- 3287- 486F- 96CB- CD05B1BA3F3D
G. Project Timeline:
(Include measurable activities for task completion and critical dates. Projects must
be completed in time to submit ALL paperwork by September 15, 2016)
Date
milestone
March 15, 2016
Grant Acceptance
April 1, 2016
Planning meeting with key agencies and partners.
June 1, 2016
Functional Exercise
August 1, 2016
Final report due
Emergency Management DMebn
08119115HMEP Planningrrrelning Sub Grant
DocuSign Envelope ID: 2F8DOAAC- 3287- 486F- 96CB- CD05B1 BA3F3D
H. Budget:
(Please provide your projected costs.)
ITEM DESCRIPTION
TRAINING or PLANNING7
COST
FACILITY RENTAL
EQUIPMENT RENTAL
TRAVEL AND PER DIEM
GOODS AND SERVICES
Training
$500
SUPPLIES AND MATERIALS
Training
$500
MAIL AND POSTAGE
PRINTING AND REPRODUCTION
CONSULTANT FEES
Planning
$9,000
OTHER COSTS (Pleasespecify.)
TOTAL PROJECT COST
$10,000
GRANT AMOUNT
$10,000
• Final signed Cost Report to be submitted with final performance report &
deliverables — Cost Report not to exceed total amount of Grant award.
Emergency Mwacenlent Di*!Dn
08119115HMEP PLmnilgr1rainirg Sub Grant