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HomeMy WebLinkAboutFY17 EMERG MGT EMPG MOA FOR FY16DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Department of Public Safety EmergenvyManagement Pat McCrory, Govemor Frank-L. Perry, Secretary Michael A Spraybeay, Director Emergency Management Performance Grant Program "EMPG" CFDA #: 97.042 Fiscal Year 2016 Grant Award #: EMA- 2016 -EP- 00002 -SOI MEMORANDUM OF AGREEMENT (MOA) Between Recipient: Sub - Recipient: State of North Carolina New Hanover County Emergency Management & 911 Department of Public Safety Tax ID/EIN #: 56- 6000324 -A Emergency Management DUNS #: 040029563 MOA # 16065 MOA Amount: Baseline - $62,500.00, Optional- $TBD DPS Fund Code: 1500- 8016 -35HD MOA Period of Performance: 10/01/2016 to 09/30/2018 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 Homeland Security (USDHS) EMPG Grant Program. A copy of the complete federal grant instructions is available at www.fema.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 EMPG funding to the Sub - Recipient to fund projects related to Emergency Management Planning, Operations, Equipment Purchases, Trainings and Exercises. For a more detailed description of the project approved please refer to the approved FY 2016 EMPG application. (Attachment 1) 2. Program Authorization and Rezalations This Agreement is authorized under the provisions of: 1) Public Law 112 -74, The Department of Homeland Security Appropriations Act, 2016 (Pub. L. No. 113 -76); The 9/11 Commission Act of 2007; 3) Public Law 107 -56, (6 U.S.C. § 101 et seq.), the USA Patriot Act of 2001; 4) Public Law 107 -296, the Homeland Security Act of 2002; 5) Public Law 109 -295, The Post - Katrina Emergency Management Reform Act of 2006, 6 U.S.C. 752(c); 6) the implementing recommendations or regulations of each Act or Law, if any; 7) the US Department of Homeland Security, FY 2016 EMPG Notice of Funding Opportunity Announcement (NOFOA) available at www.fema.gov; 9) applicable Grants Programs Directorate (GPD) Information Bulletins available at www.fema.gov; and 10) the NC Emergency Management Act, Chapter 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 MOA must be signed by the Official(s) authorized to sign below and returned to North Carolina Emergency Management no later than 60 days after 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. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Deriartment of Public Safety Emergency Management Pat McCrory; Govemor Michael A. 5praybern% Duector Frank L. Perry, Secretary 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 EMPG funding is contingent upon completion of all EMPG 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. The county must have a full -time or part-time (at least 50 %) Emergency Management Program Director iii. Complete any procurement(s) and expenditures no later than September 30, 2016. iv. Provide quarterly progress reports to NCEM Branch or Grants office personnel using the latest Grant Quarterly Report form by the following dates: January 15, April 15, July 15, and October 15. v. Match Requirement: FY 2016 EMPG funding to locals requires a match requirement of 50% Local (Sub- Recipient). Every federal dollar received requires the Sub - Recipient to match dollar for dollar. There are two forms of matching sources. One, cash match, includes cash spent for project - related costs, e.g. salaries of emergency management positions. Two, in -kind match, includes, but is not limited to, the valuation of in -kind services. "In- kind" is the value of something received or provided that does not have a cost associated with it. For example, if in -kind match is permitted by law, then the value of donated services could be used to comply with the match requirement. The match funding source for EMPG cannot be matched to any other federal grants. The Sub - Recipient will identify to the Recipient the match source on their application for EMPG funds. Recipients of EMPG funding can review the FY 2016 EMPG Program Funding Opportunity Announcement (FOA), paragraph IV, Funding Restrictions for additional guidance. The file guidance is available at http: / /www.fema.gov /government /grant/index.shtm or http: / /www.fema.gov /government /grant/empg/. Contact your NC Emergency Management Area Coordinator or Multi- Hazard Planner for assistance. vi. Upload all activity deliverables into WebEOC for review and approval for Universal and Optional activities. B. File Retention: 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. Grantee must meet the financial administration requirements in 2 CFR Part 200 and must maintain a file for each EMPG grant award. The files must be available for review by North Carolina Emergency Management Staff for site visits, project closeout and future audits. 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 available for review by North Carolina Emergency Management staff for site visits, project closeout and future audits. i. Sub - Recipient must include appropriate documentation in the file, including but not limited to the following documents: 1. Grant Award and Memorandum of Agreement/ Memorandum of Understanding and Supporting Appendices DocuSign Envelope ID: 77679777- 9C954404- A414- 518E83CB62BE North Carolina Department of Public Safety Emergency Management Pat McCrory, Govemor Michael Spraybeay, Director Frank L. Perry, Secretary 2. Completed appropriate cost report forms with invoices and proof(s) of payment 3. Audit Findings and Corrective Action Plans 4. Equipment Inventory records with photo documentation of labeling C. Employees must be covered by an approved Pay Plan. However, the Director may be exempt from this requirement. D. The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations. 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 2016 EMPG Application Packet, incorporated by reference herein. The Recipient certifies that it understands and agrees to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the 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 - recipient to these requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by the Sub - recipient; and that all agencies involved with this project understand that all federal funds are limited to the federal period of performance. 6. SuuDlantation Sub - recipients 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 emergency management 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 emergency management activities. 7. Compliance Sub - recipient 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 2016 EMPG Notice of Funding Opportunity Announcement (NOFOA). Sub - recipient 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 - recipient to perform the work activities as described herein. ii. Conduct a review of the project to ensure that it is in accordance with EMPG requirements. iii The performance period for the award to the State of North Carolina, Department of Public Safety, North Carolina Emergency Management, ends on September 30, 2018. Funds allocated for the performance of the work activities must be encumbered and invoices received by the State of North Carolina, Department of Public Safety North Carolina Emergency Management V (Recipient), by September 30, 2018. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE k=V"_A� JNorth Carolina Department of Public Safety Emergency Management Pat McCrory, Govemor ?Michael A. Spraybem,, Director Frank-L- Perry, Secretary iv. Directly monitor the completion of this project. C. The Sub - Recipient shall: i. Expend FY 2016 EMPG Grant Program funds in accordance with the applicable USDHS and EMPG NOFOA, the Grant Application Package, and the Grant Award and Special Conditions documents, incorporated by reference herein, of this MOA for the performance of the work activities. ii. 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. Sub - Recipient must follow procurement procedures and policies as outlined in the applicable USDHS and EMPG NOFOA and the USDHS 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 US DHS 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 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 et. seq.; Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205; FEMA 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. D. Complete all Universal and up to six Optional work activities as identified in the FY 2016 EMPG Local Activity Directory which is a part of the FY 2016 EMPG application packet, incorporated by reference herein. DomSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Department of Public Safety Emergen"yManagement Pat McCrory, Governor Michael A- Spraybeny, Direeor F—k-L. Pe:ry, Secretary E. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable EMPG Program NOFOA and Grant Award and Special Conditions documents. F. Upload all completed activity deliverables into WebEOC for review and approval for Universal and Optional activities not later than September 30, 2016. G. Submit invoice(s) requesting reimbursement to NCEM Planning and Homeland Security, Grants Management Branch. Recipient will reimburse Sub - Recipient for eligible costs as outlined in the applicable USDHS and EMPG Program NOFOA. Sub - Recipient must take possession of all purchased equipment, receive any grant - eligible service and complete Universal and up to six Optional work activities prior to seeking reimbursement from the Recipient. H. Complete the procurement(s) process not later than September 30, 2018. I. Provide a list at project completion phase to the Area Coordinator and/or Branch Office, Homeland Security Grant Manager, listing all items purchased through the grant. J. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable EMPG NOFOA and Grant Award and Special Conditions documents. K. 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 /portat/public /SAM/ and the State Debarred Vendors Listing, http : / /www.pande.ne.gov /actions.asp to verify that contractors or sub- Recipients have not been suspended or debarred from doing business with the federal government'. L. Ensure that EMPG 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. M. Non - supplanting Requirement. Federal grant finds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. N. All materials publicizing or resulting from award activities shall contain this acknowledgement: "This project was supported by a Federal award from the U.S. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Department otPublic Safety EmergencyManagement Pat McCrory, Govemor Michael A- Sprayberry:Director -Frank-L. Perrv, Secretary Department of Homeland Security, Office of Grants and Training and 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 "Funded by U.S. Department of Homeland Security. O. 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. P. 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. Q. 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. i. 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 grant, vendor, invoice number, cost per item, number of items, description, location, condition and identification number may be used to meet this requirement. The Sub - Recipient 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 DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Department of Public Safety DPSEmergency Management Pat McCrory, Governor Michael A. Spraybeny, Director Frank L. Perry, secretary 200. Sub - Recipient must provide documentation that includes the method used to determine current fair market value. v. Only authorized equipment listed in the Authorized Equipment List (AEL), with appropriate grant listed are eligible for purchases from this grant. For more guidance visit www.fema.gov. R. No indirect or administrative costs will be charged to this award. S. Sub - Recipient 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. U. 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 httn: / /fedgov.dnb.com/webform. V. System for Award Management (SAM) registration is required for all applicants. Each Sub - Recipient shall ensure that its 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 FEMA awards. SAM information can be found at http: / /www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore it is imperative that the information is correct. Fundin¢ All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from USDHS and NCEM for the purpose set forth and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the applicable USDHS Program Guidelines, which include, but may not be limited to, the FY 2016 EMPG NOFOA, available at: www.fema.gov, 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 USDHS Financial Management Guide available at www.dhs.gov. 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. 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 DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE 07"AW OnXmergencjl%lanngement orth Carolina Department of Public Safety Pat McCrory, Governor Frank L_ Perry, Secretary Michael A. Spraybern•, Director Act. 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 USDHS grant programs, Sub - Recipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. 13. State Property Sub - Recipient shall be responsible for the custody and care of any property purchased with EMPG 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 EMPG Program requirements. Recipient will not be held responsible for any property purchased under this MOU /MOA. Title to the property purchased with EMPG funds shall be in the Sub - Recipient unles noted in the MOA. 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 the 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 EMPG 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. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE Noi-th Carolina Department of Public Safety Emergency Management Pat McCrory, Governor Frank L. Perry, Secretary Michael .- Spmybem•, Director 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 FEMA FOIA Office. This agreement may be subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes. 16. Subcontractina 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 terns, conditions and restrictions of the applicable EMPG 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 2016 EMPG NOFOA. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE � North Carolina I)el ?�ll'tlllellt of �11�)llc JEmei-gency-Managenient Pat McCrory, Govemor Frank -L_ Perry, Secretary Michael A. Spravberry, Director 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. 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 September 30, 2016. Either party upon thirty (30) days advance written notice to the other party may terminate this agreement. Upon approval by USDHS, 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, FEMA Grant Adjustment Notice, incorporated by reference herein. If USDHS suspends or terminates funding in accordance with 2 CFR 200 and the FY2016 EMPG 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 The Sub - Recipient shall implement the EMPG Grant project summarized below and as described in the approved FY 2016 EMPG application. That Application is hereby incorporated by reference into this Agreement. The Recipient shall reimburse eligible costs according to the following expenditures: A. Funding Summary Project Costs: Federal Baseline Share: $62,500.00 Federal Optional Share: TBD Local Baseline Share: $62,500.00 Local Optional Share: TBD SatCom Deductions: TBD TOTAL: TBD B. Scope of Work Summary Please refer to the approved FY 2016 EMPG application. C. Reports to be Provided at the Conclusion of Work (if applicable): i. Quarterly project progress reports; ii. Sub - Recipient involved legal action that pertains to Planning, Training, Exercise, and Equipment purchased with EMPG; iii. After action report from Trainings or Exercises; DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Department of Public Safety Emergency Alanagement Pat McCrory, Govemor liichaelA. Spraybenti,Director Frank-L. Perry, Secretary iv. Training course roster and description; v. Any other documentation that would be pertinent; vi. Any invoices detailing the expenses associated with the project. 25. Lobbying Prohibition The Sub - Recipient certifies, to the best of its 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 NC 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 making 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. If any funds other than federal appropriated funds have been paid or will be paid to any person for 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. 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 herein incorporated by reference and made a part of this contract. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE WAWP--A North Carolina Department of Public Safety DMiEmergene.y1%lanagement Pat McCrory, Govemor Michael A. Sprayberrv, Director Frank L_ Perry, Secretary 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. Includina 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: i. 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 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 DocuSign Envelope ID: 77679777- 9C95-4404- A414- 518E83CB626E North Carolina Department of Public Safety EmergencyManagement Pat Mc Cron; Governor Michael A- Spraybeay, Director Fr kL. Perry, Secretary protect the interests of the United States. 27. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 Sub - Recipient hereby agrees that as a condition to receiving any federal financial assistance from the USDHS 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 CFR Sub Part F , Nondiscrimination in Federally- Assisted Programs of the USDHS - 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 USDHS, 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. 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. 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: In accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d -4 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. Insert the clauses of this agreement in every contract subject to the Act and the Regulations. D. This assurance obligates the Recipient for the period during which federal financial assistance is extended to the project. E. Provide for such methods of administration for the program as are found by the Secretary of USDHS or the official to whom he delegates specific authority to give reasonable guarantee that is, other recipients, sub Recipients, contractors, DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE IWSNorth Carolina Department of Public Safety Emergency Management Pat McCrory, Go;emor Frank-L. Perry; Secretary A4ichaelA- Spraybeiry, Director 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. 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 USDHS and is binding on it, other recipients, sub Recipients, contractors, subcontractors, 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. 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: A. The [Sub- Recipient, licensee, lessee, permittee, etc., as appropriate] for itself, 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 USDHS 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. B. 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. C. 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 - described lands and facilities shall 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: DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Departmentof Public Safety EmergencyManagement Pat McCrory, Governor Michael A- Sprayberry, Director Fr-*L. Perry, Secretary A. 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 race, 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. B. 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. C. 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. 29. Assurance of Compliance with 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 USDHS function. B. To notify USDHS 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 USDHS in order to implement the 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. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Department of Public Safety EmergencyManagement Pat McCrory, Govemor Michael A. Spraybem,_ Director Frank -L. Perry, Secretary 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 USDHS 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 USDHS function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable USDHS regulations, and that a violation of the 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 USDHS. 30. Certification Regarding Drug -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 workplace. The certification set out below is a material representation of act upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government -wide suspension of debarment, (See 44 CFR Part 2) A. Publish 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. Establish a drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The Sub - recipient's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Make it a requirement that each employee to be engaged in the performance of the 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: i. Abide by the terms of the statement; DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE ��North Carolina Department of Public Safety Emergency Management PatMcCrory, Governor Michael A. Spraybeny, Dbvctor Frank L. Peny, Secretary ii. 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) (ii), from an employee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(ii), with respect to any employee who is convicted: i. Taking appropriate personnel action against such an employee, up to and including termination; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state, local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). 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 October 1, 2016. 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 October 1, 2016 to September 30, 2018. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE North Carolina Departmentof Public Safety Emergency Management Pat McCrory, Govemor Michael A. Spraeberrv, Director Frank L. Perry, Secretary IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this Agreement will be effective as of October 1, 2016. N.C. DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT 1636 GOLD STAR DR RALEIGH, NC 27607 DocuSigned by: B Mule a d Q. Spra,b�,m., MI ema&RA BE Y, DIRECTOR NORTH CAROLINA EMERGENCY MANAGEMENT APPROVED AS TO PROCEDURES: BY: JAMES J. CHEROKE, CONTROLLER DEPARTMENT OF PUBLIC SAFETY BCDocuSigned by �i�lawl �DUc 2891 B1 CC4724404... WILLIAM POLK, ASSISTANT GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF PUBLIC SAFETY, TO FULFILL THE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS BY: FRANK L. PERRY, SECRETARY DEPARTMENT OF PUBLIC SAFETY COUNTY OF NEW HANOVER & 911 230 GOVERNMENT CENTER DRIVE., SUITE -115 WILMINGTON, NC 28403 Warren Lee PRINT NAME DocuSigned by: II' E'>NAffTRE Director, Emergency Management TITLE THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT 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 EMPG FOR OTHER FISCAL YEARS. DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62SE New Hanover County Emergency Management & 911 Communications STATE OF NORTH CAROLINA 230 Government Center Dr, Suite 115 DEPARTMENT OF PUBLIC SAFETY Wilmington NC 27403 - North Carolina Emergency Management 56- 6000324 -A Physical Address: 4105 Reedy Creek Road, Raleigh, NC 27607 1901 - 1500- 801635HD -2016 iCOST REPORT 1 - FISCAL YEAR 2016 10/01/15 - 09/30/17 EMERGENCY MANAGEMENT EMPG PERFORMANCE GRANT EMPG- 2016 -37129 DUNS No.: 040029563 Branch: Eastern Sub - Recipient: New Hanover County Emergency Management & 911 Communications Address: 230 Government Center Dr, Suite 115 SATCOM Deductions Wilmington NC 27403 - Federal ID No.: 56- 6000324 -A Account No.: 1901 - 1500- 801635HD -2016 Grant Period: 10/01/15 - 09/30/17 Project: EMPG Grant File No: EMPG- 2016 -37129 DUNS No.: 040029563 Branch: Eastern Funding Worksheet 2016 EMPG Initial Amount Universal Amount (Base Amount) Optional Amount SATCOM Deductions Balance to be Paid Federal /State $62,500.00 $62,500.00 TBD TBD $ 0 Local Match $62,500.00 $62,500.00 TBD TBD $ 0 Total $125,000.00 $125,000.00 TBD TBD $ 0 This is the first of two Cost Reports. This Initial Cost Report reflects the Universal (Base) Amount that your county is eligible to receive provided all Univeral activities are completed, and documentation is approved by the State before the designated deadline. This Cost Report requires appropriate signatures and return to the state for payment of eligible EMPG work activities completed to date. The second Cost Report will reflect completed and approved Optional work activity amounts by your Emergency Management program. SATCOM Deductions and a Balance to be Paid will also be reflected in Cost Report 2 to give you a total 2016 EMPG Final Amount award for your county. Please note that failure to complete any Universal activity will result in a 12.5% penalty per activity to be assessed against your 2017 EMPG funds. Certification: I certify the above are correct, based on grantee's official accounting system and records, consistently applied and maintained, and that expenditures shown have been made for the purpose of and in accordance with, applicable grant terms and conditions, and that appropriate documentation to support these costs and expenditures is available or attached. kzkl% yefyeance Officer Authorized Signature aMJA, 1� 9/19/2016 1 08:41:14 AM EDT -N& wff fEqmbb&p@rgency Management & 911 Communications Authorized Signature Director's Approval Signature Department of Public Safety Controller's Office Approval 9/26/2016 1 08:08:20 Date Date 9/1/2016 1 17:48:06 Pd Date Date Printed: 8/23/2016 2:22:41 PM 2016 Cost Report 1 DocuSign Envelope ID: 77679777 -9C95- 4404- A414- 518E83CB62BE AMEDMENT TO THE ORIGINAL NCEM EMPG MOA FOR FY2016 This amendment shall become effective as of today, September 1, 2016. The following shall be modified as follows: 4. Funding Eligibility Criteria (Pace 2) Section A, paragraph iii: Complete any procurement(s) and expenditures no later than September 30, 244-6. Should read: Complete any procurement(s) and expenditures no later than September 30,2017,,-r 8. Responsibilities (Page 4) Section F: Subsection Upload all completed activity deliverables into WebEOC for review and approval for Universal and Optional activities not later than September 30, 2016: Should read: Upload all completed activity deliverables into WebEOC for review and approval for Universal and Optional activities not later than September 30, 2017✓ 23. Termination (Page 10) The terms of this agreement, as modified with the consent of all parties, will remain in effect until September 30, 2816. Either party upon thirty (30) days advance written notice to the other party may terminate this agreement. Upon approval by USDHS, 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, FEMA Grant Adjustment Notice, incorporated by reference herein. If USDHS suspends or terminates funding in accordance with 2 CFR 200 and the FY2016 EMPG NOFOA, incorporated by reference herein, the Sub - Recipient shall reimburse North Carolina Emergency Management for said property and/or expenses. Should read: The terms of this agreement, as modified with the consent of all parties, will remain in effect until September 30,2017.,Z . Either party upon thirty (30) days advance written notice to the other party may terminate this agreement. Upon approval by USDHS, 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, FEMA Grant Adjustment Notice, incorporated by reference herein. If USDHS suspends or terminates funding in accordance with 2 CFR 200 and the FY2016 EMPG NOFOA, incorporated by reference herein, the Sub - Recipient shall reimburse North Carolina Emergency Management for said property and/or expenses. This Amendment Agreed Upon and Executed: By: �Dm (At, by: lJ� ..•• Date: 9/19/2016 1 08:41:14 AM EDT 47NE18EDCESQE...