FY17 Emergency Mgt Tier II grant contractDocuSign Envelope ID: F3967981- 9ACl- 4F59- 88CD- 9D6E943181D3
North Carolina Department of Public Safety
WSEmergency Management
Roy Cooper, Governor
Erik Hooks, Secretary
Michael A. Sprayberry, Director
June 28, 2017
NORTH CAROLINA TIER 11 GRANT
Fiscal Year 2017
Grant #: TIER I1 -2017
SUB AWARD NOTIFICATION
Name: Timothy C. Burgess Period of Performance: 1/112017 to 12/31/2017
Sub - recipient: New Hanover County LEPC Project Title(s): LEPC Non- Competitive Grant
Address: 230 Government Center Drive, Suite 1 15 Total Amount of Award: $2000
Address: Wilmington, NC 28403 MOA #: T2- 2017 -MOA 1764
1 am pleased to inform you that your county has been awarded a 2017 Tier 11 Non - Competitive Grant in the
amount of $2000.
These funds are to be used by your county's Local Emergency Planning Committee (LEPC) for hazardous
materials emergency response planning, training, and related exercises. Attached is a Memorandum of
Agreement (MOA) which must be signed and returned to North Carolina Emergency Management (this
can be completed online via DocuSign).
Only one recipient signatory is required, the remaining lines are there for your convenience should your
county have internal policies that require multiple signatories.
If you have any questions or need further assistance please contact:
NCEMGrantsl@ncdps.gov
North Carolina Emergency Management
Mail: 4105 Reedy Creek Drive, Raleigh, NC 27607
Phone: (919) 825-2332
Callion L. Maddox
Homeland Security Grants Branch Manager
GRANT AWARD NOTICE: THIS AWARD IS SUBJECT TO THE GRANT SPECIAL CONDITIONS
AND FINAL APPROVAL BY THE DEPARTMENT OF PUBLIC SAFETY, NORTH CAROLINA
EMERGENCY MANAGEMENT GRANT PROGRAM BUDGET AND NARRATIVE
MAILING ADDRESS OFFICE LOCATION
4105 Reedy Creek Drive 1636 Gold Star Drive
Raleigh NC 27607 Raleigh, NC 27607 -3371
w .readyne.org Telephone: (919) 825 -2500
11-11.•- 11.1 —, P.— /olo1219, Q.
DocuSign Envelope ID: F3967981- 9AC14F59- 88CD- 906E943181D3
®� North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor Michael A. Sprayberty, Director
Erik A. Hooks, Secretary
NORTH CAROLINA TIER II GRANT
Fiscal Year 2017
Grant Award #: TIER II -2017
MEMORANDUM OF AGREEMENT (MOA)
Between
Recipient: Sub - Recipient: New Hanover County LEPC
State of North Carolina
Department of Public Safety Tax ID/EIN #: 56- 6000324
Emergency Management DUNS #: 040029563
MOAN: T2- 2017- MOA1764 MOA Amount: $ 2000
DPS Fund Code: 1506 - 8064 - 536902 MOA Period of Performance 1/1/2017 to 12/31/2017
1. PURPOSE: This grant award supports the hazardous material preparedness activities of Local
Emergency Planning Committees (LEPCs) as defined in the Emergency Planning and
Community Right -to -Know Act (EPCRA). These funds are to be used by your county's or
region's LEPC for hazardous materials emergency response planning, training, and related
exercises. Please see Attachment 1 for a detailed scope of work.
2. AUTHORITY: In accordance with the provisions of North Carolina General Statute § 166A-
29.1, North Carolina Emergency Management hereby awards to the foregoing Recipient a grant
in the amount shown above.
COMPENSATION: The Grantor agrees that it will pay the Recipient complete and total
compensation for the services to be rendered by the Recipient. Payment to the Recipient for
expenditures under this Agreement will be reimbursed after the Recipient's cost report, detailed
invoices, and proof of payment are submitted and approved for eligible expenses; these
documents must be submitted no later than January 31, 2018. The original signed copy of this
MOA 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 Memorandum of Agreement and final approval by North Carolina
Emergency Management of the grant budget.
4. CONDITIONS: The funds awarded under this grant must only be used by your county's or
region's LEPC for the purposes of hazardous materials emergency response planning, training
and exercises, as mandated in North Carolina General Statute § 166A -29.1. Furthermore, the use
of these funds must meet one or more of the follow criteria:
DocuSign Envelope ID: F3967981 -9AC1 4F59- 88CD- 9D6E943181D3
A. Support costs incurred facilitating LEPC meetings (e.g. printing, general office supplies,
food and non - alcoholic beverages)
B. Support regional LEPC meetings and collaboration
C. Enhance LEPC outreach efforts or produce promotional materials
D. Host or support local and regional LEPC conferences
E. Create or update hazardous material emergency response plans
F. Support local or regional hazardous materials response exercises
G. Support purchases of equipment necessary to support the LEPC and its mission
i. Purchases of equipment must be pre- approved in writing by the NCEM EPCRA
Coordinator
H. Support hazardous material risk assessments currently being conducted by North
Carolina Emergency Management
I. Under no circumstances are the following items eligible for funding under this grant:
L Salaries or benefits for any employee
ii. Drone aircraft or unmanned aerial vehicles
iii. Support for programs not focused on hazardous materials preparedness
5. REGULATION: The funds awarded under this grant must be used in compliance with all
applicable state and federal laws governing their use to include compliance with North Carolina
General Statute §143C -6 -23 and 09 NCAC 03M. By accepting this payment, the below official
agrees to use these funds in a manner consistent with state laws and regulations.
6. TAXES: Recipient shall be responsible for all taxes.
7. WARRANTY: As an independent recipient, the Recipient will hold the Grantor 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 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. 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 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.
8. POINTS OF CONTACT: To provide consistent and effective communication between the
Grantor and Recipient, 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 Planning & Homeland Security Grants
Management Staff, and NCEM Branch Staff. The Sub - Recipient point of contact shall be the
person designated by the Sub - Recipient.
Tier II Non - Competitive Grant 2017 Page 2 of 5 T2- 2017 -MOA 1764
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9. PUBLIC RECORD ACCESS: This agreement maybe subject to the North Carolina Public
Records Act, Chapter 132 of the North Carolina General Statutes.
10. 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.
11. ANTITRUST LAWS: This Agreement is entered into in compliance with all State and Federal
antitrust laws.
12. OTHER PROVISIONSISEVERABILITY: 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 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.
13. COMPLIANCE: Recipient shall be wholly responsible for the purchases to be made under this
MCA and for the supervision of its employees and assistants. 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 MCA.
14. 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.
15. MODIFICATION: This Agreement may be amended only by written amendments duly
executed by the Grantor and the Recipient.
16. TERMINATION: The terms of this agreement, as modified with the consent of all parties, will
remain in effect until December 31, 2017. Either party upon thirty (30) days advance written
notice to the other party may terminate this agreement. Upon approval by NCEM Technological
Hazards Branch and the issuance of the Grant Adjustment Notice, if this MCA is extended, the
termination date for the extension will be the date listed in the applicable NCEM EPCRA Grant
Adjustment Notice.
17. EXECUTION AND EFFECTIVE DATE: This grant shall become effective upon return of
this original Memorandum of Agreement, properly executed on behalf of the 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 January 1, 2017. The last
signature shall be that of Erik A. Hooks, Secretary for the North Carolina Department of Public
Safety.
18, CERTIFICATION OF ELIGIBLITY- -Under the Iran Divestment Act
Pursuant to North Carolina General Statute § 147 - 86.59, any person identified as engaging in
investment activities in Iran, determined by appearing on the Final Divestment List created by
the State Treasurer pursuant to North Carolina General Statute§ 147- 86.58, is ineligible to
contract with the State of North Carolina or any political subdivision of the State. The Iran
Divestment Act of 2015, North Carolina General Statutes § 147 -86.55 et seq. * requires that each
Tier 11 Non - Competitive Grant 2017 Page 3 of 5 T2- 2017 -MOA 1764
DocuSign Envelope ID: F3967981- 9AC1- 4F59- 88CD- 9D6E943181D3
vendor, prior to contacting with the State certifies, and the undersigned on behalf of the Vendor
does hereby certify, to the following:
1. That the vendor is not identified on the Final Divestment List of entities that the State
Treasurer has determined engages in investment activities in Iran;
2. That the vendor shall not utilize on any contract with the State agency any subcontractor that
is identified on the Final Divestment List; and
3. That the undersigned is authorized by the Vendor to make this Certification.
The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the
address: https://vrww.nctreasurer.com/ inside - the - department /OpenGovemment/Pages /Iran-
divestment- Act- resources.aspx and will be updated every 180 days. For Questions about the
Department of State Treasurer's Iran Divestment Policy, please direct question to (919) 814-
3852.
Tier 11 Non - Competitive Grant 2017 Page 4 of 5 T2- 2017 -MOA 1764
DocuSign Envelope ID: F3967981- 9AC1- 4F59- 88CD- 9D6E943181D3
IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree
that this Agreement will be effective as of January 1, 2017.
N.C. DEPARTMENT OF PUBLIC SAFETY NEW HANOVER COUNTY LEPC
DIVISION OF EMERGENCY MANAGEMENT 230 GOVERNMENT CENTER DRIVE,
1636 GOLD STAR DR SUITE 115
RALEIGH, NC 27607 WILMINGTON, NC 28403
EDecnsiened by:
l a' Q. S�Va�lot vvr�
MiChae prayberry, Director
North Carolina Emergency Management
APPROVED AS TO PROCEDURES
D—ft d by:
U�tlliaa, P�
raaRaN:, Assistant General Counsel
Reviewed for the Department Of Public
Safety, by William Polk, DPS Assistant
General Counsel, to fulfill the purposes of the
North Carolina Tier H Grant Program
�D— Signed by:
ttatt,l Utz,] L'
Jakd1lVilffifft Controller
North Carolina Department of Pubtic Safety
FDocuSigned by:
66LS H"
r°imv,osks, Secretary
North Carolina Department of Public Safety
CD- .511ned by
TH18 MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY FOR THE 2017 TIER 11 GRANT PROGRAM ONLY
AND IS SUBJECT TO EXECUTION BY ERIK A. HOOKS, SECRETARY OF THE
DEPARTMENT OF PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR
OTHER MOUslMOAs FOR THE TIER II GRANT.
Tier 11 Non- Competitive Grant 2017 Page 5 of 5 T2- 2017- MOA1764
DocuSign Envelope ID: F3967981- 9AC1- 4F59- 88CD- 9D6E943181D3
Attachment 1
DocuSign Envelope ID F3967981- 9AC1- 4F59- 88CD- 9D6E943181D3
Tier II Grants: Allowable Expenditures
The Tier II grants that awarded may provide Local Emergency Planning Committees
funding and more options to expand the scope of their hazardous materials emergency
preparedness programs though response planning, training and related exercises.
All active LEPCs were each awarded competitive and/or noncompetitive grant funds
from the hazardous materials facility fees collected during the Tier II reporting period.
The grants are to be used for hazardous materials emergency response planning, training
and related exercises, with some conditions and limitations.
The funds awarded under this grant must only be used by your county or regional LEPC
and must fall under one or more of the following categories:
1. Supporting costs incurred facilitating LEPC meetings;
o E.g. printing, general office supplies, food and non - alcoholic
beverages
2. Supporting regional LEPC meetings and collaboration;
3. Enhancing LEPC outreach efforts or produce promotional materials;
4. Hosting or supporting local and regional LEPC conferences;
5. Creating or updating hazardous material emergency response plans;
6. Supporting local or regional hazardous materials response exercises;
7. Supporting purchases of equipment necessary to support the LEPC and its
mission; or
8. Supporting hazardous material risk assessments currently being conducted by
North Carolina Emergency Management.
9. Subscription- HazMat Related website.(ex: MSDS online, Chemtrac) **
* *For approved list of eligible subscriptions contact EPCRA coordinator prior to
purchase of subscription. NCEPCRA @ncdps.gov
Tier II grants may not be used for salaries or benefits for any employee; drone aircraft or
unmanned aerial vehicles; items intended as gifts; or support for programs not focused on
hazardous materials preparedness.
All equipment purchases must have prior approval.
LEPCs have until December 31 to spend these funds. All requests for reimbursement
must include a cost report, Invoices, and proof of payment. This must be completed and
submitted to NCEM no later than January 31. LEPCs with questions about the Tier II
grant should contact Callion Maddox 919- 825 -2332.