FY18 EMERG MGT UTV TOOLCAT MOA 1830 AWARD CONTRACTDocuSign Envelope ID: 8C5F5A20-2810-41DB-8D23-A3lF2207BlDC
North Carolina Department
Emergency Management
Roy Cooper, Governor
Erik A. Hooks, Secretary
Steven Still
New Hanover County
230 Government Center Drive
Wilmington, NC 28403
Homeland Security Grant Program (HSGP)
CFDA #: 97.067
Fiscal Year 2018
Grant #: EMW- 2018 -SS -00053
SUB AWARD NOTIFICATION
of Public Safety
Michael A. Sprayberry, Director
Period of Performance: September 1, 2018 to February 28, 2021
Project Title(s): UTV Toolcat
Total Amount of Award: $71,000.00
MOA #: 1830
North Carolina Emergency Management is pleased to inform you that the federal Fiscal Year (FY) 2018 Homeland
Security Grant Program (HSGP) has been approved for funding. In accordance with the provisions of FY 2018
HSGP award, North Carolina Emergency Management hereby awards to the foregoing sub - recipient a grant in the
amount shown above. The CFDA number is 97.067 and North Carolina Emergency Management federal grant
number is EMW- 2018 -SS- 00053.
Payment of Funds: The grant shall be effective upon final approval by North Carolina Emergency Management of
the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement. 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.).
Conditions: The sub - recipient shall understand and agree that funds will only be expended for those projects
outlined in the funding amounts as individually listed above. Sub - recipient shall also certify the understanding and
agreement to comply with the general and fiscal terms and conditions of the grant including special conditions; to
comply with provisions of the 2 CFR 200 and all applicable laws governing these funds and all other federal, state
and local laws; that all information is correct; that there has been appropriate coordination with affected agencies;
that sub - recipient is duly authorized to commit the applicant 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 federal funds are limited to the period of performance. Sub - recipient must read and
sign forthcoming Memorandum of Agreement for acceptance of the award.
Supplanting: The sub - recipients confirm that sub -grant funds will not be used to supplant or replace local or state
funds or other resources that would otherwise have been available for homeland security activities. In compliance
with that mandate, the sub - recipient will certify 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 homeland security activities.
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
4236 Mail Service Center
Raleigh NC 27699 -4236
www.readync.org
www.ncdps.gov
9�
An Equal Opportunity employer
OFFICE LOCATION
1636 Gold Star Drive
Raleigh, NC 27607 -3371
Telephone: (919) 825 -2500
Fax: (919) 825 -2685
DocuSign Envelope ID: 8C5F5A20- 2810- 41DB- 8D23- A31F2207B1DC fficial Use Only
North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Erik A. Hooks, Secretary
Homeland Security Grant Program
(HSGP)
CFDA #: 97.067
Fiscal Year 2018
Grant Award #: EMW- 2018 -SS -00053
Michael A. Sprayberry, Director
MEMORANDUM OF AGREEMENT (MOA)
Recipient:
State of North Carolina
Department of Public Safety
Division of Emergency Management
MOA #: 1830
MOA Period of Performance:
September 1, 2018 to February 28, 2021
DPS Fund Code: 1502- 7A38 -3H18
Between
Sub - recipient:
New Hanover County
Tax ID/EIN #: 56- 6000324
DUNS #: 040029563
MOA Amount:
Federal: $ 71,000.00
State: $ 0.00
Local: $ 0.00
Total: $ 71, 000.00
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 (DHS) HSGP 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 HSGP
funding to the Sub - recipient to fund projects related to Homeland Security Planning, Operations, Equipment purchases,
Training and Exercises. For a more detailed description of the approved Scope of Work, please see Attachment 1.
2. Program Authorization and Regulations
This Agreement is authorized under the provisions of (1) Department of Homeland Security Appropriations Act, 2018
(Pub. L. No. 115 -141); (2) 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 as amended, 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 FY 2018 HSGP Notice of Funding Opportunity
Announcement (NOFOA) available at www.fema.gov (8) applicable Grants Programs Directorate (GPD) Information
Bulletins available at www.fema.gov; and (9) the NC Emergency Management Act, Chapter 166A of the North Carolina
General Statutes. The funds awarded under this grant must be used in compliance with all applicable state and federal
laws to include compliance with N.C.G.S. § 143C -6 -23 and 09 NCAC 03M. By accepting this award, the Sub - recipient
agrees to use these funds in a manner consistent with state laws and regulations.
3. Projects managed by the Recipient (State) on behalf of Sub - recipient (Only)
R By checking this Box I request that the Recipient retain funds effective September 1, 2018. Sub - recipient has agreed
to receive grant funds from Recipient. Sub - recipient desires for the North Carolina Emergency Management to conduct
activities described in Attachment 1 of this MOA, on its behalf with its allocation of $71,000.00 awarded through the
FY 2018 HSGP. Sub - recipient authorizes Recipient to provide the funds to the State of North Carolina, Department of
Public Safety, North Carolina Emergency Management to conduct Planning, make Equipment Purchases, and conduct
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Training and Exercise activities to improve prevention, protection, preparedness, response, and recovery capabilities.
See Attachment 1 for detailed Scope of Work.
4. 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 45 days after award date. The grant shall be effective upon return of the executed
Grant Award and MOA 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.
Sub - recipients must meet all reimbursement requirements contained herein. Non - compliance may result in denial of
reimbursement request(s) or revocation of equipment and /or grant funds awarded for this project.
5. 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 Homeland Security Response" program. Continued HSGP funding is contingent upon
completion of all HSGP 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 February 28, 2021.
iii. Provide quarterly progress reports to NCEM Grant Managers, Training and Exercise Officer(s), and Field
Branch Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15th
April 15', July 15'x' and October 15'.
iv. Submit request for reimbursement with all required documentation attached.
B. File Retention:
Sub - recipient is required to maintain records and (invoices) of this grant for three years after termination of the
grant, or audit if required, or longer where required by law, as outlined below, attached and incorporated by
reference. Recipient must meet the financial administration requirements in 2 CFR Part 200 and must maintain a
file for each HSGP 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 a litigation, claim or audit has been initiated prior to the expiration of the three -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.
Sub - recipient must include appropriate documentation in the file, including but not limited to the following:
i. Resolution/ordinance establishing Sub - recipient a State, Local, or Non -Profit
ii. Grant award and memorandum of agreement/memorandum of understanding and supporting appendices
iii. Completed appropriate reports with specifications, solicitations, competitive quotes or proposals, basis for
selection decisions, purchase orders, contracts, invoices and proofs) of payment
iv. Audit findings and corrective action plans
v. Equipment inventory records with photo documentation of labeling
C. The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations.
6. Conditions
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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 2018 HSGP 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.
7. Supplantation
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 homeland security 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 homeland security activities.
8. 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 2018 HSGP
NOFO announcement. 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 of this MOA will result
in the return of funds and/or items to North Carolina Emergency Management.
9. Responsibilities
Recipient:
A. The Recipient shall provide funding to the Sub - recipient to perform the work activities as described herein.
B. The Recipient shall conduct a review of the project to ensure that it is in accordance with HSGP requirements.
C. The Federal award date is September 1, 2018. Funds allocated for the performance of the work activities must be
encumbered and invoices received by the North Carolina, Department of Public Safety, and North Carolina
Emergency Management by February 28, 2021.
D. The recipient shall directly monitor the completion of this project.
Sub - recipient:
A. The Sub - recipient shall expend FY 2018 HSGP Grant Program funds in accordance with the applicable DHS and
HSGP NOFO announcement, 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.
B. The Sub - recipient shall 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) 2 CFR Part 200. Sub - recipient must
follow procurement procedures and policies as outlined in the applicable DHS and HSGP NOFO announcement
and the DHS 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 DHS grants are listed
below, codified in the following guidance: 2 CFR 215; 2 CFR Parts 225, 220, and 230; 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
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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.
C. Submit invoice(s) requesting reimbursement for item(s) received to the NCEM Grants Management Branch Grants
Manager. Recipient will reimburse Sub - recipient for eligible costs as outlined in the applicable DHS Program
Guidelines and NOFO announcements. Sub - recipient must take possession of all purchased equipment and receive
any grant - eligible service prior to seeking reimbursement from the Recipient. Sub - recipient must submit request for
reimbursement within 60 days of payment of invoice.
D. 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.
E. Complete the procurement(s) process not later than February 28, 2021.
F. Provide quarterly progress reports to NCEM Grant Managers, Training and Exercise Officer(s), and Field Branch
Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15th , April 15th,
July 15th and October 15'". (Attachment 2)
G. Maintain a grant management filing system as required in this MOA.
H. Provide a list at project completion phase to the Grants Manager, DPR chair, and/or Branch Office listing all items
purchased through the grant.
I. Comply with the applicable Federal statutes, regulations, policies, guidelines and requirements, reporting
requirements and certifications as outlined in the applicable FY 2018 HSGP NOFO announcement and Grant Award
and Special Conditions documents.
J. Comply with current Federal laws, suspension and debarment regulations pursuant to 2 CFR 200 Sub -part F and
OMB 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, htto:/ /www.pandc.nc.gov /actions.asp to verify that contractors or sub - recipients have not been suspended
or debarred from doing business with the Federal government ".
K. Ensure that HSGP funds are not used to support the hiring of any personnel for the purposes of fulfilling traditional
public safety duties or to supplant traditional public safety positions and responsibilities.
L. Non - supplanting Requirement. Federal grant funds shall be used to supplement existing funds, and shall not replace
(supplant) funds that have been appropriated for the same purpose.
M. All materials publicizing or resulting from award activities shall contain this acknowledgement: "This project was
supported by a Federal award from the US Department of Homeland Security, 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 US Department of Homeland Security.
N. 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.
O. 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.
P. Maintain an effective property management system that complies with the following requirements:
i. Recipient and Sub - recipient shall take an initial physical inventory of any equipment. 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
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this award allocation shall be included on the report submitted to Recipient. 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.
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 CFR 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 CFR 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 Authorized Equipment List (AEL), with appropriate grant listed are
eligible for purchases from this grant. For more guidance visit www.fema.gov.
Q. No indirect or administrative costs will be charged to this allocation award.
R. 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. Any equipment purchased under the HSGP is
subject to use as a regional asset to be utilized by the DHS, 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.
S. 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 hgp:Hfedgov.dnb.com/webform.
T. Each sub - recipient shall ensure their organization is registered with the System for Award Management (SAM). It
is required for all applicants 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
htip: / /www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore it is
imperative that the information is correct.
U. 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.
10. Funding
All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the DHS 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 DHS Program Guidelines, which include, but
may not be limited to:
• the FY 2018 HSGP NOFO announcement, 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 DHS 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.
11. Taxes
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Sub - recipient shall be considered to be an independent sub - recipient and as such shall be responsible for all taxes.
12. 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 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.
13. Audit Requirements
For all DHS grant programs, Sub - recipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F.
14. State Property
Sub - recipient shall be responsible for the custody and care of any property purchased with HSGP 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 HSGP Program requirements. Recipient will not be
held responsible for any property purchased under this MOU/MOA. Title to the property purchased with HSGP funds
shall be in the Sub - recipient unless noted in section 8 of the MOA.
15. 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 NCEM Grants
Management Branch Staff, and the NCEM Field Branch Staff. The Sub - recipient point of contact shall be the HSGP
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:
A. As of the date of disclosure and/or delivery, is already known to the party receiving such information.
B. Is or becomes part of the public domain, through no fault of the receiving party.
C. Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in
confidence.
D. Is independently developed at the receiving party by someone not privy to the confidential information.
16. 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.
17. 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
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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 HSGP NOFO announcement referenced herein.
18. 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.
19. Antitrust Laws
This Agreement is entered into in compliance with all State and Federal antitrust laws.
20. 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.
21. 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 2018 HSGP NOFO announcement.
22. 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.
23. Modification
This Agreement may be amended only by written amendments duly executed by the Recipient and the Sub - recipient.
24. Certification of eligibility —Under the Iran Divestment Act
Pursuant to G.S. 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 G.S, 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, G.S. 147 -86.55 et
seq.* requires that each vendor, prior to contacting with the State certifies, and the undersigned on behalf of the Vendor
does hereby certify, to the following:
A. 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
B. That the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the
Final Divestment List
C. 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:
htips• / /www nctreasurer com/inside- the - department /Oi)enGoveniment /Pages /Iran- divestment - Act- resources.asl)x ,
and is updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please
call (919) 814 -3852.
25. Termination
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The terms of this agreement, as modified with the consent of all parties, will remain in effect until February 28, 2021.
Either party upon thirty days advance written notice to the other party may terminate this agreement. Upon approval
by DHS, 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 DHS, FEMA Grant Adjustment Notice, incorporated by reference
herein. If DHS suspends or terminates funding in accordance with 2 CFR 200 and the 2018 HSGP NOFOA, incorporated
by reference herein, the Sub - recipient shall reimburse North Carolina Emergency Management for said property and/or
expenses.
26. Scope of Work
Sub - recipient shall implement the HSGP project summarized below and as described in the approved project
application. That application is hereby incorporated by reference into this Agreement:
A. Scope of Work Summary
i. Completed appropriate report forms with invoices and proofs) of payment
ii. Audit findings and corrective action plans
iii. Equipment inventory records with photo documentation of labeling
B. Semi - annual summary (progress report) no later than July 15th to the NCEM Grant Manager and/or NCEM Field
Planner to ensure:
i. The project deliverables are being met.
ii. Each grant contract is operating within budget.
Documentation to be provided throughout the Period of Performance of the grant:
i. Quarterly project progress reports
ii. Sub - recipient involved legal action that pertains to Planning, Organization, Training, Exercise and
Equipment purchased with HSGP
iii. After action report from exercise
iv. Training course roster and description
v. Any other documentation that would be pertinent
vi. All legible and complete invoices and receipts detailing the expenses associated with the project.
Receipts must contain the following information:
• Name and address of the vendor or establishment providing the product or service.
• Vendor/Payee invoice number, account number, and any other unique meaningful identifying number
• Date the product or service was provided.
• Itemized description of all products or services.
• Unit price of products or services (if applicable).
• Total amount charged.
vii. Proof of payment of expenses associated with the project
27. 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.
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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.
28. 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 CFR. 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.
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:
i. Withholding of payments to the contractor under the contract until the contractor complies.
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 protect the interests of the United States.
29. Assurance of Compliance with Title VI of the Civil Rights Act of 1964
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Sub - recipient hereby agrees that as a condition to receiving any Federal financial assistance from the DHS it will comply
with Title VI of the Civil Rights Act of 1964, 78 Star. 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 DHS - 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 DHS, 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 Star. 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.
C. 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 DHS 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. 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 DHS and is binding on it, other recipients, Sub - recipients, contractors, subcontractors, transferees, successors
in interest and other participants in the DHS Program. The person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the recipients.
30. 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 DHS 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
HSGP MOA 2018 10 of 13
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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:
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.
31. 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 DHS function.
B. To notify DHS 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 DHS 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.
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 DHS function, a Privacy Act notification informing the third party contractor, or sub Recipient, that
HSGP MOA 2018 11 of 13
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it will be required to design, develop, or operate a system of records on individuals to accomplish a DHS function
subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable DHS regulations, and that a violation of the Act
may involve the imposition of criminal penalties; and
D. To include the text of Sections 30 part 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 DHS.
32. 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 the 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 2 CFR Part 200).
A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use
of a controlled substance is prohibited in the Sub - recipient's 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. Require that each employee 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.
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.
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).
33. Execution and Effective Date
This grant shall become effective upon return of this original Grant Award and MOA, 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 September 1, 2018. The last signature shall be that
of Erik A. Hooks, Secretary for the North Carolina Department of Public Safety.
34. Term of this Agreement
This agreement shall be in effect from September 1, 2018 to February 28, 2021.
HSGP MOA 2018 12 of 13
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IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this Agreement
will be effective as of September .1, 2018
NC DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
1636 GOLD STAR DR
RALEIGH, NC 27607
NEW HANOVER COUNTY
230 GOVERNMENT CENTER DRIVE
WILMINGTON, NC 28403-
DocuSigned by: DocuSigned by:
BY: Q. �pVoltl�tVV y BY���
MI DIRECTOR
NORTH CAROLINA EMERGENCY MANAGEMENT
APPROVED AS TO PROCEDURES:
DocuSigned by:
BY: J"t,S Ok"t, BY:
JAM 3°TMMWKE, CONTROLLER
DEPARTMENT OF PUBLIC SAFETY
DocuSigned by:
BY: (c�—a* Poi
WIL 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
HOMELAND SECURITY GRANT PROGRAMS
DocuSigned by:
BY: L Q. ('i &S
ERI oH S��ECRETARY
DEPARTMENT OF PUBLIC SAFETY
THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF
JUSTICE FOR THE FY 2018 HOMELAND SECURITY 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 MOUs/MOAs FOR THE HSGP FOR OTHER FISCAL
YEARS.
HSGP MOA 2018 13 of 13
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Attachment 1
DocuSign Envelope ID: 8C5F5A20- 281041DB- 8D23- A31F2207B1DC
NORTH CAROLINA EMERGENCY MANAGEMENT
FFY 2018 HOMELAND SECURITY GRANT
(HSGP)
APPLICATION
Submission Deadline: March 15, 2018
INSTRUCTIONS FOR COMPLETING EM FORM 67
A. Applicant Information
EM Agency Name - Type or print the official legal title of your Emergency Management (EM) agency.
Street Address, City, Zip Code +4 - Type or print the street address, city, and nine -digit zip code.
D -U -N -S Number - Type or print the unique nine -digit identification number for your county's agency.
NOTE: Your financial personnel should be able to provide you with this number.
EIN/Tax ID Number - Type or print the unique nine -digit identification number for your county's
agency. NOTE: Your financial personnel should be able to provide you with this number.
SAM Registered - Each applicant must be registered in the federal System for Award Management
(SAM) annually in order to be eligible to receive EMPG monies. The URL is hgps: / /www.sam.gov/.
Expiration Date — What is the expiration date for your SAM account?
B. Applicant Point of Contact Information - Type or print the name and contact information of the
person responsible for the day -to -day management of the grant once awarded.
C. County EM Program Manager Contact Information - Type or print the name of the county EM
Program Manager.
D. MOA Signatory Information - Type or print the name and contact information of the person that has
signatory authority to accept the grant award on behalf of the municipality.
E. Proiect Information - Type or print a detailed description of the project /activity to be reviewed for
grant award approval.
F. FEMA Reporting and Review Requirements
Core capabilities.- Select a capability that best describes this project (Required by FEMA for Annual
Reporting).
Environmental Historical Preservation - Complete if your project involves construction, modification or
installation of equipment to a permanent fixture.
Project Milestone - Describe the steps that will help you complete this project.
G. Certification - Verify that all application information is correct.
"This project must be submitted by email to FeliciaD.johnsonAncdps.gov on or before March 15, 2018. **
HSGP Application Form 67 (Rev. 11/17) Page 1 of 5
DocuSign Envelope ID: 8C5F5A20- 2810- 41DB- 8D23- A31F22071131DC
NORTH CAROLINA EMERGENCY MANAGEMENT
FFY 2018 HOMELAND SECURITY GRANT
(HSGP)
APPLICATION
Submission Deadline: March 15, 2018
A. Applicant Information
(When awarded a grant, the applicant will be referred to as the sub - recipient)
Applicant
New Hanover County Emergency Management
Street Address
230 Government Center Drive Suite 115
City State Zip
Wilmington, NC 28403
DUNS Number
04- 002 -9563
Tax ID Number
56- 6000324
Registered in SAM?
(Registration is required)
Yes
Expiration Date
sstill nhc ov.com
B. Applicant Point of Contact Information
(Primary point o contact or all communication regarding the rant
Name
Steven Still
Agency
New Hanover County Emergency Management and 911
Title
Director
Phone (Work)
910- 798 -6910 Phone (Mobile) 910 -520 -9603
Street Address
230 Government Center Drive
City
Wilmington 128403
Email
sstill nhc ov.com
C. County EM Program Manager Contact Information
(This is usually either the emergency manager or are marshal.)
Name Steven Still
Email sstill @nhcgov.com
D. MOA Signatory Information:
(Individual who has the authority to sign the grant agreement, if more than one signatory is required add
contact information on separate sheet)
Name
Tim Burgess
Agency
New Hanover County
Title
Assistant County Manager
Street Address
(must be physical address,
not PO Box
230 Government Center Drive Suite 195
city
Wilmington ZIP + 4 28403
Email
tburgess@nhcgov.com
Name
Agency
Title
Street Address
(must be physical address,
not PO Box
city
ZIP + 4
Email
'Please attach information for additional MOA Signatory, if necessary * **
HSGP Application Form 67 (Rev. 11/17) Page 2 of 5
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E. Project Information
( Project or activity to be reviewed for Qrant award approval)
State, Local (DPR), or Local Non -DPR Project
Local
If Local, select DPR number
DPR 3
Project Name
New Hanover UTV Toolcat
Project Description
This project is for a Bobcat Toolcat with 2 implements and a trailer to transport as a package. It is
primarily for the use a a county CRDP as this unit is a rough terrain forklift type vehicle to be used to
unload supplies and goods for a CRDP. It can also be used at shelters and because it is 4 wheel drive and
has a full bed attached it can be used to transport patients, responders, and supplies into areas not
accessible by regular sized vehicles during events such as Mass Search and Rescue, Hazardous Materials,
WMD, acts of terror, and used by LEO during times of heightened security such as dignitary visits, or
transport a bomb squad down range into the hot zone.
In addition to completing this section, applicants will need to submit at least one Budget Sheet attachment for
every solution area in which they request funding.
Solution Area
Funding Amount
Funds Dedicated to LETP*
Planning
Sharable? If the asset cannot be moved, can it be shared with other jurisdictions?
Yes
Organization
This project will be hosted by New Hanover County. Upon delivery the field planners will do a site visit and
apply proper stickers identifying this as a Homeland Security Grant purchase and record serial numbers for
database, and assist New Hanover County with all Grant closeout paperwork.
Fusion Center
Equipment
(Only AEL listed equipment)
$71,000.00
Training
Exercise
TOTAL FUNDING
$71,000.00
*If applicable, provide the proposed funding amount that will be spent on Law Enforcement Terrorism
Prevention (LETP ) *.
Regionalization
This project will support New Hanover and surrounding counties for events described in the description, but
also be fully mobile to be used throughout all 3 eastern DPR's and across the state if requested.
Deployable? Can the project be deployed to other jurisdictions?
=Yes
Sharable? If the asset cannot be moved, can it be shared with other jurisdictions?
Yes
Project Management
This project will be hosted by New Hanover County. Upon delivery the field planners will do a site visit and
apply proper stickers identifying this as a Homeland Security Grant purchase and record serial numbers for
database, and assist New Hanover County with all Grant closeout paperwork.
Fusion Center
Does this proposal contribute to development and operation of the fusion center?
No
HSGP Application Form 67 (Rev. 11/17) Page 3 of 5
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F. FEMA Reporting and Review Requirements
The ollowin in ormation is required b FEMA.
I) Does this proiect support a previously awarded investment? No
How much funding was
Is this project new or ongoing? New
This project will:
❑ Sustain or continue current capabilities
❑ Complete a current project
M Build or increase current capabilities (Only select ifthe Droiect will siznificantly increase capacitv)
Which Core Capability(s) Best Describes this Project? (Required by FEMA for Annual
Reporting)ht!ps://www.fema.gov/core-cagabilities
❑ Planning
❑ Critical Transportation
❑ Operational Coordination
❑ Environmental Response/I-Iealth and Safety
• Forensics and Attribution
❑ Natural and Cultural Resources
• Interdiction and Disruption
❑ Fire Management and Suppression
• Screening, Search, and Detection
❑ Infrastructure Systems
• Access Control and Identity Verification
® Logistics and Supply Chain Management
• Physical Protective Measures
❑ On -scene Security, Protection, and Law Enforcement
• Supply Chain Integrity and Security
❑ Operational Communications
❑ Cyber Security
® Threats and Hazard Identification
❑ Housing
❑ Risk/Disaster Resiliency Assessment
❑ Fatality Management Services
® Mass Search and Rescue Operations
❑ Intelligence and Information Sharing
❑ Public Information and Warning
• Community Resilience
❑ Health and Social Services
• Mass Care Services
❑ Economic Recovery
• Public Health and Medical Services
❑ Long -term Vulnerability Reduction
• Risk Management for Protection Programs and
Activities
❑ Situational Assessment
Environmental and Historic Preservation
Does this project require new construction, renovation, retrofitting, or
modification of existing structures?
No
Does this project require affixing equipment (e.g. TV, Monitor, and
radio equipment) to an exis ing structure?
No
If you answered Yes to either question above, please provide explanation:
Project Milestones: Describe the major steps that will occur over the process ofcompleting the project and
include the estimated date ofthose steps. Proiect plan should be no lower than 36 months.
04/2018
Fall of 2018
Grant closeout
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G. Certification:
(Verification that all application information is correct)
I certify that:
N This application includes the following:
N Completed and accurate information.
N Completed budget sheet(s).
❑ If applying as a nonprofit, documentation demonstrating nonprofit status.
N No project (supported through federal and/or matching funds) having the potential to impact Environmental
or Historical Preservation (EHP) can be started without the prior approval of FEMA, including but not
limited to communications towers, physical security enhancements, new construction, and modifications to
buildings, structures and objects that are 50 years old or greater. Applicant must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope of work
will require re- evaluation for compliance with these EHP requirements. Any activities that have been
initiated without the necessary EHP review and approval will result in a non - compliance finding and will
not be eligible for FEMA funding.
N In accordance with HSPD -5, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance through grants, contracts, and other activities. By
submitting this project proposal, you and all participating entities are certifying that your locality/state
agency is NIMS compliant.
N Submission of the project proposal does not guarantee funding.
N Any projects allocated funds will be required to check all purchases against the Allowable Equipment Lists
hqps://www.fema.gov/authorized-equipment-list.
N Any changes made to this project after the submission deadline must be approved by the Homeland Security
Section Grants Branch Manager and an updated application must be submitted.
* *This project must be submitted by email to FeliciaD.johnsonAncdps.gov on or before March 15, 2018. **
HSGP Application Form 67 (Rev. 11/17) Page 5 of 5
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EQUIPMENT REQUEST
FY 2018 HSGP - Equipment Budget Form
NIMS
Resource
Equipment Description & Primary Use AEL # Type # items
19MH -00-
New Hanover County ToolCat BULK 1.00
TOTAL PLANNED EQUIPMENT EXPENDITURES $ 71,000.00
Shipping /Handli
Item Cost
Extended Cost
Tax
ng
Total
$ 71,000.00
$ 71,000.00
$ -
$ -
$ 71,000.00
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Attachment 2
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Quarter (list dates):
Quarterly Progress Report
Sub - Recipient: New Hanover County
MOA Number: 1830
FY 2018 HSGP — EMW- 2018 -SS -00053
Grant Award Amount: $71,000.00 Funds Expended Prior Quarters:
Funds Expended This Quarter:
Activities
Metric
Current Status
Dates, current status. For example: list
1. Equipment
needs identified, items in vendor
negotiation, purchased, placed in service,
etc.
Dates, current status. For example: list
2. Planning
needs identified, updates or revisions
made to plans, or those to be made.
Dates, status of training. For example: list
3. Training
identified needs; training planned, in
progress, or conducted (with agenda and
roster attached).
Dates, status of exercise. For example: list
4. Exercise
identified needs; exercise(s) planned, in
progress, or conducted (with After Action
Report attached).
Report submitted by:
Date:
Ouarterly Progress Reports are due:
January 15
April 15
July 15
October 15
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Attachment 3
3cuSign Envelope ID: 8C5F5A20- 281041DB- 8D23- A31F2207B1DC
Lttachment 3 - EXAMPLE Grant - Funded Typed Resource Report
col Instructions:
. Each row should contain one piece of equipment purchased with or training held using grant funds for current reporting period. Only report purchases and trainings that have already been completed and
rods have been expended and drawn down.
. Choose from the drop -down menu whether the line is for equipment or training, the NIMS Typed Discipline, NIMS Typed Resource and NIMS Type #, as published by FEMA's National Integration Center (NIC) thi
he equipment supports, if NIMS Typed.
a. If equipment or training is not NIMS Typed, choose "State /Local Other" in drop -down menu and provide State /Local typing or Community of Interest information in the Comments.
. Choose whether the piece of equipment or training is to "Sustain Current" existing capabilities or will increase or "Add New" capability .
Choose the Core Capability or Capabilities that the Typed Resource supports. If more than one Core Capability is applicable, expand the columns by clicking the ' +' above the 'Cost of Purchase' column to show
aore'Core Capability Supported columns.
Enter the cost of the equipment or training.
Enter additional information in the Comments, including a brief description of whether the training or equipment purchased sustains existing capabilities; adds or improves an existing capability; or builds a new
apability from scratch. This Form Can be accessed at www.fema.gov/ media - library/assets /documents /289737id =6432
UBGRANTEE: GRANT#: PROJECT:
a rolina County 2013 -SS- 00033- 501 -13xx Generators& Generator Switches
NIMSTyped Discipline
State /Loral Typed #of Personnel #of Typed Surtaln Current
Equipment or or State /Local NIMSTypee Resource NIMS Typetl Equipment
Resource Supported Trained for Teams Capability /Add Nev, Core Capability SUpPOrted Cost of Purchase Comments
Training Dittipllne /[ommuniry Suppared Type Is Purchased
-_ pfapplicato I Typed Teams ( Trained Capability
Equipment Fire /Hazmat
HazMat Entry Team
I N/A
WMD Liquid Splash- N/A N/A
Environmental Response
Add New $
90,000.00 PPE requirements for a Type I
/ Health and Safety
Protective CPC
Training Incident Management
Incident
III N/A
N/A 55 ..
Management Team
.vrareness for a State and two
State / Local Other
State /
maintains emergency staff
Public Health and
Equipment
(Provide in
Local Water.Ambulence
ALS Rescue Boat N/A N/A
Medical
comments section)
Other
training.
Training Search and Rescue US&R Task Forces II N/A N/A 63 23
I Des new PPt will Increase a
Type II to a Type I HazMat
Entry Team by fulfilling the
Environmental Response
Add New $
90,000.00 PPE requirements for a Type I
/ Health and Safety
team. This Investment
completes the upgrade of this
team.
This Training sustained policy
.vrareness for a State and two
Regional IMrs. This training
maintains emergency staff
Sustain Current Operational Coordination $
150,000.00
awareness that would have
otherwise been out -of -date
within 3 months of the
training.
The ALS Rescue Boat meets
State typing for Water
Ambulance. This equipment
Add New Mass Care Services $
100,000.00 purchase adds a new
capability to the local EMS.
Teams will begin training to
complete the resource.
63 Responders were trained in
-
structural collapse to support
23 Type 11 USAR Teams. This
Mass Search and Rescue
Sustain Current $
75,000.00 training sustained current
Operations
levels of staffing in
anticipation of current staff
retiring.
DocuSign Envelope ID: 8C5F5A20- 2810- 41DB- 8D23- A31F2207B1DC
Attachment 3 Grant - Funded Typed Resource Report
Tool Instructions:
1. Each row should contain one piece of equipment purchased with or training held using grant funds for current reporting period. Only report purchases and trainings that have already been completed and funds have been expended and drawn down.
2. Choose from the drop -down menu whether the line is for equipment or training, the NIMS Typed Discipline, NIMS Typed Resource and NIMS Type #, as published by FEMA's National Integration Center (NIC) that the equipment supports, if NIMS Typed.
2a. If equipment or training is not NIMS Typed, choose "State /Local Other" in drop -down menu and provide State /Local typing or Community of Interest information in the Comments.
3. Choose whether the piece of equipment or training is to "Sustain Current" existing capabilities or will increase or "Add New" capability .
4. Choose the Core Capability or Capabilities that the Typed Resource supports. If more than one Core Capability is applicable, expand the columns by clicking the ' +' above the 'Cost of Purchase' column to show more 'Core Capability Supported' columns.
5. Enter the cost of the equipment or training.
6. Enter additional information in the Comments, including a brief description of whether the training or equipment purchased sustains existing capabilities; adds or improves an existing capability; or builds a new capability from scratch.
SUBGRANTEE:
GRANTM
PROJECT:
NIMS Typed Discipline or #of Personnel sustain Current
Equipment or State /Local NIMS Typed Resource NIMS State /Local Typed Resource Typed Equipment # of Typed Cost of
Training of Su 'Trained for Typed Capability/Add New Core Capability Supported Comments
g pported Type# supported l'rf applicable) Purchased Teams Teams Trained Capability Purchase
Interest Supported
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Attachment 4
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The FY 2018 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2018. The DHS
financial assistance awards terms and conditions flow down to subrecipients, unless a particular award term or condition specifically
indicates otherwise.
Assurances, Administrative Requirements, Cost Principles, and Audit Requirements
DHS financial assistance recipients must complete either the OMB Standard Form) Standard Form 424B Assurances — Non -
Construction Programs, or OMB Standard Form 424D Assurances — Construction Programs as applicable. Certain assurances
in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require
applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as
instructed by the awarding agency. Please contact the DHS FAO if you have any questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part
3002.
DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources
of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals
and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or
detailed in program guidance.
5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool
(https: / /www.dhs._qov/ publication /dhs- civil - rights- evaluation -tool) within thirty (30) days of receipt of the Notice of Award or, for
State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding
component agency. Recipients are required to provide this information once every two (2) years, not every time an award is
made. After the initial submission, recipients are only required to submit updates. Recipients should submit the completed tool,
including supporting materials to CiviI Rights Eva Iuation (a-)hg.dhs.gov. This tool clarifies the civil rights obligations and related
reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and
submit this tool to DHS.
The United States has the right to seek judicial enforcement of these obligations.
Acknowledgment of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposals, bid invitations, and other
documents describing projects or programs funded in whole or in part with
federal funds.
Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities
and that appropriate licenses, permits, or approvals are obtained.
DHS Standard Terms & Conditions: Version 8.1 April 9, 2018
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Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975 (Title 42 U.S. Code, 4 6101 at sea. l, which prohibits discrimination on
the basis of age in any program or activity receiving federal financial
assistance.
Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, Il, and III of the
Americans with Disabilities Act, which prohibits recipients from
discriminating on the basis of disability in the operation of public entities,
public and private transportation systems, places of public
accommodation, and certain testing entities. (42 U.S.C. 6S 12101-
12213).
Best Practices for Collection and Use of
Recipients who collect Pit are required to have a publically- available privacy
Personally Identifiable Information (PII)
policy that describes standards on the usage and maintenance of PII they
collect. DHS defines personalty identifiable information (Pit) as any
information that permits the identity of an individual to be directly or indirectly
inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy template as useful resources respectively.
Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act
of 1964 (42 U.S.C. 6 2000d et sea.), which provides that no person in the
United States will, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
assistance. DHS implementing regulations for the Act are found at 6 C.F.R.
Part 21 and 44 C.F.R. Part 7.
Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, which
prohibits recipients from discriminating in the sale, rental, financing, and
advertising of dwellings, or in the provision of services in connection therewith,
on the basis of race, color, national origin, religion, disability, familial status,
and sex (See 42 U.S.C. S 3601 at sea.), as implemented by the Department of
Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on
disability discrimination includes the requirement that new multifamily housing
with four or more dwelling units —i.e., the public and common use areas and
individual apartment units (all units in buildings with elevators and ground -floor
units in buildings without elevators) --be designed and constructed with certain
accessible features. (See 24 C.F.R. 6 100.201.)
Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. 6& 401 or
402 and an acknowledgement of U.S. Government sponsorship (including the
award number) to any work first produced under federal financial assistance
awards.
Debarment and Suspension
Recipients are subject to the non - procurement debarment and suspension
regulations implementing Executive Orders (E.O.) 12549 and 12689, and 2
C.F.R. Part 180. These regulations restrict federal financial assistance
awards, subawards, and contracts with certain parties that are debarred,
suspended, or otherwise excluded from or ineligible for participation in federal
assistance programs or activities.
Drug -Free Workplace Regulations
You as the recipient must comply with drug -free workplace requirements in
Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3001,
which adopts the Government-wide implementation (2 CFR part 182) of sec.
5152 -5158 of the Drug -Free Workplace Act of 1988 (Pub. L. 100 -690, Title V,
Subtitle D; 41 U.S.C. 8101).
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Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided
for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal
financial assistance awards to overcome fund deficiencies, to avoid
restrictions imposed by federal statutes, regulations, or federal financial
assistance award terms and conditions, or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are
allowable under two or more awards in accordance with existing federal
statutes, regulations, or the federal financial assistance award terms and
conditions.
Education Amendments of 1972 (Equal
Recipients must comply with the requirements of Title IX of the Education
Opportunity in Education Act) — Title IX
Amendments of 1972 (20 U.S.C. 6 1681 et seg.), which provide that no
person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any educational program or activity receiving federal financial
assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17
and 44 C.F.R. Part 19
Energy Policy and Conservation Act
Recipients must comply with the requirements of The Energy Policy and
Conservation Act (42 U.S.C. � 6201) which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issued in
compliance with this Act.
False Claims Act and Program Fraud Civil
Recipients must comply with the requirements of The False Claims Act
Remedies
(31 U.S.C. 3729 -3733) which prohibits the submission of false or fraudulent
claims for payment to the federal government. (See 31 U.S.C. �. 3801 -3812
which details the administrative remedies for false claims and statements
made.)
Federal Debt Status
Recipients are required to be non - delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes,
audit disallowances, and benefit overpayments. (See OMB Circular A -129.)
Federal Leadership on Reducing Text Messaging
Recipients are encouraged to adopt and enforce policies that ban text
while Driving
messaging while driving as described in E.O. 13513, including conducting
initiatives described in Section 3(a) of the Order when on official government
business or when performing any work for or on behalf of the federal
government.
Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers
holding certificates under 49 U.S.C. 41102) for international air
transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. & 40118) and the interpretative
guidelines issued by the Comptroller General of the United States in the
March 31, 1981 amendment to Comptroller General Decision B- 138942.
Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,
(15 U.S.C. § 2225a), recipients must ensure that all conference, meeting,
convention, or training space funded in whole or in part with federal funds
complies with the fire prevention and control guidelines of the Federal Fire
Prevention and Control Act of 1974, as amended,( 15 U.S.C. � 2225).
Limited English Proficiency (Civil Rights Act of Recipients must comply with the Title Vl of the Civil Rights Act of 1964
1964, Title VI) (42 U.S.C. � 2000d et sea.) prohibition against discrimination on the basis of
national origin, which requires that recipients of federal financial assistance
take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. For additional
assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance https: / /www.dhs.gov /quidance-
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Non - supplanting Requirement Recipients receiving federal financial assistance awards made under
programs that prohibit supplanting by law must ensure that federal funds do
not replace (supplant) funds that have been budgeted for the same purpose
through non - federal sources.
Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in
the Notice of Funding Opportunity (NOFO) for this program are incorporated
here by reference in the award terms and conditions. Recipients must comply
with any such requirements set forth in the program NOFO.
Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bavh -Dole Act,
Pub. L. No. 96 -517, as amended, and codified in 35 U.S.C. S 200 at seq. All
recipients are subject to the speck requirements governing the
development, reporting, and disposition of rights to inventions and patents
resulting from federal financial assistance awards located at 37 C.F.R. Part
401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
Procurement of Recovered Materials Recipients must comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part
247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the
Rehabilitation Act of 1973,( 29 U.S.C. §1794), as amended, which provides
that no otherwise qualified handicapped individuals in the United States will,
solely by reason of the handicap, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
DHS Standard Terms & Conditions: Version 8.1 April 9, 2018
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published - help- deoartment- supported - organizations- provide -meani ngfu I-
access- people- limited and additional resources on htto: / /www.lep.Qov.
Lobbying Prohibitions
Recipients must comply with 31 U.S.C. & 1352, which provides that none of
the funds provided under an federal financial assistance award may be
expended by the recipient to pay any person to influence, or attempt 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 any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification.
National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental
Policy Act (NEPA) and the Council on Environmental Quality (CEQ)
Regulations for Implementing the Procedural Provisions of NEPA, which
requires recipients to use all practicable means within their authority, and
consistent with other essential considerations of national policy, to create and
maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and
future generations of Americans.
Nondiscrimination in Matters Pertaining to Faith-
It is DHS policy to ensure the equal treatment of faith -based organizations in
Based Organizations
social service programs administered or supported by DHS or its component
agencies, enabling those organizations to participate in providing important
social services to beneficiaries. Recipients must comply with the equal
treatment policies and requirements contained in 6 C.F.R. Part 19 and other
applicable statues, regulations, and guidance governing the participations of
faith -based organizations in individual DHS programs.
Non - supplanting Requirement Recipients receiving federal financial assistance awards made under
programs that prohibit supplanting by law must ensure that federal funds do
not replace (supplant) funds that have been budgeted for the same purpose
through non - federal sources.
Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in
the Notice of Funding Opportunity (NOFO) for this program are incorporated
here by reference in the award terms and conditions. Recipients must comply
with any such requirements set forth in the program NOFO.
Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bavh -Dole Act,
Pub. L. No. 96 -517, as amended, and codified in 35 U.S.C. S 200 at seq. All
recipients are subject to the speck requirements governing the
development, reporting, and disposition of rights to inventions and patents
resulting from federal financial assistance awards located at 37 C.F.R. Part
401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
Procurement of Recovered Materials Recipients must comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part
247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the
Rehabilitation Act of 1973,( 29 U.S.C. §1794), as amended, which provides
that no otherwise qualified handicapped individuals in the United States will,
solely by reason of the handicap, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
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Reporting of Matters Related to Recipient Integrity
If the total value of the recipient's currently active grants, cooperative
and Performance
agreements, and procurement contracts from all federal assistance offices
exceeds $10,000,000 for any period of time during the period of performance
of this federal financial assistance award, the recipient must comply with the
requirements set forth in the government -wide Award Term and Condition for
Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XII, the full text of which is incorporated here by reference in the
award terms and conditions.
Reporting Subawards and Executive
Recipients are required to comply with the requirements set forth in the
Compensation
government -wide Award Term on Reporting Subawards and Executive
Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which
is incorporated here by reference in the award terms and conditions.
SAFECOM
Recipients receiving federal financial assistance awards made under
programs that provide emergency communication equipment and its related
activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that
ensure and enhance interoperable communications.
Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. Recipients are legally
responsible to ensure compliance with the Order and laws.
Trafficking Victims Protection Act of 2000
Recipients must comply with the requirements of the government -wide award
term which implements Section 106(g) of the Trafficking Victims Protection Act
of 2000, (TVPA) as amended by 22 U.S.C. S 7104. The award term is located
at 2 C.F.R. 6 175.15, the full text of which is incorporated here by reference.
Universal Identifier and System of Award
Recipients are required to comply with the requirements set forth in the
Management (SAM)
government -wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
USA Patriot Act of 2001
Recipients must comply with requirements of the Uniting and Strenathening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. M 175 -175c.
Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO, priorto using the
DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
Whistleblower Protection Act
Recipients must comply with the statutory requirements for whisdeblower
protections (if applicable) at 10 U.S.0 6 2409, 41 U.S.C. 4712, and 10 U.S.C.
2324, 41 U.S.C. 66 4304 and 4310.
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Attnchment 5
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Required Sub - Recipient File Documentation
Sub - grantee or sub - recipient must meet the financial administration requirements in 2 C.F.R Part 200 and must maintain a file for each
Homeland security grant award. The files must be available for review by the North Carolina Division of Emergency Management —
Homeland Security Branch Staff for site visits, project closeout and future audits.
Sub - grantee or sub - recipient must include appropriate documentation in the file, including but not limited to the following documents:
❑ Grant Award and Memorandum of Agreement/ Memorandum of Understanding and Supporting Appendices
❑ Completed appropriate cost report forms with invoices and proof(s) of payment
❑ Audit Findings and Corrective Action Plans
❑ Equipment Inventory records with photo documentation of labeling
Non - Federal entities are required to maintain and retain the following:
❑ Backup documentation, such as bids and quotes.
❑ Cost /price analyses on file for review by Federal personnel, if applicable.
❑ Other documents required by Federal regulations applicable at the time a grant is awarded to a recipient.
FEMA requires that non - Federal entities maintain the following documentation for federally funded purchases:
❑ Specifications
❑ Solicitations
❑ Competitive quotes or proposals
❑ Basis for selection decisions
❑ Purchase orders
❑ Contracts
❑ Invoices
❑ Cancelled checks
Non - Federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of
purchasing documentation along with copies of cancelled checks for verification.
Non - Federal entities who fail to fully document all purchases will find their expenditures questioned and subsequently disallowed.