FY20 EMERG MGT EMPG North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Erik A. Hooks, Secretary
Michael A. Sprayberry, Director
MAILING ADDRESS
OFFICE LOCATION
4236 Mail Service Center 1636 Gold Star Drive
Raleigh NC 27699-4236 Raleigh, NC 27607-3371
www.readync.org
www.ncdps.gov
Telephone: (919) 825-2500
Fax: (919) 825-2685
An Equal Opportunity employer
Emergency Management Performance Grant Program (EMPG)
Fiscal Year 2019
CFDA#: 97.042
Grant#: EMA-2019-EP-00002
SUBAWARD NOTIFICATION
Teresa Smith Period of Performance: October 1, 2019 to September 30, 2022
New Hanover County Project Title: EMPG Project
230 Government Center Drive Total Amount of Award: $62,500.00
Wilmington , NC 28403- MOA #: 19064
North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2019
Emergency Management Performance Grant Program (EMPG) has been approved for funding. In accordance with
the provisions of FY 2019 EMPG award, NCEM hereby awards to the foregoing subrecipient a grant in the amount
shown above.
Payment of Funds: The grant shall be effective upon final approval by NCEM 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 subrecipient shall understand and agree that funds will only be expended for those projects
outlined in the funding amounts as individually listed above. Subrecipient 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 app ropriate coordination with affected agencies;
that subrecipient 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 subrecipient; and that all agencies involved
with this project understand that federal funds are limited to the period of performance. Subrecipient must read and
sign forthcoming Memorandum of Agreement for acceptance of the award.
For projects involving construction or the installation of equipment:
Prior to funds being expended from this award the subrecipient must complete and submit an Environmental
Planning and Historical Preservation form to NCEM for approval. On receipt of the approval letter from NCEM the
subrecipient may begin to expend grant funds.
Supplanting: The subrecipients 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 subrecipient will certify that the receipt of federal funds through NCEM shall in no way
supplant or replace state or local funds or other resources that would have been made available for homeland
security activities.
__________________________
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
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North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Erik A. Hooks, Secretary
Michael A. Sprayberry, Director
Emergency Management Performance Grant
(EMPG)
Fiscal Year 2019
CFDA #: 97.042
Grant #: EMA-2019-EP-00002
Memorandum of Agreement (MOA)
between
Recipient: Subrecipient:
State of North Carolina New Hanover County
Department of Public Safety Tax ID/EIN #: 56-6000324
Emergency Management Duns #: 040029563
MOA #: 19064 Award amount: Universal SatCom Optional
Period of performance: Federal $ 62,500.00 TBD TBD
October 1, 2019 to September 30, 2022 State $ 0.00 TBD TBD
DPS fund code: 1500-8016-3HD9 Local $ 0.00 TBD TBD
Total $ 62,500.00 TBD TBD
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) EMPG Grant Program. A copy of the complete Federal
grant instructions is available at www.fema.gov. This agreement is to set forth terms by which the State of North
Carolina, Department of Public Safety, North Carolina Emergency Management (Recipient), shall provide EMPG
funding to the Subrecipient 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, 2019
(Pub. L. No. 116-6); (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 2019 EMPG 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 Subrecipient
agrees to use these funds in a manner consistent with state laws and regulations.
3. Compensation
Recipient agrees that it will pay the Subrecipient complete and total compensation for the services to be rendered by
the. 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.
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Subrecipients 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.
4. Funding Eligibility Criteria
Federal funds administered through the State are available to local governments to assist in the cost of developing and
maintaining a comprehensive all-hazards emergency preparedness program. Continued EMPG funding is contingent
upon completion of all EMPG funding requirements. The following eligibility criteria must be adhered to during the
Grant Program:
A. Every participant must:
Be established as a State, Local, or Non-Profit agency by appropriate resolution/ordinance.
Complete any procurement(s) and expenditures no later than September 30, 2022.
Provide quarterly progress reports into WebEOC for NCEM Grants 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 15th.
Match Requirement: FY 2019 EMPG funding to locals requires a match requirement of 50% Local
(Subrecipient). Every federal dollar received requires the Subrecipient to match dollar for dollar. There are
two forms of matching sources, cash match and in-kind match. Cash match includes cash spent for project-
related costs, e.g. salaries of emergency management positions. In-kind match includes, but is not limited
to, the valuation of in-kind services. “In-kind” is the value of something received or provided that does not
have a cost associated with it. For example, if in-kind match is permitted by law, then the value of donated
services could be used to comply with the match requirement. The match funding source for EMPG cannot
be matched to any other federal grants. The Subrecipient will identify to the Recipient the match source on
their application for EMPG funds. Recipients of EMPG funding can review the FY 2019 EMPG program
Notice Of Funding Opportunity(NOFO), section D, Funding Restrictions for additional guidance. The
program guidance is available at http://www.fema.gov/government/grant/index.shtm or
http://www.fema.gov/government/grant/empg/. Contact your NC Emergency Management Area
Coordinator for assistance.
Upload all activity deliverables into WebEOC for review and approval for Universal and Optional activities.
The county must have a full-time or part-time (at least 50%) Emergency Management Program Director.
B. File Retention:
Subrecipient 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 outli ned 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
EMPG grant award. The files must be available for review by North Carolina Emergency Management staff for site
visits, project closeout and future audits.
However, if 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. The following files must be available for review by North Carolina Emergency
Management staff for site visits, project closeout and future audits:
SubrecipientResolution/ordinance establishing Subrecipient a State, Local, or Non-Profit agency
Grant award and memorandum of agreement/memorandum of understanding and supporting appendices
Completed appropriate report forms with specifications, solicitations, competitive bids, quotes or proposals,
basis for selection decisions, purchase orders, contracts, invoices and proof(s) of payment, all expenditure
backup documentation, cost/price analyses on file for review by Federal and State personnel, if applicable.
Other documents required by Federal regulations applicable at the time a grant is awarded.
o 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.
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Non-Federal entities who fail to fully document all purchases will find their expenditures
questioned and subsequently disallowed.
Audit findings and corrective action plans
Equipment inventory records with photo documentation of required inventory labeling
C. The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations.
5. Conditions
The Subrecipient 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 2019 EMPG Application Packet, incorporated by reference herein.
The Recipient certifies that it understands and agrees to comply with the general and fiscal terms and conditions of the
grant including special conditions; to comply with provisions of the applicable laws, rules and policies governing these
funds; that all information is correct; that there has been appropriate coordination with affected agencies; that it is duly
authorized to commit the Subrecipient to these requirements; that costs incurred prior to grant application approval will
result in the expenses being absorbed by the Subrecipient; and that all agencies involved with this project understand
that all Federal funds are limited to the Federal period of performance.
6. Supplantation
Subrecipients 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 EMPG activities.
7. Compliance
Subrecipient 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 2019 EMPG
NOFO announcement. Subrecipient 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.
8. Responsibilities
Recipient:
A. The Recipient shall provide funding to the Subrecipient 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 EMPG requirements.
C. The Federal award date is September 1, 2019. Funds allocated for the performance of the work activities must be
encumbered, work completed, and invoices received by the North Carolina, Department of Public Safety, and North
Carolina Emergency Management by September 30, 2022.
D. The Recipient shall directly monitor the completion of this project.
Subrecipient:
A. The Subrecipient shall expend FY 2019 EMPG Grant Program funds in accordance with the applicable DHS and
EMPG 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 Subrecipient 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. Subrecipient must
follow procurement procedures and policies as outlined in the applicable DHS and EMPG NOFO announcement
and the DHS Financial Management Guide. Subrecipient shall comply with all applicable laws, regulations and
program guidance. Subrecipient 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
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Intelligence Systems Operating Policies”; 49 CFR Part 1520 “Sensitive Security Information”; Public Law 107-
296, The Critical Infrastructure Act of 2002; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000
et. seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et. seq; Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20
U.S.C. 6101 et. seq.; Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part
205; FEMA Grant Programs Directorate, Grants Management Division, Match Guidance; Certifications and
Assurances regarding Lobbying 31 U.S.C. 1352, Drug-Free Workplace Act, as amended, 41 U.S.C. 701 et. seq. and
Certification Regarding Drug-Free Workplace Requirements, Debarment and Suspension Executive Orders 12549
and 12689 and 44 CFR Part 17 and Certification Regarding Debarment, Suspension and Other Responsibility
Matters; Assurances as listed in SF 424B and SF 424D, 28 CFR Parts 66, 67, 69, 70 and 83; 2 C.F.R. Part 200,
including 2 C.F.R. §§ 200.310, 200.313, and 200.316; and Grant Award and Special Conditions documents.
C. Complete all Universal and six or more Optional work activities as identified in the FY 2019 EMPG Local
Activity Directory which is a part of the FY 2019 EMPG application packet, incorporated by reference herein.
Upload all completed activity deliverables into WebEOC for review and approval for Universal and Optional
activities not later than December 31, 2019.
D. Comply with the applicable Federal statutes, regulations, policies, guidelines and requirements, reporting
requirements and certifications as outlined in the applicable FY 2019 EMPG NOFO announcement and Grant
Award and Special Conditions documents.
E. Complete the procurement(s) process not later than September 30, 2022.
F. Submit invoice(s), proof-of-payment, titles, licenses, registrations, and/or any documents pertaining to purchased
equipment to NCEM Grants Management Branch.
G. Provide a list at project completion phase to the area coordinator and/or Branch Manager of all items purchased
through the grant.
H. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting
requirements and certifications as outlined in the applicable EMPG NOFO announcement, Grant Award and Special
Conditions documents.
I. 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. Subrecipient shall be responsible to ensure that it has checked the Federal
System for Awards Management (SAM) https://www.sam.gov/portal/public/SAM/ and the State Debarred Vendors
Listing, http://www.pandc.nc.gov/actions.asp to verify that contractors or subrecipients have not been suspended or
debarred from doing business with the Federal government”.
J. Ensure that EMPG funds are not used to support the hiring of any personnel for the purposes of law enforcement
duties or to supplant traditional public safety positions and responsibilities.
K. 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.
L. 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, North Carolina Department of Public
Safety, North Carolina Emergency Management.” . Use of the Federal program logo must be approved by DHS.
Printed as a legend, either below or beside the logo shall be the words “Funded by US Department of Homeland
Security”.
M. SubrecipientSubrecipient shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of
any equipment procured pursuant to this Agreement unless hand-receipted or transferred.
N. Maintain an effective property management system that complies with the following requirements:
i. Recipient and Subrecipient 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. Subrecipient may have property management guidelines that are more restrictive, requiring a
unit of equipment with a value of less than $5,000 to be inventoried. If so, such equipment purchased under this
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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 Subrecipient 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. Subrecipient must ensure a control system exists to ensure adequate safeguards to prevent loss, damage or theft.
Subrecipient 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. Subrecipient or equipment owner must ensure adequate maintenance procedures exist to keep the equipment in
good condition.
iv. Disposition Procedures. Subrecipient 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. Subrecipient
must provide documentation that includes the method used to determine current fair market value.
v. Only allowable equipment listed in the Authorized Equipment List (AEL) for EMPG are eligible for purchases
from this grant. For more guidance visit www.fema.gov.
O. No indirect or administrative costs will be charged to this allocation award.
P. Subrecipient 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. Failure to adhere to this policy might result in
revocation of funds allocated for the purchase of said equipment.
S. Subrecipient must have a DUNS number, prior to any funds being released. DUNS numbers may be obtained from
either of the following web links: www.dnb.com or http://fedgov.dnb.com/webform.
T. Each subrecipient 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
http://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
Subrecipient, and shall not be reimbursed under this MOA.
9. 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 2019 EMPG 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.
10. Taxes
Subrecipient shall be considered to be an independent subrecipient and as such shall be responsible for all taxes. There
shall be no reimbursement for taxes incurred by the subrecipient under this grant.
11. Warranty
As an independent subrecipient, the Subrecipient 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
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Carolina Tort Claims Act. Nothing in this Agreement, express or implie d, 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 crea te, and shall
not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall
be construed as a waiver of the sovereign immunity of the State of North Carolina.
12. Audit Requirements
For all DHS grant programs, Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F.
13. State Property
Subrecipient shall be responsible for the custody and care of any property purchased with EMPG funds furnished for
use in connection with the performance of this Agreement and shall reimburse the Recipient for any loss or damage to
said property until the property is disposed of in accordance with EMPG Program requirements. Recipient will not be
held responsible for any property purchased under this MOU/MOA. Title to the property purchased with EMPG funds
shall be in the Subrecipient unless noted in section 8 of the MOA.
14. Points of Contact
To provide consistent and effective communication between Subrecipient and the North Carolina 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 North Carolina Department of
Public Safety, North Carolina Emergency Management contact shall be, Assistant Director - Administration, the NCEM
Grants Management Branch Staff, and the NCEM Area Coordinator Staff. The Subrecipient point of contact shall be
the EMPG Program Manager or the person designated by the Subrecipient. 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:
As of the date of disclosure and/or delivery, is already known to the party receiving such information.
Is or becomes part of the public domain, through no fault of the receiving party.
Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in
confidence.
Is independently developed at the receiving party by someone not privy to the confidential information.
15. Public Records Access
While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act
(FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a
case-by-case basis by the FEMA FOIA Office. This agreement may be subject to the North Carolina Public Records
Act, Chapter 132 of the North Carolina General Statutes.
16. Subcontracting
If Subrecipient subcontracts any or all purchases or services required under this Agreement, then Subrecipient agrees
to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Subrecipient
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 Subrecipient
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 Subrecipient of its responsibilities
to ensure that all funds issued pursuant to this grant be administered in accordance with all state and Federal
requirements. Subrecipient 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 EMPG NOFO announcement referenced herein.
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17. Situs
This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed
in State Court in Wake County, North Carolina.
18. Antitrust Laws
This Agreement is entered into in compliance with all State and Federal antitrust laws.
19. Other Provisions/Severability
Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina,
Department of Public Safety, North Carolina Emergency Management, or the Subrecipient. If a term of this agreement
is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this
agreement shall remain in full force and effect.
20. Compliance with the law
Subrecipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its
employees and assistants. Subrecipient 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 2019 EMPG NOFO announcement.
21. Entire Agreement
This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated
specifically by reference represent the entire agreement between the parties and supersede all prior oral and written
statements or agreements.
22. Modification
This Agreement may be amended only by written amendments duly executed by the Recipient and the Subrecipient.
23. 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:
https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-divestment-Act-resources.aspx ,
and is updated every 180 days. For questions about the Department of State Treasurer’s Iran Divestment Policy, please
call (919) 814-3852.
24. Termination
The terms of this agreement, as modified with the consent of all parties, will remain in effect until September 30, 2022.
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 2019 EMPG NOFO, incorporated
by reference herein, the Subrecipient shall reimburse North Carolina Emergency Management for said property and/or
expenses.
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25. Scope of Work
The Subrecipient shall implement the EMPG Grant project summarized below and as described in the approved FY
2019 EMPG application. That Application is hereby incorporated by reference into this Agreement. The Recipient shall
certify eligible costs according to the following expenditures:
A. Scope of Work Summary
Please see Attachment 1 for a detailed Scope of Work description.
B. Reports to be provided at the conclusion of work (if applicable):
i. Quarterly project progress reports
ii. Subrecipient involved legal action that pertains to Planning, Organization, Training, Exercise and Equipment
purchased with EMPG
iii. After-action report from Trainings or Exercises
iv. Training course roster and description
v. Any other documentation that would be pertinent
vi. Any invoices detailing the expenses associated with the project
26. Lobbying Prohibition
The Subrecipient certifies, to the best of its knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or
employee of any state or Federal agency, a member of the NC General Assembly, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all sub-
awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients 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.
27. 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
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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 posse ssion 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 procurement
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 St ates
to enter such litigation to protect the interests of the United States.
28. Assurance of Compliance with Title VI of the Civil Rights Act of 1964
Subrecipient 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 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to
as the Act) and all requirements imposed by or pursuant to 2 CFR Sub Part F , Nondiscrimination in Federally-Assisted
Programs of the 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
Subrecipient 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 Subrecipient hereby gives
the following specific assurance with respect to the project:
A. Agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations,
will be (with regard to a "program") conducted, or will be (with regard to ("facility") operated in compliance with
all requirements imposed by, or pursuant to, the Regulations.
B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in
adapted form in all proposals for negotiated agreements:
In accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d -4 and 2
CFR Sub Part F issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in
regard to any contract entered into pursuant to this advertisement, minority, business enterprises will be afforded
full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds
of race, color, sex or national origin in consideration for an award.
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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, Subrecipients,
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, Subrecipients, 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.
29. 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
Subrecipient executed in expending these grant funds:
A. The [Subrecipient, 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 Subrecipient [licensee, lessee, permittee, etc.] shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to 2 CFR Sub Part F and as said
Regulations may be amended.
B. That in the event of breach of the above nondiscrimination covenants, Subrecipient 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, Subrecipient 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 Subrecipient and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by
Subrecipient:
A. The [Subrecipient, 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 [Subrecipient, 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.
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B. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient 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, Subrecipient 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 Subrecipient 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.
30. Assurance of Compliance with Privacy Act
The Subrecipient 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 Subrecipient, its third-party contractors, subcontractors, or their employees to
accomplish a DHS function.
B. To notify DHS when the Subrecipient or any of its third-party contractors, subcontractors, subrecipients, 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
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.
31. Certification Regarding Drug-Free Workplace Requirements (Subrecipients 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 Subrecipient’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 Subrecipient’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
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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).
32. Execution and Effective Date
This grant shall become effective upon return of this original Grant Award and MOA, properly executed on behalf of
the Subrecipient, to North Carolina Emergency Management and will become binding upon execution of all parties to
the Agreement. The terms of this Agreement will become effective October 1, 2019. The last signature shall be that of
Erik A. Hooks, Secretary for the North Carolina Department of Public Safety.
33. Term of this Agreement
This agreement shall be in effect from October 1, 2019 to September 30, 2022
.
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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 October 1, 2019
NC DEPARTMENT OF PUBLIC SAFETY NEW HANOVER COUNTY
DIVISION OF EMERGENCY MANAGEMENT 230 GOVERNMENT CENTER DRIVE
1636 GOLD STAR DR WILMINGTON, NC 28403-
RALEIGH, NC 27607
BY: _________________________________________ BY: __________________________
MICHAEL A. SPRAYBERRY, DIRECTOR
NORTH CAROLINA EMERGENCY MANAGEMENT
APPROVED AS TO PROCEDURES:
BY: _________________________________________ BY: __________________________
DARLENE LANGSTON, CONTROLLER
DEPARTMENT OF PUBLIC SAFETY
BY: __________________________________________
WILLIAM POLK, ASSISTANT GENERAL COUNSEL
REVIEWED FOR THE DEPARTMENT OF
PUBLIC SAFETY, BY WILLIAM POLK,
DPS ASSISTANT GENERAL COUNSEL, TO FULFILL THE
PURPOSES OF THE US DEPARTMENT OF
HOMELAND SECURITY GRANT PROGRAMS
BY: __________________________________________
ERIK A. HOOKS, SECRETARY
DEPARTMENT OF PUBLIC SAFETY
THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF
JUSTICE FOR THE FY 2019 EMERGENCY MANAGEMENT PREPAREDNESS GRANT PROGRAM 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 EMPG FOR
OTHER FISCAL YEARS.
DocuSign Envelope ID: AA4D8303-0191-400A-9DA9-31A64DFC0D6F
STATE OF NORTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY
North Carolina Emergency Management
Physical Address: 4105 Reedy Creek Road, Raleigh, NC 27607
Emergency Management Performance Grant Program
Fiscal Year 2019
COST REPORT 1
Sub-recipient: New Hanover County
Address: 230 Government Center Drive
Wilmington, NC 28403-
Federal ID #: 56-6000324
DUNS #: 040029563
Branch: Eastern
Account #: 1901-1500-8016-3HD9
Grant period: October 1, 2019 - September 30, 2022
Grant file #: EMPG-2019-19064
Funding worksheet
EMPG initial
amount
Universal (Base)
amount
Optional
amount
SATCOM
deductions
Balance to be
paid
Federal/State $62,500.00 $62,500.00 TBD TBD $0.00
Local match $62,500.00 $62,500.00 TBD TBD $0.00
Total $125,000.00 $125,000.00 TBD TBD $0.00
This is the first of two cost reports. This initial cost report reflects the Universal (Base) amount that your
county is eligible to receive provided all Universal activities are completed, and documentation is
approved by the State before the designated deadline. This cost report requires appropriate signatures
and return to the state for payment of eligible EMPG work activities completed to date.
The second cost report will reflect completed and approved Optional work activity amounts by your
emergency management program. SATCOM deductions and a Balance to be paid will also be reflected
in Cost Report 2 to give you a total 2019 EMPG Final Amount award for your county.
Please note that failure to complete any Universal activity will result in a 12.5% penalty per activity
to be assessed against your 2020 EMPG funds.
Certification:
I certify that the above are correct based on grantee's official accounting system and records, consistently applied
and maintained, and that expenditures shown have been made for the purpose of and in accordance with, applicable
grant terms and conditions, and that appropriate documentation to support these costs and expenditures is available
or attached.
_______________________________________________________________ ______________
New Hanover County Finance Officer Authorized Signature Date
_______________________________________________________________ ______________
New Hanover County Authorized Signature Date
_______________________________________________________________ ______________
North Carolina Emergency Management Director's Approval Signature Date
_______________________________________________________________ ______________
Department of Public Safety Controller's Office Approval Date
DocuSign Envelope ID: AA4D8303-0191-400A-9DA9-31A64DFC0D6F
10/11/2019 | 15:13:09 PM EDT
10/29/2019 | 08:36:52 AM EDT
10/29/2019 | 12:25:11 PM EDT
10/29/2019 | 12:38:03 PM EDT
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North Carolina Emergency Management
Preparedness Grant s Application
Fiscal Year 2019
Grants selection
Please select all grants to be considered for this fiscal year. Grants not selected will be
treated as a decline of those funds.
Grants ☒ Emergency Management Performance Grant (EMPG)
☒ Hazardous Materials Emergency Preparedness (HMEP)
☒ Homeland Security Grant Program (HSGP)
☐ North Carolina Tier II competitive
☒ North Carolina Tier II noncompetitive
Contacts
Enter requested information for all contacts listed below.
Applicant
Applicant
This is the agency applying for grants.
Applying agency New Hanover County Emergency Management
Street address 230 Government Center Drive, Suite 115
City Wilmington ZIP + 4 28403
Email tersmith@nhcgov.com
EIN/Tax ID number 56-6000324
DUNS number 040029563
SAM registered Yes Expiration date 4/5/2019
Is the agency applying as a nonprofit with 501(c)(3) status? No
Your name Teresa Smith
Are you authorized to apply for grants on behalf of the applying agency? Yes
Field help
Grants point of contact
Grants point of contact
This is the focal point for any ongoing communications regarding the grants. There is an opportunity to override
this contact for any specific grant.
Name Teresa Smith
Agency New Hanover County Emergency Management & 911
Title Emergency Management Technician
Phone (work) 9107986906 Phone (mobile) 9104099130
Street address 230 Government Center Drive, Suite 115
City Wilmington ZIP + 4 28403
Email tersmith@nhcgov.com
Field help
DocuSign Envelope ID: AA4D8303-0191-400A-9DA9-31A64DFC0D6F
EM program manager
EM program manager
This is the local EM grants manager.
Name Teresa Smith
Email tersmith@nhcgov.com
Field help
Grants MOA signatory
Grants MOA signatory
This is the individual whose name appears on the signature page of the memorandum of agreement. While only
one signatory is required, space for an additional signatory is provided. If even more signatories are required, add
them in the “Appends” section. There is an opportunity to override this contact for any specific grant.
Name Steven Still
Agency New Hanover County Emergency Management & 911
Title Director
Street address (not PO Box) 230 Government Center Drive, Suite 115
City Wilmington ZIP + 4 28403
Email sstill@nhcgov.com
Name Timothy C. Burgess
Agency New Hanover County
Title Assistant County Manager
Street address (not PO box) 230 Government Center Drive, Suite 195
City Wilmington ZIP + 4 28403
Email tburgess@nhcgov.com
Field help
Projects
Enter requested project information for each grant checked under Grants selection. Completions of the
Point of contact and MOA signatory sections are only required if the individuals are different from the
Grants point of contact or Grants MOA signatory.
EMPG
Point of contact
DocuSign Envelope ID: AA4D8303-0191-400A-9DA9-31A64DFC0D6F
MOA signatory
MOA signatory
This is the individual whose name appears on the signature page of the memorandum of agreement. While only
one signatory is required, space for an additional signatory is provided. If even more signatories are required, add
them in the “Appends” section. Complete only if the MOA signatory for this project is different from the identified
“Grants MOA signatory”.
Name Steven Still
Agency New Hanover County Emergency Management & 911
Title Director
Street address (not PO Box) 230 Government Center Drive, Suite 115
City Wilmington ZIP + 4 28403
Email sstill@nhcgov.com
Name Timothy C. Burgess
Agency New Hanover County
Title Assistant County Manager
Street address (not PO box) 230 Government Center Drive, 195
City Wilmington ZIP + 4 28403
Email tburgess@nhcgov.com
Field help
Finance director
Finance director
The signature of the finance director of the agency is required for the memorandum of agreement.
Name Lisa Wurtzbacher
Email Lwurtzbacher@nhcgov.com
Field help
DocuSign Envelope ID: AA4D8303-0191-400A-9DA9-31A64DFC0D6F
Project information
General information
Enter information describing the project.
Title Emergency Management Performance Grant
Description EMPG application for FY19-20
Goal Enhance EM program and capabilities
Construction/renovation required No
Structural attachment required No
Core capabilities addressed
Select primary and secondary (if applicable) core capabilities addressed by this project.
Primary Operational Coordination
Secondary Planning
Project timeline milestones
List the major project events and their completion dates.
Milestone Completion Date
Application Deadline 11/2018
1st Quarter Report 1/2020
2nd Quarter Report 4/2020
3rd Quarter Report 7/2020
4th Quarter Assessment/Report 8/2020
All deliverables due in 9/2020
Click or tap here to enter text. Click or tap to enter a date.
Click or tap here to enter text. Click or tap to enter a date.
Field help
Budget
Complete Organization details if any personnel is funded by this grant, then complete the
Planning/Equipment/Organization/Training/Exercises costs section.
Organization details
Enter the requested information if any personnel are funded by this grant.
EM program manager
Complete for EM program manager activity only.
Time allotted for EM 50%
Salary $161,813
Date of employment in current position 1/1/2017
All personnel
Complete for all personnel supported by funds from this project.
All EMPG program funds (federal and match) allocated towards local
emergency management personnel
$329,607.50
All EMPG Program funds (federal and match) allocated towards non -local
emergency management personnel
$80,906.50
Total number of local emergency management full-time equivalent(FTE)
personnel, including those supported and not supported by the EMPG Program
4
Number of local emergency management FTE personnel supported (fully or
partially) by the EMPG Program
4
Number of local emergency management personnel supported (fully or
partially) by the EMPG Program
4
Field help
DocuSign Envelope ID: AA4D8303-0191-400A-9DA9-31A64DFC0D6F
Planning/Equipment/Organization/Training/Exercises costs
Estimated Costs
For each cost item select an activity area and then enter a description and the cost amounts. Enter the total.
Activity area Description Funding amount Match amount Total amount
Organization EM Salaries for 4 Full-Time
employees
76,000 76,000 152,000
Equipment EOC Equipment and supplies Enter amount. Enter amount. Enter total.
Equipment Office Supplies Enter amount. Enter amount. Enter total.
Equipment Equipment to build capabilities Enter amount. Enter amount. Enter total.
Planning Re-vamping COOP processes and
training
Enter amount. Enter amount. Enter total.
Training County-wide all-hazards trainings
and exercises
Enter amount. Enter amount. Enter total.
Training WebEOC implementation and
training
Enter amount. Enter amount. Enter total.
Choose an item. Click or tap here to enter text. Enter amount. Enter amount. Enter total.
Choose an item. Click or tap here to enter text. Enter amount. Enter amount. Enter total.
Total estimated costs 76,000 76,000 152,000
Field help
HMEP
HSGP
North Carolina Tier II competitive
North Carolina Tier II noncompetitive
DocuSign Envelope ID: AA4D8303-0191-400A-9DA9-31A64DFC0D6F
Certification
Certification
Review each certification item and check where appropriate.
I certify that: ☒ This application includes complete and accurate information.
☒ 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 requires 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.
☒ 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 grant application, you and
all participating entities are certifying that your locality/state agency is NIMS
compliant.
☒ Submission of the project proposal does not guarantee funding.
☒ Projects with funds allocated for equipment are required to check all equipment
purchases against the Allowable Equipment List.
(https://www.fema.gov/authorized-equipment-list).
☒ Any changes made to this grant application after the submission deadline must be
approved by the Planning and Homeland Security Section Grants Branch Manager
and an updated application must be submitted.
☐ If applying as a nonprofit agency you must have a 501(c)(3) status. A copy of that
certification must be submitted with your application.
☐ (EMPG only) Positions that are classified as sworn law enforcement officers may
not be funded through EMPG.
Appends
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Attachment 2
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2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 1 April 17, 2019
The 2019 DHS Standard Terms and Conditions apply to all new federal financial assistance awards
funded in FY 2019. These terms and conditions flow down to subrecipients, unless a particular
award term or condition specifically indicates otherwise. The United States has the right to seek
judicial enforcement of these obligations.
Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
DHS financial assistance recipients must complete either the Office of Management and Budget (OMB)
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
Title 2, Code of Federal Regulations (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 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 for the first award under which this term
applies, recipients are only required to submit updates every two years, not every time a grant is
awarded. Recipients should submit the completed tool, including supporting materials, to
CivilRightsEvaluation@hq.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 evaluation tool can be found at
https://www.dhs.gov/publication/dhs-civil-rights- evaluation-tool.
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2019 DHS Standard Terms and Conditions
DHS Standard Terms and Conditions Version 9.1 2 April 17, 2019
Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposal, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
II. 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.
III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No.
94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with
Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101–
12213), 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.
V. Best Practices for Collection and Use of Personally Identifiable Information (PII)
Recipients who collect PII are required to have a publicly available privacy policy that describes
standards on the usage and maintenance of the PII they collect. DHS defines personally
identifiable information (PII) 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.
VI. Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964
(codified as amended at 42 U.S.C. § 2000d et seq.), 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.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as
amended through Pub. L. 113-4, 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.
§ 3601 et seq.), as implemented by the U.S. 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. Part 100, Subpart D.)
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2019 DHS Standard Terms and Conditions
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VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 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.
IX. Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as
adopted by DHS at 2 C.F.R. Part 3002. 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.
X. Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the
recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide
implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988
(41 U.S.C. §§ 8101-8106).
XI. 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.
XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972,
Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), 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
XIII. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain
policies relating to energy efficiency that are defined in the state energy conservation plan
issued in compliance with this Act.
XIV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 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.)
XV. Federal Debt Status
All 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.)
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XVI. Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text 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.
XVII. 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.
XVIII. 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, (codified as amended at 15
U.S.C. § 2225.)
XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title V of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et
seq.) 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/guidance- published-help-department-
supported-organizations-provide-meaningful- access-people-limited and additional resources
on http://www.lep.gov.
XX. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided
under a 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.
XXI. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969,
Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.(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.
XXII. Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in 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
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and other applicable statues, regulations, and guidance governing the participations of faith-
based organizations in individual DHS programs.
XXIII. 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.
XXIV. 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. All recipients must comply with any such requirements set forth in the
program NOFO.
XXV. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise
provided by law. Recipients are subject to the specific 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.
XXVI. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of
the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource
Conservation and Recovery Act, 42 U.S.C. § 6962.) 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.
XXVII. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973,
Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) 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.
XXVIII. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirements
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during
the period of performance of this federal award, then the recipients during that period of time must
maintain the currency of information reported to the System for Award Management (SAM) that is
made available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or
administrative proceedings described in paragraph 2 of this award term and condition. This is a
statutory requirement under Pub. L. No. 110-417, § 872, as amended 41 U.S.C. § 2313. As
required by Pub. L. No. 111-212, § 3010, all information posted in the designated integrity and
performance system on or after April 15, 2011, except past performance reviews required for
federal procurement contracts, will be publicly available.
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2. Proceedings about Which Recipients Must Report
Recipients must submit the required information about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or
procurement contract from the federal government;
b. Reached its final disposition during the most recent five year period; and
c. One or more of the following:
1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this
award term and condition;
2) A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of
fault and liability and the recipient’s payment of either a monetary fine or penalty of
$5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
4) Any other criminal, civil, or administrative proceeding if:
a) It could have led to an outcome described in this award term and condition;
b) It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on the recipient’s part; and
c) The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Recipients must enter the SAM Entity Management area the information that SAM requires
about each proceeding described in paragraph 2 of this award term and condition. Recipients
do not need to submit the information a second time under financial assistance awards that
the recipient received if the recipient already provided the information through SAM because
it was required to do so under federal procurement contracts that the recipient was awarded.
4. Reporting Frequency
During any period of time when recipients are subject to the main requirement in paragraph
1 of this award term and condition, recipients must report proceedings information through
SAM for the most recent five year period, either to report new information about any
proceeding(s) that recipients have not reported previously or affirm that there is no new
information to report. Recipients that have federal contract, grant, and cooperative
agreement awards with a cumulative total value greater than $10,000,000 must disclose
semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For the purpose of this award term and condition:
a. Administrative proceeding: means a non-judicial process that is adjudicatory in nature in
order to make a determination of fault or liability (e.g., Securities and Exchange
Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings,
and Armed Services Board of Contract Appeals proceedings). This includes proceedings at
the federal and state level but only in connection with performance of a federal contract or
grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
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b. Conviction: means a judgment or conviction of a criminal offense by any court of competent
jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered
upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts
includes—
1) Only the federal share of the funding under any federal award with a recipient cost
share or match; and
2) The value of all expected funding increments under a federal award and options, even if
not yet exercised.
XXIX. Reporting Subawards and Executive Compensation
1. Reporting of first-tier subawards.
a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term,
the recipient must report each action that obligates $25,000 or more in federal funds that
does not include Recovery funds (as defined in Section 1512(a)(2) of the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (See
definitions in paragraph 5 of this award term).
b. Where and when to report.
1) Recipients must report each obligating action described in paragraph 1 of this award
term to the Federal Funding Accountability and Transparency Act Subaward Reporting
System (FSRS.)
2) For subaward information, recipients report no later than the end of the month following
the month in which the obligation was made. (For example, if the obligation was made
on November 7, 2016, the obligation must be reported by no later than December 31,
2016.)
c. What to report. The recipient must report the information about each obligating action that
the submission instructions posted at http://www.fsrs.gov.
2. Reporting Total Compensation of Recipient Executives.
a. Applicability and what to report. Recipients must report total compensation for
each of the five most highly compensated executives for the preceding completed
fiscal year, if—
1) The total federal funding authorized to date under this award is $25,000 or more;
2) In the preceding fiscal year, recipient’s received—
a) 80 percent or more of recipients annual gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance
subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and
subawards); and
b) $25,000,000 or more in annual gross revenues from federal procurement
contracts (and subcontracts) and federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and
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3) The public does not have access to information about the compensation of the
executives through periodic reports filed under Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of
the Internal Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the U.S. Security and Exchange Commission
total compensation filings at http://www.sec.gov/answers/execomp.htm.)
b. Where and when to report. Recipients must report executive total compensation described
in paragraph 2.a. of this award term:
1) As part of the recipient’s registration profile at https://www.sam.gov.
2) By the end of the month following the month in which this award is made, and annually
thereafter.
3. Reporting of Total Compensation of Subrecipient Executives.
a. Applicability and what to report. Unless recipients are exempt as provided in
paragraph 4. of this award term, for each first-tier subrecipient under this award,
recipients shall report the names and total compensation of each of the
subrecipient's five most highly compensated executives for the subrecipient's
preceding completed fiscal year, if—
1) In the subrecipient's preceding fiscal year, the subrecipient received—
a) 80 percent or more of its annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 C.F.R. 170.320 (and subawards); and
b) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency
Act (and subawards); and
2) The public does not have access to information about the compensation of the
executives through periodic reports filed under Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of
the Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission
total compensation filings at http://www.sec.gov/answers/execomp.htm.)
b. Where and when to report. Subrecipients must report subrecipient executive total
compensation described in paragraph 3.a. of this award term:
1) To the recipient.
2) By the end of the month following the month during which recipients make the
subaward. For example, if a subaward is obligated on any date during the month of
October of a given year (i.e., between October 1 and 31), subrecipients must report any
required compensation information of the subrecipient by November 30 of that year.
4. Exemptions
If, in the previous tax year, recipients had gross income, from all sources, under
$300,000, then recipients are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient.
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5. Definitions For purposes of this award term:
a. Entity: means all of the following, as defined in 2 C.F.R. Part 25:
1) A Governmental organization, which is a State, local government, or Indian tribe;
2) A foreign public entity;
3) A domestic or foreign nonprofit organization;
4) A domestic or foreign for-profit organization;
5) A federal agency, but only as a subrecipient under an award or subaward to a non-
federal entity.
b. Executive: means officers, managing partners, or any other employees in management
positions.
c. Subaward: means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which the recipient received this award and that
the recipient awards to an eligible subrecipient.
1) The term does not include recipients procurement of property and services needed to
carry out the project or program.
2) A subaward may be provided through any legal agreement, including an agreement that
a recipient or a subrecipient considers a contract.
d. Subrecipient: means an entity that:
1) Receives a subaward from the recipient under this award; and
2) Is accountable to the recipient for the use of the federal funds provided by the
subaward.
e. Total compensation: means the cash and noncash dollar value earned by the executive
during the recipient's or subrecipient's preceding fiscal year and includes the following (See
17 C.F.R. § 229.402(c)(2)):
1) Salary and bonus.
2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
3) Earnings for services under non-equity incentive plans. This does not include group
life, health, hospitalization or medical reimbursement plans that do not discriminate in
favor of executives, and are available generally to all salaried employees.
4) Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
5) Above-market earnings on deferred compensation which is not tax-qualified.
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6) Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the executive exceeds $10,000.
XXX. 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.
XXXI. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws 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.
XXXII. Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons.
1. Provisions applicable to a recipient that is a private entity.
a. Recipients, the employees, subrecipients under this award, and subrecipients' employees
may not—
1) Engage in severe forms of trafficking in persons during the period of time the award is
in effect;
2) Procure a commercial sex act during the period of time that the award is in effect; or
3) Use forced labor in the performance of the award or subawards under the award.
b. DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient
that is a private entity —
1) Is determined to have violated a prohibition in paragraph 1.a of this award term; or
2) Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph 1.a of this award term through
conduct that is either—
a) Associated with performance under this award; or
b) Imputed to recipients or subrecipients using the standards and due process for
imputing the conduct of an individual to an organization that are provided in
2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment
and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R.
Part 3000.
2. Provision applicable to recipients other than a private entity.
DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private
entity—
a. Is determined to have violated an applicable prohibition in paragraph 1.a of this award term;
or
b. Has an employee who is determined by the agency official authorized to terminate the
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award to have violated an applicable prohibition in paragraph 1.a of this award term through
conduct that is either—
1) Associated with performance under this award; or
2) Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB
Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000.
3. Provisions applicable to any recipient.
a. Recipients must inform DHS immediately of any information received from any source
alleging a violation of a prohibition in paragraph 1.a of this award term.
b. It is DHS’s right to terminate unilaterally that is described in paragraph 1.b or 2 of this
section:
1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)), and
2) Is in addition to all other remedies for noncompliance that are available to us under this
award.
c. Recipients must include the requirements of paragraph 1.a of this award term in any
subaward made to a private entity.
4. Definitions. For the purposes of this award term:
a. Employee: means either:
1) An individual employed by a recipient or a subrecipient who is engaged in the
performance of the project or program under this award; or
2) Another person engaged in the performance of the project or program under this award
and not compensated by the recipient including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind contribution
toward cost sharing or matching requirements
b. Forced labor: means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
c. Private entity: means any entity other than a state, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes:
1) A nonprofit organization, including any nonprofit institution of higher education, hospital,
or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R.
§ 175.25(b).
2) A for-profit organization.
d. Severe forms of trafficking in persons, commercial sex act, and coercion are defined in
TVPA, Section 103, as amended (22 U.S.C. § 7102)
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XXXIII. Universal Identifier and System of Award Management
1. Requirement for System for Award Management
Unless the recipient is exempted from this requirement under 2 C.F.R. 25.110, the recipient
must maintain the currency of their information in the SAM until the recipient submits the final
financial report required under this award or receive the final payment, whichever is later.
This requires that the recipient review and update the information at least annually after the
initial registration, and more frequently if required by changes in the recipient’s information or
another award term.
2. Requirement for unique entity identifier
If recipients are authorized to make subawards under this award, they:
a. Must notify potential subrecipients that no entity (see definition in paragraph 3 of this
award term) may receive a subaward from the recipient unless the entity has provided its
unique entity identifier to the recipient.
b. May not make a subaward to an entity unless the entity has provided its unique entity
identifier to the recipient.
3. Definitions
For purposes of this award term:
a. System for Award Management (SAM): means the federal repository into which an entity
must provide information required for the conduct of business as a recipient. Additional
information about registration procedures may be found on SAM.gov.
b. Unique entity identifier: means the identifier required for SAM registration to uniquely
identify business entities.
c. Entity: means all of the following, as defined at 2 C.F.R. Part 25, Subpart C:
1) A Governmental organization, which is a State, local government, or Indian Tribe;
2) A foreign public entity;
3) A domestic or foreign nonprofit organization;
4) A domestic or foreign for-profit organization; and
5) A Federal agency, but only as a subrecipient under an award or subaward to a non-
Federal entity.
d. Subaward: means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which a recipient received this award
and that the recipient awards to an eligible subrecipient.
1) The term does not include the recipients procurement of property and services
needed to carry out the project or program (for further explanation, see 2 C.F.R.
200.330).
2) A subaward may be provided through any legal agreement, including an
agreement that a recipient considers a contract.
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e. Subrecipient means an entity that:
1) Receives a subaward from the recipient under this award; and
2) Is accountable to the recipient for the use of the Federal funds provided by the
subaward.
XXXIV. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of
2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
XXXV. Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to 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.
XXXVI. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if
applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304
and 4310.
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