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FY20 FIRE NIGHT VISION GOGGLES MOA 1722DocuSign Envelope ID: 394D3042.73C6 -44A5- 8844 -t EBBCt DE8Dt 3 North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Michael A. Sprayberry, Director Erik A. Hooks, Secretary Homeland Security Grant Program (HSGP) CFDA #: 97.067 Fiscal Year 2017 Grant #: EMW- 2017 -SS- 00085 -SO I SUB AWARD NOTIFICATION Tim Burgess Period of Performance: September 1, 2017 to February 28, 2020 New Hanover County Project Title(s): Night Vision Goggles 230 Government Center Drive Total Amount of Award: $9,500.00 Suite 195 MOA #: 1722 Wilmington, NC 28403 North Carolina Emergency Management is pleased to inform you that the federal Fiscal Year (FY) 2017 Homeland Security Grant Program (HSGP) investment justification project(s) has been approved for funding. In accordance with the provisions of FY 2017 HSGP award, North Carolina Emergency Management hereby awards to the foregoing sub - recipient a grant in the amount shown above. The CFDA number is 97.067 and North Carolina Emergency Management federal grant number is EMW- 2017 -SS- 00085 -SO1. Payment of Funds: The grant shall be effective upon final approval by North Carolina Emergency Management of the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement. Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.). Conditions: The sub - recipient shall understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. Sub - recipient shall also certify the understanding and agreement to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the 2 CFR 200 and all applicable laws governing these funds and all other federal, state and local laws; that all information is correct; that there has been appropriate coordination with affected agencies; that sub - recipient is duly authorized to commit the applicant to these requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by the sub - recipient; and that all agencies involved with this project understand that federal funds are limited to a maximum 30 -month period. Sub - recipient must read and sign forthcoming Memorandum of Agreement for acceptance of the award. Supplanting: The sub - recipients confirm that sub -grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, the sub - recipient will certify that the receipt of federal funds through North Carolina Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. GRANT AWARD NOTICE: THIS AWARD IS SUBJECT TO THE GRANT SPECIAL CONDITIONS AND FINAL APPROVAL BY THE DEPARTMENT OF PUBLIC SAFETY, NORTH CAROLINA EMERGENCY MANAGEMENT GRANT PROGRAM BUDGET AND NARRATIVE MAILING ADDRESS OFFICE LOCATION 4236 Mail Service Center 1636 Gold Star Drive Raleigh NC 27699 -4236 Raleigh, NC 27607 -3371 www.readync.org Telephone: (919) 825 -2500 www.nodps.gov Fax: (919) 825 -2685 An Equal Opportunity employer DocuSi9n Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 M'Vs Roy Cooper, Governor Erik A. Hooks, Secretan For Official Use Only North Carolina Department of Public Safety Emergency Management Homeland Security Grant Program "HSGP" CFDA #: 97.067 Fiscal Year 2017 Grant Award #: EMW- 2017 -SS -0085 Recipient: State of North Carolina Department of Public Safety Division of Emergency Management MOA # 1722 DPS Fund Code: 1502- 7A38 -35H1 Michael A. Sprayberry, Director MEMORANDUM OF AGREEMENT (MOA) Between Sub - Recipient: New Hanover County Tax ID/EIN #: 56- 6000324 DUNS #: 040029563 MOA Amount: $9,500.00 MOA Period of Performance: September 1, 2017 to February 28, 2020 Purpose: The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and procedures to implement the terms of the US Department of Homeland Security (USDHS) HSGP Grant Program. A copy of the complete Federal grant instructions is available at www.fema.gov. This Agreement is to set forth terms by which the State of North Carolina, Department of Public Safety, North Carolina Emergency Management (Recipient), shall provide HSGP funding to the Sub - Recipient to fund projects related to Homeland Security Planning, Operations, Equipment Purchases, Trainings and Exercises. For a more detailed description of the approved Scope of Work, please see Attachment 1. Program Authorization and Regulations: This Agreement is authorized under the provisions of (1) The Department of Homeland Security Appropriations Act, 2017 (Pub. L. No. 114 -113); (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 2017 HSGP Notice of Funding Opportunity Announcement (NOFOA) available at www.fema.gov (8) applicable Grants Programs Directorate (GPD) Information Bulletins available at www.fema.gov; and (9) the NC Emergency Management Act, Chapter 166A of the North Carolina General Statutes. Projects managed by the Recipient (State) on behalf of Sub - Recipient (Only) By checking this Box I request that the Recipient retain funds effective September 1, 2017. Sub - Recipient has agreed to receive grant funds from Recipient. Sub - Recipient: desires for the North Carolina Emergency Management to conduct activities described in Attachment 1 of this MOA, on its behalf with its allocation of $9,500.00 awarded through the FY 2017 HSGP. Sub - Recipient authorizes Recipient to provide the funds to the State of North Carolina, Department of Public Safety, North Carolina Emergency Management to conduct Planning, make Equipment Purchases, and conduct Training and Exercise activities to improve prevention, protection, preparedness, response and recovery capabilities. See Attachment 1 for detailed Scope of Work. 1of14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 For Official Use Only 3. Compensation: Recipient agrees that it will pay the Sub - Recipient complete and total compensation for the services to be rendered by the Sub - Recipient. Payment to the Sub - Recipient for expenditures under this Agreement will be reimbursed after the Sub - Recipient's cost report is submitted and approved for eligible scope of work activity. The original signed copy of this Award and MOA must be signed by the Official(s) authorized to sign below and returned to North Carolina Emergency Management no later than 45 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. 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 Homeland Security Response" program. Continued HSGP funding is contingent upon completion of all HSGP funding requirements. The following eligibility criteria must be adhered to during the Grant Program: A. Every participant must: i. Be established as a State, Local, or Non -Profit agency by appropriate resolution/ordinance; ii. Complete any procurement(s) and expenditures no later than February 28, 2020. iii. Provide quarterly progress reports to NCEM Grant Managers, Training and Exercise Officer(s), and Field Branch Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15', April 15t°, July 151 and October 15'". iv. Submit request for reimbursement with all required documentation attached. B. File Retention: Sub - Recipient is required to maintain records and (invoices) of this grant for three years after termination of the grant, or audit if required, or longer where required by law, as outlined below, attached and incorporated by reference. Recipient must meet the financial administration requirements in 2 CFR Part 200 and must maintain a file for each HSGP grant award. The files must be available for review by North Carolina Emergency Management staff for site visits, project closeout and future audits. However, if a litigation, claim or audit has been initiated prior to the expiration of the three year period and extends beyond the five -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. Files must be available for review by North Carolina Emergency Management staff for site visits, project closeout and future audits. Sub - Recipient must include appropriate documentation in the file, including but not limited to the following documents: Grant award and memorandum of agreement/memorandum of understanding and supporting appendices Completed appropriate report forms with invoices and proof(s) of payment Audit findings and corrective action plans Equipment inventory records with photo documentation of labeling C. The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations. 5. Conditions: The Sub - Recipient certifies that it understands and agrees that funds will only be expended for those projects outlined in the funding amounts as individually listed in the FY 2017 HSGP Application Packet, incorporated by reference herein. The Recipient certifies that it understands and agrees to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the applicable laws, rules 2of14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- lEBBC1DE8D13 For Official Use Only and policies governing these funds; that all information is correct; that there has been appropriate coordination with affected agencies; that it is duly authorized to commit the Sub - Recipient to these requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by the Sub - Recipient; and that all agencies involved with this project understand that all Federal funds are limited to the Federal period of performance. 6. Supplantation: Sub - Recipients are required to provide assurance that grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, the Sub - Recipient certifies that the receipt of Federal funds through North Carolina Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. 7. Compliance: Sub - Recipient shall comply with the applicable statutes, ordinances, regulations, licensing requirements, policies, guidelines and requirements, reporting requirements and certifications and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of Federal requirements and State and local agencies having appropriate jurisdiction and found in the applicable FY 2017 HSGP NOFO announcement. Sub - Recipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Failure to comply with the specified conditions of this MOA will result in the return of funds and/or items to North Carolina Emergency Management. 8. Responsibilities: A. The Recipient shall: i. Provide funding to the Sub - Recipient to perform the work activities as described herein. ii. Conduct a review of the project to ensure that it is in accordance with HSGP requirements. iii. The Federal award date is September 1, 2017. Funds allocated for the performance of the work activities must be encumbered and invoices received by the North Carolina, Department of Public Safety, and North Carolina Emergency Management by February 28, 2020. iv. Directly monitor the completion of this project. B. The Sub - Recipient shall: i. Expend FY 2017 HSGP Grant Program funds in accordance with the applicable USDHS and HSGP NOFO announcement, the Grant Application Package, and the Grant Award and Special Conditions documents, incorporated by reference herein, of this MOA for the performance of the work activities. ii. Utilize State of North Carolina and /or local procurement policies and procedures for the expenditure of funds, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 44 Code of Federal Regulations (CFR) 2 CFR Part 200. Sub - Recipient must follow procurement procedures and policies as outlined in the applicable USDHS and HSGP NOFO announcement and the USDHS Financial Management Guide. Sub - Recipient shall comply with all applicable laws, regulations and program guidance. Sub - Recipient must comply with the most recent version of the funding administrative requirements, cost principles, and audit requirements. Administrative and procurement practices must conform to applicable Federal requirements. A non- exclusive list of regulations commonly applicable to DHS grants are listed below, codified in the following guidance: 2 CFR 215; 2 CFR Parts 225, 220, and 230; 15 CFR Part 24; Federal Acquisition Regulations (FAR), Part 31.2; and 2 CFR 200 Sub -part F and 44 CFR Part 14; 28 CFR Part 23 "Criminal Intelligence Systems Operating Policies "; 49 CFR Part 1520 "Sensitive Security Information "; Public Law 107 -296, The Critical Infrastructure Act of 2002; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et. seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et. seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20 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 - 3 of 14 DowSign Envelope ID: 394D3042- 73C6- 44A5- 8844.1 EBBCi DE8D13 For Official Use Only Free Workplace Requirements, Debarment and Suspension Executive Orders 12549 and 12689 and 44 CFR Part 17 and Certification Regarding Debarment, Suspension and Other Responsibility Matters; Assurances as listed in SF 424B and SF 424D, 28 CFR Parts 66, 67, 69, 70 and 83; and Grant Award and Special Conditions documents. C. Submit invoice(s) requesting reimbursement for item(s) received to the NCEM Grants Management Branch Grants Manager. Recipient will reimburse Sub - Recipient for eligible costs as outlined in the applicable USDHS Program Guidelines and NOFO announcements. Sub - Recipient must take possession of all purchased equipment and receive any grant - eligible service prior to seeking reimbursement from the Recipient. Sub - Recipient must submit request for reimbursement within 60 days of payment of invoice. D. Sub - Recipient must take possession of all purchased equipment, receive any grant- eligible service and/or complete work activities prior to seeking reimbursement from the Recipient. E. Complete the procurement(s) process not later than February 28, 2020. F. Provide quarterly progress reports to NCEM Grant Managers, Training and Exercise Officer(s), and Field Branch Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15th , April 15th, July 15th and October 15'. (Attachment 2) G. Maintain a grant management filing system as required in this MOA. H. Provide a list at project completion phase to the Grants Manager, DPR chair, and/or Branch Office listing all items purchased through the grant. I. Comply with the applicable Federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable FY 2017 HSGP NOFO announcement and Grant Award and Special Conditions documents. J. Comply with current Federal laws, suspension and debarment regulations pursuant to 2 CFR 200 Sub -part F and OMB which states in pertinent part that "effective November 26, 2003, when a non - Federal entity enters into a covered transaction with an entity at a lower tier, the non - Federal entity must verify that the entity is not suspended or debarred or otherwise excluded. Sub - Recipient shall be responsible to ensure that it has checked the Federal System for Awards Management (SAM) https : / /www.swn.gov /portal/public /SAM/ and the State Debarred Vendors Listing, htto : / /www.nandc.nc.goy /actions.asn to verify that contractors or sub - Recipients have not been suspended or debarred from doing business with the Federal government'. K. Ensure that HSGP funds are not used to support the hiring of any personnel for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities. L. Non - supplanting Requirement. Federal grant funds shall be used to supplement existing funds, and shall not replace (supplant) funds that have been appropriated for the same purpose. M. All materials publicizing or resulting from award activities shall contain this acknowledgement: "This project was supported by a Federal award from the US Department of Homeland Security, Department of Public Safety, North Carolina Emergency Management." Use of the Federal program logo must be approved by USDHS. Printed as a legend, either below or beside the logo shall be the words "Funded by US Department of Homeland Security. N. The purchase or acquisition of any additional materials, equipment, accessories or supplies or completion of any work activities beyond those identified in this MOA shall be the sole responsibility of Sub - Recipient and shall not be reimbursed under this MOA. 4of14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 For Official Use Only O. Sub - Recipient shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of any equipment procured pursuant to this Agreement unless hand receipted or transferred. P. Maintain an effective property management system that complies with the following requirements. Equipment is defined as tangible, non - expendable property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Sub - Recipient may have property management guidelines that are more restrictive, requiring a unit of equipment with a value of less than $5,000 to be inventoried; if so, such equipment purchased under this award allocation shall be included on the report submitted to Recipient. i. Recipient and Sub - Recipient shall take an initial physical inventory of any equipment. The grant summary, cost reports with backup documentation, certificate of title, and any other Sub - Recipient reports or inventory reports that include information regarding the grant, vendor, invoice number, cost per item, number of items, description, location, condition and identification number may be used to meet this requirement. ii. Sub - Recipient must ensure a control system exists to ensure adequate safeguards to prevent loss, damage or theft. Sub - Recipient shall be responsible for replacing or repairing equipment which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage or theft of the property must be investigated and fully documented, and made part of the official project records. iii. Sub - Recipient or equipment owner must ensure adequate maintenance procedures exist to keep the equipment in good condition. iv. Disposition Procedures. Sub - Recipient may dispose of the equipment when the original or replacement equipment acquired under the grant award is no longer needed for the original project or program. Items with a fair market value of less than $5,000 may be retained, transferred or otherwise disposed of with prior approval of Recipient and in accordance with disposition requirements in 2 CFR Part 200. Items with a current per unit standard Federal or fair market value in excess of $5,000 may be retained, transferred or otherwise disposed of with prior Recipient approval in accordance with disposition requirements in 2 CFR Part 200. Sub - Recipient must provide documentation that includes the method used to determine current fair market value. v. Only authorized equipment listed in the Authorized Equipment List (AEL), with appropriate grant listed are eligible for purchases from this grant. For more guidance visit www.ferna.gov. Q. No indirect or administrative costs will be charged to this allocation award. R. Sub - Recipient must utilize equipment as intended in their project application to NCEM. Any variation from this intended use must be requested in writing and approved by NCEM. Any equipment purchased under the HSGP is subject to use as a regional asset to be utilized by the USDHS, North Carolina Emergency Management, or Domestic Preparedness Region partners and statewide as needed. Failure to adhere to this policy might result in revocation of funds allocated for the purchase of said equipment. S. Sub - Recipient must have a DUNS Number, prior to any funds being released. DUNS Numbers may be obtained from either of the following web links: www.dnb.com or http: / /fedgov.dnb.com/webform. T. Each Sub - Recipient shall ensure their organization is registered with the System for Award Management (SAM). It is required for all applicants name, address, DUNS number and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all FEMA awards. SAM information can be found at 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 Sub - Recipient and shall not be reimbursed under this MOA. 5of14 DocuSlgn Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 For Official Use Only Fundine: All terms and conditions of this MCA are dependent upon and subject to the allocation of funds from the USDHS and NCEM for the purpose set forth and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the applicable USDHS Program Guidelines, which include, but may not be limited to, the FY 2017 HSGP NOFO announcement, available at: www.fema.gov. 2 CFR Parts 200 Sub -part F, 215, 220, 225, and 230, Federal Acquisition Regulations (FAR) Part 31.2, OMB Circulars A -21 and the USDHS Financial Management Guide available at www.dhs.gov, Allowable costs are also subject to the approval of the State Administrative Agent for the State of North Carolina, the Secretary of the Department of Public Safety. 10. Taxes: Sub - Recipient shall be considered to be an independent Sub - Recipient and as such shall be responsible for all taxes. 11. Warranty: As an independent sub - recipient, the Sub - Recipient will hold the Recipient harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 12. Audit Requirements: For all USDHS grant programs, Sub - Recipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. 13. State Property: Sub - Recipient shall be responsible for the custody and care of any property purchased with HSGP funds furnished for use in connection with the performance of this Agreement and shall reimburse the Recipient for any loss or damage to said property until the property is disposed of in accordance with HSGP Program requirements. Recipient will not be held responsible for any property purchased under this MOU/MOA. Title to the property purchased with HSGP funds shall be in the Sub - Recipient unless noted in section 8 of the MOA. 14. Points of Contact: To provide consistent and effective communication between Sub - Recipient and the Department of Public Safety, North Carolina Emergency Management, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The Department of Public Safety, North Carolina Emergency Management contact shall be, Assistant Director for Planning & Homeland Security, the NCEM Grants Management Branch Staff, and the NCEM Field Branch Staff. The Sub - Recipient point of contact shall be the HSGP Program Manager or the person designated by the Sub - Recipient. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses contemplated by the terms of this MOA. Any information to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's confidential information without written authorization to do so from the other party. Specifically excluded from such confidential treatment shall be information that: i. as of the date of disclosure and/or delivery, is already known to the party receiving such information; ii. is or becomes part of the public domain, through no fault of the receiving party; 6of14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 For Official Use Only iii. is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence; or iv. is independently developed at the receiving party by someone not privy to the confidential information. 15. Public Records Access: While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a case -by -case basis by the 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 Sub - Recipient subcontracts any or all purchases or services required under this Agreement, then Sub - Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Sub - Recipient and any subcontractor agree to include in the subcontract that the subcontractor shall hold Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Sub - Recipient subcontracts any or all purchases or services required under this MOA, a copy of the executed subcontract Agreement must be forwarded to Recipient. A contractual arrangement shall in no way relieve Sub - Recipient of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and Federal requirements. Sub - Recipient is bound by all special conditions of this grant award as set out in the Grant Application Package and the Grant Award and Special Conditions documents, incorporated by reference herein, as well as all terms, conditions and restrictions of the applicable HSGP NOFO announcement referenced herein. 17. Situs: This Agreement shall be governed by the laws of North Carolina and any claim-for breach or enforcement shall be filed in State Court in Wake County, North Carolina. 18. Antitrust Laws: This Agreement is entered into in compliance with all State and Federal antitrust laws. 19. Other Provisions /Severabill : Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, Department of Public Safety, North Carolina Emergency Management, or the Sub - Recipient. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 20. Compliance with the law: Sub - Recipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Sub - Recipient shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of Federal requirements and State and local agencies having appropriate jurisdiction and found in the FY 2017 HSGP 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 Sub - Recipient. 23. Certification of eligibility- -Under the Iran Divestment Act: 7of14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844 -1 EBBC7 DE8D13 For Official Use Only 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: i. 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; ii. that the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and iii. 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: bttros: / /www.nctreasurer.com/ inside - the- det)artment/Ot)enGovemment/Pages /Iran- divestment- Act- resources.aspx and will be updated every 180 days. For Questions about the Department of State Treasurer's Iran Divestment Policy, please call (919) 814 -3852. 24. Buy American and Hire American: All recipients are required to comply with any applicable provisions of the Buy American Act (41 U.S.C. Sections 8301 through 8305), and any other applicable statutes, regulations, or rules that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States. 25. Termination: The terms of this agreement, as modified with the consent of all parties, will remain in effect until February 28, 2020. Either party upon thirty days advance written notice to the other party may terminate this agreement. Upon approval by USDHS, FEMA and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension will be the date listed in the applicable USDHS, FEMA Grant Adjustment Notice, incorporated by reference herein. If USDHS suspends or terminates funding in accordance with 2 CFR 200 and the 2017 HSGP NOFOA, incorporated by reference herein, the Sub - Recipient shall reimburse North Carolina Emergency Management for said property and/or expenses. 26. Budget and Scope of Work: Sub - Recipient shall implement the HSGP project summarized below and as described in the approved project application. That application is hereby incorporated by reference into this Agreement. The Recipient shall reimburse eligible costs according to the following expenditures: A. Funding Summary Proiect Costs: Federal Share: $ 9,500.00 State Share: $ 0.00 Local Share: $ 0.00 TOTAL: $ 9,500.00 B. Scope of Work Summary Please see Attachment 1 for a detailed Scope of Work description. C. Reports to be provided during Period of Performance Sub - Recipient must also provide a semi - annual summary (progress report); no later than July 15d' to the NCEM Grant Manager and/or NCEM Field Planner to ensure that the project deliverables are being met, and that each grant contract is operating within budget. D. Reports to be provided at the Conclusion of Work (if applicable) i. Quarterly project progress reports. ii. Sub - Recipient involved legal action that pertains to Planning, Organization, Training, Exercise and Equipment purchased with HSGP. 8of14 DocuSign Envelope ID: 394D3042- 73C8 -44A5- 8844 -1 EBBC1 DEBDt 3 For Official Use Only iii. After action report from exercise. iv. Training course roster and description. V. Any other documentation that would be pertinent. vi. Any invoices detailing the expenses associated with the project. vii. Proof of Payment of expenses associated with the project. 27. Lobbvine Prohibition: The Sub - Recipient certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or employee of any state or Federal agency, a member of the NC General Assembly, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Assurance of Compliance with Title VI of the Civil Riahts Act of 1964: During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor ") agrees as follows: A. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally- Assisted Programs of the 2 CFR. 200 and North Carolina regulation as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitation for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. D. Information and Reports: The contractor shall provide all information and reports required by the Regulations 9of14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 For Official Use Only or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as my be determined by the Recipient or the Research and Special Programs Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Recipient or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain such information. E. Sanctions for Noncompliance: In the event of the contractors noncompliance with nondiscrimination provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: i. Withholding of payments to the contractor under the contract until the contractor complies; and /or ii. Cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions: The contractor shall include the provisions of every subcontract, including procumbent of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contract shall take such action with respect to any subcontract or procurements as the Recipient or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provide, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the of the Recipient and, in addition the contractor may request the United States to enter such litigation to protect the interests of the United States. 29. Assurance of Compliance with Title VI of the Civil Rights Act of 1964: Sub - Recipient hereby agrees that as a condition to receiving any Federal financial assistance from the USDHS it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to 2 CFR Sub Part F , Nondiscrimination in Federally - Assisted Programs of the USDHS - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the Sub - Recipient receives Federal financial assistance from the USDHS, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Sub - Recipient hereby gives the following specific assurance with respect to the project: A. Agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program ") conducted, or will be (with regard to ( "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. B. Insert the following notification in all solicitations forbids 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. C. Insert the clauses of this agreement in every contract subject to the Act and the Regulations. 10 of 14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 For Official Use Only D. This assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. E. Provide for such methods of administration for the program as are found by the Secretary of USDHS or the official to whom he delegates specific authority to give reasonable guarantee that is, other recipients, sub - recipients, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the USDHS and is binding on it, other recipients, sub - recipients, contractors, subcontractors, transferees, successors in interest and other participants in the USDHS Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the recipients. 30. Assurance of Compliance with Title VI of the Civil Rights Act of 1964: The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by Sub - Recipient executed in expending these grant funds: A. The [Sub - Recipient, licensee, lessee, permittee, etc., as appropriate] for itself, herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land "] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a USDHS program or activity is extended or for another purpose involving the provision of similar services or benefits, the Sub - Recipient [licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 2 CFR Sub Part F and as said Regulations may be amended. B. That in the event of breach of the above nondiscrimination covenants, Sub - Recipient shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. C. That in the event of breach of any of the above nondiscrimination covenants, Sub - Recipient shall have the right to re -enter said lands and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of Sub - Recipient and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by Sub - Recipient: A. The [Sub- Recipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases add "as a covenant running with the land "] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [Sub - Recipient, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant 2 CFR Sub Part F Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 11 of 14 DocuSign Emelope ID: 394D3042- 73C6 -44A5- 8844 -1 EBBC1 DE8Dt 3 For Official Use Only B. That in the event of breach of any of the above nondiscrimination covenants, Sub - Recipient shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. C. That in the event of breach of any of the above nondiscrimination covenants, Sub - Recipient shall have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Sub - Recipient and its assigns. ' Reverted clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. 31. Assurance of Compliance with Privacy Act: The Sub - Recipient agrees: A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there under, when performance under the program involves the design, development, or operation of any system or records on individuals to be operated by the Sub - recipient, its third -party contractors, subcontractors, or their employees to accomplish a USDHS function. B. To notify USDHS when the Sub - Recipient or any of its third -party contractors, subcontractors, sub - recipients, or their employees anticipate a system of records on behalf of USDHS in order to implement the program, if such system contains information about individuals name or other identifier assigned to the individual. A system of records subject to the Act may not be used in the performance of this Agreement until the necessary and applicable approval and publication requirements have been met. C. To include in every solicitation and in every third -party contract, sub -grant, and when the performance of work, under that proposed third -party contract, sub grant, or sub agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third -party contract, sub grant, or to accomplish a USDHS function, a Privacy Act notification informing the third party contractor, or sub Recipient, that it will be required to design, develop, or operate a system of records on individuals to accomplish a USDHS function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable USDHS regulations, and that a violation of the Act may involve the imposition of criminal penalties; and D. To include the text of 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 USDHS. 32. Certification Reaardina Drue -Free Workplace Requirements (Sub - Recipients Other Than Individuals): This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988,44 CFR Part 17, Sub Part F. The regulations, published in the January 31, 1989 Federal Register, require certification by sub - Recipient, prior to award, that they will maintain a drug -free workplace. The certification set out below is a material representation of the act upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government -wide suspension of debarment, (See 2 CFR Part 200). A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Sub - Recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establish a drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The Sub - recipient's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; 12 of 14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 For Official Use Only iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Make it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A); D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement; ii. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. E. Notifying the agency within ten days after receiving notice under subparagraph (D) (ii), from an employee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(ii), with respect to any employee who is convicted: i. Taking appropriate personnel action against such an employee, up to and including termination; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state, local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). 33. Execution and Effective Date: This grant shall become effective upon return of this original Grant Award and MOA, properly executed on behalf of the Sub - recipient, to North Carolina Emergency Management and will become binding upon execution of all parties to the Agreement. The terms of this Agreement will become effective September 1, 2017. The last signature shall be that of Erik A. Hooks, Secretary for the North Carolina Department of Public Safety. 34. Term of this Agreement: This agreement shall be in effect from September 1, 2017 to February 28, 2020. 13 of 14 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- tEBBC1DE8D13 For Official Use Only IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this Agreement will be effective as of September 1, 2017 NC DEPARTMENT OF NEW HANOVER COUNTY PUBLIC SAFETY 230 GOVERNMENT CENTER DR. DIVISION OF EMERGENCY MANAGEMENT WILMINGTON, NC 28403 1636 GOLD STAR DR RALEIGH, NC 27607 B uD LAz&F1Aaa1i`RrALY'8E2RPY, rDoc9elyl-'d by: BYk �.,�.1.(� M DIRECTOR l- 29EW071e � ... NORTH CAROLINA EMERGENCY MANAGEMENT APPROVED AS TO PROCEDURES: D ..919—by: D—Si9 d by: BlitY{L!n! i sfew BY: D 1�4 n�sAiG TON, CONTROLLER nacacaooeaco DEPARTMENT OF PUBLIC SAFETY ��,-DocuSlg.e by: BY:lui(i" PA WII6t AI14cPQ Ed-, ASSISTANT GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF PUBLIC SAFETY, BY WILLIAM POLY, DPS ASSISTANT GENERAL COUNSEL, TO FULFILL THE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS Dxu319 -e by: j ERRRRfiK- AATHOO M, SECRETARY DEPARTMENT OF PUBLIC SAFETY THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2017 HOMELAND SECURITY GRANT PROGRAM ONLY AND IS SUBJECT TO EXECUTION BY ERIK A. HOOKS, SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR OTHER MOUs/MOAs FOR THE HSGP FOR OTHER FISCAL YEARS. 14 of 14 DoouSign Envelope ID: 394D3042- 73C8- 44A5-8844- 1EBBC1DE8D13 Attachment 1 DocuSlgn Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8Dt3 North Carolina FY 2017 HSGP Sub - Recipient Application Due: 3/3/17 This application and budget for FY 2017 Homeland Security Grant Program funds must be submitted by email to Meghan Brown, NCEM Homeland Security Planner (Meehan.brown(q),ncdns.govl no later than Friday. March 3rd, 2017. Part 1: Basic Information 1.) Project Name Night Vision Goggles Project Version (Choose Version 1 unless resubmitting application with changes) Version 1 2.) Project Description Support operation in night operations for search, and or rescue particularly in the water environment, or heavy wooded areas. These Armasight N -15 Gen 2+ ID Night Vision Goggles a deployable asset and will also be available throughout the region and the entire state for land based SAR missions, water rescue activities, HART, etc. Currently DPR -3 does not have this capability and this would greatly enhance the capabilities of the teams in DPR -3 and throughout the state. This project will allow DPR -3 to assist any region with this resource as needed for night time operations. DUNS Number 3.) State, Local (DPR), or Local Non -DPR Project Local If Local, select DPR number DPR 3 Yes 4.) Total Funding Requested $9,500 A. Applicant Information (When awarded a grant, the applicant will be referred to as the sub - recipient) Applicant New Hanover Count DUNS Number 040029563 Tax ID Number 56- 6000324 Registered in SAM? (Registration is required) Yes Type of Organization Government Entity (Nonprofits must provide proof of status) B. Applicant Point of Contact Information /Primary nnint of rnntart for all rnmmimiratinn ranardinn the grant if mnre than nna_ add anther hnxl Name Teresa Hewett Agency New Hanover County Finance Title Grants Anal st Phone Work 910 - 798 -7408 I Phone Mobile 910- 798 -7408 Mailing Address 230 Government Center Drive Suite 165 City Wilmington I ZIP + 4 128403 Email thewett@nhcg ov.com November 30, 2016 NC Emergency Management Page 1 of 4 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- lEBBC1DE8D13 North Carolina FY 2017 HSGP Sub - Recipient Application Due: 3/3/17 C. MOA Signatory Information: (Individual who has the authority to sign the grant aareement. add another box if more than one is required) Name Tim Bur ess Agency: New Hanover Count Title Assistant County Manager Phone Work 910 - 798 -7211 1 Phone Mobile 910 - 798 -7211 Mailing Address (must be physical address, not PO Box 230 Government Center Drive Suite 195 City Wilmington ZIP + 4 28403 Email tbur ess nhc ov.com Part 2: Budget Information In addition to completing this section, applicants will need to submit at least one Budget Sheet attachment for every solution area in which they request funding. _ 1. Proposed Funding Solution Area Amount of Funding $ Funds Dedicated to LETP* Planning $ $ Equipment $9,500 $ Training$ $ Exercises $ $ Total Proposed Funding: $ $ *If applicable, provide the proposed funding amount that will be spent on Law Enforcement Terrorism Prevention (LETP). Part 3: Grant Proposal Information A. Historical Information 1.) Does this project support a previously awarded investment? No 2.) If yes, from which year? Choose an item. 3.) Project name? 4.) How much funding was awarded? $ 5.) Last completed milestone? B. Baseline: New or Ongoing Project 1.) Is this project new or ongoing? New 2.) This project will ❑ Sustain or continue current capabilities ❑ Complete a current project ® Build or increase current capabilities (Only select if the project will significantly increase capacity) November 30, 2016 NC Emergency Management Page 2 of 4 DocuSign Envelope ID: 394D3642- 73C6 -44A5- 8844- 1EBBC1DE8D13 North Carolina FY 2017 HSGP Sub - Recipient Application Due: 3/3/17 C. Project Information 1. Which of the following State Priorities does the project address? ❑ Cyber Security ❑ Threats and Hazard Identification ❑ Economic Recovery ❑ Risk/Disaster Resiliency Assessment ❑ Fatality Management Services ® Mass Search and Rescue Operations ❑ Intelligence and Information Sharing ❑ Public Information and Warning ❑ Community Resilience ❑ Health and Social Services ❑ Mass Care Services ❑ Planning ❑ Public Health and Medical Services ❑ Long -term Vulnerability Reduction ❑ Risk Management for Protection Programs and Activities ❑ Interdiction and Disruption ❑ Other (Only select this option if this project does not fit in any other category) If other, please explain: 2. Environmental and Historic Preservation Does this project require new construction, renovation, retrofitting, or No modification of existing structures? 3.) Regionalization These Armasight N -15 Gen 2+ ID Night Vision Goggles are a deployable asset and will be available throughout the region and the entire state for land based SAR missions, water rescue activities, HART, etc. Currently DPR -3 does not have this capability and this would greatly enhance the capabilities of the teams in DPR -3 and throughout the state. This project will allow DPR -3 to assist any region with this resource as needed for night time operations. Deployable? Can the project be deployed to other jurisdictions? Yes Sharable? If the asset cannot be moved, can it be shared with other Yes jurisdictions? 4.) Project Management This project will be managed by New Hanover County Fire rescue Department. 5.) Project Milestones: Describe the major steps that will occur over the process of completing the project and include the estimated date of those steps. Project plan should be no longer than 36 months. Milestone Date mm/ Initial Request for Funding February 2017 Vetting of request by SRC Aril 2017 Project Funded Fall 2017 Grant monitoring and Close out Upon Purchase November 30, 2016 NC Emergency Management Page 3 of 4 DowSign Envelope ID: 394D3042- 73C6 -44A5- 8844 -1 EBBCi DE8D13 North Carolina FY 2017 HSGP Sub - Recipient Application Due: 3/3/17 7.) Fusion Center Does this proposal contribute to development and operation of the fusion center? No If "Yes ", please explain. Certification: I certify that: ® This application includes the following: ® Completed application ❑ Completed budget sheet(s) ❑ If applying as a nonprofit, documentation demonstrating nonprofit status ❑ This project will be submitted by email to meahan.brown(amelps.cov on or before Wednesday, March 3, 2017. ® No project (supported through federal and /or matching funds) having the potential to impact Environmental or Historical Preservation (EHP) can be started without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Applicant must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. Any activities that have been initiated without the necessary EHP review and approval will result in a non - compliance finding and will not be eligible for FEMA funding. ® In accordance with HSPD -5, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance through grants, contracts, and other activities. By submitting this project proposal you and all participating entities are certifying that your locality /state agency is NIMS compliant. ® Submission of the project proposal does not guarantee funding. ® Any projects allocated funds will be required to check all purchases against the Allowable Equipment Lists https: / /www.fema.gov/ media - library /assets /documents /101566 ® Any changes made to this project after the submission deadline must be approved by the Homeland Security Section Grants Branch Manager and an updated application must be submitted. November 30, 2016 NC Emergency Management Page 4 of 4 DocuSign Envelope lD'. 394D3042- 73C6 -04A5- 8844- 1EBBC10EBD13 EQUIPMENT REQUEST FY 2017 HSGP - Equipment Budget Form NIMS Resource cqulpment uescnpaon a rnmary use s L s type ;F items 07SE -01- Armasight N -15 Gen 2+ ID Night Vision Goggles IHTS I n1a 1 2.00 TOTAL PLANNED EQUIPMENT EXPENDITURES $ 9,500.00 Shipping /Handli Item Cost Extended Cost Tax ng Total $ 4,750.00 $ 9,500.00 $ - $ - $ 9,500.00 DocuSign Envelope ID: 394D3042- 73C6-44A5- 8844- 1EBBC1DE8D13 Attachment 2 DocuSign Envelope ID: 394D3042- 73C8- 44A5- 8844 -1 EBBC1 DE8D13 Ouarterly Progress Report Sub - Recipient: New Hanover County MOA Number: 1722 FY 2017 HSGP — EMW- 2017 -SS- 00085 -SO 1 Quarter (list dates): Grant Award Amount: $9,500.00 Funds Expended Prior Quarters: Funds Expended This Quarter: Activities Metric Current Status Dates, current status. For example: list 1. Equipment needs identified, items in vendor negotiation, purchased, placed in service, etc. Dates, current status. For example: list 2. Planning needs identified, updates or revisions made to plans, or those to be made. Dates, status of training. For example: list 3. Training identified needs; training planned, in progress, or conducted (with agenda and roster attached). Dates, status of exercise. For example: list 4. Exercise identified needs; exercise(s) planned, in progress, or conducted (with After Action Report attached). Report submitted by: Ouarterly Progress Reports are due: Date: January 15 April 15 July 15 October 15 M C V DocuSign Envelope ID: 394D3042- 73C6-44A5- 8844- IEBBCIDE8Dl3 Attachment 3 - EXAMPLE Grant - Funded Typed Resource Report Tool Instructions: 1. Each row should contain one piece of equipment purchased with or training held using grant funds for current reporting period. Only report purchases and trainings that have already been completed and funds have been expended and drawn down. 2. Choose from the drop -down menu whether the line is for equipment or training, the NIMS Typed Discipline, NIMS Typed Resource and NIMS Type q, as published by FEMA's National Integration Center (NIC) that the equipment supports, if NIMS Typed. 2a. If equipment or training is not NIMS Typed, choose "State /Local Other" in drop -down menu and provide State /Local typing or Community of Interest information in the Comments. 3. Choose whether the piece of equipment or training is to "Sustain Current" existing capabilities or will increase or "Add New" capability . 4. Choose the Core Capability or Capabilities that the Typed Resource supports. If more than one Core Capability is applicable, expand the columns by clicking the '+' above the 'Cost of Purchase' column to show more'Core Capability Supported' columns. S. Enter the cost of the equipment or training. 6. Enter additional information in the Comments, including a brief description of whether the training or equipment purchased sustains existing capabilities; adds or improves an existing capability; or builds a new capability from scratch. This Form Can be accessed at www.fema.gov/ media - library /assets /documents /28973 ?id =6432 SUBGRANTEE: GRANT#: PROJECT: (Carolina County 2013 -SS- 00033- SO] -13xx Generators &Generator switches NIMS Typed Discipline State /Loral Typetl pof Personnel pofT Equipmeritor or state /Local NIMSTyped Resource NIMS Typed Equipment Yped Sustain Current Resource Supported Trainetl for Teams Capability/Adtl New C Cost of Purchase Comments Training I Dlstlpline /Cgmmunky Supported I Tyne P (if applluble) Purchased Typed Teams Trained Capability of Interest Supported Type II to a Type I Ha:Mat WMD Liquid Splash- Environmental Response Entry Team by fullfling the Equipment Fire / Hazmat HazMat Entry Turn I N/A protective CpC N/A N/A Add New / Health and Safety $ 90,000.00 PPE requirements for a Type I team. This investment completes the upgrade of this team. This Twining sustained policy a tw awareness for a state and o Regional IMTs. This training Incident maintains emergency staff Training Incident Management III N/A N/A Sustain Comm Operational Coordination $ 150,000.00 Management Team \\ ?'- wareness that would have otherwise been out -of -date within 3 months of the training. /) The ALS Rescue Boat meets cRI State typing for Water Public Health and State/ Local Other State/ ,. Ambulance. This equipment Equipment Medical (provide in Local Wahr Ambulance ALS Rescue Boat N/A N/A Add New Mass Care Services $ 100,000.00 purchase adds a new comments section) Other capability to the local EMS. Teams will begin training to complete the resource. 63 Responders were trained in structural collapse to support Mass Search and Rescue 23 Type II USAR Teams. This Training Search and Rescue US &R Task Forces II N/A N/A 63 23 Sustain Current Operations $ 75,000.00 training sustained current #era levels of staffing in anticipation of current staff retiring. DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- lEBBC1DE8D13 Attachment 3 Grant - Funded Typed Resource Report Tool Instructions: 1. Each row should contain one piece of equipment purchased with or training held using grant funds for current reporting period. Only report purchases and trainings that have already been completed and funds have been expended and drawn down. 2. Choose from the drop -down menu whether the line is for equipment or training, the NIMS Typed Discipline, NIMS Typed Resource and NIMS Type #, as published by FEMA's National Integration Center (NIC) that the equipment supports, if NIMS Typed. 2a. If equipment or training is not NIMS Typed, choose "State /Local Other" in drop -down menu and provide State /Local typing or Community of Interest information in the Comments. 3. Choose whether the piece of equipment or training is to "Sustain Current" existing capabilities or will increase or "Add New" capability . 4. Choose the Core Capability or Capabilities that the Typed Resource supports. If more than one Core Capability is applicable, expand the columns by clicking the '+' above the 'Cost of Purchase' column to show more 'Core Capability Supported' columns. 5. Enter the cost of the equipment or training. 6. Enter additional information in the Comments, including a brief description of whether the training or equipment purchased sustains existing capabilities; adds or improves an existing capability; or builds a new capability from scratch. SUBGRANTEE: GRANTM PROJECT: Equipment or Training NIMS Typed Discipline or I State /Local NIMS Typed Resource Discipline /Community of Supported Interest Supported NIMS Type # I State /Local Typed Resource Supported (if applicable) Typed Equipment Purchased # of Personnel Trained for Typed Teams j Sustain Current - # of Typed Capability /Add New Core Capability Supported Teams Trained Capability j Cost of Purchase Comments ►.. C s v CC DocuSign Envelope ID: 39403042- 73C6 -44A5- 8844 -1 EBBC1 DE8D13 The Department of Homeland Security Standard Terms and Conditions 2017 W The FY 2017 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2017. The DHS financial assistance awards terms and conditions flow down to subrecipients, unless a particular award tens or condition specifically indicates otherwise. Assurances. Administrative Requirements, Cost Principles. and Audit Requirements DHS financial assistance recipients must complete either the 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 2 C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002. DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions goveming 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. If, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crd(@hg.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. DHS Standard Terms & Conditions: Version 7.1 March 20, 2017 Page 1 of 5 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- tEBBC1DE8D /3 The Department of Homeland Security Standard Terms and Conditions 2017 Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, 6 6101 at sea.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. && 12101- 12213 . Best Practices for Collection and Use of DHS defines personally identifiable information (PI I) as any information that Personally Identifiable Information (PII) permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically - available privacy policy that describes standards on the usage and maintenance of PI they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Civil Rights Act of 1964 – Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 6 2000d at sea.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (See 42 U.S.C. 6 3601 at sea.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units —i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevatorsy--be designed and constructed with certain accessible features. (See 24 C.F.R. 6 100.201.) Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. 66 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Debarment and Suspension All recipients are subject to the non - procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 41 U.S.C. 6 701 at sea.), which requires all organizations receiving grants from any federal agency agree to maintain a drug -free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. DHS Standard Terms & Conditions: Version 7.1 March 20, 2017 Page 2 of 5 DocuSign Envelope ID: 394D3042- 73C6- 44A5- 8844- IEBBC1DE8D13 The Department of Homeland Security Standard Terms and Conditions 2017 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Education Amendments of 1972 (Equal All recipients must comply with the requirements of Title IX of the Education Opportunity in Education Act) — Title IX Amendments of 1972 (20 U.S.C. 6 1681 at sea.), 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 coded at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. S 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil All recipients must comply with the requirements of 31 U.S.C. S 3729- 3733 Remedies which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. 5 3801 -3812 which details the administrative remedies for false claims and statements made.) 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.) Federal Leadership on Reducing Text Messaging All recipients are encouraged to adopt and enforce policies that ban text while Driving messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. 6 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. a40118 and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B- 138942. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. S 2225a. all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. 6 2225. Limited English Proficiency (Civil Rights Act of All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title 1964, Title VI) VI) 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.goy/ouidance-published-help-der)artment- DHS Standard Terms & Conditions: Version 7.1 March 20, 2017 Page 3 of 5 DocuSign Envelope ID 394D3042- 73C6 -44A5 -88441 EBBC1 DE8D13 The Department of Homeland Security Standard Terms and Conditions 2017 supportedorganizations- provide- meaningful- access - people- limited and additional resources on htti): / /www.lep.gov. Lobbying Prohibitions All recipients must comply with 31 U.S.C. §11352, which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal. National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Ad (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Nondiscrimination in Matters Pertaining to Faith- It is DHS policy to ensure the equal treatment of faith -based organizations in Based Organizations social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Non - supplanting Requirement All recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non - federal sources. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bavh -Dole Act, Pub. L. No. 96 -517, as amended, and codified in 35 U.S.C. 6 200 et seq. All 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. Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. & 794, as amended, which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS Standard Terms & Conditions: Version 7.1 March 20, 2017 Page 4 of 5 DocuSign Envelope ID: 394D3p42- 73C6 -44A5- 8844 -1 EBBC1 DE8D13 tee® The Department of Homeland Security Standard Terms and Conditions 2017 Reporting of Matters Related to Recipient Integrity If the total value of the recipients currently active grants, cooperative and Performance agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200 Appendix XII, the full text of which is incorporated here by reference in the award terns and conditions. Reporting Subawards and Executive All recipients are required to comply with the requirements set forth in the Compensation government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. SAFECOM All recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Terrorist Financing All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. 6 7104. The award term is located at 2 C.F.R. 6 175.15, the full text of which is incorporated here by reference in the award terms and conditions. Universal Identifier and System of Award All recipients are required to comply with the requirements set forth in the Management (SAM) government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference in the terms and conditions. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Reouired to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. F0 175 -175c. Use of DHS Seal, Logo and Flags All 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. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (If applicable) at 10 U.S.0 6 2409, 41 U.S.C. 4712, and 10 U.S.C. 6 2324, 41 U.S.C. 6S 4304 and 4310. DHS Standard Terms & Conditions: Version 7.1 March 20, 2017 Page 5 of 5 DocuSign Envelope ID: 394D3042- 73C6 -44A5- 8844- 1EBBC1DE8D13 Attachment 5 DocuSign Envelope ID: 394D3042- 73C6-44A6- 8844 -1 EBBC1 DE8D73 Required Sub - Recipient File Documentation Sub - grantee or sub - recipient must meet the financial administration requirements in 2 C.F.R Part 200 and must maintain a file for each homeland security grant award. The files must be available for review by the North Carolina Division of Emergency Management — Homeland Security Branch Staff for site visits, project closeout and future audits. Sub - grantee or sub - recipient must include appropriate documentation in the file, including but not limited to the following documents: Grant Award and Memorandum of Agreement/ Memorandum of Understanding and Supporting Appendices Completed appropriate cost report forms with invoices and proof(s) of payment Audit Findings and Corrective Action Plans Equipment Inventory records with photo documentation of labeling