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FY20 FIRE HSGP SATELLITE COMM MOA 1934DocuSign Envelo 1 CB8E- 3746 -4BEB- 8268- 32BCED8A1E1E North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Erik A. Hooks, Secretary Michael A. Sprayberry, Director Homeland Security Grant Program (HSGP) Fiscal Year 2019 CFDA #: 97.067 Grant #: EMW- 2019 -SS -00057 SUBAWARD NOTIFICATION Frank Meyer Period of Performance: September 1, 2019 to February 28, 2022 New Hanover County Fire & Rescue Project Title: Satellite Communications 230 Government Center Dr, Total Amount of Award: $46,145.00 Wilmington, NC 28403- MOA #: 1934 North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2019 Homeland Security Grant Program (HSGP) has been approved for funding. In accordance with the provisions of FY 2019 HSGP 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 appropriate 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 oroiects 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 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.nedps.gov Fax: (919) 825 -2685 An Equal Opportunity employer DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1EtE ffiicial Use Only Subrecipient: North Carolina Department of Public Safety New Hanover County Fire & Rescue Emergency Management Roy Cooper, Governor Erik A. Hooks, Secretary Homeland Security Grant Program (HSGP) Fiscal Year 2019 CFDA #: 97.067 Grant #: EMW- 2019 -SS -00057 Memorandum of Agreement (MOA) between Recipient: Subrecipient: State of North Carolina New Hanover County Fire & Rescue Department of Public Safety Tax ID/EIN #: 56- 6000324 Emergency Management Duns #: 040029563 MOA #: 1934 Award amount: $46,145.00 Period of performance: September 1, 2019 to February 28, 2022 DPS fund code: 1502- 7A38 -3H19 Michael A. Sprayberry, Director 1. Purpose The purpose of this Memorandum of Agreement is to establish responsibilities and procedures to implement the terms of the US Department of Homeland Security (DHS) HSGP Grant Program. A copy of the complete Federal grant instructions is available at www.fema.gov. This agreement is to set forth terns by which the State of North Carolina, Department of Public Safety, North Carolina Emergency Management (Recipient), shall provide HSGP 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 HSGP Notice of Funding Opportunity Announcement (NOFOA) available at www.fema.gov (8) applicable Grants Programs Directorate (GPD) Information Bulletins available at www.fema.gov; and (9) the NC Emergency Management Act, Chapter 166A of the North Carolina General Statutes. The funds awarded under this grant must be used in compliance with all applicable state and federal laws to include compliance with N.C.G.S. §143C-6-23 and 09 NCAC 03M. By accepting this award, the Subrecipient agrees to use these funds in a manner consistent with state laws and regulations. 3. Projects managed by the Recipient (State) on behalf of Subrecipient (Only) ❑ By checking this Box I request that the Recipient retain funds effective September 1, 2019. Subrecipient has agreed to receive grant funds from Recipient. Subrecipient desires for the North Carolina Emergency Management to conduct activities described in Attachment 1 of this MOA, on its behalf with its allocation of $46,145.00 awarded through the FY 2019 HSGP. Subrecipient 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 HSGP MOA 2019 1 of 13 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8288- 32BCED8A1E1E fficial Use Only Training and Exercise activities to improve prevention, protection, preparedness, response, and recovery capabilities. See Attachment 1 for detailed Scope of Work. 4. Compensation Recipient agrees that it will pay the Subrecipient complete and total compensation for the services to be rendered by the Subrecipient. Payment to the Subrecipient for expenditures under this Agreement will be reimbursed after the Subrecipient's cost report is submitted and approved for eligible scope of work activity. The original signed copy of this Award and MOA must be signed by the Official(s) authorized to sign below and returned to North Carolina Emergency Management no later than 45 days after award date. The grant shall be effective upon return of the executed Grant Award and MOA and final approval by North Carolina Emergency Management of the grant budget and program narrative. Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.) and/or that all work activities are completed. 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. 5. Funding Eligibility Criteria Federal funds administered through the State are available to local governments to assist in the cost of developing and maintaining a "Comprehensive Homeland Security Response" program. Continued HSGP funding is contingent upon completion of all HSGP funding requirements. The following eligibility criteria must be adhered to during the Grant Program: A. Every participant must: i. Be established as a State, Local, or Non -Profit agency by appropriate resolution/ordinance. ii. Complete any procurement(s) and expenditures no later than February 28, 2022. 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 15th, July 15'h and October 15'h. iv. Submit request for reimbursement with all required documentation attached. 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 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. The following files must be available for review by North Carolina Emergency Management staff for site visits, project closeout and future audits: i. Resolution/ordinance establishing Subrecipient a State, Local, or Non -Profit ii. Grant award and memorandum of agreement/memorandum of understanding and supporting appendices iii. Completed appropriate reports with specifications, solicitations, competitive quotes or proposals, basis for selection decisions, purchase orders, contracts, invoices and proof(s) of payment iv. Audit findings and corrective action plans v. Equipment inventory records with photo documentation of labeling C. The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations. 6. Conditions 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 HSGP Application Packet, incorporated by reference herein. The Recipient certifies that it understands and agrees to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the applicable laws, rules and policies governing these HSGP MOA 2019 2 of 13 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32SCED8A1ElE fficial Use Only funds; that all information is correct; that there has been appropriate coordination with affected agencies; that it is duty 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. 7. 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 homeland security activities. In compliance with that mandate, the Subrecipient certifies that the receipt of Federal funds through North Carolina Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. 8. Compliance 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 HSGP 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. 9. 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 HSGP requirements. C. The Federal award date is September 1, 2019. 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, 2022. D. The recipient shall directly monitor the completion of this project. Subrecipient A. The Subrecipient shall expend FY 2019 HSGP Grant Program funds in accordance with the applicable DHS and HSGP NOFO announcement, the Grant Application Package, and the Grant Award and Special Conditions documents, incorporated by reference herein, of this MOA for the performance of the work activities. B. The 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 HSGP 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 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 HSGP MOA 2019 3 of 13 DocuSip Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1EtE fficial Use Only 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. Submit invoice(s) requesting reimbursement for item(s) received to the NCEM Grants Management Branch. Recipient will reimburse Subrecipient for eligible costs as outlined in the applicable DHS Program Guidelines and NOFO announcements. Subrecipient must take possession of all purchased equipment and receive any grant - eligible service prior to seeking reimbursement from the Recipient. Subrecipient must submit request for reimbursement within 60 days of payment of invoice. D. Complete the procurement(s) process not later than February 28, 2022. E. 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) F. Maintain a grant management filing system as required in this MOA. G. Provide a list at project completion phase to the Grants Manager, DPR chair, and/or Branch Office listing 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 FY 2019 HSGP NOFO announcement and 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.sarn.gov /portal/public /SAM/ and the State Debarred Vendors Listing, lam: / /www.Randc.nc.itoy /actions.ast) to verify that contractors or subrecipients have not been suspended or debarred from doing business with the Federal government'. J. 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. 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, 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. Subrecipient 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 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. HSGP MOA 2019 4 of 13 DocuSign Envelope ID: 542FCB8E- 3746 4BEB- 8268- 32BCED8A1EtE fficial Use Only 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 HSGP 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. Any equipment purchased under the HSGP is subject to use as a regional asset to be utilized by the DHS, North Carolina Emergency Management, or Domestic Preparedness Region partners and statewide as needed. Failure to adhere to this policy might result in revocation of funds allocated for the purchase of said equipment. Q. 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 hM: / /fed ¢ ov.dnb.com /webform. R. 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. S. 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. 10. Funding All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the DHS and NCEM for the purpose set forth, and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the applicable DHS Program Guidelines, which include, but may not be limited to, the FY 2019 HSGP NOFO announcement, available at: www.fema.gov. 2 CFR Parts 200 Sub -part F, 215, 220, 225, and 230, Federal Acquisition Regulations (FAR) Part 31.2, OMB Circulars A -21 and the DHS Financial Management Guide available at www.dbs.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. Allowable costs are also subject to the approval of the State Administrative Agent for the State of North Carolina, the Secretary of the Department of Public Safety. 11. Taxes Subrecipient shall be considered to be an independent subrecipient and as such shall be responsible for all taxes. 12. 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 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 HSGP MOA 2019 5 of 13 DocuSign Envelope ID: 542FCBBE- 3746 -4BEB- 8268- 32BCED8A1E1E fficial Use Only not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 13. Audit Requirements For all DHS grant programs, Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. 14. State Property Subrecipient 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 Subrecipient unless noted in Section 8 of the MOA. 15. 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 Field Branch Staff. The Subrecipient point of contact shall be the HSGP 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: A. As of the date of disclosure and/or delivery, is already known to the party receiving such information. B. Is or becomes part of the public domain, through no fault of the receiving party. C. Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence. D. Is independently developed at the receiving party by someone not privy to the confidential information. 16. Public Records Access While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a case -by -case basis by the FEMA FOIA Office. This agreement may be subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes. 17. Subcontracting If Subrecipient subcontracts any or all purchases or services required under this Agreement, then Subrecipient agrees to include in the subcontract that the sub 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 HSGP NOFO announcement referenced herein. 18. Situs This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed in State Court in Wake County, North Carolina. HSGP MOA 2019 6 of 13 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E fficial Use Only 19. Antitrust Laws This Agreement is entered into in compliance with all State and Federal antitrust laws. 20. Other Provisions /Severability Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, Department of Public Safety, North Carolina Emergency Management, or the 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. 21. 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 HSGP NOFO announcement. 22. Entire Agreement This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written statements or agreements. 23. Modification This Agreement may be amended only by written amendments duly executed by the Recipient and the Subrecipient. 24. Certification of eligibility- -Under the Iran Divestment Act Pursuant to G.S. 147- 86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S, 147 - 86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147 -86.55 et seq.* requires that each vendor, prior to contacting with the State certifies, and the undersigned on behalf of the Vendor does hereby certify, to the following: A. That the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran B. That the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List C. That the undersigned is authorized by the Vendor to make this Certification The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address: https• / /www nctreasurer com/inside- the - department /OpenGovermnent/Pages /Iran- divestment- Act- resources.aux , and is updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please call (919) 814 -3852. 25. Termination The terms of this agreement, as modified with the consent of all parties, will remain in effect until February 28, 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 HSGP NOFO, incorporated by reference herein, the Subrecipient shall reimburse North Carolina Emergency Management for said property and /or expenses. 26. Scope of Work HSGP MOA 2019 7 of 13 DocuSign Envelope ID: 542FCBBE- 3746 -4BEB- 8268- 32BCED8A1E1E fficial Use Only Subrecipient shall implement the HSGP project summarized below and as described in the approved project application. That application is hereby incorporated by reference into this Agreement: A. Scope of Work Summary i. Completed appropriate report forms with invoices and proof(s) of payment ii. Audit findings and corrective action plans iii. Equipment inventory records with photo documentation of labeling B. Documentation to be provided throughout the Period of Performance of the grant: i. Quarterly project progress reports ii. Subrecipient involved legal action that pertains to Planning, Organization, Training, Exercise and Equipment purchased with HSGP iii. After- action report from exercise iv. Training course roster and description v. Any other documentation that would be pertinent vi. All legible and complete invoices and receipts detailing the expenses associated with the project. Receipts must contain the following information: • Name and address of the vendor or establishment providing the product or service. • Vendor/Payee invoice number, account number, and any other unique meaningful identifying number • Date the product or service was provided. • Itemized description of all products or services. • Unit price of products or services (if applicable). • Total amount charged. vii. Proof of payment of expenses associated with the project 27. Lobbying Prohibition The 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. 28. Assurance of Compliance with Title VI of the Civil Rights AM of 1964 - procurement During the performance of this contract, the subrecipient, for itself, its assignees and successors in interest (hereinafter referred to as the "subrecipient ") agrees as follows: HSGP MOA 2019 8 of 13 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E fficial Use Only A. Compliance with Regulations: The subrecipient 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 subrecipient, 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 subrecipients, including procurements of materials and leases of equipment. The subrecipient 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 subrecipient for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subrecipient or supplier shall be notified by the subrecipient of the subrecipients 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 subrecipient 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 subrecipient is in the exclusive possession of another who fails or refuses to furnish this information the subrecipient 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 subrecipients 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 subrecipient under the contract until the subrecipient complies. ii. Cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions:—The subrecipient 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 subrecipient becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the subrecipient may request the Recipient to enter into such litigation to protect the of the Recipient and, in addition the subrecipient 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 - regulations 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 Star. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to 2 CFR Sub Part F , Nondiscrimination in Federally- Assisted Programs of the DHS - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the 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 HSGP MOA 2019 9 of 13 DowSign Envelope ID: 542FCB8E- 3746 -4BEB -8268- 32BCED8A1E1E fficial Use Only all requirements imposed by, or pursuant to, the Regulations. B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: In accordance with Title VI of the Civil Rights Act of 1964, 78 Star. 252, 42 U.S.C. 2000d to 2000d4 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. hrsert 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. 30. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 — deeds, licenses, permits, leases 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: HSGP MOA 2019 10 of 13 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8At EtE fficial Use Only 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. 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. 31. 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 subrecipients, contractors, 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 Subrecipient, 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. 32. 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). HSGP MOA 2019 11 of 13 DowSign Envelope ID: 542FCBBE- 3746 -4BEB- 8266-32BCEDBAIElE fficial use Only 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 C. Require that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph A. . D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement. ii. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. E. Notifying the agency within ten days after receiving notice under subparagraph (D) (ii), from an employee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(ii), with respect to any employee who is convicted: i. Taking appropriate personnel action against such an employee, up to and including termination. ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state, local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). 33. Execution and Effective Date This grant shall become effective upon return of this original Grant Award and MOA, properly executed on behalf of the 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 September 1, 2019. 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, 2019 to February 28, 2022. HSGP MOA 2019 12 of 13 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E fficial 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, 2019 N.C. DEPARTMENT OF PUBLIC SAFETY NEW HANOVER COUNTY FIRE & RESCUE DIVISION OF EMERGENCY MANAGEMENT 230 GOVERNMENT CENTER DR, 1636 GOLD STAR DR WILMINGTON, NC 28403 - RALEIGH, NC 27607 Dxuftned by: DocuSigned by: B : Ik i at (. Q. Srra4n. BY: E—�29EB0071Er7EA434 !A C 1�- M aAwSPRAYBERRY, DIRECTOR NORTH CAROLINA EMERGENCY MANAGEMENT APPROVED AS TO PROCEDURES: DocuSigned by: DocuSigned by: B NAVAL S{' & BY: C D ��1 STON, CONTROLLER 741AAC4C4DDE460.. DEPARTMENT OF PUBLIC SAFETY DocuSigned by: B -0Ml P" IA iC ROoLK, 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 B5aDocuSigned by: 9- (' MLS I 3410OKS, SECRETARY DEPARTMENT OF PUBLIC SAFETY THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2019 HOMELAND SECURITY GRANT PROGRAM ONLY AND IS SUBJECT TO EXECUTION BY ERIK A. HOOKS, SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR OTHER MOUs/MOAs FOR THE HSGP FOR OTHER FISCAL YEARS. HSGP MOA 2019 13 of 13 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1 E7 E Attachment 1 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E SNorth Carolina Emergency Management Preparedness Grants Application (Single HSGP project only) Fiscal Year 2019 All fields are mandatory. Responses should be limited to the spaces allocated. If additional space is needed append the added text to this application. Clear, complete, and concise information is required for the review panel to make fair and equitable decisions. Grants selection Check all grants to he considered for this fiscal year. Grants left unchecked are forfeited. Grants ❑ Emergency Management Performance Grant (EMPG) New Hanover County Fire & Rescue • Hazardous Materials Emergency Preparedness (HMEP) Street address • Homeland Security Grant Program (HSGP) • North Carolina Tier II competitive Wilmington 21P +4 • 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 Fire & Rescue Street address 230 Government Center Dr, suite 130 City Wilmington 21P +4 28403 Email dhall @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 I Frank Meyer Are you authorized to apply for grants on behalf of the applying agency? Yes Field help Applying agency Street address, City, ZIP +4, Email EIN /Tax ID number DUNS number The name of the agency applying for the grant. The phone, street address (not PO Box), city, nine -digit zip code, and email of the applying agency. The unique nine -digit identification number of the agency. Your Financial personnel should be able to provide this number. The unique eight -digit identification number of the agency. Your financial personnel should be able to provide this number. DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E SAM registered Each applicant must be registered in the federal System for Award Management (SAM) annually in order to be eligible to receive EMPG monies. The URL is https: / /www.sam.gov /. Expiration date The expiration date of the SAM account. Is the agency applying as a See https://www.irs.gov/ charities - non - profits /charitable- nonprofit with 501(c)(3) status? organizations /exemption - requirements- section- 501c3- organizations. Your name The name of the individual completing this application. 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 Frank Meyer Agency New Hanover County Fire & Rescue Title Deputy Chief— Business Services Phone (work) 9107987025 1 Phone (mobile) I 9105321219 Street address 230 Government Center Dr, Suite 130 city Wilmington ZIP-4 28403 Email fmeyer@nhcgov.com Field help Name Agency Title Phone, Street address, City, ZIP +4, email EM program manager The name of the contact. The name of the agency of the contact. The title within the agency of the contact. The phone number, street address (not PO Box), city, nine -digit zip code, and email of the contact. EM program manager This is the local EM grants manager. Name Steven Still Email sstill @nhcgov.com Field help Name The name of the program manager. Email The email address of the program manager. DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E 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 or any specific grant. Name Donnie Hall Agency New Hanover County Fire & Rescue Title Chief Street address (not PO Box) 230 Government Center Dr, Suite 130 City Wilmington ZIP + 4 28403 Email dhall @nhcgov.com Name Click or tap here to enter text. Agency Click or tap here to enter text. Title Click or tap here to enter text. Street address (not PO box) Click or tap here to enter text. City Click or tap here to enter text. ZIP +4 Click or tap here to enter text. Email Click or tap here to enter text. Field help Name Agency Title Street address, City, ZIP + 4, email Projects The individual who signs the memorandum of agreement on behalf of the applicant. The agency name of the signatory. The title within the agency of the signatory. The street address (not PO Box), city, nine -digit zip code, and email of the signatory. DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCEDBAIEIE Enter requested project information for each grant checked under Grants selection HSGP Complete information for a single project Project information General information Enter information describing the project. Title Satellite Communications Description Mobile satellite communications system that will provide limited voice and data communications in the event of a loss in communications infrastructure during an CBRNE disaster Goal Provide transportable satellite communications Classification Local DPR DPR number (if Local DPR) 3 Is project deployable? Yes Is project shareable? Yes Does the project contribute to the development or operation of the fusion center? No Does this project support a previously awarded investment? No 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 Communications Secondary Infrastructure Systems Capabilities building Build (increase current capabilities) Project timeline milestones List the major project events and their completion dotes. Milestone Completion Date Apply for funding 1/2019 Present to SRC /SERCfor approval 4/2019 Project Funded 10/2019 Purchase project Click or tap to enter a date. Closeout Click or tap to enter a date. 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. Click or tap here to enter text. Click or tap to enter a date. Field help Budget Planning /Training/Exercise costs For each cost item select an activity area and then a description and the amount. Activity area Description Cost Choose an item. Click or tap here to enter text. Enter cost. Choose an item. Click or tap here to enter text. Enter cost. Choose an item. Click or tap here to enter text. Enter cost. Choose an item. Click or tap here to enter text. Enter cost. Choose an item. Click or tap here to enter text. Enter cost. DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1ElE Choose an item. Click or tap hereto enter text. Enter cost. Choose an item. Click or tap here to enter text. Enter cost. Choose an item. Click or tap here to enter text. Enter cost. Choose an item. Click or tap here to enter text. Enter cost. Choose an item. Click or tap here to enter text. Enter cost. Equipment costs Enter equipment items and their costs into the table and then enter the total of the costs in'the field below. Description - AEL# Quantity Item cost Extended cost Tax Shipping/ handling Total cost Mobile Satellite Communications Platform 06CC -04- EQSD 1 $46,145. $46,145.00 Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Click or tap here to enter text. Enter cost. Funding summary For each activity area enter the amount funded and any funds allocated far Law Enforcement Terrorism Prevention (LETP). Activity area Funding amount Funds dedicated to LETP Planning Enter amount. Enter amount. Equipment $46,145.00 Enter amount. Training Enter amount. Enter amount. Exercise Enter amount. Enter amount. Total funding $46,145.00 Enter total. Field help Activity area A selection of either Planning, Training, or Exercise. Reimbursement for equipment requires purchase pre - approval from NCEM Grants Branch. Description A description of the cost item. Cost The cost of the item. AEL # Equipment must be AEL - listed (https: / /www.fema.gov /authorized - equipment- list). DocuSign Envelope ID: 542FCB8E- 3746.4BEB- 8268- 32BCED8A1E1E Funding amount Grant amount applied to the cost item. Funds dedicated to LETP Funding amount spent on Law Enforcement Terrorism Prevention (LETP). Total funding Funding totals. 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. Z 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 Add any information not accommodated by the application form here. HSGP Project N 1 Project information _Enter additional project information in the space below. Equipment is designed to be transported to any area without data and voice communication infrastructure. DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1 El Attachment 2 DocuSign Envelope ID: 542FCB8E-3746-4BEB-8268-32BCED8A1 El E Quarterly Progress Report FY 2019 HSGP Subrecipient: New Hanover County Fire & Rescue MOA #: 1934 Grant award amount: $ 46,145.00 Select a quarter and complete the funds- expended blanks, activities status, and submission information. Return the completed form to your grants manager. Quarter ❑ October — December (due January 15) ❑ January — March (due April 15) ❑ April — June (due July 15) ❑ July — September (due October 15) Funds expended prior quarters Click or tap here to enter text. Click or tap here to enter tent. Funds expended this quarter Activities Metric Current Status Dates, current status. For examples, list identified Equipment needs, items in vendor negotiation, purchased, placed in service, etc. Dates, current status. For examples, list identified Planning needs, updates or revisions made to plans, or those to be made. Dates, status of training. For example, list identified Training needs, training planned, in progress, or conducted. Attach agenda and roster. Dates, status of exercise. For example, list identified Exercise needs, exercise(s) planned, in progress, or conducted. Attach after action report. Submitted by Click or tap here to enter text. Click or tap here to enter text. Date DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1 El Attachment 3 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8AtE1E 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 N, as published by FEMA's National Integration Center (NIC( IN 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 Y 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 ISURGRANFEE: GRANT* PROTECT: Carolina County 2013-SS S- 00033 - 501 -13xx Generators &Generator Switches NIMS Typed Dlxlpline State /LOUT Typetl g of Personnel p of T Equipment or or State /Local NIMS Typed Resource NIMS Typed Equipment YPed 3urtaln Current R— .— Supported Trained for Teams 1c. Pabllity /Adtl New Corc [apabiliry Supported Cost of Purchase Comments Training Discipline /Community Supported TYPea pf appllublel Purchased Typed Tasms Trained Capability nt interest supported Type II to a Type I HazMat CPC Health and Safety W MD Liquid Splash- Environmental Res Entry Team by fullfiling the Protective Equipment Fire /Hazmat HazMat Entry Team N/A N/A N/A Add New Response $ 90,000.00 PPE requirements for a Type / team. This investment completes the upgrade of this (/ team. This in Training sustaed policy warenes \ s for a State and two a Regional Ilvi This training Training Incident Management Incident RI N/A N/A Q � Sustain Current Operational Coordination $ 150,000.00 maintains emergency staff Management Teem l awareness that would have otherwise been out-of-date of t `. within 3 months of the training. The ALS Rescue goat meets State typing for Water State / Local Other State / Ambulance. This a ui Equipment Public Heath and q pment Medical (Provide in tool We AIS Matw goat 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 It N/A N/A 63 23 Sustain Current Operations $ 75,000.00 training sustained current levels of staffing in anticipation of current staff retiring. DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1ElE 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 State /Local Discipline /Community of 1 interest Sup orted NIMS Typed Resource Supported NIMS Type # State /Local Typed Resource Supported (if applicable) Typed Equipment Purchased # of Personnel Trained for typed Teams # of Typed Teams Trained Sustain Current Capability /Add New Capability Core Capability Supported Cost of Purchase Comments DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1 El Attachment 4 DocuSign Envelope ID: 542FCBSE- 3746 -4BEB- 8268- 32BCED8A1E1E 2019 DHS Standard Terms and Conditions 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 Proarams. 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 CiviiRightsEvaluation Ohg.dhs.00v. 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 htti)s://www.dhs.gov/publication/dhs-civil-rights- evaluation -tool. DHS Standard Terms and Conditions Version 9.1 1 April 17, 2019 DocuSign Envelope 10: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E 2019 DHS Standard Terms and Conditions 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. Ill. 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, S 6101 at sea.), 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, Il, and Ill of the Americans with Disabilities Act, Pub. L. No. 101 -336 (1990) (codified as amended at 42 U.S.C. M 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 (Pill Recipients who collect Pit are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the Pit 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 1984 – 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 of seg.), 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. WI. 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. 6 3601 at sea.), 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.) DHS Standard Terms and Conditions Version 9.1 2 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E 2019 DHS Standard Terms and Conditions VIII. Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. &S 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. Drua -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. 6S 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. Al. Education Amendments of 1972 (Equal OvDortunity 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 at seal, 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. 6 6201 at sea.), 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. &6 3729- 3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. 46 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.) DHS Standard Terms and Conditions Version 9.1 3 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3748 -4BEB- 8288- 32BCEDBAI El 2019 DHS Standard Terms and Conditions XVI. Federal Leadership on Reducing Text Messaning 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. Flv America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 42 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. 4 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. 6 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. 6 2225.) XIX. Limited English Proficiency 1Civil Rights Act of 1964. Tltie VI) Recipients must comply with Title V of the Civil Rights Act of 1964, (42 U.S.C. & 2000d et se 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: hftr)s: / /www.dhs.gov /quidance- published- help- deoartment- 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. 6 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. 4 4321 et seg.(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 ofAmericans. 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 DHS Standard Terms and Conditions Version 9.1 4 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1 El 2019 DHS Standard Terms and Conditions 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. S 200 et sea, 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 Soli 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. XXW1. 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. 6 794,) 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. XXMIL 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, S 872, as amended 41 U.S.C. 6 2313. As required by Pub. L. No. 111 -212. 6 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. DHS Standard Terms and Conditions Version 9.1 5 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCEDBA1 E1 E 2019 DHS Standard Terms and Conditions 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. DHS Standard Terms and Conditions Version 9.1 6 April 17, 2019 DocuSign Envelope ID: 542FCBBE- 3746 -4BEB- 8268- 32BCED8A1 El 2019 DHS Standard Terms and Conditions 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 ofcurrently active grants, cooperative agreements, and procurement contracts includes - 1) Only the federal share of the funding under any federal award with a recipient cost shareor match; and 2) The value of all expected funding increments under a federal award and options, even if not yet exercised. XXIX. Reoortina 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 DHS Standard Terms and Conditions Version 9.1 7 April 17, 2019 DomSign Envelope ID: 542FCB8E- 3748 -4BEB- 8268- 32BCED8AtE1E 2019 DHS Standard Terms and Conditions 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.lA vww .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: /twww.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 htip:// 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. DHS Standard Terms and Conditions Version 9.1 8 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E 2019 DHS Standard Terms and Conditions S. 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 anyportion 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. DHS Standard Terms and Conditions Version 9.1 9 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E 2019 DHS Standard Terms and Conditions 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 penally, 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 DHS Standard Terms and Conditions Version 9.1 10 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3746 -46EB- 8288- 32BCED8A1E1E 2019 DHS Standard Terms and Conditions 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 awardterm. b. It is DHS's right to terminate unilaterally that is described in paragraph 1.1b or 2 of this section: 1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(8)), 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) DHS Standard Terms and Conditions Version 9.1 11 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8AtE1E 2019 DHS Standard Terms and Conditions 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 propertyand 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. DHS Standard Terms and Conditions Version 9.1 12 April 17 , 2019 DocuSign Envelope ID: 542FCB8E-3746-4BEB-8268-32BCED8A1 El E 2019 DHS Standard Terms and Conditions 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 Toots 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. Low 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.0 6 2409, 41 U.S.C. � 4712, and 10 U.S.C. ? 2324, 41 U.S.C. §.§14304 and 4310. DHS Standard Terms and Conditions Version 9.1 13 April 17, 2019 DocuSign Envelope ID: 542FCB8E- 3746 -4BEB- 8268- 32BCED8A1E1E Attachment 5 DocuSign Envelope ID: 542FCB8E-3746-4BEB-8268-32BCED8A1 El E 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 — Grants Branch Staff for site visits, project closeout and future audits. Sub - grantee or sub - recipient must include appropriate documentation in the file, including but not limited to the following documents: ❑ Grant Award and Memorandum of Agreement/ Memorandum of Understanding and Supporting Appendices ❑ Completed appropriate cost report forms with invoices and proof(s) of payment ❑ Audit Findings and Corrective Action Plans ❑ Equipment Inventory records with photo documentation of labeling Non - Federal entities are required to maintain and retain the following: ❑ Backup documentation, such as bids and quotes. ❑ Cost/price analyses on file for review by Federal personnel, if applicable. ❑ Other documents required by Federal regulations applicable at the time a grant is awarded to a recipient. FEMA requires that non - Federal entities maintain the following documentation for federally funded purchases: ❑ Specifications ❑ Solicitations ❑ Competitive quotes or proposals ❑ Basis for selection decisions ❑ Purchase orders ❑ Contracts ❑ Invoices ❑ Cancelled checks Non - Federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of purchasing documentation along with copies of cancelled checks for verification. Non - Federal entities who fail to fully document all purchases will find their expenditures questioned and subsequently disallowed.