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FY21 AWARD CONTRACT EMPG
DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E WMWPPA- North Carolina Department of Public Safety 93Emergency Management Roy Cooper, Governor Erik A. Hooks, Secretary Michael A. Sprayberry, Executive Director Emergency Management Performance Grant Program (EMPG) Fiscal Year 2020 AL #: 97.042 Grant#: EMA-2020-EP-00009 SUBAWARD NOTIFICATION Teresa Smith Period of Performance: October 1, 2019 to September 30, 2022 New Hanover County Project Title: EMPG Project 230 Government Center Drive Total Amount of Award: $62,500.00 Wilmington, NC 28403- MOA #: 2020064 North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2020 Emergency Management Performance Grant Program (EMPG) has been approved for funding. In accordance with the provisions of FY 2020 EMPG award, NCEM hereby awards to the foregoing subrecipient a grant in the amount shown above. Payment of funds: The grant shall be effective upon final approval by NCEM of the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement. Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.). Conditions: The subrecipient shall understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. Subrecipient shall also certify the understanding and agreement to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the 2 CFR 200 and all applicable laws governing these funds and all other federal, state and local laws; that all information is correct; that there has been 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 projects involving construction or the installation of equipment: Prior to funds being expended from this award the subrecipient must complete and submit an Environmental Planning and Historical Preservation form to NCEM for approval. On receipt of the approval letter from NCEM the subrecipient may begin to expend grant funds. Supplanting: The subrecipients confirm that sub -grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, the subrecipient will certify that the receipt of federal funds through NCEM shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. GRANT AWARD NOTICE: THIS AWARD IS SUBJECT TO THE GRANT SPECIAL CONDITIONS AND FINAL APPROVAL BY THE DEPARTMENT OF PUBLIC SAFETY, NORTH CAROLINA EMERGENCY MANAGEMENT GRANT PROGRAM BUDGET AND NARRATIVE MAILING ADDRESS 4236 Mail Service Center Raleigh NC 27699-4236 www.readync.org www.ncdps.gov An Equal Opportunity employer OFFICE LOCATION 1636 Gold Star Drive Raleigh, NC 27607-3371 Telephone: (919) 825-2500 Fax: (919) 825-2685 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only Subrecipients must meet all reimbursement requirements contained herein. Non-compliance may result in denial of reimbursement request(s) or revocation of equipment and/or grant funds awarded for this project. 4. Funding Eligibility Criteria Federal funds administered through the State are available to local governments to assist in the cost of developing and maintaining a comprehensive all -hazards emergency preparedness program. Continued EMPG funding is contingent upon completion of all EMPG funding requirements. The following eligibility criteria must be adhered to during the Grant Program: A. Every participant must: • Be established as a State, Local, or Non -Profit agency by appropriate resolution/ordinance. • Complete any procurement(s) and expenditures no later than September 30, 2022. • Provide quarterly progress reports into WebEOC for NCEM Grants Managers, Training and Exercise Officer(s), and Field Branch Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15th, April 15', July 15t' and October 15th • Match Requirement: FY 2020 EMPG funding to locals requires a match requirement of 50% Local (Subrecipient). Every federal dollar received requires the Subrecipient to match dollar for dollar. There are two forms of matching sources, cash match and in-kind match. Cash match includes cash spent for project - related costs, e.g. salaries of emergency management positions. In-kind match includes, but is not limited to, the valuation of in-kind services. "In-kind" is the value of something received or provided that does not have a cost associated with it. For example, if in-kind match is permitted by law, then the value of donated services could be used to comply with the match requirement. The match funding source for EMPG cannot be matched to any other federal grants. The Subrecipient will identify to the Recipient the match source on their application for EMPG funds. Recipients of EMPG funding can review the FY 2020 EMPG program Notice Of Funding Opportunity(NOFO), section D, Funding Restrictions for additional guidance. The program guidance is available at http://www.fema.gov/government/grant/index.shtm or http://www.fema.gov/government/grant/empg/. Contact your NC Emergency Management Area Coordinator for assistance. • The county must have a full-time or part-time (at least 50%) Emergency Management Program Director. B. File Retention: Subrecipient is required to maintain records and (invoices) of this grant for three years after termination of the grant, or audit if required, or longer where required by law, as 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 EMPG grant award. The files must be available for review by North Carolina Emergency Management staff for site visits, project closeout and future audits. However, if a litigation, claim or audit has been initiated prior to the expiration of the three-year period and extends beyond the five-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The following files must be available for review by North Carolina Emergency Management staff for site visits, project closeout and future audits: • SubrecipientResolution/ordinance establishing Subrecipient a State, Local, or Non -Profit agency • Grant award and memorandum of agreement/memorandum of understanding and supporting appendices • Completed appropriate report forms with specifications, solicitations, competitive bids, quotes or proposals, basis for selection decisions, purchase orders, contracts, invoices and proof(s) of payment, all expenditure backup documentation, cost/price analyses on file for review by Federal and State personnel, if applicable. • Other documents required by Federal regulations applicable at the time a grant is awarded. o Non -Federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of purchasing documentation along with copies of cancelled checks for verification. Non -Federal entities who fail to fully document all purchases will find their expenditures questioned and subsequently disallowed. EMPG MOA 2020 2 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only • Audit findings and corrective action plans • Equipment inventory records with photo documentation of required inventory labeling C. The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations. 5. Conditions The Subrecipient certifies that it understands and agrees that funds will only be expended for those projects outlined in the funding amounts as individually listed in the FY 2020 EMPG Application Packet, incorporated by reference herein. The Recipient certifies that it understands and agrees to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the applicable laws, rules and policies governing these funds; that all information is correct; that there has been appropriate coordination with affected agencies; that it is duly authorized to commit the Subrecipient to these requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by the Subrecipient; and that all agencies involved with this project understand that all Federal funds are limited to the Federal period of performance. 6. Supplantation Subrecipients are required to provide assurance that grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for EMPG activities. 7. Compliance Subrecipient shall comply with the applicable statutes, ordinances, regulations, licensing requirements, policies, guidelines and requirements, reporting requirements and certifications and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of Federal requirements and State and local agencies having appropriate jurisdiction and found in the applicable FY 2020 EMPG NOFO announcement. Subrecipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Failure to comply with the specified conditions of this MOA will result in the return of funds and/or items to North Carolina Emergency Management. 8. Responsibilities Recipient: A. The Recipient shall provide funding to the Subrecipient to perform the work activities as described herein. B. The Recipient shall conduct a review of the project to ensure that it is in accordance with EMPG requirements. C. The Federal award date is October 1, 2019. Funds allocated for the performance of the work activities must be encumbered, work completed, and invoices received by the North Carolina Department of Public Safety and North Carolina Emergency Management by September 30, 2022. D. The Recipient shall directly monitor the completion of this project. Subrecipient: A. The Subrecipient shall expend FY 2020 EMPG Grant Program funds in accordance with the applicable DHS and EMPG NOFO announcement, the Grant Application Package, and the Grant Award and Special Conditions documents, incorporated by reference herein, of this MOA for the performance of the work activities. B. The Subrecipient shall utilize State of North Carolina and/or local procurement policies and procedures for the expenditure of funds, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 44 Code of Federal Regulations (CFR) 2 CFR Part 200. Subrecipient must follow procurement procedures and policies as outlined in the applicable DHS and EMPG NOFO announcement and the DHS Financial Management Guide. Subrecipient shall comply with all applicable laws, regulations and program guidance. Subrecipient must comply with the most recent version of the funding administrative requirements, cost principles, and audit requirements. Administrative and procurement practices must conform to applicable Federal requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below, codified in the following guidance: 2 CFR 215; 2 CFR Parts 225, 220, and 230; 15 CFR Part 24; Federal Acquisition Regulations (FAR), Part 31.2; and 2 CFR 200 Sub -part F and 44 CFR Part 14; 28 CFR Part 23 "Criminal 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 EMPG MOA 2020 3 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20 U.S.C. 6101 et. seq.; Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205; FEMA Grant Programs Directorate, Grants Management Division, Match Guidance; Certifications and Assurances regarding Lobbying 31 U.S.C. 1352, Drug -Free Workplace Act, as amended, 41 U.S.C. 701 et. seq. and Certification Regarding Drug -Free Workplace Requirements, Debarment and Suspension Executive Orders 12549 and 12689 and 44 CFR Part 17 and Certification Regarding Debarment, Suspension and Other Responsibility Matters; Assurances as listed in SF 424B and SF 424D, 28 CFR Parts 66, 67, 69, 70 and 83; 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316; and Grant Award and Special Conditions documents. C. Complete all Universal and six or more Optional work activities as identified in the FY 2020 EMPG Local Activity Directory which is a part of the FY 2020 EMPG application packet, incorporated by reference herein. D. Comply with the applicable Federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable FY 2020 EMPG NOFO announcement and Grant Award and Special Conditions documents. E. Complete the procurement(s) process not later than September 30, 2022. F. Submit invoice(s), proof -of -payment, titles, licenses, registrations, and/or any documents pertaining to purchased equipment to NCEM Grants Management Branch. G. Provide a list at project completion phase to the area coordinator and/or Branch Manager of all items purchased through the grant. H. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable EMPG NOFO announcement, Grant Award and Special Conditions documents. Comply with current Federal laws, suspension and debarment regulations pursuant to 2 CFR 200 Sub -part F and OMB which states in pertinent part that "effective November 26, 2003, when a non -Federal entity enters into a covered transaction with an entity at a lower tier, the non -Federal entity must verify that the entity is not suspended or debarred or otherwise excluded. Subrecipient shall be responsible to ensure that it has checked the Federal System for Awards Management (SAM) https://www.sam.gov/portal/public/SAM/ and the State Debarred Vendors Listing, htip://www.pandc.nc.gov/actions.asp to verify that contractors or subrecipients have not been suspended or debarred from doing business with the Federal government". J. Ensure that EMPG funds are not used to support the hiring of any personnel for the purposes of law enforcement duties or to supplant traditional public safety positions and responsibilities. K. Non -supplanting Requirement. Federal grant funds shall be used to supplement existing funds, and shall not replace (supplant) funds that have been appropriated for the same purpose. L. All materials publicizing or resulting from award activities shall contain this acknowledgement: "This project was supported by a Federal award from the US Department of Homeland Security, North Carolina Department of Public Safety, North Carolina Emergency Management." . Use of the Federal program logo must be approved by DHS. Printed as a legend, either below or beside the logo shall be the words "Funded by US Department of Homeland Security". M. 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. EMPG MOA 2020 4 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only ii. Subrecipient must ensure a control system exists to ensure adequate safeguards to prevent loss, damage or theft. Subrecipient shall be responsible for replacing or repairing equipment which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage or theft of the property must be investigated and fully documented, and made part of the official project records. iii. Subrecipient or equipment owner must ensure adequate maintenance procedures exist to keep the equipment in good condition. iv. Disposition Procedures. Subrecipient may dispose of the equipment when the original or replacement equipment acquired under the grant award is no longer needed for the original project or program. Items with a fair market value of less than $5,000 may be retained, transferred or otherwise disposed of with prior approval of Recipient and in accordance with disposition requirements in 2 CFR Part 200. Items with a current per unit standard federal or fair market value in excess of $5,000 may be retained, transferred or otherwise disposed of with prior Recipient approval in accordance with disposition requirements in 2 CFR Part 200. Subrecipient must provide documentation that includes the method used to determine current fair market value. v. Only allowable equipment listed in the Authorized Equipment List (AEL) for EMPG are eligible for purchases from this grant. For more guidance visit www.fema.gov. O. No indirect or administrative costs will be charged to this allocation award. P. Subrecipient must utilize equipment as intended in their project application to NCEM. Any variation from this intended use must be requested in writing and approved by NCEM. Failure to adhere to this policy might result in revocation of funds allocated for the purchase of said equipment. S. Subrecipient must have a DUNS number, prior to any funds being released. DUNS numbers may be obtained from either of the following web links: www.dnb.com or hitp:Hfedgov.dnb.com/webform. T. Each subrecipient shall ensure their organization is registered with the System for Award Management (SAM). It is required for all applicants name, address, DUNS number and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all FEMA awards. SAM information can be found at hiip://www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore it is imperative that the information is correct. U. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, exercise or work activities beyond that identified in this MOA shall be the sole responsibility of Subrecipient, and shall not be reimbursed under this MOA. 9. Funding All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the DHS and NCEM for the purpose set forth, and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the applicable DHS Program Guidelines, which include, but may not be limited to, the FY 2020 EMPG NOFO announcement, available at: www.fema.gov. 2 CFR Parts 200 Sub -part F, 215, 220, 225, and 230, Federal Acquisition Regulations (FAR) Part 31.2, OMB Circulars A-21 and the DHS Financial Management Guide available at www.dhs.gov. Allowable costs are also subject to the approval of the State Administrative Agent for the State of North Carolina, the Secretary of the Department of Public Safety. 10. Taxes Subrecipient shall be considered to be an independent subrecipient and as such shall be responsible for ALL taxes. There shall be no reimbursement for taxes incurred by the subrecipient under this grant. 11. Warranty As an independent subrecipient, the Subrecipient will hold the Recipient harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North 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 EMPG MOA 2020 5 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E 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. 12. Audit Requirements For all DHS grant programs, Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. subrecipient that receives a combined $500,000 or more in North Carolina state funding or federal funding passed through a state agency must within 9 months of the subrecipient's fiscal year end submit to DPS Internal Audit (AuditGrantsReport@ncdps.gov) a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards. A subrecipient that receives a combined $750,000 or more in funding from all federal funding sources, even those passed through a state agency, must within 9 months of the subrecipient's fiscal year end: A. Post the single audit to the Federal Audit Clearinghouse (https://harvester.census.gov/facweb/). B. Submit to DPS Internal Audit (AuditGrantsReport@ncdps.gov) a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards (https://www.gao.gov/vellowbook). C. Make copies of the single audit available to the public. 13. State Property Subrecipient shall be responsible for the custody and care of any property purchased with EMPG funds furnished for use in connection with the performance of this Agreement and shall reimburse the Recipient for any loss or damage to said property until the property is disposed of in accordance with EMPG Program requirements. Recipient will not be held responsible for any property purchased under this MOU/MOA. Title to the property purchased with EMPG funds shall be in the Subrecipient unless noted in section 8 of the MOA. 14. Points of Contact To provide consistent and effective communication between Subrecipient and the North Carolina Department of Public Safety, North Carolina Emergency Management, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The North Carolina Department of Public Safety, North Carolina Emergency Management contact shall be, Assistant Director - Administration, the NCEM Grants Management Branch Staff, and the NCEM Area Coordinator Staff. The Subrecipient point of contact shall be the EMPG Program Manager or the person designated by the Subrecipient. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses contemplated by the terms of this MOA. Any information to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's confidential information without written authorization to do so from the other party. Specifically excluded from such confidential treatment shall be information that: • As of the date of disclosure and/or delivery, is already known to the party receiving such information. • Is or becomes part of the public domain, through no fault of the receiving party. • Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence. • Is independently developed at the receiving party by someone not privy to the confidential information. 15. Public Records Access While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a case-by-case basis by the FEMA FOIA Office. This agreement may be subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes. 16. Subcontracting If Subrecipient subcontracts any or all purchases or services required under this Agreement, then Subrecipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Subrecipient EMPG MOA 2020 6 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only and any subcontractor agree to include in the subcontract that the subcontractor shall hold Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Subrecipient subcontracts any or all purchases or services required under this MOA, a copy of the executed subcontract Agreement must be forwarded to Recipient. A contractual arrangement shall in no way relieve Subrecipient of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and Federal requirements. Subrecipient is bound by all special conditions of this grant award as set out in the Grant Application Package and the Grant Award and Special Conditions documents, incorporated by reference herein, as well as all terms, conditions and restrictions of the applicable EMPG NOFO announcement referenced herein. 17. Situs This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed in State Court in Wake County, North Carolina. 18. Antitrust Laws This Agreement is entered into in compliance with all State and Federal antitrust laws. 19. Other Provisions/Severability Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, Department of Public Safety, North Carolina Emergency Management, or the Subrecipient. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 20. Compliance with the law Subrecipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Subrecipient shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of Federal requirements and State and local agencies having appropriate jurisdiction and found in the FY 2020 EMPG NOFO announcement. 21. Entire Agreement This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written statements or agreements. 22. Modification This Agreement may be amended only by written amendments duly executed by the Recipient and the Subrecipient. 23. Prohibitions on expending FEMA award funds for covered telecommunications equipment or services Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to: 1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system 2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system 3. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system Replacement Equipment and Services FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition. Recipients and subrecipients should refer to applicable program guidance or contact the applicable program office to determine if replacement equipment or services is eligible under that program. Definitions Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services means: EMPG MOA 2020 7 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) 2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) 3. Telecommunications or video surveillance services provided by such entities or using such equipment 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. 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/office-state-treasurer/divestment-and-do-not-contract-rules , 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 September 30, 2022. Either party upon thirty days advance written notice to the other party may terminate this agreement. Upon approval by DHS, FEMA and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension will be the date listed in the applicable DHS, FEMA Grant Adjustment Notice, incorporated by reference herein. If DHS suspends or terminates funding in accordance with 2 CFR 200 and the 2020 EMPG NOFO, incorporated by reference herein, the Subrecipient shall reimburse North Carolina Emergency Management for said property and/or expenses. 26. Scope of Work The Subrecipient shall implement the EMPG Grant project summarized below and as described in the approved FY 2020 EMPG application. That Application is hereby incorporated by reference into this Agreement. The Recipient shall certify eligible costs according to the following expenditures: A. Scope of Work Summary Please see Attachment 1 for a detailed Scope of Work description. B. Reports to be provided at the conclusion of work (if applicable): i. Quarterly project progress reports ii. Subrecipient involved legal action that pertains to Planning, Organization, Training, Exercise and Equipment purchased with EMPG iii. After -action report from Trainings or Exercises iv. Training course roster and description v. Any other documentation that would be pertinent EMPG MOA 2020 8 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only vi. Any invoices detailing the 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 Act of 1964 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: A. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -Assisted Programs of the 2 CFR. 200 and North Carolina regulation as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. D. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as my be determined by the Recipient or the Research and Special Programs Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Recipient or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain such information. EMPG MOA 2020 9 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only E. Sanctions for Noncompliance: In the event of the contractors noncompliance with nondiscrimination provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: i. Withholding of payments to the contractor under the contract until the contractor complies. ii. Cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions: The contractor shall include the provisions of every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contract shall take such action with respect to any subcontract or procurements as the Recipient or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provide, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the of the Recipient and, in addition the contractor may request the United 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 Subrecipient hereby agrees that as a condition to receiving any Federal financial assistance from the DHS it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to 2 CFR Sub Part F , Nondiscrimination in Federally -Assisted Programs of the DHS - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the Subrecipient receives Federal financial assistance from the DHS, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Subrecipient hereby gives the following specific assurance with respect to the project: A. Agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to ("facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: In accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and 2 CFR Sub Part F issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority, business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. C. Insert the clauses of this agreement in every contract subject to the Act and the Regulations. D. This assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. E. Provide for such methods of administration for the program as are found by the Secretary of DHS or the official to whom he delegates specific authority to give reasonable guarantee that is, other recipients, Subrecipients, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. EMPG MOA 2020 10 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only 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 The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by Subrecipient executed in expending these grant funds: A. The [Subrecipient, licensee, lessee, permittee, etc., as appropriate] for itself, herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a DHS program or activity is extended or for another purpose involving the provision of similar services or benefits, the Subrecipient [licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 2 CFR Sub Part F and as said Regulations may be amended. B. That in the event of breach of the above nondiscrimination covenants, Subrecipient shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. C. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to re-enter said lands and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of Subrecipient and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by Subrecipient: A. The [Subrecipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases add "as a covenant running with the land"] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [Subrecipient, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant 2 CFR Sub Part F Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 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, EMPG MOA 2020 11 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only when performance under the program involves the design, development, or operation of any system or records on individuals to be operated by the Subrecipient, its third -party contractors, subcontractors, or their employees to accomplish a DHS function. B. To notify DHS when the Subrecipient or any of its third -party contractors, subcontractors, subrecipients, or their employees anticipate a system of records on behalf of DHS in order to implement the program, if such system contains information about individuals name or other identifier assigned to the individual. A system of records subject to the Act may not be used in the performance of this Agreement until the necessary and applicable approval and publication requirements have been met. C. To include in every solicitation and in every third -party contract, sub -grant, and when the performance of work, under that proposed third -party contract, sub grant, or sub agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third -party contract, sub grant, or to accomplish a DHS function, a Privacy Act notification informing the third party contractor, or sub Recipient, that it will be required to design, develop, or operate a system of records on individuals to accomplish a DHS function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable DHS regulations, and that a violation of the Act may involve the imposition of criminal penalties; and D. To include the text of Sections 30 part A through C in all third party contracts, and sub grants under which work for this Agreement is performed or which is award pursuant to this Agreement or which may involve the design, development, or operation of a system of records on behalf of the DHS. 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). 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. EMPG MOA 2020 12 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E fficial Use Only 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 October 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 October 1, 2019 to September 30, 2022 EMPG MOA 2020 13 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E 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 October 1, 2019. NC DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT 1636 GOLD STAR DR RALEIGH, NC 27607 DocuSigned by: M.i�,at,l, Q. Spr°`a1loc,v�''1 BY: MICHAEL A. SPRAYBERRY, EXECUTIVE DIRECTOR & DEPUTY HOMELAND SECURITY ADVISOR NC EMERGENCY MANAGEMENT/ NC OFFICE OF RECOVERY & RESILIENCY APPROVED AS TO PROCEDURES: DocuSigned by: .��.a, BY: TARA WILLIAMS-BROWN, CONTROLLER DEPARTMENT OF PUBLIC SAFETY DocuSigned by:: I wlu,lA.wt �0� BY: WILLIAM POLK, DEPUTY GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF PUBLIC SAFETY, BY WILLIAM POLK, DPS DEPUTY GENERAL COUNSEL, TO FULFILL THE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS DocuSigned by: 9. Nks BY: _ ------- - ERIK A. HOOKS, SECRETARY DEPARTMENT OF PUBLIC SAFETY NEW HANOVER COUNTY 230 GOVERNMENT CENTER DRIVE WILMINGTON, NC 28403 - DocuSigned by: �j� BY:_zs ena7aezFa DocuSigned by: S SW BY: AF7C2377Q9C74R3 DocuSigned by: 741AAC4C4DDE460._. THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2020 EMERGENCY MANAGEMENT PREPAREDNESS GRANT PROGRAM AND IS SUBJECT TO EXECUTION BY ERIK A. HOOKS, SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. THIS MOUIMOA SHOULD NOT BE USED FOR OTHER MOUs/MOAs FOR THE EMPG FOR OTHER FISCAL YEARS. EMPG MOA 2020 14 of 14 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E STATE OF NORTH CAROLINA &§ DEPARTMENT OF PUBLIC SAFETY North Carolina Emergency Management Physical Address: 4105 Reedy Creek Road, Raleigh, NC 27607 Emergency Management Performance Grant Program Fiscal Year 2020 COST REPORT 1 Sub -recipient: New Hanover County Address: 230 Government Center Drive Optional amount Wilmington, NC 28403 - Federal ID #: 56-6000324 DUNS #: 040029563 Branch: Eastern Account #: 1901-1500-8016-3HD0 Grant period: October 1, 2019 - September 30, 2022 Grant file #: EMPG-2020-2020064 Funding worksheet EMPG initial amount Universal (Base) amount Optional amount SATCOM deductions Balance to be paid Federal/State $62,500.00 $62,500.00 TBD TBD $0.00 Local match $62,500.00 $62,500.00 TBD TBD $0.00 Total $125,000.00 $125,000.00 TBD TBD $0.00 This is the first of two cost reports. This initial cost report reflects the Universal (Base) amount that your county is eligible to receive provided all Universal activities are completed, and documentation is approved by the State before the designated deadline. This cost report requires appropriate signatures and return to the state for payment of eligible EMPG work activities completed to date. The second cost report will reflect completed and approved Optional work activity amounts by your emergency management program. SATCOM deductions and a Balance to be paid will also be reflected in Cost Report 2 to give you a total 2020 EMPG Final Amount award for your county. Please note that failure to complete any Universal activity will result in a 12.5% penalty per activity to be assessed against your 2021 EMPG funds. Certification: certify that the above are correct based on grantee's official accounting system and records, consistently applied and maintained, and that expenditures shown have been made for the purpose of and in accordance with, applicable grant ��terms and conditions, and that appropriate documentation to support these costs and expenditures is available PDocuSignedbdy`. Finance Officer Authorized Signature Authorized Signature Management Director's Approval Signature Public Safety Controller's Office Approval 10/9/2020 1 09:38:32 EDT i"/2020 1 08:59:38 EDT Date 10/9/2020 07:08:08 EDT W 9/2020 13:32:06 EDT Date a) Q 0 c W c U) U O 0 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E North Carolina Emergency Management Preparedness Grants Application Fiscal Year 2020 All fields are mandatory. Responses should be limited to the spaces allocated. Clear, complete, and concise information is required for the review panel to make fair and equitable decisions. Grants selection Select answer "Yes" or "No"for each grant. Are you applying for: - Emergency Management Performance Grant (EMPG)? Yes - Hazardous Materials Emergency Preparedness (HMEP)? Yes - North Carolina Tier II Competitive? Yes - North Carolina Tier II Noncompetitive? Yes Contacts Enter requested information for all contacts listed below. Applicant Applicant This is the agency applying for grants. Name Applying agency New Hanover County Emergency Management New Hanover County Emergency Management Street address 230 Government Center Drive, Suite 115 Phone (work) City Wilmington ZIP + 4 28403 Email tersmith@nhcgov.com Email EIN/Tax ID number 56-6000324 DUNS number 040029563 SAM registered Yes Expiration date 12/1/2020 Is the agency applying as a nonprofit with 501(c)(3) status? No Your name I Teresa Smith Are you authorized to apply for grants on behalf of the applying agency? Yes Field help Grants point of contact Grants point of contact This is the focal point for any ongoing communications regarding the grants. There is an opportunity to override this contact for any specific grant. Name Teresa Smith Agency New Hanover County Emergency Management Title Emergency Management Technician Phone (work) 910-798-6906 1 Phone (mobile) 910-409-9130 Street address 230 Government Center Drive, Suite 115 City Wilmington I ZIP + 4 28403 Email tersmith@nhcgov.com Field help EM program manager DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E EM program manager This is the local EM grants manager. Name Steven Still Email sstill@nhcgov.com Field help Grants MOA signatory Projects Enter requested project information for each grant checked under Grants selection. EMPG Point of contact (complete only if different from point of contact in Contacts section.) Point of contact Complete only if the point of contact for this project is different from the identified "Grants point of contact". Name Teresa Smith Agency New Hanover County Emergency Management Title Emergency Management Technician Phone (work) 910-798-6906 1 Phone (mobile) 910-409-9130 Street address 230 Government Center Drive, Suite 115 City Wilmington ZIP + 4 28403 Email tersmith@nhcgov.com Field help MOA signatory (complete only if different from MOA signatory in Contacts section.) MOA signatory This is the individual whose name appears on the signature page of the memorandum of agreement. While only one signatory is required, space for an additional signatory is provided. If even more signatories are required, add them in the Appends" section. Complete only if the MOA signatory for this project is different from the identified "Grants MOA signatory". Name Steven Still Agency New Hanover County Emergency Management Title EM Director Street address (not PO Box) 230 Government Center Drive, Suite 115 City Wilmington ZIP+4 28403 Email sstill@nhcgov.com Name Tim Burgess Agency New Hanover County County Manager Title Deputy County Manager Street address (not PO box) 230 Government Center Drive, Suite 195 City I Wilmington ZIP+4 28403 Email I tburgess@nhcgov.com Field help Finance director Finance director The signature of the finance director of the agency is required for the memorandum of agreement. Name Lisa Wurtzbacher Email Iwurtzbacher@nhcgov.com Field help DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E Project information General information Enter information describing the project. Title Emergency Management Performance Grant Description EMPG Application for FY 2019-2020 Goal Enhance EM program and capabilities Construction/renovation required No Structural attachment required I No Core capabilities addressed Select primary and secondary (if applicable) core capabilities addressed by this project. Primary Operational Coordination Secondary Planning emergency management personnel Project timeline milestones List the major project events and their completion dates. Milestone Completion Date Application deadline 12/2019 1st Quarter Report 1/2020 2nd Quarter Report 4/2020 3rd Quarter Report 7/2020 4th Quarter Assessment/Report 8/2020 All deliverables due in 9/2020 Field help Budget Complete Organization details if any personnel is funded by this grant, then complete the Planning/Organization/Equipment/Training/Exercises costs section. Organization details Enter the requested information if any personnel are funded by this grant. EM program manager Complete for EM program manager activity only. Time allotted for EM 100% Salary $134,324.50 Date of employment in current position 1/1/2017 All personnel Complete for all personnel supported by funds from this project. All EMPG program funds (federal and match) allocated towards local 152,000 emergency management personnel All EMPG Program funds (federal and match) allocated towards non -local 0.00 emergency management personnel Total number of local emergency management full-time equivalent(FTE) 6 personnel, including those supported and not supported by the EMPG Program Number of local emergency management FTE personnel supported (fully or 6 partially) by the EMPG Program Number of local emergency management personnel supported (fully or 6 partially) by the EMPG Program Field help Planning/Organization/Equipment/Organization/Training/Exercises (POETE) costs Additional information (if needed) DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E HMEP North Carolina Tier II Competitive North Carolina Tier II Noncompetitive Certification Certification Review each certification item and check where appropriate. I certify that: 0 This application includes complete and accurate information. 0 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. 0 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. 0 Submission of the project proposal does not guarantee funding. 0 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). 0 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. 0 (EMPG only) Positions that are classified as sworn law enforcement officers may not be funded through EMPG. CDO w U) U O Q E E u _ o Q - m u m i _ m s S 4 '¢ E 'm c m � v a o p m m 6 � s ry � m �_ ¢ m v n m � n °m -c ., S m S Q Q s S Q �,� Q � � � � C � s n s m � m 3 3 m c a ( tk 2� E ° \ \� ;y \� ( k j = 7 « | ) \\ .2 0 a = \\. \ k\£ V n� \\( ) um ) m w { -) E k\) \o �E { |\§ \\ » 0CL z f7k\A ` - )!)47 ] §w uo ) \ o I-- ((\\\ } \} \\\\a !E)2 Q : _( §r CL § (£§§/ ! § t o }22 \ - �k((� 2 lolo q E 9#3@; 7 \L5 . }` z )- m 4 �k�${§ - }(/§{)� k§fƒ/2{ /ot\ - 'o3: ) :wawo `\\\\\\)\ §�e©-°°el B{ a/2\4 422 § a) CD - 0 w c m U) U O Q DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E 2020 DHS Standard Terms and Conditions The 2020 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2020. These terms and conditions flow down to subrecipients, unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances — Non -Construction Programs, or OMB Standard Form 424D Assurances — Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. DHS Specific Acknowledaements 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. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to Civil RightsEvaluation(@ha.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. DHS Standard Terms and Conditions Version 10.1 December 31, 2019 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E 2020 DHS Standard Terms and Conditions 6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation(a-)hg.dhs.aov prior to expiration of the 30 -day deadline. 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. 111. Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law Number 94-135 (1975) (codified as amended at Title 42, U.S. Code, 6101 et seg.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. IV. Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. 12101— 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. .I IPJ•-ITat M- I u. •� ' Ili Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PI they collect. DHS defines PH as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. VI. Civil Rights Act of 1964 — Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. � 2000d et 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. Vll. Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 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 2 DHS Standard Terms and Conditions Version 10.1 December 31, 2019 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E 2020 DHS Standard Terms and Conditions 42 U.S.C. 3601 et seg.), 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.) VIII. Copvriaht Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. IX. Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X. Drua-Free Workplace Reaulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. 8101-8106). XI. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. XII. Education Amendments of 1972 (Equal Opportunity in Education Acts – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. 1681 et seg.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 XIII. Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seg.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 3 DHS Standard Terms and Conditions Version 10.1 December 31, 2019 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E 2020 DHS Standard Terms and Conditions XIV. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. 3801-3812, which details the administrative remedies for false claims and statements made.) XV. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) XVI. Federal Leadership on Reducing Text Messaging while Drivina Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. XVII. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. � 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. XVIII. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. 2225.) XIX. Limited English Proficiency_(Civil Rights Act of 1964. Title VI) Recipients must comply with Title VI 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: https://www.dhs.gov/quidance- published -help -department - supported -organizations -provide -meaningful -access -people -limited and additional resources on http://www.lep.gov. M Recipients must comply with 31 U.S.C. 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. 4 DHS Standard Terms and Conditions Version 10.1 December 31, 2019 DocuSign Envelope ID: 7D8CE24D-1701-4E84-AC3B-A8947DD7698E 2020 DHS Standard Terms and Conditions Recipients must comply with the requirements of the National Environmental Policy Act of 1969. Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. & 4321 et secl.(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. 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 and other applicable statues, regulations, and guidance governing the participations of faith - based organizations in individual DHS programs. XXIII. Non-Sunolanting Reauirement 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 instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. XXV. Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. 200 et sep, 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. Pr States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 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. XXVIL Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. � 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 5 DHS Standard Terms and Conditions Version 10.1 December 31, 2019 El 0 Q 0 c LU c m U) Z, U O 0 0 c d 7 0 C U. CLd .0 w 7 L cr d 0 CL O W U) U 0 I � U 03 r. bA bO 0 cd C to cn O V 6 N . � d ca 9 O bo f� aQ r N C v Ln O cd Qnt=CL =o to o `~03 o y c b o - o 7o O — `� -d bb 3 °—' in n ci j 0O N O = U0 cC U tNa O N N cd N 4� U Q cn cd +1 run Eu,� ° '� 3 f- �;�>� ���w Cd� c� "O O n C4 14 cz O O O O Ocd O U O i c3 m Cot W CU bA N N !gyp cd w U o o L7 U Q W o W U O W U GQ a U U o o v� x x ❑ ❑ ❑ ❑ z ❑ ❑ ❑ w ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ z P.Z