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HomeMy WebLinkAboutFY22 Emerg Mgt Tier II non-competitive 1-1-21 to 2-28-22 MOA 2170013DocuSign Envelope ID: 78COA9CO-F5A2-4BCC-9C41-C356EE44E8FE North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Erik A. Hooks, Secretary NC Tier II Grant Fiscal Year 2021 Michael A. Sprayberry, Executive Director Grant#: T2-2021 SUBAWARD NOTIFICATION Teresa Smith Period of Performance: January 1, 2021 to February 28, 2022 New Hanover County Project Title: LEPC Project 230 Government Center Drive Total Amount of Award: $2,000.00 Wilmington, NC 28403- MOA #: 2170013 North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2021 NC Tier II Grant has been approved for funding. In accordance with the provisions of FY 2021 NC Tier II Noncompetitive 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 y ��C DocuSign Envelope ID: 78COA9CO-F5A2-4BCC-9C41-C356EE44E8FE E. Create or update hazardous material emergency response plans F. Support local or regional hazardous materials response exercises G. Support purchases of equipment necessary to support the LEPC and its mission Purchases of equipment must be pre -approved in writing by the NCEM Hazardous Materials Group H. Under no circumstances are the following items eligible for funding under this grant: • Salaries or benefits for any employee • Drone aircraft or unmanned aerial vehicles • Support for programs not focused on hazardous materials preparedness 5. Regulation 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 -6-22,143C-6-23 and 09 NCAC 03M. By accepting this payment, the Recipient agrees to use these funds in a manner consistent with state and federal laws and regulations. 6. Taxes Recipient shall be responsible for all taxes. 7. Warranty As an independent recipient, the Recipient will hold the Grantor harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 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 Recipient. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. Points of contact To provide consistent and effective communication between the Grantor and Recipient, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The Department of Public Safety, North Carolina Emergency Management contact shall be Assistant State Hazardous Materials Manager, Grants Management Branch staff, and NCEM Field Branch staff. The Recipient's point of contact shall be the person designated by the Recipient. 9. Public record access This agreement may be subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes. 10. 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. 11. Antitrust laws This Agreement is entered into in compliance with all State and Federal antitrust laws. 12. 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 Recipient. If a term Tier II Noncompetitive Grant 2021 Page 2 of 4 DocuSign Envelope ID: 78COA9CO-F5A2-4BCC-9C41-C356EE44E8FE 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. 13. Compliance Recipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Recipient shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA. 14. 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. 15. Modification This agreement may be amended only by written amendments duly executed by the Grantor and the Recipient. 16. 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 (30) days advance written notice to the other party may terminate this agreement. Upon approval by NCEM Hazardous Materials Group 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 Grant Adjustment Notice. Failure to provide applicable cost reports, proof of payment and/or a deobligation request letter by March 31, 2022 will result in an automatic deobligation of grant funds. 17. Execution and effective date This grant shall become effective upon return of this original Memorandum of Agreement, properly executed on behalf of the Recipient, to North Carolina Emergency Management and will become binding upon execution of all parties to the Agreement. The terms of this Agreement will become effective January 1, 2021. The last signature shall be that of Erik A. Hooks, Secretary for the North Carolina Department of Public Safety. 18. Certification of eligibility - Under the Iran Divestment Act Pursuant to N.C.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 N.C.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, N.C.G.S. § 147-86.55 et seq.* requires that each vendor, prior to contracting 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/OpenGovemment/Pages/Iran-divestment-Act- resources.aWx and will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, direct questions to (919) 814-3852. Tier II Noncompetitive Grant 2021 Page 3 of 4 DocuSign Envelope ID: 78COA9CO-F5A2-4BCC-9C41-C356EE44E8FE IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this Agreement will be effective as of January 1, 2021. N.C. DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT 1636 GOLD STAR DR RALEIGH, NC 27607 ki4,01 Q. srra'1�n MICHAEL A. SPRAYBERRY, EXECUTIVE DIRECTOR & DEPUTY HOMELAND SECURITY ADVISOR NC EMERGENCY MANAGEMENT/ NC OFFICE OF RECOVERY & RESILIENCY APPROVED AS TO PROCEDURES 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 NORTH CAROLINA TIER II GRANT PROGRAM TARA WILLIAMS-BROWN, CONTROLLER DEPARTMENT OF PUBLIC SAFETY ERIK A. HOOKS, SECRETARY DEPARTMENT OF PUBLIC SAFETY NEW HANOVER COUNTY 230 GOVERNMENT CENTER DRIVE WILMINGTON, NC 28403 - THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY FOR THE 2021 TIER II 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 EXCEPT FOR THE TIER II GRANT. Tier II Noncompetitive Grant 2021 Page 4 of 4 a) Q 0 c W c U) U O 0 DocuSign Envelope ID: 78COA9CO-F5A2-4BCC-9C41-C356EE44E8FE North Carolina Emergency Management Preparedness Grants Application Fiscal Year 2021 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. Applying agency New Hanover County Emergency Management Street address 230 Government Center Drive, Suite 115 City Wilmington ZIP + 4 28403 Email tersmith@nhcgov.com EIN/Tax ID number 56-6000324 DUNS number 040029563 SAM registered Yes Expiration date 9/21/2021 Your name Click or tap here to enter text. 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 ZIP + 4 28403 Email tersmith@nhcgov.com Field help EM program manager DocuSign Envelope ID: 78COA9CO-F5A2-4BCC-9C41-C356EE44E8FE EM program manager This is the local EM grants manager. Name Steven Still Email sstill@nhcgov.com Field help Grants MOA signatory Grants MOA signatory This is the individual whose name appears on the signature page of the memorandum of agreement. While only one signatory is required, space for an additional signatory is provided. If even more signatories are required, add them in the "Appends" section. There is an opportunity to override this contact for any specific grant. Name Steven Still Agency New Hanover County Emergency Management Title 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's Office Title Deputy County Manager Street address (not PO box) 230 Government Center Drive, Suite 195 City Wilmington ZIP+4 28403 Email tburgess@nhcgov.com Field help Projects Enter requested project information for each grant checked under Grants selection. EMPG HMEP North Carolina Tier II Competitive North Carolina Tier II Noncompetitive Enter requested information in the sections listed below. Point of contact (Complete only if different from point of contact in Contacts section.) MOA signatory (Complete only if different from MOA signatory in Contacts section.) Project information DocuSign Envelope ID: 78COA9CO-F5A2-4BCC-9C41-C356EE44E8FE Budget Costs Enter a description and cost for each budget item. Activity area Description Amount Training Hazmat related classes, conferences, etc 1,000.00 Planning Lunch provided for working lunch meetings (in person) 500.00 Planning Outreach 500.00 Choose an item. Click or tap here to enter text. Enter amount. Choose an item. Click or tap here to enter text. Enter amount. Choose an item. Click or tap here to enter text. Enter amount. Choose an item. Click or tap here to enter text. Enter amount. Choose an item. Click or tap here to enter text. Enter amount. Choose an item. Click or tap here to enter text. Enter amount. Total cost Enter total. Field help Additional information (if needed) Add any information not accommodated by the application form here. Project information Enter additional project information in the space below. These funds are being requested to help enhance our current LEPC program that will include offering trainings at the bi-monthly meetings, lunch, E -Plan and/or Hazmat-related classes or conferences to LEPC members. DocuSign Envelope ID: 78COA9CO-F5A2-4BCC-9C41-C356EE44E8FE 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 NCEM Grants Branch Manager, and an updated application must be submitted. D (EMPG only) Positions that are classified as sworn law enforcement officers may not be funded through EMPG.