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FY22 EMPG EXECUTED moa 2120065 $65,375.00 completeDocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Casandra Skinner Hoekstra, Interim Secretary William C. Ray, Director Emergency Management Performance Grant Program (EMPG) Fiscal Year 2021 AL #: 97.042 Grant#: EMA-2021-EP-00015 SUBAWARD NOTIFICATION Teresa Smith Period of Performance: October 1, 2020 to September 30, 2023 New Hanover County Project Title: EMPG Project 230 Government Center Drive Total Amount of Award: $65,375.00 Wilmington, NC 28403- MOA #: 2120065 North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2021 Emergency Management Performance Grant Program (EMPG) has been approved for funding. In accordance with the provisions of FY 2021 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: 0706A280-7D3A-4261-9448-CO32F665DOA0 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. See also paragraph 9 below regarding compliance. 4. Funding Eligibility Criteria Federal funds administered through Recipient (NCEM on behalf of State of North Carolina) are available to local governments to assist in the cost of developing and maintaining a comprehensive homeland security response program. Continued EMPG funding is contingent upon completion of all EMPG funding requirements. The following eligibility criteria must be adhered to during the entire duration of the grant program: A. Recipient/Subrecipient must: i. Be established as a State, Local, or Federally Recognized Indian Tribal Government. ii. Subrecipient must have a DUNS number, prior to any funds being released. DUNS numbers may be obtained from either of the following websites: www.dnb.com or hsv:Hfedaov.dnb.com/webform. iii. Each subrecipient shall ensure their organization is registered with the System for Award Management (SAM). Every applicant is required to have their name, address, DUNS number and EIN up to date in SAM, and the DUNS number used in SAM must be the same one used to apply for all FEMA awards. SAM information can be found at http://www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore it is imperative that the information is correct. iv. Complete any procurement(s) and expenditures no later than September 30, 2023. v. Provide quarterly progress reports to NCEM Grants Branch using WebEOC (https://www.ncsparta.net/eoc7/), by the following dates: January 15`h, April 15`h, July 15`h and October 15`h. vi. Submit requests for reimbursement with all required documentation attached. vii. Match requirement. FY 2021 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 identifies to the Recipient the match source on their application for EMPG funds. Recipients of EMPG funding can review the FY 2021 EMPG NOFO, section D, Funding Restrictions for additional guidance. Other program guidance is available at hiips://www.fema.izov/ rg ants/preparedness/emergency e�performance. Contact your NC Emergency Management Area Coordinator for assistance. viii.The Subrecipient must have either a full-time emergency management program director or a 50% full-time equivalent emergency management program director. B. File Retention (see Attachment 4 "Required Subrecipient File Documentation"): 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 record retention requirements in 2 CFR 200.334 and must maintain a file for each EMPG grant award. However, if any 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 NCEM staff for site visits, project closeout and audits: i. Resolution/ordinance establishing Subrecipient as a State, Local, or Federally Recognized Indian Tribal Government. ii. Award letter, MOA, and supporting appendices. iii. Completed appropriate reports with specifications, solicitations, competitive quotes or proposals, basis for selection decisions, purchase orders, contracts, invoices and proof(s) of payment. iv. Audit findings and corrective action plans. v. Equipment inventory records with photo documentation of labeling using labels provided by NCEM. 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 2021 EMPG Application packet, incorporated by reference herein. EMPG MOA 2021 2 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only The Recipient and Subrecipient certify that each 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 the Recipient 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 assure and certify that these 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. Subrecipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 7. Compliance Subrecipient shall comply with applicable federal, state, local and/or tribal statutes, regulations, ordinances, licensing requirements, policies, guidelines, reporting requirements, certifications and other regulatory matters for the conduct of its business and purchase requirements performed under this MOA. This includes all requirements contained in the applicable FY 2021 EMPG NOFO referenced in paragraph 2 above. Subrecipient shall be wholly responsible for the purchases made under this MOA and for the supervision of its employees and assistants. Failure to comply with the specified terms and conditions of this MOA may result in the return of funds and any other remedy for noncompliance specified in 2 CFR 200.339, and/or termination of the award per 2 CFR 200.340. Additional conditions may also be placed upon Subrecipient for noncompliance with the specified terms and conditions of this MOA, including (but not limited to) additional monitoring. 8. Responsibilities Recipient: A. Recipient shall provide funding to Subrecipient to perform the activities as described herein. B. 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, 2020. Funds allocated must be encumbered and invoices received by NCEM by October 30, 2023. D. Recipient shall directly monitor the completion of this project. Subrecipient: A. This MOA must be signed and returned to NCEM within 45 days after Subrecipient receives notice of this award. The grant shall be effective upon return of the executed Grant Award and MOA and final approval by NCEM of the grant budget and program narrative. B. The Subrecipient shall expend FY 2021 EMPG Grant Program funds in accordance with the FY2021 EMPG NOFO, the grant application, and Subaward Notification. C. Closeout Reporting Requirements. In accordance with 2 CFR 200.344, Subrecipient must submit to Recipient, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award, this MOA and DHS Standard Terms and Conditions (Attachment 3), incorporated by reference herein, for the performance of the activities. D. Procurement. 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 2 CFR 200.317 — 200.327. Subrecipient must follow procurement procedures and policies as outlined in the applicable FY2021 EMPG NOFO, Appendix II of 2 CFR Part 200 -Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, and the 2021 FEMA Preparedness Grants Manual. 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: 15 CFR Part 24; Federal Acquisition Regulations (FAR), Part 31.2; 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 EMPG MOA 2021 3 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et. seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et. seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20 U.S.C. 6101 et. seq.; Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205; FEMA Grant Programs Directorate, Grants Management Division, Match Guidance; Certifications and Assurances regarding Lobbying 31 U.S.C. 1352, Drug - Free Workplace Act, as amended, 41 U.S.C. 701 et. seq. and Certification Regarding Drug -Free Workplace Requirements, Debarment and Suspension Executive Orders 12549 and 12689 and certification regarding debarment, suspension and other responsibility matters; 28 CFR Parts 66, 67, 69, 70 and 83; and Grant Award and Special Conditions documents. E. Submit invoice(s) requesting reimbursement for item(s) received to NCEM Grants Management Branch (ncem rag ntsl(c�r�ncdps. og_y). Recipient will reimburse Subrecipient for eligible costs as outlined in the applicable DHS program guidelines and FY2021 EMPG NOFO. Subrecipient must take possession of all purchased equipment and receive any grant -eligible service prior to seeking reimbursement from the Recipient. Subrecipient must submit request for reimbursement within 60 days of payment of invoice. Requests for reibursement submitted more than 60 days after Subrecipient payment of invoice may be denied. F. Complete all Universal and six or more Optional work activities as identified in the FY 2021 EMPG Local Activity Directory which is a part of the FY 2021 EMPG application packet, incorporated by reference herein. G. Complete the procurement(s) process not later than September 30, 2023. H. Provide quarterly progress reports to NCEM Grants Branch using WebEOC(ht(ns://www.ncsparta.net/eoc7/), by the following dates: January 15`h, April 15`h, July 15`h and October 15`h I. Maintain a grant management filing system as required in this MOA (Attachment 4). J. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the FY 2021 EMPG NOFO and Subaward Notification, and DHS Standard Terms and Conditions (Attachment 3). K. Comply with current federal laws and suspension and debarment regulations pursuant to 2 CFR 200.213 — 200.214, 2 CFR Part 180 and U.S. Office of Management and Budget (OMB) Guidance, which requires in pertinent part that 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://sam.gov/content/exclusions and the State Debarred Vendors Listing, htWs://ncadmin.nc.gov/documents/nc-debarred-vendors, to verify that contractors or subrecipients have not been suspended or debarred from doing business with the federal government. L. Ensure that EMPG funds are not used to support hiring sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities. M. Non -Supplanting Requirement. See paragraph 6 (Supplantation). N. All materials publicizing or resulting from award activities shall contain this acknowledgement: "This project was supported by a federal award from the US Department of Homeland Security, Department of Public Safety, North Carolina Emergency Management." Use of the federal program logo must be approved by DHS. Printed as a legend, either below or beside the logo shall be the words "Funded by US Department of Homeland Security". O. Subrecipient shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of any equipment procured pursuant to this MOA as follows: 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 2021 4 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 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. Unless otherwise directed by NCEM, DHS and/or FEMA, 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, or for other activities currently or previously supported by a federal awarding agency. However, Subrecipient must notify NCEM Grants Management Branch prior to disposing of any equipment purchased with grant funds. Items with a fair market value of less than $5,000 may be retained, transferred or otherwise disposed of with prior approval of NCEM and in accordance with disposition requirements in 2 CFR 200.313. Unless otherwise directed by NCEM, DHS and/or FEMA, 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 NCEM approval in accordance with disposition requirements in 2 CFR 200.313. 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. P. Property and Equipment. Property and equipment purchased with EMPG funds shall be titled to Subrecipient, unless otherwise specified by NCEM, DHS and/or FEMA. Subrecipient shall be responsible for the custody and care of any property and equipment purchased with EMPG funds furnished for use in connection with this MOA, 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 MOA. Subrecipient must utilize all property and equipment as intended in their project application to NCEM. Any variation from this intended use must be requested in writing and approved by NCEM. Any property and equipment purchased under the EMPG grant, including this specific grant award to Subrecipient, is subject to use as a regional asset to be utilized and directed by DHS and NCEM statewide as needed. Per 2 CFR 200.313, during the time that equipment is used on the project or program for which it was acquired, Subrecipient must also make the equipment available for use on other projects or programs currently or previously supported by this or other federal grants, provided that such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by DHS that financed the equipment and second preference must be given to other programs or projects under grants from other Federal awarding agencies. NCEM, in conjunction with DHS, will determine and direct how equipment will be redeployed. Failure to comply with these terms and conditions may result in the return of funds and any other remedy for noncompliance specified in 2 CFR 200.339, and/or termination of the award per 2 CFR 200.340. Additional conditions may also be placed upon Subrecipient for noncompliance with the specified terms and conditions of this MOA, including (but not limited to) additional monitoring and special conditions placed on future awards per 2 CFR 200.208. Q. Indirect Costs. No indirect or administrative costs will be charged to this award. See 2 CFR 200.332(a). R. Communications equipment. In an effort to align communications technologies with current statewide communications plans, systems, networks, strategies and emerging technologies, the NCEM Communications Branch requires that purchases made with grant funds meet the standards identified in Attachment 5. S. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, exercise or work activities beyond that identified in this MOA, shall be the sole responsibility of Subrecipient and shall not be reimbursed under this MOA. T. Conflicts of Interest. Per 2 CFR 200.112 and the 2021 FEMA Preparedness Grants Manual, all subrecipients must disclose in writing to NCEM, and attempt to avoid, any real or potential conflict of interest that may arise during the administration of a federal grant award. For purposes of this MOA, conflicts of interest may arise in situations where a Subrecipient employee, officer, or agent, any members of his or her immediate family, or his or her partner EMPG MOA 2021 5 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only has a family relationship, close personal relationship, business relationship, or professional relationship, with anybody at DHS, FEMA and/or NCEM involved in the administration of this grant award. Per 2 CFR 200.318 and the 2021 FEMA Preparedness Grants Manual, all subrecipients that are non-federal entities other than states are required to maintain written standards of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such conflicts of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, subrecipients may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the subrecipient. All subrecipients must disclose in writing to NCEM, and attempt to avoid, any real or potential conflicts of interest with respect to procurement, contracting and subcontracting with funds provided under this grant award. Upon request, subrecipients must also provide a copy of their standards of conduct policy covering conflicts of interest with respect to procurement, contracting and subcontracting with funds provided under this grant award. U. Environmental Planning and Historic Preservation (EHP) Compliance. Subrecipients proposing projects that could impact the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process. For details see: https://www.fema._og_v/_rg ants/preparedness/preparedness-grants-ehp-compliance. V. Subrecipient must have an acceptable local travel regulation plan or accept the state travel regulations. Refer to 2 CFR 200.475 for travel costs. 9. Funding All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from DHS and NCEM for the purposes set forth, and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with applicable DHS Program Guidelines, which include, but may not be limited to, the FY2021 EMPG NOFO, 2 CFR 200 Subpart E, Federal Acquisition Regulations (FAR) Part 31.2, OMB Circulars A-21, and applicable DHS and FEMA financial management guidance available at https://www.dhs.gov/dhs-aants ants and https://www.fema.gov/grants/guidance-tools. 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 Recipient harmless for any liability and personal injury that may occur from or in connection with the performance of this MOA to the extent permitted by the North Carolina Tort Claims Act. Nothing in this MOA, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this MOA. This MOA does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This MOA is intended for the sole and exclusive benefit of the parties hereto. This MOA is not made for the benefit of any third person or persons. No third party may enforce any part of this MOA or shall have any rights hereunder. This MOA does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this MOA. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 12. State of North Carolina Reporting Requirements per NCGS 143C-6-23 and 09 NCAC 03M North Carolina state law (N.C.G.S. 143C-6-23 and 09 NCAC 03M) requires every non -state entity (including non-profit organizations, counties and local governments) that receives state or federal pass-through grant funds from state EMPG MOA 2021 6 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only agencies to file annual reports on how those grant funds were used no later than three months after the end of the non - state entity's fiscal year. Refer to "State Grant Compliance Reporting Forms" on the following website for instructions and applicable forms for subrecipients to meet these requirements: haps://www.ncdps.aov/our-organization/emeraency- management/emergency, eg ment-grants/grants-management-compliance. Level (Less than $25,000) A grantee receiving less than $25,000 (combined) in State or Federal pass through funds must submit: • Certification Form. • State Grants Compliance Reporting for Receipts of Less than $25,000. • Level I form and reporting instructions are available on the above website. Level H ($25,000 - $499,999) A grantee that receives between $25,000 - $499,999 (combined) in State or Federal pass-through funding must submit: • Certification Form. • State Grants Compliance Reporting for Receipts of $25,000 or More. • Schedule of Receipts and Expenditures. • Program Activities and Accomplishments Reports. • Level II form and reporting instructions are available on the above website. Level 111 ($500,000 - $749,999) A grantee that receives a combined $500,000 or more in State funding or Federal pass-through funding must submit: • Certification Form. • State Grants Compliance Reporting for Receipts of $25,000 or More. • Program Activities and Accomplishments Reports. • Level III form and reporting instructions are available on the above website. • Submit within nine months of the grantee's fiscal year end: Submit to DPS Internal Audit a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards. See paragraph 15 below for audits. Level iii Continued ($750,000+) A grantee that receives a combined $750,000 or more in funding from all Federal funding sources, even those passed through a state agency must submit: • Certification Form. • State Grants Compliance Reporting for Receipts of $25,000 or More. • Program Activities and Accomplishments Reports. • Level III form and reporting instructions are available on the above website. • Submit within nine months of the grantee's fiscal year end: o Submit to DPS Internal Audit a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards. o Post the single audit to the Federal Audit Clearinghouse (hgps://harvester.census.gov/facweb/). o Make copies of the single audit available to the public. See paragraph 15 below for audits. 13. Audit Requirements EMPG MOA 2021 7 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only For all federal grant programs, Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. Per 09 NCAC 03M.0205, a 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 (AuditGrantsReportkncdps..og_v) a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards (GAGAS): https://www.gao.gov/yellowbook. Per 2 CFR 200.501, 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 have a single audit conducted in accordance with 2 CFR 200.514 and GAGAS within 9 months of Subrecipient's fiscal year end. Subrecipient must: A. Post the single audit conducted in accordance with 2 CFR 200.514 and GAGAS to the Federal Audit Clearinghouse https://harvester.census.gov/facweb/. B. Submit to DPS Internal Audit (AuditGrantsRepovt&ncdps. og_v) a single audit prepared and completed in accordance with GAGAS. This can, at the option of Subrecipient, be the same single audit submitted to the Federal Audit Clearinghouse in paragraph 15.A. above. C. Make copies of the single audit available to the public. 14. Subrecipient Monitoring See Attachment 6 for subrecipient monitoring. 15. Points of Contact To provide consistent and effective communication between Subrecipient and the NCEM, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The NCEM contact shall be, Assistant Director - Administration, the NCEM Grants Management Branch Staff, and the NCEM Field Branch Staff. The Subrecipient point of contact shall be the person designated by the Subrecipient. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses contemplated by the terms of this MOA. Any information to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's confidential information without written authorization to do so from the other party. Specifically excluded from such confidential treatment shall be information that: A. As of the date of disclosure and/or delivery, is already known to the party receiving such information. B. Is or becomes part of the public domain, through no fault of the receiving party. C. Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence. D. Is independently developed at the receiving party by someone not privy to the confidential information. 16. Public Records Access While this information under federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a case-by-case basis by the FEMA FOIA Office. This MOA may be subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes. 17. Contracting/Subcontracting If Subrecipient contracts/subcontracts any or all purchases or services under this MOA, then Subrecipient agrees to include in the contract/subcontract that the contractor/subcontractor is bound by the terms and conditions of this MOA. Subrecipient and any contractor/subcontractor agree to include in the contract/subcontract that the contractor/subcontractor shall hold NCEM harmless against all claims of whatever nature arising out of the contractors/subcontractor's performance of work under this MOA. If Subrecipient contracts/subcontracts any or all purchases or services required under this MOA, a copy of the executed contract/subcontract agreement must be forwarded to NCEM. 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 and the grant award EMPG MOA 2021 8 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only letter Subaward Agreement incorporated by reference herein, as well as all terms, conditions and restrictions of the FY2021 EMPG NOFO referenced herein. 18. Situs This MOA 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. 19. Antitrust Laws All signatories of this MOA will comply with all applicable state and federal antitrust laws. 20. Other Provisions/Severability Nothing in this MOA is intended to conflict with current federal, state, local, or tribal laws or regulations. If a term of this MOA is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this MOA shall remain in full force and effect. 21. Entire Agreement This MOA 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 MOA may be amended only by written amendments duly executed by the Recipient and the Subrecipient. 23. Prohibition on purchasing certain telecommunications - John S. McCain National Defense Authorization Act for Fiscal Year 2019 — Public Law 115-232, section 889 — 2 CFR 200.16 Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to: A. 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. B. 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. C. 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: A. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). B. 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). C. Telecommunications or video surveillance services provided by such entities or using such equipment. 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. FEMA Policy #405-143-1 Refer to FEMA Policy #405-143-1 for specific guidance: https://www.fema.gov/sites/default/files/documents/fema prohibitions-expending-fema-award-funds-covered- telecommunications-equipment-services. pdf EMPG MOA 2021 9 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only 24. Certification of eligibility --Under the Iran Divestment Act Pursuant to G.S. 147-86.60, any company 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 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 Iran 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. Further, pursuant to G.S. 147-86.82, any company identified as boycotting Israel, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S 147-86.81, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The State Treasurer's Final Companies Boycotting Israel 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. 25. Termination The terms of this MOA, as modified with the consent of all parties, will remain in effect until September 30, 2023. Either party upon thirty days advance written notice to the other party may terminate this MOA. 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, Grant Adjustment Notice, incorporated by reference herein. If DHS suspends or terminates funding in accordance with 2 CFR 200.340 and the 2021 EMPG NOFO, incorporated by reference herein, the Subrecipient shall reimburse NCEM for said property and/or expenses. 26. Scope of Work Subrecipient shall implement the EMPG project summarized below and as described in the approved project application. That application is hereby incorporated by reference into this MOA: A. Scope of Work Summary i. Completed appropriate report forms with invoices and proofs) of payment. ii. Audit findings and corrective action plans. iii. Equipment inventory records with photo documentation of labeling. B. Documentation to be provided throughout the Period of Performance of the grant: i. Quarterly project progress reports. ii. Subrecipient involved legal action that pertains to Planning, Organization, Training, Exercise and Equipment purchased with EMPG. iii. After -action report from exercise in accordance with Homeland Security Exercise and Evaluation Program Doctrine (HSEEP). iv. Training course roster and description. v. Any other documentation that would be pertinent. vi. All legible and complete invoices and receipts detailing the expenses associated with the project. Receipts must contain the following information: • Name and address of the vendor or establishment providing the product or service. • Vendor/Payee invoice number, account number, and any other unique meaningful identifying number • Date the product or service was provided. • Itemized description of all products or services. • Unit price of products or services (if applicable). • Total amount charged. vii. Proof of payment of expenses associated with the project. 27. Lobbying Prohibition EMPG MOA 2021 10 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only 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 - procurement During the performance of this contract, the subrecipient, for itself, its assignees and successors in interest (hereinafter referred to as the "subrecipient") agrees as follows: A. Compliance with Regulations: The subrecipient shall comply with the Regulations relative to nondiscrimination in Federally -Assisted Programs of the 2 CFR 200.300 and North Carolina regulation as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination: The subrecipient, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, sex, or national origin in the selection and retention of subrecipients, including procurements of materials and leases of equipment. The subrecipient shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the subrecipient for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subrecipient or supplier shall be notified by the subrecipient of the subrecipients obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. D. Information and Reports: The subrecipient shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Research and Special Programs Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a subrecipient is in the exclusive possession of another who fails or refuses to furnish this information the subrecipient shall so certify to the Recipient or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain such information. E. Sanctions for Noncompliance: In the event of the subrecipients noncompliance with nondiscrimination provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: i. Withholding of payments to the subrecipient under the contract until the subrecipient complies. ii. Cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions:—The subrecipient shall include the provisions of every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant EMPG MOA 2021 11 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only thereto. The contract shall take such action with respect to any subcontract or procurements as the Recipient or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provide, however, that in the event a subrecipient becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the subrecipient may request the Recipient to enter into such litigation to protect the of the Recipient and, in addition the subrecipient may request the United States to enter such litigation to protect the interests of the United States. 29. Assurance of Compliance with Title V1 of the Civil Rights Act of 1964 - regulations Subrecipient hereby agrees that as a condition to receiving any federal financial assistance from the DHS it will comply with Title VI of the Civil Rights Act of 1964, 78 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 200.300 , Nondiscrimination in FederallyAssisted 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 MOA. 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 200.300 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 MOA in every contract subject to the Act and the Regulations. D. This assurance obligates the Recipient for the period during which federal financial assistance is extended to the project. E. Provide for such methods of administration for the program as are found by the Secretary of DHS or the official to whom he delegates specific authority to give reasonable guarantee that is, other recipients, subrecipients, contractors, subcontractors, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient by the DHS and is binding on it, other recipients, subrecipients, contractors, subcontractors, transferees, successors in interest and other participants in the DHS Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the recipients. 30. Assurance of Compliance with Title V1 of the Civil Rights Act of 1964 — deeds, licenses, permits, leases The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by Subrecipient executed in expending these grant funds: A. The [Subrecipient, licensee, lessee, permittee, etc., as appropriate] for itself, herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit, EMPG MOA 2021 12 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only 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 200.300 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 200.300, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. C. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Subrecipient and its assigns. * Reverted clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. 31. Assurance of Compliance with Privacy Act The Subrecipient agrees: A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there under, when performance under the program involves the design, development, or operation of any system or records on individuals to be operated by the Subrecipient, its third -party subrecipients, contractors, or their employees to accomplish a DHS function. B. To notify DHS when the Subrecipient or any of its third -party contractors, subcontractors, subrecipients, or their employees anticipate a system of records on behalf of DHS in order to implement the program, if such system contains information about individuals name or other identifier assigned to the individual. A system of records subject to the Act may not be used in the performance of this MOA until the necessary and applicable approval and publication requirements have been met. C. To include in every solicitation and in every third -party contract, sub -grant, and when the performance of work, under that proposed third -party contract, sub -grant, or sub -agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third -party contract, sub grant, or to accomplish a DHS function, a Privacy Act notification informing the third party contractor, or subrecipient, that it will be required to design, develop, or operate a system of records on individuals to accomplish a DHS function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable DHS regulations, and that a violation of the Act may involve the imposition of criminal penalties; and D. To include the text of Sections 30 parts A through C in all third -party contracts, and sub grants under which work for this MOA is performed or which is awarded pursuant to this MOA or which may involve the design, EMPG MOA 2021 13 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only 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. The regulations, published in the January 31, 1989 Federal Register, require certification by subrecipient, 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 200.415). Subrecipient certifies that it will or will continue to provide a drug-free workplace by: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Subrecipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establish a drug-free awareness program to inform employees about: i. The dangers of drug abuse in the workplace. ii. The Subrecipient's policy of maintaining a drug-free workplace. iii. Any available drug counseling, rehabilitation, and employee assistance programs. iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Require that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph A. D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement. ii. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. E. Notifying the agency within ten days after receiving notice under subparagraph (D) (ii), from an employee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(ii), with respect to any employee who is convicted: i. Taking appropriate personnel action against such an employee, up to and including termination. ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state, local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). 33. Execution and Effective Date This grant shall become effective upon return of this original Grant Award and MOA, properly executed on behalf of the Subrecipient, to NCEM and will become binding upon execution of all parties to this MOA. The terms of this MOA are effective October 1, 2020. The last signature shall be that of Casandra Skinner Hoekstra, Interim Secretary for the North Carolina Department of Public Safety. 34. Term of this Agreement This MOA shall be in effect from October 1, 2020 to September 30, 2023. 36. Statement of Assurances Subrecipient must complete either Office of Management and Budget (OMB) Standard Form 424B Assurances — Non - Construction Programs, or OMB Standard Form 424D Assurances — Construction Programs, or both, as applicable. A. Subrecipients that only have construction work and do not have any non -construction work need only submit the construction form (i.e., SF -424D) and not the non -construction form (i.e., SF -424B), and vice versa. However, subrecipients who have both construction and non -construction work under this grant must submit both the construction and non -construction forms. B. Subrecipient must complete the appropriate form(s) and submit to NCEM Grants Management Branch (ncem rag nts l kncdps.. og_v) upon execution of this MOA. Subrecipient must still complete the appropriate form(s) EMPG MOA 2021 14 of 16 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 fficial Use Only even if certain assurances in the form may not directly apply to subrecipient's specific program to ensure that all possible situations are covered. 37. Attachments All attachments to this Agreement are incorporated as if set out fully herein. A. In the event of any inconsistency or conflict between the language of this MOA and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. B. This MOA includes the following attachments or documents incorporated by reference as if fully set out herein: • Attachment 1 Scope of Work • Attachment 2 Grant Funded Typed Resource Report • Attachment 3 DHS Standard Terms and Conditions • Attachment 4 Required Subrecipient File Documentation • Attachment 5 NCEM Communications Branch Memo • Attachment 6 Subrecipient Monitoring EMPG MOA 2021 15 of 16 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-CO32F665DOA0 fficial Use Only IN WITNESS WHEREOF, the parties have each executed this MOA and the parties agree that this MOA will be effective as of October 1, 2020. N.C. DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT 1636 GOLD STAR DR RALEIGH, NC 27607 BY: ( t&a* C. K41 I WILLIAM C. RAY, DIRECTOR & DEPUTY HOMELAND SECURITY ADVISOR NC EMERGENCY MANAGEMENT APPROVED AS TO PROCEDURES: BY%�&.a, TARA WILLIAMS-BROWN, CONTROLLER DEPARTMENT OF PUBLIC SAFETY BY: Zl.Xile. '%collo 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 BY•C' 0_10Vrt 1�iv1,v�,e..v 1 o&%Xvot CASANDRA SKINNER HOEKSTRA, INTERIM SECRETARY DEPARTMENT OF PUBLIC SAFETY NEW HANOVER COUNTY 230 GOVERNMENT CENTER DRIVE WILMINGTON, NC 28403 - BY _ Com, Depjf Coutf Mooa9er BY:iSa �t~V��alucV BY:Sf WtJA, SK BY: THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT ONLY AND IS SUBJECT TO EXECUTION BY CASANDRA SKINNER HOEKSTRA, INTERIM SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. THIS MOA SHOULD NOT BE USED FOR OTHER MOAS FOR THE EMPG FOR OTHER FISCAL YEARS. EMPG MOA 2021 16 of 16 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-CO32F665DOA0 North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Casandra Skinner Hoekstra, Interim Secretary Emergency Management Performance Grant Program Fiscal Year 2021 COST REPORT 1 Subrecipient: New Hanover County Address: 230 Government Center Drive Optional SATCOM amount deductions Wilmington, NC 28403 - Federal ID #: 56-6000324 DUNS #: 040029563 Branch: Eastern Account #: 1901-EMPG local 2021 Grant period: October 1, 2020 - September 30, 2023 Grant file #: EMPG-2021-2120065 Funding worksheet William C. Ray, Director 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 2021 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 2022 EMPG funds. Certification: I certify that the above are correct based on grantee's official accounting system and records, consistently applied and maintained, and that expenditures shown have been made for the purpose of and in accordance with, applicable grant terms and conditions, and that appropriate documentation to support these costs and expenditures is available or attached. /,is, (�Iti.Y'f4Afr New Hanover County Finance Officer Authorized Signature ew North Carolina Vmergency Management Director's Approval Signature Department of Public Safety Controller's Office Approval 11/22/2021 1 15:50:14 EST Date 11/8/2021 1 12:32:09 EST Date 11/8/2021 1 10:57:24 EST Date 11/29/2021 1 13:16:21 EST Date EMPG initial Universal (Base) amount amount Optional SATCOM amount deductions Balance to be paid Federal/State $65,375.00 $65,375.00 TBD TBD $0.00 Local match $65,375.00 $65,375.00 TBD TBD $0.00 Total $130,750.00 $130,750.00 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 2021 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 2022 EMPG funds. Certification: I certify that the above are correct based on grantee's official accounting system and records, consistently applied and maintained, and that expenditures shown have been made for the purpose of and in accordance with, applicable grant terms and conditions, and that appropriate documentation to support these costs and expenditures is available or attached. /,is, (�Iti.Y'f4Afr New Hanover County Finance Officer Authorized Signature ew North Carolina Vmergency Management Director's Approval Signature Department of Public Safety Controller's Office Approval 11/22/2021 1 15:50:14 EST Date 11/8/2021 1 12:32:09 EST Date 11/8/2021 1 10:57:24 EST Date 11/29/2021 1 13:16:21 EST Date DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 Attachment 1 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 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: 0706A280-7D3A-42B1-9448-CO32F665DOA0 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 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.) 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: 0706A280-7D3A-4261-9448-CO32F665DOA0 Project information General information Enter information describing the project. Title Emergency Management Performance Grant Description EMPG Application for FY 2020-2021 Goal Enhance EM program and capabilities Construction/renovation required No Structural attachment required No Core capabilities addressed Select primary and secondary (if applicable) core capabilities addressed by this project. Primary Operational Coordination Secondary Planning Project timeline milestones List the major project events and their completion dates. Milestone Completion Date Application Deadline 12/2020 1st Quarter Report 1/2021 2nd Quarter Report 4/2021 3rd Quarter Report 7/2021 4th Quarter Report 8/2021 All Deliverables due in 9/2021 Click or tap here to enter text. Click or tap to enter a date. Click or tap here to enter text. Click or tap to enter a date. Field help Budget Complete Organization details if any personnel is funded by this grant, then complete the Planning/Organization/Equipment/Training/Exercises costs section. DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 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 $136,070.72 Date of employment in current position 1/1/2017 Have courses required by FEMA been completed? See Field help. Yes All personnel Complete for all personnel supported by funds from this project. All EMPG program funds (federal and match) allocated towards local 152,000.00 emergency management personnel Choose an item. All EMPG Program funds (federal and match) allocated towards non -local 0.00 emergency management personnel Enter total. Number of local emergency management personnel 6 Number of local emergency management personnel supported (fully or 6 partially) by the EMPG Program Choose an item. Number of local emergency management FTE personnel supported (fully or 6 partially) by the EMPG Program Enter total. Names of all EMPG-supported personnel Steven Still, Anna McRay, Zak Enter AEL# Whicker, Audrey Hard, Bruce Enter total. Ellis and Teresa Smith Have each of the named EMPG-supported personnel completed courses as No required by FEMA? See Field help. Enter total. Field help Planning/Organization/Equipment /Training/Exercises (POETE) costs Estimated Costs For each cost item select an activity area and then enter a description and the cost amounts. Enter the total. Activity area Description AEL# (if equipment) Federal funding Total amount (federal + match) Organization EM salaries for 6 FT employees Enter AEL# 76,000.00 152,000.00 Choose an item. EOC Equipment & supplies Enter AEL# Enter amount. Enter total. Choose an item. Office Supplies Enter AEL# Enter amount. Enter total. Choose an item. Equipment to build capabilities Enter AEL# Enter amount. Enter total. Choose an item. Re -writing comprehensive EOP Enter AEL# Enter amount. Enter total. Choose an item. Countywide all -hazards trainings/exercises Enter AEL# Enter amount. Enter total. Choose an item. WebEOC training and enhancements Enter AEL# Enter amount. Enter total. Choose an item. Click or tap here to enter text. Enter AEL# Enter amount. Enter total. Choose an item. Click or tap here to enter text. Enter AEL# Enter amount. Enter total. Total estimated costs 76,000 76,000.00 Field help Additional information (if needed) Add any information not accommodated by the application form here. DocuSign Envelope ID: 0706A280-7D3A-42B1-9448-CO32F665DOA0 Project information Enter additional project information in the space below. I didn't enter costs for other items, because this is above 50% contribution that NHC contributes to fund the EM Program. 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 NCEM Grants Branch Manager, and an updated application must be submitted. 0 (EMPG only) Positions that are classified as sworn law enforcement officers may not be funded through EMPG. CDO w m U) U O Q m s s E �i n w c m o p F u m s m o . � m ¢ m v n m u n u z" s 5 E E Q�' u s _ o Q _ — m u m Q i _ m s s E �i n w c m o p F u m s m o . � m ¢ m v n m u n u z" s 5 N Q�' Q s _ s Y) Q Q N_ y m a � C � s n s m � m 3 3 m c a (k 0-0 r \ \� ;yCL CL\{ x k k j \ � ( \ « | / o _ , 2{[ \ m ) w { - ) ( k� t; \ \ EL o �§\ )1777 ] §2 \ } \} \\\\\ lE72 ( _ § - (£2§/ CL t /!;( : / r \f§ J,;; }/u \ E 9#32;o 7 \ . }` � k}\\\.\ \k�){§ - w cLm ) � k§fƒ\2{ /0E [;\�}ko ) bo m w (�\- mw� ®;{%u2) -S c)}f&*f:e §e©-eeel B7 a/2\4��22 § CDO w m U) U O Q DocuSign Envelope ID: 0706A280-7D3A-4281-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions The 2021 DHS Standard Terms and Conditions applyto all new federal financial assistance awards funded in FY 2021. 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. By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. 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 Administrative 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 Rights Evaluation(o)hg.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 11.4 1 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions The 2021 DHS Standard Terms and Conditions applyto all new federal financial assistance awards funded in FY 2021. 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. By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. 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 Administrative 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 Rights Evaluation(o)hg.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 11.4 1 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions 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.gov prior to expiration of the 30 -day deadline. I. Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. II. Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. M. Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub.L No. 94-135 (1975) (codified as amended at Title 42, U.S. Code. 6101 et seg.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. 12101- 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. V. Best Practices for Collection and Use of Personally Identifiable Information 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 PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. VI. Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. 2000d et 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. VII. 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 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 DHS Standard Terms and Conditions Version 11.4 2 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-42B1-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. IX. Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X. Drug -Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. �� 8101-8106). XI. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 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. XIV. False Claims Act and Proqram 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 DHS Standard Terms and Conditions Version 11.4 3 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions overpayments. (See OMB Circular A-129.) XVI. Federal Leadership on Reducina Text Messaaina while Drivin Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. XVII. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. � 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. � 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. XVIII. Hotel and Motel Fire Safetv Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. 2225.) XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. 6 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. XX. Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. XXI. National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seg. 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. XXII. Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 DHS Standard Terms and Conditions Version 11.4 4 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions and other applicable statues, regulations, and guidance governing the participations of faith - based organizations in individual DHS programs. XXIII. Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. XXIV. Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. XXV. Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. � 200 et 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. XXVL Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 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. XXVIII. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirements If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under Pub. L.110-417, § 872, as amended 41 U.S.C. 2313. As required by Pub. L. 111-212. 3010, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available. 2. Proceedings about Which Recipients Must Report Recipients must submit the required information about each proceeding that: DHS Standard Terms and Conditions Version 11.4 5 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal government; b. Reached its final disposition during the most recent five-year period;and c. One or more of the following: 1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; 2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of fault and liability and the recipient's payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal, civil, or administrative proceeding if: a) It could have led to an outcome described in this award term and condition; b) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the recipient's part; and c) The requirement in this award term and condition to disclose information aboutthe proceeding does not conflict with applicable laws and regulations. Reporting Procedures Recipients must enter the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition in the SAM Entity Management area. Recipients do not need to submit the information a second time under financial assistance awards that the recipient received if the recipient already provided the information through SAM because it was required to do so under federal procurement contracts that the recipient was awarded. 4. Reporting Frequency During any period of time when recipients are subject to the main requirement in paragraph 1 of this award term and condition, recipients must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that recipients have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For the purpose of this award term and condition: a. Administrative proceeding: means a non -judicial process that is adjudicatory in nature to decide fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. DHS Standard Terms and Conditions Version 11.4 6 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions b. Conviction: means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes aconviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes - 1) Only the federal share of the funding under any federal award with a recipientcost share or match;and 2) The value of all expected funding increments under a federal award and options, even if not yet exercised. XXIX. Reporting Subawards and Executive Compensation 1. Reporting of first tier subawards. a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term, the recipient must report each action that equals or exceeds $30, 000 in federal funds for a subaward to a non-federal entity or federal agency (See definitions in paragraph 5 of this award term). b. Where and when to report. 1) Recipients must report each obligating action described in paragraph 1 of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS). 2) For subaward information, recipients report no later than the end of the month following the month in which the obligation was made. For example, if the obligation was made on November 7, 2016, the obligation must be reported by no later than December 31, 2016. c. What to report. The recipient must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov. 2. Reporting Total Compensation of Recipient Executives. a. Applicability and what to report. Recipients must report total compensation for each of the five most highly compensated executives for the preceding completed fiscal year, if - 1) The total federal funding authorized to date under this federal award equals or exceeds $30,000 as defined in 2 C.F.R. § 170.320; 2) In the preceding fiscal year, recipients received— a) Eighty percent or more of recipients' annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Federal Funding Accountability and Transparency Act (Transparency Act), as defined at 2 C.F.R. § 170.320 (and subawards); and DHS Standard Terms and Conditions Version 11.4 7 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions b) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards);and c) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (See the U.S. Security and Exchange Commission total compensation filings at http://www. sec.gov/answers/execomp.htm. to determine if the public has access to the compensation information.) 3) Where and when to report. Recipients must report executive total compensation described in paragraph 2.a. of this award term: a) As part of the recipient's registration profile at https://www.sam.gov. b) By the end of the month following the month in which this award is made, and annually thereafter. 3. Reporting of Total Compensation of Subrecipient Executives. a. Applicability and what to report. Unless recipients are exempt as provided in paragraph 4. of this award term, for each first-tier subrecipient under thisaward, recipients shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if - 1) In the subrecipient's preceding fiscal year, the subrecipient received— a) Eighty percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and b) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and 2) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (See the U.S. Security and Exchange Commission total compensation filings at http✓/www. sec. gov/answers/execomp.htm. to determine if the public has access to the compensation information.) b. Where and when to report. Subrecipients must report subrecipient executive total compensation described in paragraph 3.a. of this award term: 1) To the recipient. 2) By the end of the month following the month during which recipients make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), subrecipients must reportany required compensation information of the subrecipient by November 30 of thatyear. DHS Standard Terms and Conditions Version 11.4 $ February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-42B1-9448-CO32F665DOA0 2021 DHS Standard Terms and Conditions 4. Exemptions If, in the previous tax year, recipients had gross income, from all sources, under $300,000, then recipients are exempt from the requirements to report: a. Subawards, and b. The total compensation of the five most highly compensated executives of any subrecipient 5. Definitions For purposes of this award term: a. Federal Agency means a federal agency as defined at 5 U.S.C. 551 (1) and further clarified by 5 U.S.C. 552(f). b. Non -Federal Entity: means all the following, as defined in 2 C.F.R. Part 25: 1) A Governmental organization, which is a state, local government, or Indiantribe; 2) A foreign public entity; 3) A domestic or foreign nonprofit organization; 4) A domestic or foreign for-profit organization; c. Executive: means officers, managing partners, or any other employees in management positions. d. Subaward: means a legal instrument to provide support for the performance of anyportion of the substantive project or program for which the recipient received this award and that the recipient awards to an eligible subrecipient. 1) The term does not include recipients' procurement of property and services needed to carry out the project or program (for further explanation, see 2 C.F.R. § 200.331). 2) A subaward maybe provided through any legal agreement, including an agreement that a recipient or a subrecipient considers a contract. e. Subrecipient: means a non-federal entity or federal agency that: 1) Receives a subaward from the recipient under this award; and 2) Is accountable to the recipient for the use of the federal funds provided bythe subaward. f. Total compensation: means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (see 17 C.F.R. & 229.402(c)(2)): 1) Salary and bonus. 2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. DHS Standard Terms and Conditions Version 11.4 9 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions 3) Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. 4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. 5) Above -market earnings on deferred compensation which is not tax -qualified. 6) Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. XXX. SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXXI. Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. XXXII. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. 1. Provisions applicable to a recipient that is a private entity. a. Recipients, the employees, subrecipients under this award, and subrecipients' employees may not - 1) Engage in severe forms of trafficking in persons during the period of time the award is in effect; 2) Procure a commercial sex act during the period of time that the award is in effect; or 3) Use forced labor in the performance of the award or subawards under the award. b. DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient that is a private entity — 1) Is determined to have violated a prohibition in paragraph 1.a of this award term; or 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 1.a of this award term through conduct that is either— a) Associated with performance under this award; or b) Imputed to recipients or subrecipients using the standards and due processfor imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 C.F.R. Part 3000. DHS Standard Terms and Conditions Version 11.4 10 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4281-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions 2. Provision applicable to recipients other than a private entity. DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— a. Is determined to have violated an applicable prohibition in paragraph 1.a of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph 1.a of this award term through conduct that is either - 1) Associated with performance under this award; or 2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180,"OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 C.F.R. Part 3000. 3. Provisions applicable to any recipient. a. Recipients must inform DHS immediately of any information received from anysource alleging a violation of a prohibition in paragraph 1.a of this award term. b. It is DHS's right to terminate unilaterally that is described in paragraph 1.b or 2 of this section: 1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)),and 2) Is in addition to all other remedies for noncompliance that are available to us under this award. c. Recipients must include the requirements of paragraph 1.a of this award term inany subaward made to a private entity. 4. Definitions. For the purposes of this award term: a. Employee: means either: 1) An individual employed by a recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 2) Another person engaged in the performance of the project or program underthis award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. b. Forced labor. means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. Private entity: means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes: DHS Standard Terms and Conditions Version 11.4 11 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 2021 DHS Standard Terms and Conditions 1) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). 2) A for-profit organization. d. Severe forms of trafficking in persons, commercial sex act, and coercion are defined in TVPA, Section 103, as amended (22 U.S.C. § 7102). XXXIII. Universal Identifier and System of Award Management 1. Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. 2. Definitions For purposes of this term: 1. System forAward Management (SAM): means the federal repository into which a recipient must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found on SAM.gov. 2. Unique Entity Identifier: means the identifier assigned by SAM to uniquely identify business entities. 3. Entity: includes non -Federal entities as defined at 2 C.F.R. § 200.1 and includes the following, for purposes of this part: a. A foreign organization; b. A foreign public entity; c. A domestic for-profit organization; and d. A federal agency. 4. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which a recipient received this award and that the recipient awards to an eligible subrecipient. a. The term does not include the recipients' procurement of property and services needed to carry out the project or program (for further explanation, see 2 C.F.R. § 200.330). b. A Subaward maybe provided through any legal agreement, including an agreement that a recipient considers a contract. 5. Subrecipient means an entity that: a. Receives a subaward from the recipient under this award; and b. Is accountable to the recipient for the use of the federal funds provided bythe subaward. DHS Standard Terms and Conditions Version 11.4 12 February 17, 2021 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-C032F665DOA0 2021 DHS Standard Terms and Conditions XXXIV. USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. XXXV. Use of DHS Seal. Loao and Flaas Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXVI. Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. 4304 and 4310. DHS Standard Terms and Conditions Version 11.4 13 February 17, 2021 \1 El 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 O cn O V 6 N . � d ca 9 O bo f� aQ r N C v Ln O cd Qnt=CL =O o � °�° o `~03 o y c ` -d �o 3 °—' in Lnn cci j 0 O N O _ �•" 'C s O N N c N 4� U Q "C N O U m con u) + U cd +1 con ELn CIO c� U U O ,cts U 0 s "O O n C4 o cu sem, U 0 cd b�A �� O O O Ocz U O O O U O O 'C U cn O .y I a> � � bA i c3 m Lot ID Ln CU to N o It O O 9 LL O o L7 U Q W o W U O W U GQ P� U A U o o v� x x ❑ ❑ ❑ ❑ z ❑ ❑ ❑ w ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ z P.Z a) Q O c W c m U) Z, U O Q DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 B North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Erik A. Hooks, Secretary MEMORANDUM TO: Erik Miller — Grants Branch Manager FROM: Greg Hauser — Communications Branch Manager SUBJECT: Communications equipment grant requirements DATE: April 12, 2021 Michael A. Sprayberry, Executive Director In an effort to align communications technologies with current statewide communications plans, systems, networks, strategies and emerging technologies, the Communications Branch requires that purchases made with U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) federal financial assistance to include the Emergency Management Performance Grant (EMPG), Emergency Management Performance Supplemental Grant (EMPG-S), and the Homeland Security Grant (HSGP) meet the below standards. Included are the equipment identifiers as listed on the FEMA Authorized Equipment List (AEL) that are allowable. Radio purchases (06CP-01-BASE, 06CP-01-MOBL, 06CP-01-PORT) Radio purchases can be classified into three parts; portable (handheld), mobile (vehicular/desktop) or console/consolette (software/infrastructure). These radios must have the following capabilities, i.e. the feature must be purchased and present in the radio: • Capable of operating on a P25 radio system/network • Capable of operating in a P25 Phase II (TDMA) environment • Capable of passing and receiving AES/256-bit encryption • Capable of utilizing more than one encryption key Further information is available at: haps://www.dhs.gov/science-and-technology/approved-grant-eli_ibg le -equipment If a radio purchase is requested for other, non -P25 networks the following are NOT eligible: • Wouxun handheld or mobile radios (multiband) • Baofeng handheld or mobile radios (multiband) Any other wireless device outlined in the FEMA "Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim)" dated August 3, 2020 (attached) and effective August 13, 2020. https://www.fema.gov/sites/default/files/documents/fema prohibitions- expending-fema-award-funds-covered-telecommunications-equipment-services.pdf Public Alerting Software Platforms (04AP-09-ALRT) Public alerting software platforms are a means of alerting citizens of emergencies. There are two distinct functions that a software platform provides. There is a citizen sign up option for notifications and a wireless emergency alerting (WEA) function. The WEA function alerts smartphones and devices based on geographic location through the Integrated Public Alert and Warning System (IPAWS). Please make MAILING ADDRESS: OFFICE LOCATION: 4236 Mail Service Center 1636 Gold Star Drive A Raleigh, NC 27699-4236 Raleigh, NC 27607 www.ncdps.gov/ncem Telephone: (919) 825-2500 An Equal Opportunity Employer DocuSign Envelope ID: 0706A280-7D3A-4261-9448-CO32F665DOA0 sure the purchasing agency is a North Carolina/FEMA approved public alerting authority (PAA). If purchasing software, it must be identified on the attached "List of Alert Software Providers (AOSP) That Have Successfully Demonstrated Their IPA WS Capabilities." Voice Gateway Devices (06CP-02-BRDG) Gateway devices are used to bridge disparate voice sources together to create a single line of communications. This can include radio, voice over IP, smart device application, etc. These devices are NOT allowed to be permanently mounted at Public Safety Answering Points (PSAP), tower sites or network rooms to permanently patch disparate radio systems. If a permanent patch is required, written permissions must be obtained from all system administrators. Once this is completed, the requestor must obtain approval from the grant's manager through an email. This email should include the Communications Branch Manager and their NCEM Area Coordinator. If you have any questions, please do not hesitate to contact me at 919-618-0536 or greg.hauserkncdps.gov . DocuSign Envelope ID:0706A280-7D3A-4261-9448-CO32F665DOA0 Attachment 6 DocuSign Envelope ID: 0706A280-7D3A-4261-9448-C032F665DOA0 Subrecipient Monitoring Subrecipient is subject to monitoring by Recipient in accordance with the provisions of 2 CFR 200.332. A. Recipient may assess Subrecipient's risk of noncompliance with applicable laws, rules, regulations, policies and guidelines, and with the terms and conditions of this award, per 2 CFR 200.332(b). 1. This includes the application and award process when Subrecipient was selected to receive this award, and it continues throughout the life of the award, such as ensuring Subrecipient remains eligible to receive funding as specified in Funding Eligibility Criteria. 2. Subrecipient's prior experience with other grant awards by/through Recipient may also be included in the risk assessment. 3. Depending on the risk, additional conditions may be imposed on this award at any time per 2 CFR 200.332(c). 4. Subrecipient's activities may be continually monitored as necessary to ensure that this award is used for authorized purposes and in compliance with all applicable laws, rules, regulations, polices and guidelines, per 2 CFR 200.332(d). B. Monitoring will include Recipient reviewing all financial, performance and/or or cost reports - including all requests for reimbursement (and associated invoices and proof of payment) - submitted by Subrecipient as required in this MOA. 1. Recipient will also review all other documentation required to be submitted by Subrecipient in this MOA, including equipment lists and inventories, after action reports for exercises, training course rosters and descriptions, all contracts and subcontracts executed by Subrecipient with funds from this award, and all project closeout documents. 2. All documentation required to be retained by Subrecipient in this MOA, including all required Subrecipient file documentation per 2 CFR 200.334, is also subject to review and monitoring by Recipient (see File Retention). 3. Any/all reports and audits required to be filed under federal and state law as specified in State of North Carolina Reporting Requirements and Audit Requirements are also subject to review and monitoring by Recipient. C. Any required documentation, reports or requests for reimbursement submitted late, incompletely, inaccurately and/or with discrepancies may elevate the risk status of Subrecipient and cause additonal monitoring, imposition of additional award conditions, return of funds, negative determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR 200.339 (see Compliance). 1. This includes any/all reports and audits required to be filed under federal and state law as specified in State of North Carolina Reporting Requirements and Audit Requirements. 2. Failure to timely file complete and accurate audits and reports required under federal and state law may subject Subrecipient to additional monitoring and the full range of remedies for noncompliance specified in Compliance. D. Any findings or corrective actions identified in Subrecipient audits specifically related to this award may elevate the risk status of Subrecipient and cause additonal monitoring, imposition of additional award conditions, return of funds, negative determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR 200.339 (see Compliance). DocuSign Envelope ID:0706A280-7D3A-4261-9448-CO32F665DOA0 1. Such audit findings and corrective actions must be appropriately resolved by Subrecipient and are subject to monitoring, follow-up and verification by Recipient. 2. Recipient may issue a Management Decision for applicable audit findings pertaining specifically to this award per 2 CFR 200.332 and 2 CFR 200.521, in addition to any Management Decisions issued by Subrecipient. E. Depending on the risk, Subrecipient monitoring may include, but is not limited to, the following measures: training and technical assistance, site visits, desk reviews, and audits (in addition to the audits specified in Audit Requirements.