HomeMy WebLinkAboutFY23 EMPG MOA EMA-2022-EP-00005 executed For Official Use Only
EMPG MOA 2022 1 of 16
North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Eddie M. Buffaloe Jr., Secretary
William C. Ray, Director
Emergency Management Performance Grant
(EMPG)
Fiscal Year 2022
AL #:
Grant #: EMA-2022-EP-00005
Memorandum of Agreement (MOA)
between
RECIPIENT: SUBRECIPIENT:
State of North Carolina New Hanover County
Department of Public Safety 230 Government Center Drive
Emergency Management Wilmington, NC 28403-
1636 Gold Star Dr Tax ID/EIN #: 56-6000324
Raleigh, NC 27607 Unique Entity ID (from SAM.gov): F7TLT2GMEJE1
MOA #: 2220065 Award amount: Universal SatCom Optional
NCAS cost center: 1500-8016-3HD2 Federal $ 62,500.00 TBD TBD
Period of performance: State $ 0.00 TBD TBD
October 1, 2021 to September 30, 2024 Local $ 0.00 TBD TBD
Total $ 62,500.00 TBD TBD
1. Purpose
The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and procedures to implement
the terms and conditions of the US Department of Homeland Security (DHS) Emergency Management Performance
Grant (EMPG). More information about EMPG is available at:
https://www.fema.gov/grants/preparedness/emergency-management-performance. This MOA is to set forth terms by
which the Recipient, State of North Carolina, Department of Public Safety, North Carolina Emergency Management
(NCEM), shall provide EMPG funding to the Subrecipient to fund projects related to the FY22 EMPG program to
support the National Preparedness goal of a secure and resilient nation. For a more detailed description of the
approved scope of work see Attachment 1. The scope of work is the approved Application as submitted by
SUBRECIPIENT with any amendments approved by RECIPIENT.
2. Program Authorization and Regulations
This MOA is authorized under the provisions of:
A. Section 662 of the Post-Katrina Emergency Management Reform Act of 2006(PKEMRA), as amended, (Pub. L.
No. 109-295) (6 U.S.C. § 762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended
(Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as amended
(Pub. L. No. 95-124) (42 U.S.C. §§ 7701 et seq.); and the National Flood Insurance Act of 1968, as amended (Pub.
L. No. 90448) (42 U.S.C. §§ 4001 et seq.)
B. Department of Homeland Security Appropriations Act, 2022 (Pub. L. No. 117-103); Disaster Relief Supplemental
Appropriations Act, 2022, Pub. L. No. 117-43 (2021)
C. FY 2022 EMPG Notice of Funding Opportunity (NOFO):
https://www.fema.gov/grants/preparedness/emergency-management-performance/fy-22-nofo;
https://www.fema.gov/national-preparedness-system. https://www.fema.gov/media-collection/emergency-
management-performance-grant,
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D. Applicable FEMA Grant Programs Directorate Information Bulletins (see
https://www.fema.gov/grants/preparedness/about/informational-bulletins), and
E. NC Emergency Management Act, North Carolina General Statutes (N.C.G.S.) Chapter 166A.
The funds awarded under this grant must be used in compliance with all applicable federal, state, local and tribal laws
and regulations, including N.C.G.S. §§ 143C-6-21, 143C-6-22, 143C-6-23 and 09 NCAC 03M. By accepting this
award, the Subrecipient agrees to use these funds in a manner consistent with all applicable laws and regulations.
3. Compensation
Recipient agrees that it will pay Subrecipient compensation for eligible services to be rendered by Subrecipient.
Payment to Subrecipient for expenditures under this MOA will be reimbursed after Subrecipient’s cost report is
submitted and approved for eligible scope of work activity. Grant funds will be disbursed (according to the approved
project budget) upon receipt of evidence that funds have been invoiced, products or services received (i.e., invoices,
contracts, itemized expenses, etc.), and proof of payment is provided.
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
7 below regarding compliance.
RECIPIENT agrees that it will pay SUBRECIPIENT compensation for eligible services rendered by
SUBRECIPIENT. Payment to SUBRECIPIENT for expenditures under this MOA will be reimbursed after
SUBRECIPIENT’s cost report is submitted and approved for eligible scope of work activity. Grant funds will be
disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced, products
or services received (i.e., invoices, contracts, itemized expenses, etc.), and proof of payment is provided. These
documents must be submitted no later than the end of the period of performance (POP). The original signed copy of
this MOA must be signed by the Official(s) authorized to sign below and returned to North Carolina Emergency
Management no later than 45 days after the MOA has been submitted for execution.
This MOA shall be effective upon return of execution from SUBRECIPIENT and final approval by RECIPIENT.
Upon final approval of this MOA by RECIPIENT, the POP for this grant is October 1, 2021 – September 30, 2024.
Grant funds will be disbursed upon receipt of evidence that funds have been invoiced, products or services received,
and proof of payment is provided. Any unexpended grant funds remaining after POP revert to RECIPIENT.
A. SUBRECIPIENT understands and acknowledges that total funding level available under this MOA will not
exceed the awarded amount $62,500.00. SUBRECIPIENT acknowledges that they are further prohibited from
sub-granting these funds. Attachment 1 and any approved amendments constitute the approved scope of work for
this grant award.
B. Pursuant to N.C.G.S 143C-1-1, SUBRECIPIENT understands and agrees that funding shall be subject to the
availability of appropriated funds. However, in the event of MOA termination due to lack of adequate
appropriated funds, RECIPIENT will ensure that it will pay for services and goods acquired and obligated on or
before the notice of agreement termination.
C. SUBRECIPIENT must meet all funding requirements contained herein. Non-compliance may result in denial of
reimbursement request(s) or suspension/revocation of grant funds awarded for this project. See also paragraph 7
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 http://fedgov.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
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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 15th, April 15th, July 15th and October 15th.
vi. Submit requests for reimbursement with all required documentation attached.
vii. Match requirement. FY 2022 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 2022 EMPG NOFO, section
C.4 (Cost Share or Match) and section D.12 (Funding Restrictions and Allowable Costs) for additional
guidance. Other program guidance is available at https://www.fema.gov/grants/preparedness/emergency-
management-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 3 “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.
5. Conditions
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 2022 EMPG Application packet, incorporated by reference
herein. 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 RECIPIENT is duly authorized to commit SUBRECIPIENT to these requirements; that
costs incurred prior to the POP or after the POP (plus any approved extensions to the POP) will result in the expenses
being absorbed by SUBRECIPIENT; and that all agencies involved with this project understand that all federal funds
are limited to the federal period of performance.
A. SUBRECIPIENT must:
i. SUBRECIPIENT is required to have and maintain a current Unique Entity Identifier created in the System for
Award Management (SAM). Current SAM registrants have already been assigned their Unique Entity
Identifier and can view it within SAM.
ii. Ensure their organization is registered with SAM. Every applicant is required to have their name, address and
EIN up to date in SAM. SAM information can be found at http://www.sam.gov After April 4, 2022, the
Unique Entity Identifier in SAM becomes the official identifier for doing business with the U.S. Government.
iii. Complete any procurements, expenditures, and receipt of goods or services within the POP.
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iv. Match Requirement. SUBRECIPIENT is required to provide a match requirement of 50%, meaning every
federal dollar received requires SUBRECIPIENT to match dollar for dollar cash or in-kind.
v. SUBRECIPIENT must submit requests for reimbursement with all required documentation attached. Once
RECIPIENT is satisfied that SUBRECIPIENT has provided all required documentation, the requested
distributions can be processed for payment. The distributions of funds will be coded to cost center
1500-8016-3HD2 in the North Carolina Accounting System (NCAS). See paragraph 10.E .
B. Required Documents/Forms. SUBRECIPIENT must submit the following documents to RECIPIENT
(ncemgrants1@ncdps.gov) upon execution of this MOA:
i. W-9 (09 NCAC 03M .0202)
ii. Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202)
iii. Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-23.(c))
iv. Conflict of Interest Policy (G.S. 143C-6-23.(b))
v. Copy of SUBRECIPIENT’s procurement policy
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. EMPG funds may not
be used for costs that supplant traditional public safety positions and responsibilities. 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 2022 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. See Attachment 5 for subrecipient
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. RECIPIENT shall monitor the completion of the approved scope of work as specified in Attachment 1 and any
approved amendments.
D. RECIPIENT has obligated the funding for this MOA within 45 days of acceptance of the federal award by signing
this MOA.
SUBRECIPIENT:
A. This MOA must be signed and returned to NCEM within 45 days after SUBRECIPIENT receives this MOA. The
grant shall be effective upon return of the MOA.
B. SUBRECIPIENT shall expend FY 2022 EMPG Grant Program funds in accordance with the FY2022 EMPG
NOFO, the grant application, and this MOA.
C. Closeout Reporting Requirements. In accordance with 2 CFR 200.344, SUBRECIPIENT must submit to
RECIPIENT, no later than 30 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 2), incorporated by reference herein, for the performance of the
activities.
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D. Procurement.
i. 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.
ii. SUBRECIPIENT must follow procurement procedures and policies as outlined in the applicable FY2022
EMPG NOFO, Appendix II of 2 CFR Part 200-Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards, and the 2022 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.
iii. 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 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.
iv. Mini-Brooks Act. Subrecipients that are governmental entities or otherwise subject to the requirements of
the Local Government Commission (LGC) per 20 NCAC 03 are required under North Carolina law to follow
rules and regulations in the “Mini-Brooks Act”, G.S. 143-64.31, for the procurement of certain professional
services performed by architects, engineers, surveyors, and construction managers at risk.
E. Requests for Reimbursement (RFR). Submit RFR for items or services received to designated NCEM Grants
Manager and NCEM Grants Management Branch (ncemgrants1@ncdps.gov). RECIPIENT will reimburse
SUBRECIPIENT for eligible costs as outlined in the applicable DHS program guidelines and FY2022 EMPG
NOFO. SUBRECIPIENT must take possession of all purchased equipment and receive any grant-eligible service
prior to seeking reimbursement from RECIPIENT. SUBRECIPIENT must submit request for reimbursement
within 60 days of payment of invoice. Requests for reimbursement submitted more than 60 days after
SUBRECIPIENT payment of invoice may be denied.
RFR must include sufficient documentation that approved expenditures have been properly invoiced and paid by
SUBRECIPIENT, and that the products and/or services have in fact been received by SUBRECIPIENT. RFRs
must also include a cost report form (supplied by the RECIPIENT) and a summary of all expenditures included in
the RFR completed by SUBRECIPIENT. Summary of expenditures should include at a minimum: vendor name,
date of purchase, invoice number, total invoice amount, and reimbursable amount.
F. Complete all procurement by September 30, 2024.
G. Provide quarterly progress reports to NCEM Grants Branch using WebEOC (https://www.ncsparta.gov), by the
following dates: January 15th, April 15th, July 15th and October 15th.
H. EMPG Program recipients and subrecipients are required to implement National Incident Management System
(NIMS). EMPG Program recipients must use standardized resource management concepts for resource typing,
credentialing, and an inventory to facilitate the effective identification, dispatch, deployment, tracking, and
recovery of resources. Additional information about NIMS implementation is available at NIMS Implementation
and Training.
I. EMPG Program-funded deployable personnel are required to meet National Qualifications System (NQS)
certification requirements (https://www.fema.gov/emergency-managers/nims/components/nqs-supplemental-
documents).
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J. Comply with the applicable federal statutes, regulations, policies, guidelines, requirements and certifications as
outlined in the FY 2022 EMPG NOFO and Subaward Notification, and DHS Standard Terms and Conditions
(Attachment 2).
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,
https://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.
Per 09 NCAC 03M, agencies shall not disburse any state financial assistance to an entity that is on the Suspension
of Funding List (SOFL). OSBM maintains the SOFL. The SOFL is updated on a weekly basis. SUBRECIPIENT
is prohibited under this MOA from procurement, and/or contracting with any entity listed on the SOFL using
these grant funds.
L. All materials publicizing or resulting from award activities, including websites, social media and TV/radio, shall
contain this acknowledgement: “This project was supported by a federal award from the US Department of
Homeland Security, Department of Public Safety, North Carolina Emergency Management.” Use of the federal
program logo must be approved by DHS. Printed as a legend, either below or beside the logo shall be the words
“Funded by US Department of Homeland Security”.
M. SUBRECIPIENT shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of any
equipment procured pursuant to this 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.
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.
N. 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
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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 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.
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 and
DPR partners, 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.
O. Indirect Costs. No indirect or administrative costs will be charged to this award. See 2 CFR 200.332(a).
P. 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 4.
Q. 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 the approved scope of work specified in
Attachment 1 and any approved amendments, shall be the sole responsibility of SUBRECIPIENT and shall not be
reimbursed under this MOA.
R. Conflicts of Interest.
i. State Law. Per N.C.G.S. § 143C-6-23(b), SUBRECIPIENT is required to file with RECIPIENT a copy of
SUBRECIPIENT’s policy addressing conflicts of interest that may arise involving SUBRECIPIENT’s
management employees and the members of its board of directors or other governing body. The policy shall
address situations in which any of these individuals may directly or indirectly benefit, except as
SUBRECIPIENT’s employees or members of its board or other governing body, from RECIPIENT’s
disbursing of grant funds, and shall include actions to be taken by SUBRECIPIENT or the individual, or both,
to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before
RECIPIENT may disburse any grant funds.
ii. Federal Law – Grant Administration. Per 2 CFR 200.112 and the 2022 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 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.
iii. Federal Law – Procurement. Per 2 CFR 200.318 and the 2022 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
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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.
S. 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.gov/grants/preparedness/preparedness-grants-ehp-compliance.
T. 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 FY2022 NSGP 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-grants 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 SUBRECIPIENT under this grant.
If eligible, SUBRECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use
taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-164.14; and (b) exclude all refundable
sales and use taxes from all reported expenditures.
11. Warranty
As an independent subrecipient, 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 nongovernmental entity (including
non-profit organizations) that receives state or federal pass-through grant funds from state 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. Government entities including counties and local governments are not required to file these reports .
Refer to “State Grant Compliance Reporting Forms” on the following website for instructions and applicable forms
for nongovernmental subrecipients (including non-profit organizations) to meet these requirements:
https://www.ncdps.gov/our-organization/emergency-management/emergency-management-grants/grants-
management-compliance
13. Audit Requirements
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For all federal grant programs, SUBRECIPIENT is responsible for obtaining audits in accordance with 2 CFR 200
Subpart F.
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 the 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 (DPS_GrantComplianceReports@ncdps.gov) 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 13.A. above.
C. Make copies of the single audit available to the public.
Per 09 NCAC 03M.0205, a non-state entity that is not exempt from the requirements of SUBCHAPTER 03M –
UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL ASSISTANCE per 09 NCAC 03M.0201,
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 non-state entity’s fiscal year end submit to DPS Internal Audit
(DPS_GrantComplianceReports@ncdps.gov) a single audit prepared and completed in accordance with Generally
Accepted Government Auditing Standards (GAGAS): https://www.gao.gov/yellowbook.
If SUBRECIPIENT is a unit of local government in North Carolina, SUBRECIPIENT may be subject to the audit and
reporting requirements in N.C.G.S. 159-34, Local Government Finance Act – Annual Independent Audit, rules and
regulations. Such audit and reporting requirements may vary depending upon the amount and source of grant funding
received by the SUBRECIPIENT and are subject to change (see Local Government Commission for more
information). See also 20 NCAC 03 (Local Government Commission).
14. Subrecipient Monitoring
See Attachment 5 for subrecipient monitoring.
15. Points of Contact
To provide consistent and effective communication between SUBRECIPIENT and RECIPIENT, each party shall
appoint a principal representative(s) to serve as its central point of contact (POC) 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. SUBRECIPIENT point of contact shall be the person
designated by SUBRECIPIENT. Each party shall keep the other apprised of changes to their POC.
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.
Information maintained by RECIPIENT in connection with this MOA and grant award is subject to the North
Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes and is subject to public records
requests through NCDPS.
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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 submitted to NCEM along with the RFR in accordance with SUBRECIPIENT responsibilities in
paragraph 10.E above. 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 letter Subaward Agreement incorporated by reference herein, as well as all terms,
conditions and restrictions of the FY2022 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 RECIPIENT and 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
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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
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 February 28, 2025.
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 2022 EMPG NOFO, incorporated by
reference herein, SUBRECIPIENT shall reimburse NCEM for said property and/or expenses.
26. Scope of Work
SUBRECIPIENT shall implement the project(s) specified in Attachment 1and as described in the approved project
application. That application is hereby incorporated by reference into this MOA.
A. Scope of Work related documentation to be provided throught the Period of Performance:
i. Completed appropriate report forms with invoices and proof(s) of payment.
ii. Audit findings and corrective action plans.
B. Documentation to be provided throughout the Period of Performance:
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 reports from exercises in accordance with Homeland Security Exercise and Evaluation Program
Doctrine (HSEEP). Subrecipients must submit AAR/IPs to hseep@fema.dhs.gov and copy their Regional
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EMPG Program Manager and indicate which fiscal year’s funds were used (if applicable). Submission of
AAR/IPs must take place within 90 days following completion of the single exercise or progressive series.
iv. Training course roster, description and syllabus.
v. All EMPG-funded personnel are expected to be trained emergency managers (see NQS above). Additionally,
all EMPG-funded personnel must complete the specific training requirements detailed on page H-12 of the
FEMA FY2022 Preparedness Grants Manual.
vi. Any other documentation that would be pertinent.
vii. 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.
viii. Proof of payment of expenses associated with the project.
27. Lobbying Prohibition
The Subrecipient certifies, to the best of its knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or
employee of any state or federal agency, a member of the NC General Assembly, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
28. Assurance of Compliance with Title VI of the Civil Rights 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,
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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
thereto. The contract shall take such action with respect to any subcontract or procurements as the Recipient or the
Research and Special Programs Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provide, however, that in the event a subrecipient becomes involved in, or is
threatened with, litigation with a subcontract or supplier as a result of such direction, the subrecipient may request
the Recipient to enter into such litigation to protect the of the Recipient and, in addition the subrecipient may
request the United States to enter such litigation to protect the interests of the United States.
29. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 - regulations
Subrecipient hereby agrees that as a condition to receiving any federal financial assistance from the DHS it will
comply with Title VI of the Civil Rights Act of 1964, 78 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
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under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this
assurance.
F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the
Act, and Regulations, and this assurance.
This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans,
contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient
by the DHS and is binding on it, other recipients, subrecipients, contractors, subcontractors, transferees,
successors in interest and other participants in the DHS Program. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of the recipients.
30. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 – deeds, licenses, permits, leases
The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by
Subrecipient executed in expending these grant funds:
A. The [Subrecipient, licensee, lessee, permittee, etc., as appropriate] for itself, herself/himself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event
facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license,
lease, permit, etc.] for a purpose for which a DHS program or activity is extended or for another purpose
involving the provision of similar services or benefits, the Subrecipient [licensee, lessee, permittee, etc.] shall
maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 2
CFR 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 pr emises 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,
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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,
development, or operation of a system of records on behalf of the DHS.
32. Certification Regarding Drug-Free Workplace Requirements (Subrecipients Other Than Individuals)
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 Governmentwide 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).
33. Execution
This MOA shall become binding upon execution by both RECIPIENT and SUBRECIPIENT.
34. Term of this Agreement
Regardless of actual execution date, this MOA shall be in effect from the start of the POP on October 1, 2021 to the
end of the POP on September 30, 2024.
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
(ncemgrants1@ncdps.gov) upon execution of this MOA. SUBRECIPIENT must still complete the appropriate
form(s) 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 DHS Standard Terms and Conditions
Attachment 3 Required Subrecipient File Documentation
Attachment 4 NCEM Communications Branch Memo
Attachment 5 Subrecipient Monitoring
DocuSign Envelope ID: 3268AF3D-B2E4-40CF-B0E4-CC5F6EE0539D
For Official Use Only
EMPG MOA 2022 16 of 16
AUTHORIZED SIGNATURE WARRANTY
THE UNDERSIGNED REPRESENT AND WARRANT THAT THEY ARE AUTHORIZED TO BIND THEIR
PRINCIPALS TO THE TERMS OF THIS MOA. IN WITNESS WHEREOF, RECIPENT AND SUBRECIPIENT
HAVE EACH EXECUTED THIS MOA AND THE PARTIES AGREE THAT THE MOA IS EFFECTIVE AS OF THE
POP START DATE, EVEN IF THIS MOA IS SIGNED BY ANY PARTIES AFTER THAT DATE.
For RECIPIENT:
Approved
By: ________________________________
William C. Ray, Director & Deputy
Homeland Security Advisor
North Carolina Department of Public Safety
Division of Emergency Management
Date: __________________
For SUBRECIPIENT:
Approved
By: ________________________________ Date: __________________
By: ________________________________ Date: __________________
By: ________________________________ Date: __________________
Approved as to Form:
By: ________________________________
William Polk, Deputy General Counsel
Reviewed for the North Carolina
Department of Public Safety to fulfill the
purposes of the DHS Emergency
Management Performance Grant
Date: __________________
DocuSign Envelope ID: 3268AF3D-B2E4-40CF-B0E4-CC5F6EE0539D
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STATE OF NORTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY
North Carolina Emergency Management
Physical Address: 4105 Reedy Creek Road, Raleigh, NC 27607
Emergency Management Performance Grant Program
Fiscal Year 2022
COST REPORT 1
Subrecipient: New Hanover County
Address: 230 Government Center Drive
Wilmington, NC 28403-
Federal ID #: 56-6000324
UEID #: F7TLT2GMEJE1
Branch: Eastern
Account #: EMPG local 2022
Grant period: October 1, 2021 - September 30, 2024
Grant file #: EMPG-2022-2220065
Funding worksheet
EMPG initial
amount
Universal (Base)
amount
Optional
amount
SATCOM
deductions
Balance to be
paid
Federal/State $62,500.00 $62,500.00 TBD TBD $0.00
Local match $62,500.00 $62,500.00 TBD TBD $0.00
Total $125,000.00 $125,000.00 TBD TBD $0.00
This is the first of two cost reports. This initial cost report reflects the Universal (Base) amount that your county is elig ible
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 2022 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 2023 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.
_______________________________________________________________ ______________
New Hanover County Finance Officer Authorized Signature Date
_______________________________________________________________ ______________
New Hanover County Authorized Signature Date
_______________________________________________________________ ______________
North Carolina Emergency Management Director's Approval Signature Date
_______________________________________________________________ ______________
Department of Public Safety Controller's Office Approval Date
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Attachment 1
DocuSign Envelope ID: 3268AF3D-B2E4-40CF-B0E4-CC5F6EE0539D
North Carolina Emergency Management
Preparedness Grant s 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 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: 3268AF3D-B2E4-40CF-B0E4-CC5F6EE0539D
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 lwurtzbacher@nhcgov.com
Field help
DocuSign Envelope ID: 3268AF3D-B2E4-40CF-B0E4-CC5F6EE0539D
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.
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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
emergency management personnel
214,232.38
All EMPG Program funds (federal and match) allocated towards non-local
emergency management personnel
0.00
Number of local emergency management personnel 6
Number of local emergency management personnel supported (fully or
partially) by the EMPG Program
6
Number of local emergency management FTE personnel supported (fully or
partially) by the EMPG Program
6
Names of all EMPG-supported personnel Steven Still, Anna McRay, Zak
Whicker, Audrey Hard, Bruce
Ellis and Teresa Smith
Have each of the named EMPG-supported personnel completed courses as
required by FEMA? See Field help.
No
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)
HMEP
North Carolina Tier II Competitive
North Carolina Tier II Noncompetitive
DocuSign Envelope ID: 3268AF3D-B2E4-40CF-B0E4-CC5F6EE0539D
Certification
Certification
Review each certification item and check where appropriate.
I certify that: ☒ This application includes complete and accurate information.
☒ No project (supported through federal and/or matching funds) having the potential
to impact Environmental or Historical Preservation (EHP) can be started without
the prior approval of FEMA, including but not limited to communications towers,
physical security enhancements, new construction, and modifications to buildings,
structures and objects that are 50 years old or greater. Applicant must comply with
all conditions placed on the project as the result of the EHP review. Any change to
the approved project scope of work requires re-evaluation for compliance with
these EHP requirements. Any activities that have been initiated without the
necessary EHP review and approval will result in a non-compliance finding and will
not be eligible for FEMA funding.
☒ In accordance with HSPD-5, the adoption of the National Incident Management
System (NIMS) is a requirement to receive federal preparedness assistance through
grants, contracts, and other activities. By submitting this grant application, you and
all participating entities are certifying that your locality/state agency is NIMS
compliant.
☒ Submission of the project proposal does not guarantee funding.
☒ Projects with funds allocated for equipment are required to check all equipment
purchases against the Allowable Equipment List.
(https://www.fema.gov/authorized-equipment-list).
☒ Any changes made to this grant application after the submission deadline must be
approved by the NCEM Grants Branch Manager, and an updated application must
be submitted.
☒ (EMPG only) Positions that are classified as sworn law enforcement officers may
not be funded through EMPG.
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Attachment 2
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Fiscal Year 2022 FEMA Standard Terms
and Conditions
Release Date:Mar 31, 2022
FEMA standard terms and conditions are updated each fiscal year (FY). This Fact
Sheet displays the FEMA standard terms and conditions for FY 2022. These
standard terms and conditions apply to all non-disaster financial assistance
awards funded in FY 2022.
1. Environmental Planning and Historic Preservation (EHP) Review
For awards by the Grant Programs Directorate
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review process.
This review does not address all federal, state, and local requirements.
Acceptance of federal funding requires the recipient to comply with all federal,
state and local laws. DHS/FEMA is required to consider the potential impacts to
natural and cultural resources of all projects funded by DHS/FEMA grant funds,
through its EHP review process, as mandated by: the National Environmental
Policy Act; National Historic Preservation Act of 1966, as amended; National
Flood Insurance Program regulations; and any other applicable laws and
executive orders. To access the FEMA EHP screening form and instructions, go to
the DHS/FEMA website. In order to initiate EHP review of your project(s), you
must complete all relevant sections of this form and submit it to the Grant
Programs Directorate (GPD) along with all other pertinent project information. The
EHP review process must be completed before funds are released to carry out the
proposed project; otherwise, DHS/FEMA may not be able to fund the project due
to noncompliance with EHP laws, executive orders, regulations, and policies.
If ground disturbing activities occur during construction, applicant will monitor
ground disturbance, and if any potential archeological resources are discovered
the applicant will immediately cease work in that area and notify the pass-through
entity, if applicable, and DHS/FEMA.
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For awards by other FEMA offices
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review process.
This review does not address all federal, state, and local requirements.
Acceptance of federal funding requires the recipient to comply with all federal,
state, and local laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural
resources of all projects funded by DHS/FEMA grant funds, through its EHP
review process, as mandated by the National Environmental Policy Act; National
Historic Preservation Act of 1966, as amended; National Flood Insurance Program
regulations; and any other applicable laws and executive orders. In order to initiate
EHP review of your project(s), you must submit a detailed project description
along with supporting documentation. The EHP review process must be
completed before funds are released to carry out the proposed project; otherwise,
DHS/FEMA may not be able to fund the project due to noncompliance with EHP
laws, executive orders, regulations, and policies.
If ground disturbing activities occur during construction, applicant will monitor
ground disturbance, and if any potential archeological resources are discovered
the applicant will immediately cease work in that area and notify the pass-through
entity, if applicable, and DHS/FEMA.
2. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to subrecipients as a matter
of law, regulation, or executive order. If the requirement does not apply to Indian
tribes or there is a federal law or regulation exempting its application to Indian
tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard
Terms and Conditions does not change or alter its inapplicability to an Indian tribe.
The execution of grant documents is not intended to change, alter, amend, or
impose additional liability or responsibility upon the Tribe where it does not already
exist.
3. Acceptance of Post Award Changes
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In the event FEMA determines that changes are necessary to the award
document after an award has been made, including changes to period of
performance or terms and conditions, recipients will be notified of the changes in
writing. Once notification has been made, any subsequent request for funds will
indicate recipient acceptance of the changes to the award. Please call the
FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-
GMD@fema.dhs.gov if you have any questions.
4. Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a
non-state recipient or non-state subrecipients, when that equipment is no longer
needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, you must request instructions
from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R.
section 200.313. State recipients and state subrecipients must follow the
disposition requirements in accordance with state laws and procedures.
5. Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must
request prior written approval from FEMA where required by 2 C.F.R. section
200.308.
For purposes of non-construction projects, FEMA is utilizing its discretion to
impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the
transfer of funds among direct cost categories, programs, functions, or activities.
Therefore, for awards with an approved budget where the federal share is greater
than the simplified acquisition threshold (currently $250,000), you may not transfer
funds among direct cost categories, programs, functions, or activities without prior
written approval from FEMA where the cumulative amount of such transfers
exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last
approved.
For purposes of awards that support both construction and non-construction work,
FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the
recipient to obtain prior written approval from FEMA before making any fund or
budget transfers between the two types of work.
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You must report any deviations from your FEMA approved budget in the first
Federal Financial Report (SF-425) you submit following any budget deviation,
regardless of whether the budget deviation requires prior written approval.
6. Indirect Cost Rate
2 C.F.R. section 200.210(a)(15) requires the terms of the award to include the
indirect cost rate for the federal award. If applicable, the indirect cost rate for this
award is stated in the budget documents or other materials approved by FEMA
and included in the award file.
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Attachment 2
Attachment 3
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Required Sub-Recipient File Documentation
Sub-grantee or sub-recipient must meet the financial administration requirements in 2 C.F.R Part 200 and must maintain a file for each
Homeland security grant award. The files must be available for review by the North Carolina Division of Emergency Management –
Homeland Security Branch Staff for site visits, project closeout and future audits.
Sub-grantee or sub-recipient must include appropriate documentation in the file, including but not limited to the following documents:
Grant Award and Memorandum of Agreement/ Memorandum of Understanding and Supporting Appendices
Completed appropriate cost report forms with invoices and proof(s) of payment
Audit Findings and Corrective Action Plans
Equipment Inventory records with photo documentation of labeling
Non-Federal entities are required to maintain and retain the following:
Backup documentation, such as bids and quotes.
Cost/price analyses on file for review by Federal personnel, if applicable.
Other documents required by Federal regulations applicable at the time a grant is awarded to a recipient.
FEMA requires that non-Federal entities maintain the following documentation for federally funded purchases:
Specifications
Solicitations
Competitive quotes or proposals
Basis for selection decisions
Purchase orders
Contracts
Invoices
Cancelled checks
Non-Federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of
purchasing documentation along with copies of cancelled checks for verification.
Non-Federal entities who fail to fully document all purchases will find their expenditures questioned and subsequently disallowed.
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Attachment 4
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MEMORANDUM
TO: Erik Miller – Grants Branch Manager
FROM: Greg Hauser – Communications Branch Manager
SUBJECT: Communications equipment grant requirements
DATE: August 8, 2022
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), Emergency
Management Performance American Rescue Plan Act Grant (EMPG-ARPA) and the Homeland Security
Grant (HSGP) meet the below requirements. The below requirements must also be met for those
purchases made with NCEM Capacity Building Competitive Grant (CBCG) funds. 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:
https://www.dhs.gov/science-and-technology/approved-grant-eligible-equipment
All radios purchased using the above noted grant sources shall have the VIPER statewide required
template in them. This template was approved by the Statewide Interoperability Executive Committee
(SIEC) on June 6th, 2021.
If a grant recipient chooses to operate in an encrypted environment, all radios purchased using the
above noted grant sources shall follow the SIEC Interoperable Radio Encryption Standard Operating
Guideline approved on May 28th, 2020.
If a radio purchase is requested for other, non-P25 networks the following are NOT eligible:
DocuSign Envelope ID: 3268AF3D-B2E4-40CF-B0E4-CC5F6EE0539D
2
• Wouxun handheld or mobile radios (multiband)
• Baofeng handheld or mobile radios (multiband)
• Any other wireless device outlined in the Federal Communication Commission’s (FCC) “List of
equipment and services covered in section 2 of the Secure Networks Act” This list is a result of
the passage of H.R.5515 - John S. McCain National Defense Authorization Act in 2019. Further
information can be found at https://www.fcc.gov/supplychain/coveredlist .
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
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 IPAWS 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 Greg Hauser at 919-618-0536 or
greg.hauser@ncdps.gov
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Attachment 5
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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
additional 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).
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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.
DocuSign Envelope ID: 3268AF3D-B2E4-40CF-B0E4-CC5F6EE0539D