FY23 EMERG MGT HAZARDOUS MAT EMERG PREPAREDNESS 693JK32240027HMEP For Official Use Only
HMEP 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
Hazardous Materials Emergency Preparedness
(HMEP)
Fiscal Year 2022
CFDA #: 20.703
Grant #: 693JK32240027HMEP
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 #: 2260010 Award amount: $10,000.00
NCAS cost center: 1501-8073-3CB2 Period of performance: October 1, 2022 to September 30, 2023
1. Purpose
The purpose of this MOA is to establish responsibilities and procedures to implement the terms of the US
Department of Transportation (USDOT), Pipeline and Hazardous Materials Safety Administration (PHMSA),
HMEP Grant Program. More information about the HMEP grant program is available at:
https://www.phmsa.dot.gov/grants/hazmat/hazardous-materials-emergency-preparedness-hmep-grant and
https://www.grants.gov/search-grants.html?cfda=20.703.
This MOA is to set forth terms by which RECIPIENT (NCEM on behalf of the State of North Carolina) shall
provide HMEP funding to SUBRECIPIENT for projects related to emergency management planning, training and
exercise that pertain specifically to transportation of hazardous materials. 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 and the Hazardous Materials Emergency Preparedness Grant Program (HMEP) are governed by the
following: (1) The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 5101 et. seq.; (2) 49 Code of
Federal Regulations (C.F.R.) Part 110.; (3) Emergency Planning Community Right-To-Know Act (EPCRA), 42
U.S.C. § 11001 et. seq., specifically including EPCRA Section 303 regarding planning activities; (4) 2 CFR Part
200; (5) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5144 et. seq.; (6) where
applicable, it will comply with Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., Davis-Bacon Act, 40 U.S.C. §§ 276a to 276a-7,
Sections 306 and 508 of the Clean Air Act, 42 U.S.C. § 1857(h) and § 1368, Executive Order 11738, the Americans
With Disabilities Act; (7) 42 U.S.C. § 12001 et. seq., the Anti-kickback (Copeland) Act of 1934, 18 U.S.C. Section
874 and 40 U.S.C. Section 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally
financed or assisted construction activities,; (7) the Hatch Act, which limits the political activity of employees; (8)
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2022 HMEP Notice of Funding Opportunity (NOFO); (9) applicable HMEP Grant Financial Management, HMEP
Grant Programmatic Management and HMEP Application Guidance posted on the PHMSA HMEP website; 10) the
N.C. Emergency Management Act, Chapter166A of the North Carolina General Statutes; 11) NFPA 472 core
competencies and/or OSHA 29 CFR 1910.120 regarding training activities. Attachment 5 is an overview of the
2022 HMEP grant program.
The funds awarded under this grant must be used in compliance with all applicable federal, state, and local laws and
regulations. By accepting this award, 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.
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 period of performance (POP) for this grant is October 1,
2022 – September 30, 2023. 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 of $10,000.00. 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
8 below regarding compliance.
4. Funding eligibility criteria
Federal funds administered through the RECIPIENT are available to local governments to assist in the cost of
developing and maintaining a Hazardous Material Emergency Management program. Continued HMEP funding is
contingent upon completion of all HMEP funding requirements. The following eligibility criteria must be adhered
to during the grant program:
A. SUBRECIPIENT must:
i. Be established as a state or local government agency by appropriate resolution/ordinance.
ii. SUBRECIPIENT must have a Unique Identity ID (UEID) prior to any funds being released. UEID may be
obtained from http://www.sam.gov.
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, and UEID up to date in SAM, and the UEID
used in SAM must be the same one used to apply for all federal awards. SAM information can be found at
http://www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore, it is
imperative that the information is correct.
iv. Complete any procurement(s) and expenditures and submit all requests for reimbursement to RECIPIENT no
later than September 30, 2023.
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v. Submit requests for reimbursement with all required documentation attached. Requests for reimbursement
will not be processed unless SUBRECIPIENT is in compliance with all requirements of this MOA. See
paragraph 7.E below.
B. File Retention (see Attachment 4 “SUBRECIPIENT Filing System”)
SUBRECIPIENT is required to maintain all records of this grant for three years after termination of the grant, or
audit if required, or longer where required by law, as outlined below. SUBRECIPIENT must meet the record
retention requirements in 2 CFR 200.334 and must maintain a file for each HMEP grant award. However, if any
litigation, claim or audit has been initiated prior to the expiration of the three-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 and/or USDOT/PHMSA for site visits, project closeout and audits:
i. Resolution/ordinance establishing SUBRECIPIENT as a state or local government, or nonprofit organization.
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 HMEP 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.
iv. No Match Requirement. SUBRECIPIENT is not required to provide matching funds in cash or in-kind for
this award. All required match is provided by RECIPIENT.
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 1501-
8073-3CB2 in the North Carolina Accounting System (NCAS).
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 provide assurance that grant funds will not be used to supplant or replace local or
state funds or other resources that would otherwise have been available for hazardous materials transportation
preparedness activities. SUBRECIPIENTs may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
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7. 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 HMEP 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 HMEP Grant Program funds in accordance with the FY2022 HMEP
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
applicable PHMSA HMEP guidance.
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
HMEP NOFO, Appendix II of 2 CFR Part 200-Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards, and the and HMEP Expenditures Guide.pdf (dot.gov). 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 federal 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; PHMSA 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 NCEM HAZMAT
programmatic team hazmat@ncdps.gov. RECIPIENT will reimburse SUBRECIPIENT for eligible costs as
outlined in the applicable PHMSA program guidelines and FY2022 HMEP NOFO. SUBRECIPIENT must take
possession of all purchased equipment and receive any grant-eligible service prior to seeking reimbursement
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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, 2023.
G. Maintain Required SUBRECIPIENT File Documentation as specified in this MOA (Attachment 4).
H. Comply with the applicable federal statutes, regulations, policies, guidelines, requirements and certifications as
outlined in the FY 2022 HMEP NOFO and associated guidance.
I. 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.
J. 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, USDOT and/or PHMSA, 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, USDOT and/or PHMSA, 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
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accordance with disposition requirements in 2 CFR 200.313. SUBRECIPIENT must provide
documentation that includes the method used to determine current fair market value.
K. Property and Equipment. Property and equipment purchased with HMEP funds shall be titled to
SUBRECIPIENT, unless otherwise specified by NCEM, USDOT and/or PHMSA. SUBRECIPIENT shall be
responsible for the custody and care of any property and equipment purchased with HMEP 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 HMEP 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 USDOT 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 DOT and PHMSA, 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.
L. Indirect Costs. No indirect or administrative costs will be charged to this award. See 2 CFR 200.332(a).
M. 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.
N. 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, 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 USDOT, PHMSA and/or NCEM involved in the administration
of this grant award.
iii. Federal Law – Procurement. Per 2 CFR 200.318, 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
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officers, employees, and agents of the SUBRECIPIENT may neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts. However, SUBRECIPIENTs may
set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item
of nominal value. The standards of conduct must provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of the SUBRECIPIENT. All
SUBRECIPIENTs must disclose in writing to NCEM, and attempt to avoid, any real or potential conflicts
of interest with respect to procurement, contracting and subcontracting with funds provided under this grant
award. Upon request, SUBRECIPIENTs must also provide a copy of their standards of conduct policy
covering conflicts of interest with respect to procurement, contracting and subcontracting with funds
provided under this grant award.
O. SUBRECIPIENT must have an acceptable local travel regulation plan or accept the state travel regulations.
Refer to 2 CFR 200.475 for travel costs.
8. Compliance
SUBRECIPIENT shall comply with applicable federal, state, and/or local 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 applicable FY2022 HMEP 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 2 for
SUBRECIPIENT monitoring.
9. Funding
All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from USDOT,
PHMSA, and RECIPIENT 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 the applicable USDOT Program Guidelines, which include,
but may not be limited to, the FY 2022 HMEP NOFO and the HMEP Expenditures Guide.pdf (dot.gov), 2 CFR
Parts 200 Subpart E, , Federal Acquisition Regulations (FAR) Part 31.2, and OMB Circulars A-21. Allowable costs
are also subject to the approval of the State Administrative Agent (SAA) for the State of North Carolina, the
Secretary of the North Carolina Department of Public Safety (NCDPS).
Food allowances must have prior written approval from NCEM HAZMAT. Water is an allowable expense.
10. Taxes
SUBRECIPIENT shall be considered to be an independent SUBRECIPIENT and as such shall be responsible for
ALL taxes. There shall be no reimbursement for taxes incurred by the SUBRECIPIENT under this grant.
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, the SUBRECIPIENT will hold RECIPIENT harmless for any liability and
personal injury that may occur from or in connection with the performance of this MOA to the extent permitted by
the North Carolina Tort Claims Act. Nothing in this MOA, express or implied, is intended to confer on any other
person any rights or remedies in or by reason of this MOA. This MOA does not give any person or entit y 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.
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12. State Property
If RECIPIENT purchases any real or personal property or items with HMEP funds and allows SUBRECIPIENT to
use such property, SUBRECIPIENT shall be responsible for the custody and care of such property, and shall
reimburse the RECIPIENT for any loss or damage to said property until the property is disposed of in accordance
with HMEP program requirements.
13. 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.
14. Audit Requirements
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 14.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).
15. SUBRECIPIENT Monitoring
See Attachment 2 for SUBRECIPIENT monitoring.
16. Points of Contact
To provide consistent and effective communication between SUBRECIPIENT and the NCEM, each party shall
appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and
implementing this MOA. The NCEM contact shall be, Assistant Director - Administration, the NCEM Grants
Management Branch Staff, the NCEM Field Branch Staff, and NCEM HAZMAT programmatic team
hazmat@ncdps.gov. The SUBRECIPIENT point of contact shall be the person designated by the SUBRECIPIENT.
All confidential information of either party disclosed to the other party in connection with the services provided
hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses
contemplated by the terms of this MOA. Any information to be treated as confidential must be clearl y marked as
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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.
17. 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 PHMSA 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.
18. 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 7.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 FY 2022 HMEP NOFO referenced herein.
19. 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.
20. Antitrust Laws
All signatories of this MOA will comply with all applicable state and federal antitrust laws.
21. Other Provisions/Severability
Nothing in this MOA is intended to conflict with current laws or regulations of NCDPS NCEM or the
SUBRECIPIENT. 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.
22. 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.
23. Modification
This MOA may be amended only by written amendments duly executed by the RECIPIENT and the
SUBRECIPIENT.
24. Certification of Eligibility--Under the Iran Divestment Act
Pursuant to G.S. 147-86.60, 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
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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 9/30/2023. Either
party upon thirty (30) days advance written notice to the other party may terminate this MOA.
Upon approval by USDOT, PHMSA and the issuance of the Grant Adjustment Notice (GAN), if this MOA is
extended, the termination date for the extension will be the date listed in the applicable USDOT, PHMSA Grant
Adjustment Notice, incorporated by reference herein. If USDOT suspends or terminates funding in accordance
with 2 CFR 200.339 – 200.340 and the FY 2022 HMEP NOFO, incorporated by reference herein, the
SUBRECIPIENT shall reimburse NCEM for said property and/or expenses.
26. 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, federal grant RECIPIENTs and SUBRECIPIENTs may not use any federal funds under
open or new awards to procure certain covered telecommunications equipment or services.
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 public safety, security of Government facilities, physical security surveillance of critical infrastructure, and
other national security purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
C. Telecommunications or video surveillance services provided by such entities or using such equipment.
Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the
People’s Republic of China.
26. Budget and Scope of Work
SUBRECIPIENT shall implement the HMEP Grant project summarized below and as described in the approved
project application. That application is hereby incorporated by reference into this MOA.
A. Scope of Work Summary
i. See Attachment 1 for a detailed Scope of Work description.
ii. Completed appropriate report forms with invoices and proof(s) of payment.
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iii. Audit findings and corrective action plans.
B. Documentation to be provided throughout the Period of Performance of the grant:
i. Copy of legal action if SUBRECIPIENT is involved in legal action that pertains to Planning and Training
(including exercises) purchased with HMEP grant funds.
ii. After action report (AAR) from exercise
iii. Training course description and course roster
iv. A copy of a plan created or rewritten with HMEP grant funds
v. Equipment location/maintenance/training records
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 or 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 (no taxes, see paragraph 10).
C. Reports to be provided at the conclusion of work (if applicable
i. SUBRECIPIENT is involved in legal action that pertains to Planning and Training (including exercises)
with HMEP
ii. After action report (AAR) from exercise
iii. Training course description and course roster
iv. A copy of a plan created or rewritten with HMEP grant funds
v. Equipment location/maintenance/training records
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 non-
discrimination in Federally-Assisted Programs of 2 CFR 200.300 and applicable North Carolina regulations as
they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein
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incorporated by reference and made a part of this contract.
B. Nondiscrimination: The SUBRECIPIENT, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, sex, or national origin in the selection and retention of
SUBRECIPIENTs, including procurements of materials and leases of equipment. The SUBRECIPIENT shall
not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the SUBRECIPIENT for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential SUBRECIPIENT or
supplier shall be notified by the SUBRECIPIENT of the SUBRECIPIENTs obligations under this contract and
the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.
D. Information and Reports: The SUBRECIPIENT shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the RECIPIENT or the Research and Special
Programs Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a SUBRECIPIENT is in the exclusive possession of another
who fails or refuses to furnish this information the SUBRECIPIENT shall so certify to the RECIPIENT or the
Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to
obtain such information.
E. Sanctions for Noncompliance: In the event of the SUBRECIPIENTs noncompliance with nondiscrimination
provisions of this contract, the RECIPIENT shall impose contract sanctions as it or the Research and Special
Programs Administration may determine to be appropriate, including, but not limited to:
i. Withholding of payments to the SUBRECIPIENT under the contract until the SUBRECIPIENT complies.
ii. Cancellation, termination, or suspension of the contract, in whole or in part.
F. Incorporation of Provisions: The SUBRECIPIENT shall include the provisions of every subcontract, including
procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant 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 must comply with Title VI of the Civil Right Act of 1964, which provides that no person in the
United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied
benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.
SUBRECIPIENT must comply with 49 CFR Part 21, “Nondiscrimination in Federally- Assisted Programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964.” 49 CFR Part 21 will be
incorporated by reference into any award under this program. 49 CFR Part 21 available at: https://www.ecfr.gov/ by
clicking on Title 49 CFR Part 21.
SUBRECIPIENT 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, 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.
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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 the Federal Agency
or the official to whom he delegates specific authority to give reasonable guarantee that is, other RECIPIENTs,
SUBRECIPIENTs, contractors, subcontractors, transferees, successors in interest, and other participants of
federal financial assistance under such program will comply with all requirements imposed or pursuant to the
Act, the Regulations and this assurance.
F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the
Act, and Regulations, and this assurance.
This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans,
contracts, property, discounts or other federal financial assistance extended after the date hereof to the
RECIPIENT and is binding on it, other RECIPIENTs, SUBRECIPIENTs, contractors, subcontractors,
transferees, successors in interest and other participants in this federal 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 federal 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
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use the premises in compliance with all other requirements imposed by or pursuant 2 CFR 200.300,
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
B. That in the event of breach of any of the above nondiscrimination covenants, SUBRECIPIENT shall have the
right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued.
C. That in the event of breach of any of the above nondiscrimination covenants, SUBRECIPIENT shall have the
right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon
revert to and vest in and become the absolute property of SUBRECIPIENT and its assigns.
* Reverted clause and related language to be used only when it is determined that such a clause is necessary in
order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
31. Assurance of Compliance with Privacy Act
The SUBRECIPIENT agrees:
A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there under,
when performance under the program involves the design, development, or operation of any system or records
on individuals to be operated by the SUBRECIPIENT, its third-party SUBRECIPIENTs, contractors, or their
employees to accomplish a federal function.
B. To notify the federal agency when the SUBRECIPIENT or any of its third-party contractors, subcontractors,
SUBRECIPIENTs, or their employees anticipate a system of records on behalf of federal agency 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 federal 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 federal function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable fedeal
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 federal agency.
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, 2022 to the
end of the POP on September 30, 2023.
35. Statement of Assurances
SUBRECIPIENT must complete Office of Management and Budget (OMB) Standard Form 424B Assurances –
Non-Construction Programs,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. See Attachment 3.
36. Attachments
All attachments to this Agreement are incorporated as if set out fully herein.
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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.
This MOA includes the following attachments or documents incorporated by reference as if fully set out herein:
Attachment 1 Scope of Work
Attachment 2 SUBRECIPIENT Monitoring
Attachment 3 Statement of Assurances
Attachment 4 SUBRECIPIENT Filing System
Attachment 5 HMEP Overview
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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 as to Form
By: ________________________________
William Polk, Deputy General Counsel
Reviewed for the North Carolina
Department of Public Safety, to fulfill the
purposes of this grant program
Date: __________________
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: __________________
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12/14/2022 | 14:41:46 EST
12/28/2022 | 16:13:25 EST
1/3/2023 | 09:01:39 EST
Attachment 1
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North Carolina Emergency Management
Preparedness Grant s Application
Fiscal Year 2022
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
28403
Email tersmith@nhcgov.com
EIN/Tax ID number 56-6000324
DUNS number 040029563
SAM registered Yes Expiration date 7/13/2022
Your name Teresa Smith
Are you authorized to apply for grants on behalf of the applying agency? Yes
Field help
Grants point of contact
Grants point of contact
This is the focal point for any ongoing communications regarding the grants. There is an opportunity to override
this contact for any specific grant.
Name Teresa Smith
Agency New Hanover County Emergency Management
Title Emergency Management Technician
Phone (work) 910-798-6906 Phone (mobile) 910-515-9508
Street address 230 Government Center Drive, Suite 115
City Wilmington ZIP + 4 28403
Email tersmith@nhcgov.com
Field help
EM program manager
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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
Title Deputy County Manager
Street address (not PO box) 230 Government Center Drive, Suite 195
City Wilmington ZIP + 4 28403
Email tburgess@nhcgov.com
Field help
Projects
Enter requested project information for each grant checked under Grants selection.
EMPG
HMEP
Enter requested information in the sections listed below.
Point of contact (Complete only if different from point of contact in Contacts section.)
MOA signatory (Complete only if different from MOA signatory in Contacts section.)
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Project information
General information
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Title Hazardous Material Emergency Preparedness Grant
Description HMEP Grant FY 21-22
Goal Improve planning/response in complex hazmat incidents
Scope Joint/regional
Request RRT participation Yes
Core capabilities addressed
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Primary Operational Coordination
Secondary Public Information and Warning
Project timeline milestones
List the major project events and their completion dates.
Milestone Completion Date
Application Deadline 12/2021
Grant Award 10/2021
Exercise Planning Kick-off Meeting 11/2022
Initial Planning Meeting 1/2023
Mid-term Planning 3/2023
Final Planning Meeting 5/2023
Various Exercise Completed 9/2023
AAR Discussions/Costs Reports 10/2023
Field help
Budget
Costs
For each cost item select an activity area and then enter a description and the cost amount.
Activity area Description Amount
Exercises Hire a consultant to conduct training/exercises 8000.00
Planning Supplies, Printed material 2000.00
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Total cost $10,000.00
Field help
Additional information (if needed)
Add any information not accommodated by the application form here. I have left this field broad due to
being able to use these funds for specialty training classes, which will be determined from the outcome
of the current TTX, as well as continuing to conduct exercises.
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Project information
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These funds will be used to continue hazmat training/exercise with hazardous material chemical industry
partners in the county. We will continue to build off the current HazMat TTX to evolve into other training
opportunities, if needed, which will be determined by the AAR from the HazMat TTX. We will consider
additional training classes in addition to functional exercises which we will build off the AAR from the previou s
HazMat TTX. The plan is to create a continual three-year training/exercise planning cycle within the LEPC which
represents New Hanover and Pender Counties. New Hanover and Pender Counties are continually working with
local and regional partners to build our efficiencies in Preparedness/Prevention, Response, Recovery and
Mitigation areas within emergency disasters.
North Carolina Tier II Competitive
North Carolina Tier II Noncompetitive
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 equip ment
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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Subrecipient Monitoring
Subrecipient is subject to monitoring by Recipient in accordance with the provisions of 2 CFR 200.332.
A. Recipient may assess Subrecipient’s risk of noncompliance with applicable laws, rules, regulations,
policies and guidelines, and with the terms and conditions of this award, per 2 CFR 200.332(b).
1. This includes the application and award process when Subrecipient was selected to receive
this award, and it continues throughout the life of the award, such as ensuring Subrecipient
remains eligible to receive funding as specified in Funding Eligibility Criteria.
2. Subrecipient’s prior experience with other grant awards by/through Recipient may also be
included in the risk assessment.
3. Depending on the risk, additional conditions may be imposed on this award at any time per
2 CFR 200.332(c).
4. Subrecipient’s activities may be continually monitored as necessary to ensure that this
award is used for authorized purposes and in compliance with all applicable laws, rules,
regulations, polices and guidelines, per 2 CFR 200.332(d).
B. Monitoring will include Recipient reviewing all financial, performance and/or or cost reports -
including all requests for reimbursement (and associated invoices and proof of payment) -
submitted by Subrecipient as required in this MOA.
1. Recipient will also review all other documentation required to be submitted by
Subrecipient in this MOA, including equipment lists and inventories, after action reports
for exercises, training course rosters and descriptions, all contracts and subcontracts
executed by Subrecipient with funds from this award, and all project closeout documents.
2. All documentation required to be retained by Subrecipient in this MOA, including all
required Subrecipient file documentation per 2 CFR 200.334, is also subject to review and
monitoring by Recipient (see File Retention).
3. Any/all reports and audits required to be filed under federal and state law as specified in
State of North Carolina Reporting Requirements and Audit Requirements are
also subject to review and monitoring by Recipient.
C. Any required documentation, reports or requests for reimbursement submitted late, incompletely,
inaccurately and/or with discrepancies may elevate the risk status of Subrecipient and cause
additonal monitoring, imposition of additional award conditions, return of funds, negative
determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR
200.339 (see Compliance).
1. This includes any/all reports and audits required to be filed under federal and state law as
specified in State of North Carolina Reporting Requirements and Audit
Requirements.
2. Failure to timely file complete and accurate audits and reports required under federal and
state law may subject Subrecipient to additional monitoring and the full range of remedies
for noncompliance specified in Compliance.
D. Any findings or corrective actions identified in Subrecipient audits specifically related to this award
may elevate the risk status of Subrecipient and cause additonal monitoring, imposition of additional
award conditions, return of funds, negative determinations for future awards, and/or any other
remedy for noncompliance specified in 2 CFR 200.339 (see Compliance).
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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.
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Attachment 3
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OMB Approval No. 0348-0040
ASSURANCES - NON-CONSTRUCTION PROGRAMS
NOTE:
As the duly authorized representative of the applicant, I certify that the applicant:
Previous Edition Usable Standard Form 424B (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C.§§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally-assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
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SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
Standard Form 424B (Rev. 7-97) Back
Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C.§§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally-assisted
construction subagreements.
Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
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Attachment 2
Attachment 4
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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 grant award. The files must be available for review by the North Carolina Division of Emergency Management 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:
Training records and After-Action Reports (AAR) for Exercises
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.
Non-Federal entities must maintain the following documentation for federally funded purchases:
Specifications
Solicitations
Competitive quotes or proposals
Basis for selection decisions
Purchase orders
Contracts
Invoices
Canceled checks
Non-Federal entities should keep detailed records of all transactions involving the grant. NCEM may at any time request copies of
purchasing documentation along with copies of canceled 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 2
Attachment 5
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North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Eddie Buffaloe Jr., Secretary
William C. Ray, Director
MAILING ADDRESS: OFFICE LOCATION:
4236 Mail Service Center 1636 Gold Star Drive
Raleigh, NC 27699-4236 Raleigh, NC 27607
www.ncdps.gov/ncem Telephone: (919) 825-2500
An Equal Opportunity Employer
North Carolina Emergency Management Hazardous Materials Grants Overview
FY22 Hazardous Materials Emergency Preparedness Program (HMEP)
Purpose:
The HMEP grant program was established in 1990 by the Hazardous Materials Transportation
Uniform Safety Act. In 1993, PHMSA began issuing grants to assist States, Territories, and
Native American Tribes to "develop, improve, and carry out emergency plans" within the
National Response System and the Emergency Planning and Community Right-To-Know Act of
1986. The HMEP grant program is designed to allow grantees the flexibility to implement
training and planning programs that address differing needs for each location based on
demographics, emergency response capabilities, commodity flow studies, and hazard analysis.
Grant Amount:
Variable based on current year USDOT HMEP grant anticipated funds award.
Associated Deadlines:
October 1, 2021 – December 31, 2021
October 1, 2022 – September 30, 2023
1.Application period (90 days):
2.Grant Period of Performance (1 year):
3.U.S. DOT award: September 30, 2022
4. Award letter and MOA distributed to sub-recipients: December 10, 2022
5. Period of Performance Completion Reminder: August 30, 2023
6. Final cost report due: October 30, 2022
Grant Point of Contacts:
Mr. Cole Owen, Assistant State Hazardous Materials Manager
North Carolina Emergency Management
hazmat@ncdps.gov
919-825-2287
Derek Dorazio, Interim Grants Management Branch Manager
Division of Emergency Management
Derek.Dorazio@ncdps.gov
919-825-2332
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Eligible Project Activity:
1.Hazardous Materials Transportation Planning
a.Transportation Response Plans
b.Commodity Flow Studies
2.Hazardous Materials Transportation Training
a.Workshops
b.Training and exercises
c.Specialty transportation training courses
i.Chemistry of Hazardous Materials
ii.Railcar response courses
iii.Tanker response courses
iv.Contact NCEM for other suggestions and pre-approvals.
3.Equipment (non-operational only and must be a transportation focus)
a.Supplies and equipment for HMEP funded exercises and courses.
b.Cannot be used for actual response activities.
c.Note that equipment purchases must be pre-approved.
d.Food purchases must be pre-approved.
Ineligible Project Activities:
1.Joint Terrorism Task Force exercises
2.Tier II Chemical Inventory Reports
3.Fixed facility hazardous materials focused projects
4.Weapons of Mass Destruction training
5.Drug Lab training
6.Active shooter training
7.Equipment for response purposes.
8.Food for activities if not pre-approved.
Please contact the Grant Point of Contact for pre-approvals and questions.
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