FY23 RECOVERY MOA 4393-0039-RDocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5FOF2F8AA
STATE OF NORTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
AND
NEW HANOVER COUNTY
MEMORANDUM OF AGREEMENT (MOA)
MOA# 4393-0039-R County: New Hanover County
DPS Fund Code: 4393NCP00000395 Tax ID/EIN#: 56-6000324
MOA Amount: $ 1,011,236.00 DUNS #: 040029563
MOA Period of Performance: March 12, 2020 through March 12, 2023
This Memorandum of Agreement ("MOA" of "Agreement") is made is made on this date
7/13/2022 1 15 :14: 55 EDT ,by and between the County of New Hanover
("Municipality/County" or RECIPIENT/SUBGRANTEE), and the NORTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT
("NCEM" or AGENCY/GRANTEE).
WHEREAS, in a letter dated June 9, 2020, the Federal Emergency Management Agency
(FEMA) approved the Department of Public Safety, Division of Emergency Management State
Centric Plan for DR-4393, DR-4412, and DR-4465, incorporated by reference into this
Agreement as if fully set out herein, whereby the Division of Emergency Management will serve
as the Grantee and perform some of the tasks of the Subgrantee for subgrantees that opt in and
agree to participate in the State Centric Model;
WHEREAS, in a memorandum dated March 26, 2021, the Department of Public Safety,
Division of Emergency Management notified HMGP Subgrantees regarding the Hazard
Mitigation State Centric Implementation with attached State Centric Election Form for all North
Carolina Sub -Applicants (Subgrantees);
WHEREAS, City/County of New Hanover completed the State Centric Election Form for
all North Carolina Sub -Applicants (Subgrantees) and selected the Opt -In Section agreeing to
participate in the State Centric Model this 21 st day of June, 2021;
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WHEREAS, the North Carolina Emergency Management Act, N.C.G.S. § 166A-19 et.
sec. and N.C.G.S. §§ 143B-1000 and 166A-19.12(10) and (13) authorize the relationship as
described herein; and
WHEREAS, the North Carolina Emergency Management Act, N.C.G.S. § 166A-
19.12(25) authorizes the Division to contract for services from vendors specializing in housing
elevation, acquisition, demolition, and mitigation reconstruction on private residential structures
to implement the federal Hazard Mitigation Grant Program on behalf of the State or political
subdivisions; and
WHEREAS, the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE represent
that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience
to provide the services identified herein, and does agree to perform as described herein;
NOW, THEREFORE, the AGENCY/GRANTEE and the RECIPIENT/ SUBGRANTEE
do mutually agree as follows:
(1)
SCOPE OF WORK
AGENCY/GRANTEE and RECIPIENT/SUBGRANTEE shall implement the
Hazard Mitigation project summarized below and as described in the approved
project application (Project # 4393-0039-R) and in accordance with the State
Centric Plan. The approved project Application and the State Centric Plan are
hereby incorporated by reference into this Agreement as if fully set out herein.
The following is the approved Statement of Work (SOW) for the above
referenced project:
New Hanover County will acquire and demolish four (4) private residential
structure to return the land to green space.
Site Location:
Address
City
State
Zip
Latitude
Longitude
Code
1.
5116 Blue
Castle
NC
28429
34.339672
-7.872172
Clay Road
Hayne
2.
217 Pilgrim
Wilmington
NC
28401
34.28235
-77.91755
Circle
3.
1329 Avon
Wilmington
NC
28405
34.26814
-77.8661
Court
4.
510 Millhouse
Castle
NC
28429
34.33752
-77.87969
Road
Hayne
Total Estimated Management Costs $ 16.348.32
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(2) CONDITIONS
RECIPIENT/SUBGRANTEE shall:
1) Interface with homeowners to include but not limited to, coordination with
homeowners from application intake to project completion (phone calls, updates
to the homeowner, setting up appointments for contract workers to come to the
home to conduct work or attending meetings regarding contract work). In
accordance with the provisions of 42 U.S.C. 5155 (Section 312 of the Stafford
Act) duplication of benefits is prohibited. RECIPIENT/SUBGRANTEE shall
notify AGENCY/GRANTEE of the existence of any insurance coverage for the
costs identified in the approved project application, and of any entitlement to or
recovery of funds from any other source for the project costs, including Small
Business Administration funding, Minimum Home Repair funds and other
Federal, State and private funding.
2) Coordinate with local leaders and community government officials including
but not limited to, answering routine questions and updates locally, forwarding
questions to the State if needed and coordinating meetings with the State and local
leadership.
3) Coordinate with the AGENCY/GRANTEE, Contractors and homeowners as
needed.
4) RECIPIENT/SUBGRANTEE shall take part in all pre -construction, pre -
project and project update meetings with the contractor and the State to ensure
they are fully briefed on all aspects of the project and can provide estimated
timelines to their leadership and homeowners participating in the project. In order
to complete the project before the end of the period of performance established by
FEMA in the FEMA award letter, RECIPIENT/SUBGRANTEE shall provide its
Project Management Schedule to the AGENCY/GRANTEE that outlines
RECIPIENT/SUBGRANTEE's plan for completion and that track and
demonstrate completion of each task listed in the approved FEMA application by
the timeframe listed in the approved FEMA application.
The AGENCY/GRANTEE may require additional reports as needed. The
RECIPIENT/ SUBGRANTEE shall, as soon as possible, provide any additional
reports or documentation requested by the AGENCY/GRANTEE. The
AGENCY/ GRANTEE contact will be the Division of Emergency Management
Hazard Mitigation Grant Program Project Manager or Hazard Mitigation
Specialist for all reports and requests for reimbursement.
5) RECIPIENT/SUBGRANTEE shall be present at all closings (if an acquisition
project) in order to take title and possession of the properties acquired in the
project and maintain and utilize the properties in open space in perpetuity.
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RECIPIENT/SUBGRANTEE shall insure compliance with the Deed Restrictions
and flood insurance requirements for the properties.
6) Submit monthly reimbursement requests of billable hours spent conducting the
above tasks to the AGENCY/GRANTEE. Reimbursement request will be made
through the EM Grants or other approved management online system. Each
reimbursement at a minimum must include:
County Point Of Contact's (POC) Name
Task Being charged for (to include property address)
Rate for POC
Number of hours being reimbursed
To receive funds under this agreement, RECIPIENT/ SUBGRANTEE shall
complete the Designated Agent Form and forward it to the appropriate Division of
Emergency Management Hazard Mitigation Grant Program Project Manager or
Hazard Mitigation Specialist. If RECIPIENT/ SUBGRANTEE designates
different representatives or designated agents, RECIPIENT/ SUBGRANTEE shall
notify AGENCY/GRANTEE.
7) A standardized form will be used in the submission for these funds against
RECIPIENT/SUBGRANTEE Management Costs.
AGENCY/GRANTEE shall:
1) Provide oversight to all contract work and be the initial point of contact for the
RECIPIENT/SUBGRANTEE to get answers to questions on behalf of
homeowners or local leadership.
2) Process reimbursement requests for all billable time of the
RECIPIENT/SUBGRANTEE . If a reimbursement is returned for lack of
information or documentation, Hazard Mitigation (HM) Section Project Managers
(PM) will contact RECIPIENT/SUBGRANTEE POC to discuss what is missing
so corrections can be timely made and resubmitted for payment.
RECIPIENT/SUBGRANTEE must submit complete documentation acceptable to
the AGENCY/GRANTEE to receive reimbursement.
3) AGENCY/GRANTEE HM Section Leadership will be available to meet with
county leadership if any questions about the project need to be answered in a
public forum. RECIPIENT/SUBGRANTEE POC should notify HM Section
Leadership as far in advance as possible so schedules can be worked out to attend
county meetings.
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4) AGENCY/GRANTEE HM Section will coordinate contracts related to this
project, review Cost Reports for invoices incurred, and review and approve
eligible expenses against project.
5) AGENCY/GRANTEE HM Section will set up the Project Kick -Off Meeting
with RECIPIENT/SUBGRANTEE and Contractor to review the project budget,
project scope of work, project timelines/milestones and associated roles and
responsibilities between AGENCY/GRANTEE, RECIPIENT/SUBGRANTEE,
and Contractors.
(3) BUDGET AND FUNDING
(4)
AGENCY/GRANTEE, RECIPIENT/SUBGRANTEE, will review Cost Reports
for invoices incurred, and review and approve eligible expenses against project
DR-4393-0039-R, which is a sub -award in the Cost Center 2D530076.
Budget Information
Total: $ 1,027,584.00
HMGP funding shall only be used for those items specified in the scope of work
referenced above.
COMPENSATION
1) NCEM will provide the management cost funds to
RECIPIENT/SUBGRANTEE as allowed in section 5C2 of the State Centric Plan
from the allocation provided by FEMA for sub -recipient management costs in
Award Letter dated November 30, 2021.
Any funds not expended by the end of the period of performance are subject to
de -obligation provisions of Paragraph five (5) below.
(5) DEOBLIGATION
Pursuant to Paragraph 11 herein and the applicable federal regulations, including
but may not be limited to, 2 CFR 200.338, 200.339, 200.345, 200.346, NCEM
must disallow or de -obligate all remaining SUB -RECIPIENT Management costs
at the end of the project's period of performance.
(6) REIMBURSEMENT
All costs must be verified through time sheets and other appropriate
documentation, which document the employee's name, hours worked in support
of this grant, specified in detail in paragraph two (2) "Conditions"; the tasks
performed on each property, and the employee's pay rate. Payment shall be
submitted to the RECIPIENT/SUBGRANTEE after receipt of properly completed
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Requests for Reimbursement through EM Grants, within thirty (30) days after
receipt of completed time sheets.
(7) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
RECIPIENT/SUBGRANTEE and the AGENCY/GRANTEE shall be governed
by applicable State and Federal laws, rules, regulations, guidance, and policies.
(8) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement.
Changes, which are mutually agreed upon, shall be valid only when reduced in
writing, duly signed by each of the parties hereto, and attached in the original of
this Agreement.
(9) RECORD KEEPING AND AUDITS
All financial and programmatic records, supporting documents statistical records
and other records of AGENCY/GRANTEE and RECIPIENT/ SUBGRANTEE
shall be retained pursuant to 2 C.F.R. Part 200, 09 NCAC Part 3M, and the
applicable Records Retention Schedule. All original records pertinent to this
Agreement shall be retained by the AGENCY/GRANTEE and
RECIPIENT/SUBGRANTEE for five years following the date of termination of
this Agreement or of submission of the final closeout report or the applicable
Records Retention Schedule, whichever is later, with the following exceptions:
If any litigation, claim or audit is started before the expiration of the five-
year period and extends beyond the five-year period, the records will be
maintained until all litigation, claims or audit findings involving the
records have been resolved.
The RECIPIENT/SUBGRANTEE, its employees or agents, including all
subcontractors or consultants to be paid from funds provided under this
Agreement, shall allow access to its records at reasonable times to the
AGENCY/GRANTEE, its employees, and agents. "Reasonable" shall be
construed according to the circumstances but ordinarily shall mean during normal
business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday.
"Agents" shall include, but not be limited to, auditors retained by the
AGENCY/GRANTEE.
The AGENCY/GRANTEE and RECIPIENT/SUBGRANTEE agree to maintain
financial procedures and support documents and to establish and maintain a
proper accounting system to record expenditures of disaster assistance funds in
accordance with generally accepted accounting principles or as directed by the
Governor's Authorized Representative, to account for the receipt and expenditure
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of funds under this Agreement. If applicable, AGENCY/GRANTEE and
RECIPIENT/ SUBGRANTEE shall conduct audit(s) pursuant to the Single Audit
Act of 1984, 31 U.S.C. §7501 et. seq., 44 C.F.R. Part 14, OMB Circular A-133,
"Audits of States, Local Governments, and Non-profit Organizations," for awards
prior to December 26, 2014, 2 C.F.R. Part 200 and applicable North Carolina
laws, rules and regulations. Further, RECIPIENT/SUBGRANTEE must provide
a hard copy of the Single Audit Report within sixty (60) days of the close of its
fiscal year. Otherwise, pursuant to 2 CFR 200.338, the AGENCY/GRANTEE
may withhold or suspend payments under any grant award.
The RECIPIENT/SUBGRANTEE shall also provide the AGENCY/GRANTEE
with the records, reports or financial statements upon request for the purposes of
auditing and monitoring the funds awarded under this Agreement.
If applicable, the RECIPIENT/SUBGRANTEE shall provide the
AGENCY/GRANTEE with an annual financial audit report. The annual financial
audit report shall include all management letters and the
RECIPIENT/SUBGRANTEE'S response to all findings, including corrective
actions to be taken.
In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this
Agreement, the RECIPIENT/SUBGRANTEE shall be held liable for
reimbursement to the AGENCY/GRANTEE of all funds not spent in accordance
with the applicable regulations and Agreement provisions within thirty (30) days
after the AGENCY/GRANTEE has notified the RECIPIENT/SUBGRANTEE of
such non-compliance.
(10) LIABILITY
(a) Nothing in this Agreement, express or implied, is intended to confer on
any other person any rights or remedies in or by reason of this Agreement.
This Agreement does not give any person or entity other than the parties
hereto any legal or equitable claim, right or remedy. This Agreement is
intended for the sole and exclusive benefit of the parties hereto. This
Agreement is not made for the benefit of any third person or persons. No
third party may enforce any part of this Agreement or shall have any rights
hereunder. This Agreement does not create, and shall not be construed as
creating, any rights enforceable by any person not a party to this
Agreement.
(b) Except as otherwise provided in subparagraph (c) below, the RECIPIENT/
SUBGRANTEE shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this agreement, and shall save the
AGENCY/GRANTEE harmless against all claims of whatever nature by
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third parties arising out of the performance of work under this agreement.
For purposes of this agreement, RECIPIENT/SUBGRANTEE agrees that
it is not an employee or agent of the AGENCY/GRANTEE, but is an
independent contractor.
(c) RECIPIENT/SUBGRANTEE that is a state agency or subdivision, agrees
to be fully responsible for its own negligent acts or omissions or tortious
acts. Nothing herein is intended to serve as a waiver of sovereign
immunity by AGENCY/GRANTEE or any RECIPIENT/ SUBGRANTEE
to which sovereign immunity applies. Nothing herein shall be construed
as consent by a state agency or subdivision of the State of North Carolina
to be sued by third parties in any matter arising out of any contract.
(11) DEFAULT: REMEDIES: TERMINATION/OPT OUT
(a) If any of the following events occur ("Events of Default"), all obligations
on the part of the AGENCY/GRANTEE to make any further payment of
funds hereunder shall, if the AGENCY/ GRANTEE so elects, terminate,
and the AGENCY/GRANTEE may at its option exercise any of its
remedies set forth herein, but the AGENCY/GRANTEE may make any
payments or parts of payments after the happening of any Events of
Default without thereby waiving the right to exercise such remedies, and
without becoming liable to make any further payment:
1. If any warranty or representation made by the RECIPIENT/
SUBGRANTEE in this Agreement or any previous Agreement
with the AGENCY/GRANTEE shall at any time be false or
misleading in any respect, or if the RECIPIENT/SUBGRANTEE
shall fail to keep, observe or perform any of the terms or covenants
contained in this Agreement or any previous agreement with the
AGENCY/ GRANTEE and has not cured such in timely fashion,
or is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial
condition of the RECIPIENT/SUBGRANTEE at any time during
the term of this Agreement from the financial condition revealed in
any reports filed or to be filed with the AGENCY/GRANTEE, and
the RECIPIENT/ SUBGRANTEE fails to cure said material
adverse change within thirty (30) days from the time the date
written notice is sent by the AGENCY/GRANTEE;
3. If any reports required by this Agreement have not been submitted
to the AGENCY/GRANTEE or have been submitted with
incorrect, incomplete or insufficient information;
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4. If the necessary funds are not available to fund this agreement as a
result of action by the United States Congress, the N.C. General
Assembly, or the Office of State Budget and Management.
(b) Upon the happening of an Event of Default, then the AGENCY/
GRANTEE may, at its option, upon written notice to the RECIPIENT/
SUBGRANTEE and upon the RECIPIENT/ SUBGRANTEE's failure to
timely cure, exercise any one or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one of the following
remedies shall not preclude the AGENCY/GRANTEE from pursuing any
other remedies contained herein or otherwise provided at law or in equity:
Terminate this Agreement, provided that the RECIPIENT/
SUBGRANTEE is given at least fifteen (15) days prior written
notice of such termination. The notice shall be effective when
placed in the United States mail, first class mail, postage prepaid,
by registered or certified mail return receipt requested, to the
address set forth in paragraph (12) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any other rights or remedies which may otherwise be
available under law.
(c) The AGENCY/GRANTEE may terminate this Agreement for cause upon
such written notice to RECIPIENT/SUBGRANTEE of such termination
and specifying the effective date thereof, at least one (1) day before the
effective date of termination. Cause shall include, but not be limited to,
misrepresentation in the grant application, misuse of funds; fraud; lack of
compliance with applicable rules, laws and regulations; failure to perform
in a timely manner, and refusal by the RECIPIENT/SUBGRANTEE to
permit public access to any document, paper, letter, or other material
subject to disclosure under N.C. General Statutes.
(d) Suspension or termination constitutes final AGENCY/GRANTEE action.
Notification of suspension or termination shall include notice of
administrative hearing rights and time frames.
(e) The RECIPIENT/SUBGRANTEE shall return funds to the AGENCY/
GRANTEE if found in non-compliance with laws, rules, regulations
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governing the use of the funds or this Agreement.
(f) Notwithstanding the above, the RECIPIENT/SUBGRANTEE shall not be
relieved of liability to the AGENCY/GRANTEE by virtue of any breach
of Agreement by the RECIPIENT/SUBGRANTEE. The AGENCY/
GRANTEE may, to the extent authorized by law, withhold any payments
to the RECIPIENT/SUBGRANTEE for purpose of set-off until such time
as the exact amount of damages due the AGENCY/GRANTEE from the
RECIPIENT/ SUBGRANTEE is determined.
(12) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all
the information, representations, and materials submitted or provided by
the RECIPIENT/SUBGRANTEE, in the Application, in any subsequent
submission or response to the AGENCY/ GRANTEE request, or any
submission or response to fulfill the requirements of this Agreement, and
such information, representations, and materials are incorporated by
reference into this Agreement as if fully set out herein. The lack of
accuracy thereof or any material changes shall, at the option of the
AGENCY/GRANTEE and with thirty (30) days written notice to the
RECIPIENT/SUBGRANTEE, cause the termination of this Agreement
and the release of the AGENCY/ GRANTEE from all its obligations to the
RECIPIENT/ SUBGRANTEE.
(b) This Agreement shall be construed under the laws of the State of North
Carolina and venue for any actions arising out of this Agreement shall be
filed in State Court in Wake County, North Carolina. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise
unenforceable, then such provision shall be deemed null and void to the
extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) No waiver by the AGENCY/GRANTEE of any right or remedy granted
hereunder or failure to insist on strict performance by the RECIPIENT/
SUBGRANTEE shall affect or extend or act as a waiver of any other right
or remedy of the AGENCY/GRANTEE hereunder, or affect the
subsequent exercise of the same right or remedy by the
AGENCY/GRANTEE for any further or subsequent default by the
RECIPIENT/SUBGRANTEE. Any power of approval or disapproval
granted to the AGENCY/GRANTEE under the terms of this Agreement
shall survive the terms and life of this agreement as a whole.
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(13) SUBCONTRACTS
(14)
(a) If RECIPIENT/SUBGRANTEE subcontracts any or all of the tasks or
work required under this Agreement, the RECIPIENT/SUBGRANTEE
agrees to include in the subcontract that the subcontractor is bound by the
terms and conditions of this Agreement with the AGENCY/GRANTEE.
(b) The RECIPIENT/SUBGRANTEE agrees to include in the subcontract that
the subcontractor shall hold the AGENCY/GRANTEE and RECIPIENT/
SUBGRANTEE harmless against all claims of whatever nature arising out
of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law.
(c) If the RECIPIENT/SUBGRANTEE subcontracts, a copy of the executed
subcontract must be forwarded to the AGENCY/GRANTEE within ten
(10) days of execution of said subcontract.
(d) Contractual arrangement shall in no way relieve the RECIPIENT/
SUBGRANTEE of its responsibilities to ensure that all funds issued
pursuant to this grant be administered in accordance with all state and
federal requirements.
TERMS AND CONDITIONS
This Agreement and any exhibits and amendments annexed hereto and any documents
incorporated specifically by reference represents the entire Agreement between the
parties and supersedes all prior oral and written statements or agreements.
(15) STANDARD CONDITIONS
The AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE agree to be bound by
the following standard conditions:
(a) The State of North Carolina and AGENCY/GRANTEE'S performance and
obligation to pay under this Agreement is contingent upon an annual
appropriation by the North Carolina General Assembly and is contingent
upon Congress providing Hazard Mitigation Grant Program funds for
projects.
(b) If otherwise allowed under this Agreement, extension of an agreement for
contractual services shall be in writing and shall be subject to the same
terms and conditions set forth in the initial agreement.
(c) If RECIPIENT/SUBGRANTEE requires an extension of the current
Period of Performance (POP) for this project, then
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RECIPIENT/SUBGRANTEE must prepare and submit a Request For
Extension to the State Hazard Mitigation Officer no later than ninety (90)
days prior to the expiration of the POP for this award. The Request for
Extension must be on letterhead, provide all the required information
outlined in Part VI, Paragraph D.4.1 Extensions (pg. 86-87) in the Hazard
Mitigation Guidance (February 2015) and signed by the DA.
(d) The AGENCY/GRANTEE reserves the right to unilaterally cancel this
Agreement for refusal by the RECIPIENT/SUBGRANTEE to allow
public access to all documents, papers, letters or other material subject to
the provisions of the N.C. General Statutes and made or received by the
RECIPIENT/SUBGRANTEE in conjunction with the Agreement.
(16) LOBBYING PROHIBITION
No funds or other resources received from the AGENCY/GRANTEE in connection with
this Agreement may be used directly or indirectly to influence legislation or any other
official action by the N.C. General Assembly or any state department.
RECIPIENT/SUBGRANTEE shall comply with the Byrd Anti -Lobbying Amendment,
31 U.S.C. 1352 (as amended). If applicable, RECIPIENT/SUBGRANTEE must sign and
submit to the AGENCY/GRANTEE the Certification Regarding Lobbying, attached as
Attachment B, and incorporated by reference herein.
(17) DEBARMENT AND SUSPENSION
RECIPIENT/SUBGRANTEE certifies that it:
(1) Is not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal
court, or voluntarily excluded from participating in Federal or State grants
or awards by any Federal or State department or agency; and
(2) Has not within a three-year period preceding this contract been convicted
of or had a civilian judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph (2) above; and,
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(4) Has not within a three-year period preceding this application had one or
more public transactions (Federal, State, or local) terminated for cause or
default.
(18) LEGAL AUTHORIZATION
The RECIPIENT/SUBGRANTEE certifies with respect to this Agreement that it
possesses the legal authority to receive the funds to be provided under this Agreement
and that, if applicable, its governing body has authorized, by resolution or otherwise, the
execution and acceptance of this Agreement with all covenants and assurances contained
herein. The RECIPIENT/SUBGRANTEE also certifies that the undersigned possesses
the authority to legally execute and bind RECIPIENT/SUBGRANTEE to the terms of
this Agreement.
(19) ASSURANCES
The RECIPIENT/SUBGRANTEE shall comply with the requirements in the applicable
Assurances form, incorporated by reference into this Agreement as if fully set out herein.
(20) FEMA REQUIRED CONTRACT PROVISIONS
(21)
The RECIPIENT/SUBGRANTEE shall comply with the applicable FEMA Required
Contract Provisions, attached as Attachment A and incorporated by reference into this
Agreement as if fully set out herein.
HAZARD MITIGATION PLAN
If RECIPIENT/SUBGRANTEE is a local governmental entity, RECIPIENT/
SUBGRANTEE shall complete, adopt, and update an all -hazards mitigation plan in a
manner satisfactory to the State Hazard Mitigation Officer and in accordance with FEMA
and State requirements including but may not be limited to, 44 C.F.R. 201.6, 44 CFR
201.3, and N.C.G.S. 166A-19.41. The all -hazards mitigation plan shall be developed in
accordance with the minimum criteria for local hazard mitigation plans as determined by
the AGENCY/GRANTEE. The minimum criteria are incorporated by reference into this
Agreement as if fully set out herein.
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IN WITNESS WHEREOF, the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE have each executed this
Agreement, this the day of , 2022. 7/13/2022 1 15 :14 : 55 EDT
WITNESS:
WITNESS:
WITNESS:
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF PUBLIC SAFETY
BY: L),&. rw e.
WILLIAM C. RAY, DIRECTOR
DIVISION OF EMERGENCY MANAGEMENT
DATE 7/13/2022 1 12 : 32 : 52 EDT
BY: C-K&Ao e,,o. 11Oek-%-,,t,
CASANDRA S. HOEKSTRA
CHIEF DEPUTY SECRETARY ADMINISTRATION
DEPARTMENT OF PUBLIC SAFETY
DATE7/13/2022 1 15:14:55 EDT
BY: Auyi ,A. tNAA Vj�
MARTHA W YNE
DEPUTY CHIEF FINANCIAL OFFICER
FEDERAL EMPLOYER I.D. # 56-6000324
DATE 7/13/2022 1 10: 57: 20 EDT
APPROVED AS TO PROCEDURES:
BY:
SHARON MARSALIS, INTERIM BUDGET
DIRECTOR
DEPARTMENT OF PUBLIC SAFETY
DATE 6/17/2022 1 17:15 : 29 EDT
APPROVED AS TO FORM SUBJECT TO EXECUTION BY CASANDRA S. HOEKSTRA, CHIEF DEPUTY
SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY.
DEPARTMENT OF PUBLIC SAFETY
BY: UL We
DEPUTY GENERAL COUNSEL
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ATTACHMENT A: FEMA REQUIRED CONTRACT PROVISIONS,
FEMA RULES AND REGULATIONS (2 CFR Part 200, Appendix II)
To the extent applicable, the following are the requirements that RECIPIENT/SUBGRANTEE must
agree to in order to be awarded any contract under this MOA. If RECIPIENT/SUBGRANTEE is
unwilling to meet any of these requirements, RECIPIENT/SUBGRANTEE's submittal shall not be
considered.
No governmental non -competes. RECIPIENT/SUBGRANTEE shall not impose or enforce
any non -competition agreement upon the employees included in RECIPIENT/SUBGRANTEE's
proposal that would prevent those employees from accepting any offer of employment from the
State of North Carolina outside of the first Term of the Contract. By executing this MOA the
RECIPIENT/SUBGRANTEE affirms this condition, as directed in Section 6. Selection Criteria
of this MOA. This affirmation is a material condition for the State's award of any work under
this MOA.
Program Monitoring. RECIPIENT/SUBGRANTEE agrees to assist and cooperate with the
Federal grantor agency and State or their duly designated representatives in the monitoring of
the project or projects to which this contract relates, and to provide in form and manner
approved by STATE such monitoring reports, progress reports, and the like as may be required
and to provide such reports at the times specified.
3. Termination for Cause. If through any cause, RECIPIENT/SUBGRANTEE shall fail to fulfill in
a timely or proper manner any obligations under this Contract, or if RECIPIENT/SUBGRANTEE
shall violate any of the covenants, agreements, or stipulations of the Contract, State shall
thereupon have the right to terminate this Contract by giving written notice to
RECIPIENT/SUBGRANTEE of such termination and specifying the effective date of such
termination. Unless a shorter time is determined by State to be necessary, State shall effect
termination according to the following procedure:
a. Notice to Cure. State shall give written notice of the conditions of default, setting for
the ground or grounds upon which such default is declared ("Notice to Cure"). The
RECIPIENT/SUBGRANTEE shall have ten (10) days from receipt of the Notice to
Cure or any longer period that is set forth in the Notice to Cure to cure the default.
b. Notice of Termination. If the conditions set forth in the Notice to Cure are not cured
within the period set forth in the Notice to Cure, State may terminate the Contract, in
whole or in part. State shall give the RECIPIENT/SUBGRANTEE written notice of
such termination ("Notice of Termination"), specifying the applicable provision(s)
under which the Contract is terminated and the effective date of the termination.
c. In such event, all finished or unfinished documents, data, studies, and reports
prepared by RECIPIENT/SUBGRANTEE entitle RECIPIENT/SUBGRANTEE's
receipt of just and equitable compensation for any satisfactory work completed on
such documents. Notwithstanding the above, RECIPIENT/SUBGRANTEE shall not
be relieved of liability to State for damage sustained to State by virtue of any breach
of this Contract by RECIPIENT/SUBGRANTEE. State may withhold any payments to
RECIPIENT/SUBGRANTEE for the purpose of set off until such time as the exact
amount of damages due State from RECIPIENT/SUBGRANTEE is determined.
4. Funding Contingency. The awarded Contract may be suspended and/or terminated without
liability to the State if any grant is suspended or terminated, and unless and until the State
receives funds in an amount that is deemed sufficient to enable it to fund the Contract awarded,
the State is under no obligation to make any payments to the RECIPIENT/SUBGRANTEE.
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5. Equal Employment Opportunity. During the performance of this contract, the
RECIPIENT/SUBGRANTEE agrees as follows:
The RECIPIENT/SUBGRANTEE will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The RECIPIENT/SUBGRANTEE will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The RECIPIENT/SUBGRANTEE agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
The RECIPIENT/SUBGRANTEE will, in all solicitations or advertisements for employees
placed by or on behalf of the RECIPIENT/SUBGRANTEE, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
c. The RECIPIENT/SUBGRANTEE will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation
of such other employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the RECIPIENT/SUBGRANTEE's legal
duty to furnish information.
d. The RECIPIENT/SUBGRANTEE will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the said labor union or workers' representatives of the
RECIPIENT/SUBGRANTEE's commitments under this section, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
The RECIPIENT/SUBGRANTEE will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
f. The RECIPIENT/SUBGRANTEE will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
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In the event of the RECIPIENT/SUBGRANTEE's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules, regulations, or
orders, this contract may be canceled, terminated, or suspended in whole or in part and
the RECIPIENT/SUBGRANTEE may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
h. The RECIPIENT/SUBGRANTEE will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (a) through (h) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or
RECIPIENT/SUBGRANTEE. The RECIPIENT/SUBGRANTEE will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a RECIPIENT/SUBGRANTEE becomes involved in,
or is threatened with, litigation with a subcontractor or RECIPIENT/SUBGRANTEE as a
result of such direction by the administering agency, the RECIPIENT/SUBGRANTEE
may request the United States to enter into such litigation to protect the interests of the
United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of
RECIPIENT/SUBGRANTEEs and subcontractors with the equal opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may require
for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a
RECIPIENT/SUBGRANTEE debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon RECIPIENT/SUBGRANTEEs and
subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11,
Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or
refuses to comply with these undertakings, the administering agency may take any or all
of the following actions: Cancel, terminate, or suspend in whole or in part this grant
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(contract, loan, insurance, guarantee); refrain from extending any further assistance to
the applicant under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such applicant; and
refer the case to the Department of Justice for appropriate legal proceedings.
6. Anti -Discrimination. RECIPIENT/SUBGRANTEE will comply with the following clauses: Titles
VI and VII of the Civil Rights Act of 1964 (PL 88-352), and the regulations issued pursuant
thereto (prohibiting discrimination on the basis race, color, national origin and ensuring that
individuals are employed, and that employees are treated during employment, without regard
to their race, color, creed, national origin, sex, or age); Title IX of the Education Amendments
of 1972 (codified as amended at 20 U.S.C. § 1681 et seq.) (prohibiting discrimination on the
basis of sex); Titles I, II, III, IV, and V of the Americans with Disability Act of 1990 (prohibiting
discrimination on the basis of disability); Section 504 of the Rehabilitation Act of 1973 (codified
as amended at 29 U.S.C. § 794) (prohibiting discrimination on the basis of handicap); the Age
Discrimination Act of 1975 (codified as amended at 42 U.S.C. § 6101 et seq.) (prohibiting age
discrimination); Executive Order 11063 as amended by Executive Order 2259; and Section 109
of the Housing and Community Development Act of 1974, as amended.
7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Compliance with the Contract Work Hours and Safetv Standards Act.
a. Overtime requirements. No RECIPIENT/SUBGRANTEE or subcontractor contracting for
any part of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which
he or she is employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in 29 CFR §5.5(b)(1), the RECIPIENT/SUBGRANTEE and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
RECIPIENT/SUBGRANTEE and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in 29 CFR §5.5(b)(1), in the sum of $26 for each
calendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in 29 CFR §5.5(b)(1).
Withholding for unpaid wages and liquidated damages. State shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable on account of work performed by the
RECIPIENT/SUBGRANTEE or subcontractor under any such contract or any other Federal
contract with the same prime RECIPIENT/SUBGRANTEE, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime RECIPIENT/SUBGRANTEE, such sums as may be determined to be
necessary to satisfy any liabilities of such RECIPIENT/SUBGRANTEE or subcontractor for
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unpaid wages and liquidated damages as provided in the clause set forth in 29 CFR
§5.5(b)(2).
d. Subcontracts. The RECIPIENT/SUBGRANTEE or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (b)(1) through (4) of 29 CFR §5.5 and also
a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime RECIPIENT/SUBGRANTEE shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR §5.5(b)(2)
through (4).
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT.
( hnnn Air Art
a. The RECIPIENT/SUBGRANTEE agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. The RECIPIENT/SUBGRANTEE agrees to report each violation to the State and
understands and agrees that the State will, in turn, report each violation as required to
assure notification to the National Oceanic and Atmospheric Administration, and the
appropriate Environmental Protection Agency Regional Office.
c. The RECIPIENT/SUBGRANTEE agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided by
FEMA.
Federal Water Pollution Control Act
a. The RECIPIENT/SUBGRANTEE agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq.
b. The RECIPIENT/SUBGRANTEE agrees to report each violation to the State and
understands and agrees that the State will, in turn, report each violation as required to
assure notification to the National Oceanic and Atmospheric Administration, and the
appropriate Environmental Protection Agency Regional Office.
c. The RECIPIENT/SUBGRANTEE agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided by
FEMA.
9. Debarment and Suspension.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such, the RECIPIENT/SUBGRANTEE is required to verify that none of the
RECIPIENT/SUBGRANTEE's principals (defined at 2 C.F.R. § 180.995) or its affiliates
(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935).
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b. The RECIPIENT/SUBGRANTEE must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by State. If it is later
determined that the RECIPIENT/SUBGRANTEE did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State, the
Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment.
d. The RECIPIENT/SUBGRANTEE agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
10. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) (as Amended).
RECIPIENT/SUBGRANTEEs who apply or bid for an award of $100,000 or more shall file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an
employee of a Member of Congress in connection with obtaining any Federal contract, grant, or
any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the
awarding agency.
Required Certification. If applicable, RECIPIENTS/SUBGRANTEES must sign and submit to the
RECIPIENT/SUBGRANTEE the certification in Attachment B.
11. Procurement of Recovered Materials.
In the performance of this contract, the RECIPIENT/SUBGRANTEE shall make maximum
use of products containing recovered materials that are EPA -designated items unless the
product cannot be acquired—
• Competitively within a timeframe providing for compliance with the contract performance
schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
Information about this requirement, along with the list of EPA designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
c. The RECIPIENT/SUBGRANTEE also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.
12. Women and Minority Owned Businesses. 2 C.F.R. § 200.321 requires that all necessary
affirmative steps are taken by the State and RECIPIENT/SUBGRANTEE to assure that minority
and women's businesses are used when possible, and N.C. Gen. Stat. 143-128.2 establishes
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a ten percent (10%) goal for participation by minority and women owned businesses in total
value of work performed for the State.
13. Access to Records. The following access to records requirements apply to this contract:
a. The RECIPIENT/SUBGRANTEE agrees to provide State, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access
to any books, documents, papers, and records of the RECIPIENT/SUBGRANTEE which
are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts, and transcriptions.
b. The RECIPIENT/SUBGRANTEE agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
c. The RECIPIENT/SUBGRANTEE agrees to provide the FEMA Administrator or his
authorized representative access to construction or other work sites pertaining to the work
being completed under the contract.
d. In compliance with the Disaster Recovery Act of 2018, State and the
RECIPIENT/SUBGRANTEE acknowledge and agree that no language in this contract is
intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
e. RECIPIENT/SUBGRANTEE agrees to allow the departments and agencies of the State of
North Carolina, FEMA, the Comptroller General of the United States, and any of their duly
authorized representatives access to any books, documents, papers, and records of
RECIPIENT/SUBGRANTEE which are directly pertinent to the NCEM Program for the
purpose of making audits, examinations, excerpts, and transcriptions.
14. Records Retention. All records required to be kept on the project shall be maintained for at
least five (5) years after final payments and until all other pending matters under the grant for
this project have been closed. However, if any audit, litigation or other action arising out of or
related in any way to this project is commenced before the end of the five (5) year period, the
records shall be retained for one (1) year after all issues arising out of the action are finally
resolved or until the end of the five (5) year period, whichever is later.
15. Energy Efficiency. All participants in the projects funded hereby shall recognize mandatory
standards and policies relating to energy efficiency, which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (PL 94-
163).
16. Personnel. RECIPIENT/SUBGRANTEE represents that it has, or will secure at its own
expense, all personnel required in performing the work under this Contract. Such personnel
shall not be employees of or have any contractual relationship with State. All of the work
required hereunder will be performed by RECIPIENT/SUBGRANTEE or under its supervision,
and all personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under State and State law to perform such work. No person who is serving a
sentence in penal or correctional institution shall be employed to work under this Contract.
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17. Program Fraud and False or Fraudulent Statements or Related Acts.
RECIPIENT/SUBGRANTEE acknowledges that 31 U.S.C. Chapter 38 (Administrative
Remedies for False Claims and Statements) applies to its actions pertaining to the Contract.
18. No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the non -Federal entity,
RECIPIENT/SUBGRANTEE, or any other party pertaining to any matter resulting from the
contract.
19. Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The RECIPIENT/SUBGRANTEE will comply with all applicable Federal law,
regulations, executive orders, FEMA policies, procedures, and directives.
20. DHS, Seal, Logo, and Flags. The RECIPIENT/SUBGRANTEE shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific
FEMA pre -approval.
21. Davis -Bacon Act. If applicable, Compliance with the Davis -Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis -Bacon
Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be
applicable. The RECIPIENT/SUBGRANTEE shall comply with 40 U.S.C. 3141-3144, and
3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. RECIPIENT/SUBGRANTEE are required to pay wages to laborers and mechanics at a rate
not less than the prevailing wages specified in a wage determination made by the Secretary of
Labor.
c. Additionally, RECIPIENT/SUBGRANTEE are required to pay wages not less than once a
week.
22. Copeland Anti -Kickback Act. If applicable, Compliance with the Copeland "Anti -Kickback"
Act.
a. RECIPIENT/SUBGRANTEE. The RECIPIENT/SUBGRANTEE shall comply with 18 U.S.C.
§ 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which
are incorporated by reference into this contract.
b. Subcontracts. The RECIPIENT/SUBGRANTEE or subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all of these contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
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23. System for Awards Management. Vendor shall be responsible to ensure that it has checked
the federal System for Awards Management (SAM) https://www.sam.-gov/SAM/ and the
State Debarred Vendors Listing, https://ncadmin.nc.gov/documents/nc-debarred-vendors to
verify that Contractors or sub-Recipientshave not been suspended or debarred from doing
business with federal or State government.
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ATTACHMENT B: CERTIFICATION REGARDING LOBBYING (Appendix A, 44
C.F.R. Part 18)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, 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.
2. 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.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation 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.
The RECIPIENT/SUBGRANTEE, Martha Wayne, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
RECIPIENT/SUBGRANTEE understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any.
M wow,
Signature of RE IPIENT/SUBGRANTEE's Authorized Official
MARTHA WAYNE, DEPUTY CHIEF FINANCIAL OFFICER
Name and Title of RECIPIENT/SUBGRANTEE's Authorized Official
7/13/2022 1 10:57:20 EDT
Date
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ATTACHMENT C: SUBRECIPIENT MANAGEMENT COSTS
REIMBURSEMENT
Management Cost Reimbursement Request
County: Date: Project Number:
Amount of
Reimbursement
Employee Name Rate Activity Time Requested
Reimbursement
Facility Costs Cost Requested
Rent
Utilities
Rate Reimbursement
Vehicle # (58.5/m) Activity Total Miles Requested
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ATTACHMENT D: BEST PRACTICES: ACQUISITION, DEMOLITION, AND DEBRIS
REMOVAL STIPULATIONS FOR HMGP PROJECTS
North Carolina, Hurricane Florence (2/20/2019)
General Approach to Minimize Impact to Soil:
o Major demolition activities, including placement of vehicles and equipment, must be confined
to areas where soils have been previously disturbed as exemplified by surface grading and utility
trenching.
o When vehicles or heavy equipment are not in use, they shall be staged on hard or firm surfaces.
Paved surfaces, if available within the project site limits, shall be used to the fullest extent
possible.
o Vehicles and heavy equipment must work from paved or hard surfaces to avoid soil
compaction and/or sinking into soft soils. If necessary, use mud mats, access mats, or high
traction construction mats (e.g., timber, rubber) when operating on soft soils.
o Whenever possible, use tracked vehicles to reduce soil disturbance and minimize soil
compaction.
o Excavation and burial of debris on site is prohibited.
Activity Specific Guidelines:
o Debris Removal
• Avoid removal of trees. Instead cut trunks to ground level and leave root balls in place.
Removal of uprooted trees and woody debris from historic landscapes, historic parks,
undisturbed ground, and historic districts (but not along public rights -of -way) requires
additional historic review. Removal of standing trees will require consultation with
United States Fish and Wildlife Raleigh, NC office.
o Demolition
Foundation Removal
• Removal of all structure foundation and basement walls to at least one (1) foot below
the finish grade of the site. Excavation will be limited to within two (2) feet of the
foundation perimeter.
Slab/Driveway/Sidewalk Removal
• Limit excavation to private property: within one (1) foot of the slab/driveway/sidewalk
perimeter, and not more than one (1) foot below the depth of the asphalt/concrete to
minimize soil disturbance.
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Oil Tank Location/Removal
• Locate an underground storage tank (UST) (e.g., heating oil tank) using approved
methods, which include using a magnetometer, probe, or GPR system. Trenches are not
permitted.
• The Applicant is required to close an abandoned UST by having it cleaned to remove
residual materials (hazardous waste) and then backfilled with clean certified fill (e.g., dry
sand, gravel, or concrete) or digging -up and removing the tank (removing any
contaminated soil in the process). The contractor will limit potential soil disturbance that
may include using smaller machines with two (2) foot wide buckets.
Septic Tanks
• In septic tank decommissioning, the tank shall be disconnected from the main drain of
the house and any waste pumped out by tanker. The old tank is either completely
removed or, if left in place, disinfected, several holes punched into the bottom, and tank
filled using clean, suitable fill (sand, gravel, soil) and its cover and lid securely fastened.
If removed, the contractor will limit potential soil disturbance and dispose of the old tank
at a licensed or permitted waste disposal facility. The hole shall be filled with clean dirt,
gravel or other acceptable material. The area must be graded and vegetative cover
established.
o Utility Lines
• Abandoned utility lines (e.g., water, sewer, natural gas) shall be disconnected and
capped to meet safety or local code requirements. In cases where there are no shut-off
valves, limited excavation within the utility rights -of -way is allowed to cap these service
lines.
o Cemetery Buffer Zone
• Allow a 25 ft. buffer zone around cemeteries for all demolition projects.
Treatment of Unanticipated Discoveries:
o Archaeological Materials/Human Remains
• If human remains or archaeological features (e.g., middens, refuse/storage pits, privies,
wells, cisterns) are uncovered during ground disturbing activities, work shall stop
immediately in the vicinity of the discovery and all measures taken to avoid or minimize
harm to the fmds. The applicant will ensure that the archaeological discovery is secured
in place, access to the sensitive area restricted, and all measures taken to avoid further
disturbance. The applicant's contractor will immediately notify the applicant of the
discovery, with the applicant contacting the Office of State Archaeology
(OSA)/SHPO/THPO and FEMA within 24 hours of the discovery. The documentation
will be used by the agencies only for identification purposes and not duplicated or shared
(remain confidential in accordance with 36 CFR § 800.11(c)). Work in the vicinity of the
discovery may not resume until FEMA has completed consultation with OSA/SHPO,
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Tribes, and other consulting parties as necessary — whether the discovery warrants
additional examination and how to proceed in accordance with 36 CFR § 800.
• If human remains are encountered during permitted activities, all work shall stop, and
OSA/ SHPO/THPO and FEMA contacted immediately. In cases where human remains
are determined to be Native American, FEMA shall consult with the appropriate Tribal
representative(s), State Archaeologist and the Executive Director of the North Carolina
Commission of Indian Affairs, and SHPO. Additionally, FEMA shall follow the
guidelines outlined in the ACHP's "Policy Statement Regarding the Treatment of Burial
Sites, Human Remains, and Funerary Objects" (February 23, 2007) and any State -
specific policies that may be enforced.
Asbestos Abatement Requirements:
• An asbestos survey is required for each property to determine the presence of asbestos prior to
conducting a Hazard Mitigation and/or Public Assistance Project.
• Could be financially prudent for sub -grantee to contract all surveys within their area to one
contractor. This allows for seamless transition.
• Asbestos surveys can only be conducted by North Carolina accredited asbestos inspectors.
• All suspect friable and non -friable asbestos containing building materials (ACBM) must be
tested for asbestos content. Any material having laboratory results greater than 1 % asbestos is
considered asbestos -containing.
• The notification form, DHHS 3768, "Asbestos Permit Application and Notification for
Demolition/Renovation" is required to be submitted to the HHCU before
renovation/demolition activities begin that would involve the removal of at least 160 square
feet, 260 linear feet or 35 cubic feet of friable/regulated asbestos. This form is required ten
working days before the renovation/demolition activity can begin. Even if no asbestos was
identified during the asbestos survey, this form is still required ten working days before the
demolition activity begins.
Asbestos Continued, Other Issues:
• Burning associated with these guidelines is not allowed without first addressing the potential
for asbestos containing building materials. An asbestos inspection by a NC accredited person
and an approved notification form (DHHS-3768) will be required prior to any burning.
• Salvaging associated with these guidelines is not allowed without first addressing the potential
for asbestos containing building materials. An asbestos inspection by a NC accredited person
and an approved notification form (DHHS-3768) will be required prior to salvaging or
deconstruction activities.
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- Grinding associated with these guidelines is not allowed without first addressing the potential
for asbestos containing building materials. An asbestos inspection by a NC accredited
asbestos inspector and an approved notification form (DHHS-3768) will be required prior
to any grinding or chipping activities.
Lead Based Paint:
- The demolition contractor will be responsible for complying with the OSHA Lead in
Construction Standard 1926.62 when demolishing homes damaged by Hurricane Florence.
FEMA reserves the right to conduct unannounced field inspections and observe debris
removal activities to verify compliance with this "Best Practices" document. Failure to
comply with these stipulations may jeopardize the Applicant's receipt of federal funding.
FEMA, North Carolina Office of State Archaeology (OSA), State Historic Preservation
Office (SHPO), and Tribal Historic Preservation Office (THPO) have agreed that the
Applicant is responsible for ensuring that their demolition contractor adheres to these
work restrictions known as "Best Practices: Acquisition, Demolition, and Debris Removal
Stipulations for HMGP Projects," as part of FEMA Public Assistance and Hazard
Mitigation Grant Program eligible activities.
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