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Home My WebLink AboutFY23 RECOVERY 4393-039-R & 4393-0057 TIME EXTENSION 10 March 2023 Martha Wayne Deputy Chief Financial Officer County of New Hanover 230 Government Center Dr. Ste 165 Wilmington, NC 28403 Reference: Hazard Mitigation Grant Program (HMGP) Project 4393 -0039-R County of New Hanover: Acquisition of four (4) Residential Structures –Period of Performance Extension Letter Dear Ms. Wayne, North Carolina Emergency Management (NCEM) is pleased to inform you that FEMA has approved the State’s Period of Performance Extension request for all DR-4393-NC projects, with the Period of Performance now extended to 12 March 2025. This letter will accompany the current Fully Executed Memorandum of Agreement as an attachment and updates the expired period of performance date on the fully executed memorandum of agreement/Grant Agreement. Further, all conditions of the original Grant Agreement/Memorandum of Agreement remain in affect to include current project budget, properties that are approved, reimbursement requirements, project execution requirements and conditions causing possible termination of the agreement. Finally, the extended date for the Period of Performance will be updated in EM Grants. Please contact your assigned NCEM Hazard Mitigation Project Manager if you have any questions. Steve McGugan State Hazard Mitigation Officer Assistant Director for Hazard Mitigation DocuSign Envelope ID: BFA4A271-7437-4777-8FDC-953690B64306DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 1 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 _______________________,, 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 21st day of June, 2021; DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AA 7/13/2022 | 15:14:55 EDT DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 2 WHEREAS, the North Carolina Emergency Management Act, N.C.G.S. § 166A-19 et. seq. 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 Code Latitude Longitude 1. 5116 Blue Clay Road Castle Hayne NC 28429 34.339672 -7.872172 2. 217 Pilgrim Circle Wilmington NC 28401 34.28235 -77.91755 3. 1329 Avon Court Wilmington NC 28405 34.26814 -77.8661 4. 510 Millhouse Road Castle Hayne NC 28429 34.33752 -77.87969 Total Estimated Management Costs $ 16,348.32 DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 3 (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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 4 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 RECIP IENT/ 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 5 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 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. (4) 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 DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 6 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 DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 7 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 DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 8 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; DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 9 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: 1. 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 DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 10 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 11 (13) SUBCONTRACTS (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. (14) 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 DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 12 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, DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 13 (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 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. (21) 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 14 IN WITNESS WHEREOF, the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE have each executed this Agreement, this the day of , 2022. CONTRACTING AGENCY DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF PUBLIC SAFETY WITNESS: ______________________________ BY: ______________________________________ WILLIAM C. RAY, DIRECTOR DIVISION OF EMERGENCY MANAGEMENT DATE WITNESS: ______________________________ BY: ______________________________________ CASANDRA S. HOEKSTRA CHIEF DEPUTY SECRETARY ADMINISTRATION DEPARTMENT OF PUBLIC SAFETY DATE WITNESS: ______________________________ BY: _______________________________________ MARTHA WAYNE DEPUTY CHIEF FINANCIAL OFFICER FEDERAL EMPLOYER I.D. # 56-6000324 DATE APPROVED AS TO PROCEDURES: BY: _______________________________________ SHARON MARSALIS, INTERIM BUDGET DIRECTOR DEPARTMENT OF PUBLIC SAFETY DATE 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: _________________________________ DEPUTY GENERAL COUNSEL DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AA 6/17/2022 | 17:15:29 EDT 7/13/2022 | 10:57:20 EDT 7/13/2022 | 12:32:52 EDT 7/13/2022 | 15:14:55 EDT 7/13/2022 | 15:14:55 EDT DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 15 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. 1. 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 th e 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. 2. 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 satisf actory 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 16 5. Equal Employment Opportunity. During the performance of this contract, the RECIPIENT/SUBGRANTEE agrees as follows: a. 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. b. 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. e. 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 17 g. 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 pursua nt 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 I I, 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 t his grant DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 18 (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 Safety 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). c. 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 DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 19 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 . Clean Air Act 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). DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 20 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. a. 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. b. 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 DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 21 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, w hich 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 per forming 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 22 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 23 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-Recipients have not been suspended or debarred from doing business with federal or State government. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 24 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. _____________________________________________ Signature of RECIPIENT/SUBGRANTEE’s Authorized Official MARTHA WAYNE, DEPUTY CHIEF FINANCIAL OFFICER Name and Title of RECIPIENT/SUBGRANTEE’s Authorized Official _______________ Date DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AA 7/13/2022 | 10:57:20 EDT DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 25 ATTACHMENT C: SUBRECIPIENT MANAGEMENT COSTS REIMBURSEMENT Management Cost Reimbursement Request County: Date: Project Number: Employee Name Rate Activity Time Amount of Reimbursement Requested Facility Costs Cost Reimbursement Requested Rent Utilities Vehicle # Rate (58.5/m) Activity Total Miles Reimbursement Requested DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 26 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 27 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 finds. 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, DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 28 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0039-R New Hanover County 29 • 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. DocuSign Envelope ID: 82A2262F-C022-47A1-8562-E0D2AF7D0C47DocuSign Envelope ID: BE3BC568-ABD2-4E94-8EED-57D5F0F2F8AADocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 10 March 2023 Martha Wayne Deputy Chief Financial Officer County of New Hanover 230 Government Center Dr. Ste 165 Wilmington, NC 28403 Reference: Hazard Mitigation Grant Program (HMGP) Project 4393 -0057-F County of New Hanover: Elevation of one (1) Residential Structure –Period of Performance Extension Letter Dear Ms. Wayne, North Carolina Emergency Management (NCEM) is pleased to inform you that FEMA has approved the State’s Period of Performance Extension request for all DR-4393-NC projects, with the Period of Performance now extended to 12 March 2025. This letter will accompany the current Fully Executed Memorandum of Agreement as an attachment and updates the expired period of performance date on the fully executed memorandum of agreement/Grant Agreement. Further, all conditions of the original Grant Agreement/Memorandum of Agreement remain in affect to include current project budget, properties that are approved, reimbursement requirements, project execution requirements and conditions causing possible termination of the agreement. Finally, the extended date for the Period of Performance will be updated in EM Grants. Please contact your assigned NCEM Hazard Mitigation Project Manager if you have any questions. Steve McGugan State Hazard Mitigation Officer Assistant Director for Hazard Mitigation DocuSign Envelope ID: BFA4A271-7437-4777-8FDC-953690B64306DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 1 STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT AND NEW HANOVER COUNTY MEMORANDUM OF AGREEMENT (MOA) MOA# 4393-0057 County: New Hanover DPS Fund Code: 4393DRNCP00000575 Tax ID/EIN#: 56-6000324 MOA Amount: $142,200.00 DUNS #: 040029563 MOA Period of Performance: March 12, 2020 through March 12, 2023 This Memorandum of Agreement (“MOA” of “Agreement”) is made on this date _______________________, 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 21st day of June, 2021; DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5 7/13/2022 | 16:02:54 EDT DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 2 WHEREAS, the North Carolina Emergency Management Act, N.C.G.S. § 166A-19 et. seq. 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 # 4393-0057) 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 elevate one (1) residential structure located within the boundaries of the Special Flood Hazard Area. Per the local County’s Ordinance, the structures will be elevated to the Base Flood Elevation (BFE), plus the applicable freeboard requirement. All structures proposed for elevation will be inspected and certified by an engineer to be structurally sound and capable of being elevated safely. The foundations will be designed to properly address all loads and be appropriately connected to the floor structure above. The elevation will be designed and implemented consistent with internationally-recognized engineering standards, and according to the standards outlined in the ASCE 24- 14. The elevated structures will be placed on a range of possible foundations, which include but are not limited to the following options (which will be delineated by a professional licensed engineer during the feasibility study). Elevation foundations will be either: piers, piles, columns or fill; foundation curtain wall with footings; reinforced concrete masonry unit (CMU) block walls. The depth of ground disturbance will be 12-24 inches. All construction will comply with the North DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 3 Carolina and local building code requirements and specifications. Environmental protection measures, such as sediment barriers, will be taken. Each site will be dressed and graded for positive drainage and ease of future maintenance. Site Location: Address City State ZIP Code Latitude Longitude 1. 237 Heritage Park Dr Wilmington NC 28401 34.280529 -77.916515 (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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 4 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. 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 5 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. 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 AGENCY/GRANTEE, RECIPIENT/SUBGRANTEE, will review Cost Reports for invoices incurred, and review and approve eligible expenses against project DR-4393-0057, which is a sub-award in the Cost Center 2D530076. Budget Information Total: $ 142,200.00 HMGP funding shall only be used for those items specified in the scope of work referenced above. (4) 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 June 2, 2022. 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 6 (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 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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 7 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 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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 8 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 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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 9 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; 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: 1. 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 10 (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 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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 11 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. (13) SUBCONTRACTS (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. (14) 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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 12 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 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, DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 13 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, (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 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. (21) 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 14 IN WITNESS WHEREOF, the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE have each executed this Agreement, this the day of , 2022. CONTRACTING AGENCY DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF PUBLIC SAFETY WITNESS: ______________________________ BY: ______________________________________ WILLIAM C. RAY, DIRECTOR DIVISION OF EMERGENCY MANAGEMENT DATE WITNESS: ______________________________ BY: ______________________________________ CASANDRA S. HOEKSTRA CHIEF DEPUTY SECRETARY ADMINISTRATION DEPARTMENT OF PUBLIC SAFETY DATE WITNESS: ______________________________ BY: _______________________________________ MARTHA WAYNE DEPUTY CHIEF FINANCIAL OFFICER NEW HANOVER COUNTY FEDERAL EMPLOYER I.D. # 56-6000324 DATE APPROVED AS TO PROCEDURES: BY: _______________________________________ SHARON MARSALIS, INTERIM BUDGET DIRECTOR DEPARTMENT OF PUBLIC SAFETY DATE 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: _________________________________ DEPUTY GENERAL COUNSEL DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5 6/20/2022 | 17:05:33 EDT 7/13/2022 | 10:55:35 EDT 7/13/2022 | 12:32:24 EDT 7/13/2022 | 16:02:54 EDT 7/13/2022 | 16:02:54 EDT DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 15 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. 1. 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. 2. 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 virtu e 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 aw arded, the State is under no obligation to make any payments to the RECIPIENT/SUBGRANTEE. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 16 5. Equal Employment Opportunity. During the performance of this contract, the RECIPIENT/SUBGRANTEE agrees as follows: a. 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. b. 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. e. 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 17 g. 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 Ord er 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 paragr aphs (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 II, 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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 18 (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; an d 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.) (prohibitin g 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 Safety 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). c. 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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 19 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 . Clean Air Act 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). DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 20 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. a. 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. b. 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 DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 21 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, w hich 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 per forming 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 22 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, whic h 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 23 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-Recipients have not been suspended or debarred from doing business with federal or State government. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 24 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. ___________________________________________________ Signature of RECIPIENT/SUBGRANTEE’s Authorized Official MARTHA WAYNE, DEPUTY CHIEF FINANCIAL OFFICER Name and Title of RECIPIENT/SUBGRANTEE’s Authorized Official _______________ Date DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5 7/13/2022 | 10:55:35 EDT DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 25 ATTACHMENT C: SUBRECIPIENT MANAGEMENT COSTS REIMBURSEMENT Management Cost Reimbursement Request County: Date: Project Number: Employee Name Rate Activity Time Amount of Reimbursement Requested Facility Costs Cost Reimbursement Requested Rent Utilities Vehicle # Rate (58.5/m) Activity Total Miles Reimbursement Requested DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 26 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 27 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 finds. 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, DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 28 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 _____________________________________________________________________________ State Centric MOA 4393-0057 New Hanover County 29 • 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. DocuSign Envelope ID: C5B1D9E5-10F0-4644-A782-E7A2B047886CDocuSign Envelope ID: 7AB1E81E-181E-42F6-BFC6-8BD6E04E83C5DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 IN WITNESS WHEREOF, the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE acknowledges receipt of the Period of Performance Extension Letter for all DR-4393 projects and execute this acknowledgement on this date __________________________________ CONTRACTING AGENCY DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF PUBLIC SAFETY WITNESS: ______________________________ BY: ______________________________________ WILLIAM C. RAY DIRECTOR & DEPUTY HOMELAND SECURITY ADVISOR DIVISION OF EMERGENCY MANAGEMENT DATE WITNESS: ______________________________ BY: _______________________________________ MARTHA WAYNE DEPUTY CHIEF FINANCIAL OFFICER COUNTY OF NEW HANOVER FEDERAL EMPLOYER I.D. # 56-6000324 DATE DocuSign Envelope ID: 36A7E48C-F060-4826-B1F4-8C13440D66F3 3/15/2023 | 16:39:54 EDT 3/16/2023 | 10:55:02 EDT 3/16/2023 | 10:55:02 EDT