FY24 EM Tier II Competitive AgreementFor Official Use Only
Tier II Competitive Grant 2023 Page 1 of 9
North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Eddie M. Buffaloe Jr., Secretary
William C. Ray, Director
NC Tier II Competitive Grant
Fiscal Year 2023
Memorandum of Agreement (MOA)
between
GRANTOR RECIPIENT
State of North Carolina New Hanover County
Department of Public Safety 230 Government Center Drive
Emergency Management Wilmington , NC 28403-
1636 Gold Star Dr Tax ID/EIN #: 56-6000324
Raleigh, NC 27607 UEID #: F7TLT2GMEJE1
MOA #: 2371036 Award amount: $24,000.00
Cost center: 1506-8064 Period of performance: January 1, 2023 to January 31, 2024
1. Purpose
This grant award supports the hazardous material preparedness activities of Local Emergency Planning
Committees (LEPCs) as defined in the Emergency Planning and Community Right-to-Know Act
(EPCRA). These funds are to be used by your county’s or region’s LEPC for hazardous materials
emergency response planning, training, and related exercises. See Attachment 1 for a description of the
approved scope of work for this grant. The scope of work is the approved Application as submitted by
RECIPIENT with any amendments approved by GRANTOR.
2. Authority
In accordance with the provisions of N.C.G.S. §166A-29.1, North Carolina Emergency Management
hereby awards to RECIPIENT a grant in the amount shown above. Tier II grants are funded by NC
annual hazardous materials facility fees collected each year per N.C.G.S. 166A-29.1(f)(3). The funds
awarded under this grant must be used in compliance with all applicable federal, state, local and tribal
laws and regulations, including N.C.G.S. §§ 143C-6-21, 143C-6-22, 143C-6-23 and 09 NCAC 03M. By
accepting this award, RECIPIENT agrees to use these funds in a manner consistent with all applicable
laws and regulations.
3. Execution
The original signed copy of this MOA must be signed by the Official(s) authorized to sign below and
returned to North Carolina Emergency Management no later than 45 days after the MOA has been
submitted for execution. This MOA shall be effective upon return of execution from RECIPIENT and
final approval by GRANTOR. Upon final approval of this MOA by GRANTOR, the period of
performance (POP) for this grant is January 1, 2023 – January 31, 2024. Grant funds will be disbursed
upon receipt of evidence that funds have been invoiced, products or services received, and proof of
payment is provided. RECIPIENT understands and agrees that:
A. Total funding level available under this MOA will not exceed the awarded amount,
$24,000.00. RECIPIENT acknowledges that they are further prohibited from sub-granting these
funds. Attachment 1 provides scope of work and payment amounts to be paid to RECIPIENT.
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B. Pursuant to N.C.G.S 143C-1-1, RECIPIENT understands and agrees that funding shall be subject to
the availability of appropriated funds. However, in the event of MOA termination due to lack of
adequate appropriated funds, GRANTOR will ensure that it will pay for services and goods acquired
and obligated on or before the end of POP.
C. RECIPIENT must meet all funding requirements contained herein. Non-compliance may result in
denial of reimbursement request(s) or suspension/revocation of grant funds awarded for
this project. See also paragraph 6 below regarding compliance.
4. Compensation
GRANTOR agrees that it will pay RECIPIENT complete and total compensation for the services to be
rendered by RECIPIENT. Payment to RECIPIENT for expenditures under this Memorandum of
Agreement (MOA) will be reimbursed after RECIPIENT’s cost report, detailed invoices, and proof of
payment are submitted and approved for eligible expenses, and goods and/or services have been received.
Cost report form to request reimbursement will be provided to RECIPIENT by GRANTOR. These
documents must be submitted no later than February 29, 2024.
5. Conditions
The funds awarded under this grant must only be used by your county’s or region’s LEPC for the
purposes of hazardous materials emergency response planning, training and exercises, as mandated in
N.C.G.S.§ 166A-29.1. Furthermore, the use of these funds must meet one or more of the follow criteria:
A. Support costs incurred facilitating LEPC meetings (e.g. printing, general office supplies, food and
non-alcoholic beverages)
B. Support regional LEPC meetings and collaboration
C. Enhance LEPC outreach efforts or produce promotional materials
D. Host or support local and regional LEPC conferences
E. Create or update hazardous material emergency response plans
F. Support local or regional hazardous materials response exercises
G. Support purchases of items for use in hazardous materials emergency response planning, training and
exercises.
Purchases of items must be pre-approved in writing by the NCEM Hazardous Materials Group
(NCEM hazardous materials group).
H. Under no circumstances are the following items eligible for funding under this grant:
Salaries or benefits for any employee
Unmanned vehicles
Support for programs not focused on hazardous materials preparedness
Funding is contingent upon completion of all funding requirements. Grant funds must be used to
supplement existing federal, state and local funds for program activities and must not replace (supplant)
those funds that have been appropriated for the same purpose. Jurisdictions must provide assurances and
certifications as to non-supplanting and the existence of proper administrative/financial procedures as
requested. The following conditions must be adhered to during the entire duration of the grant program:
I. RECIPIENT must:
i. Have and maintain a current Unique Entity Identifier created in the System for Award
Management (SAM). Current SAM registrants have already been assigned their Unique Entity
Identifier and can view it within SAM.
ii. Ensure their organization is registered with SAM. Every applicant is required to have their name,
address and EIN up to date in SAM. SAM information can be found at http://www.sam.gov.
After April 4, 2022, the Unique Entity Identifier in SAM becomes the official identifier for doing
business with the U.S. Government.
iii. Complete any procurements, expenditures, and receipt of goods or services within the POP.
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iv. No Match Requirement. RECIPIENT is not required to provide matching funds in cash or in-kind
for this award.
v. Submit requests for reimbursement on cost report form with all required documentation attached
to ncemgrants1@ncdps.gov and copy designated NCEM grant manager. Once GRANTOR is
satisfied that RECIPIENT has provided all required documentation, the reimbursement request
can be processed for payment. The distributions of funds will be coded to cost center 1506-8064
in the North Carolina Accounting System (NCAS).
J. Required Documents/Forms. RECIPIENT must submit the following documents to GRANTOR
(ncemgrants1@ncdps.gov) upon execution of this MOA. This is not required if RECIPIENT has
previously submitted these documents to GRANTOR for this or any other grant; however, if any of
these documents are not current, RECIPIENT must submit updated document(s):
i. W-9 (09 NCAC 03M .0202)
ii. Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202)
iii. Conflict of Interest Policy (G.S. 143C-6-23.(b))
iv. Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-23.(c))
v. Procurement policy
6. Compliance
RECIPIENT shall comply with applicable federal, state, local and/or tribal statutes, regulations,
ordinances, licensing requirements, policies, guidelines, reporting requirements, certifications and other
regulatory matters for the conduct of its business and purchase requirements performed under this MOA.
RECIPIENT shall be wholly responsible for the purchases made under this MOA and for the supervision
of its employees and assistants.
Failure to comply with the specified terms and conditions of this MOA may result in the return of funds
and any other remedy for noncompliance specified in 2 CFR 200.339 (incorporated by reference in this
MOA), and/or termination of the award per 09 NCAC 03M.0801 and 2 CFR 200.340 (incorporated by
reference in this MOA). Additional conditions may also be placed on RECIPIENT for noncompliance
with the specified terms and conditions of this MOA, including (but not limited to) additional monitoring
and possible placement of RECIPIENT on the Suspension of Funding List (SOFL) maintained by the
State Office of State Budget & Management (OSBM).
7. Responsibilities
GRANTOR:
A. GRANTOR shall provide funding to RECIPIENT to perform the activities as described herein.
B. GRANTOR shall conduct a review of the project to ensure that it is in accordance with all grant
requirements.
RECIPIENT:
A. This MOA must be signed and returned to GRANTOR within 45 days after RECIPIENT receives
notice of this award.
B. RECIPIENT understands and acknowledges required compliance with all statutory provisions
outlined in N.C.G.S. 143C-6-23 (State grant funds: administration; oversight and reporting
requirements) and 09 NCAC 03M .0205 (MINIMUM REPORTING REQUIREMENTS FOR
RECIPIENTS).
C. Requests for Reimbursement (RFR). GRANTOR will reimburse RECIPIENT for eligible costs as
discussed in Attachment 2: Allowable expenditures. RECIPIENT must take possession of all
purchased items and receive any grant-eligible service prior to seeking reimbursement from the
GRANTOR. RECIPIENT must submit request for reimbursement within 60 days of payment of
invoice. RFR submitted more than 30 days after RECIPIENT payment of invoice may be denied.
RFR must include sufficient documentation that approved expenditures have been properly invoiced
and paid by RECIPIENT, and that the products and/or services have in fact been received by
RECIPIENT. RFRs must be submitted using a cost report form (provided by GRANTOR) and a
summary listing of invoices completed by RECIPIENT. See paragraph 4 above.
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D. Funds Management. RECIPIENT agrees that funds paid through this grant shall be accounted for in a
separate fund and accounting structure within RECIPIENT’s central accounting and grant
management system. RECIPIENT agrees to manage all accounts payable disbursements, check
register disbursements and related transactions in a detailed manner that supports fully transparent
accounting of all financial transactions associated with the funding for this grant.
i. Expenditures for travel mileage, meals, lodging and other travel expenses incurred in the
performance of this grant shall be reasonable and supported by documentation. State rates should
be used as guidelines. International travel shall not be eligible under this MOA.
ii. If eligible, RECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of
all sales and use taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-
164.14; and (b) exclude all refundable sales and use taxes from all reported expenditures.
E. Closeout Reporting Requirements. Following the principles of 2 CFR 200.344, RECIPIENT must
submit to GRANTOR, no later than 30 calendar days after the end date of the period of performance,
all financial, performance, and other reports as required by the terms and conditions of the grant
award and this MOA. This includes, but is not limited to, copies of after-action reports, including
class roster, from any training or exercises funded by this grant. It also includes copies of any
deliverables purchased with these grant funds such as plan rewrites, commodity flow studies, and
HazMat risk assessments. GRANTOR notifies RECIPIENT upon completion of grant closeout.
This includes, at a minimum:
i. A complete accounting of how all grant funds were used;
ii. A Certification stating the funds were used for the purpose appropriated.
iii. A closeout letter indicating that the approved scope of work is complete .
iv. Any other closeout documentation requested by GRANTOR.
v. RECIPIENT agrees that all program activity results information reported shall be subject to
review and authentication and RECIPIENT will provide access to work papers, receipts, invoices
and reporting records, if requested by GRANTOR, as GRANTOR executes any audit internal
audit responsibilities.
vi. Once the complete final performance and financial status report package has been received and
evaluated by GRANTOR, RECIPIENT will receive official notification of MOA close-out from
GRANTOR.
vii. The notification will inform RECIPIENT that GRANTOR is officially closing the MOA and
retaining all MOA files and related material for a period of five (5) years or until all audit
exceptions have been resolved, whichever is longer.
F. Procurement. RECIPIENT shall utilize State of North Carolina and/or local procurement policies and
procedures for the expenditure of funds, and conform to applicable state standards identified in
N.C.G.S. Chapter 143, Article 3, Purchases & Contracts.
If RECIPIENT utilizes local procurement policies, RECIPIENT is required to submit a copy of the
applicable policies they followed and demonstrate that they complied with those policies, including
competition as required.
RECIPIENT is required to check the federal System for Awards Management (SAM),
https://sam.gov/content/exclusions and the State Debarred Vendors Listing,
https://ncadmin.nc.gov/documents/nc-debarred-vendors, to verify that all vendors and contractors
have not been suspended or debarred from doing business with the federal or state government.
Per 09 NCAC 03M, agencies shall not disburse any state financial assistance to an entity that is on
the Suspension of Funding List (SOFL). OSBM maintains the SOFL for non-compliant grant
RECIPIENTs. The SOFL is updated on a weekly basis. RECIPIENT is prohibited under this MOA
from procurement, and/or contracting with any entity listed on the SOFL using these grant funds.
G. RECIPIENT shall have sole responsibility for the ownership, maintenance, insurance, upkeep, and
replacement of any items procured pursuant to this MOA. Unless otherwise directed by GRANTOR,
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RECIPIENT may keep or dispose of any items purchased with grant funds when the items are no
longer needed by RECIPIENT.
H. Property and Equipment. Property and equipment purchased with these grant funds shall be titled to
RECIPIENT, and RECIPIENT shall be responsible for the custody and care of any property and
equipment purchased with grant funds furnished for use in connection with this MOA. GRANTOR
will not be held responsible for any property purchased under this MOA. RECIPIENT must utilize all
property and equipment as intended in their project application to GRANTOR.
I. Indirect Costs. No indirect costs will be charged to this award.
J. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the
provision of any training, exercise or work activities beyond that identified in this MOA, shall be the
sole responsibility of RECIPIENT and shall not be reimbursed under this MOA.
K. Conflict of Interest. Per N.C.G.S. § 143C-6-23(b), RECIPIENT is required to file with GRANTOR a
copy of RECIPIENT’s policy addressing conflicts of interest that may arise involving the grantee's
management employees and the members of its board of directors or other governing body. The
policy shall address situations in which any of these individuals may directly or indirectly benefit,
except as the grantee's employees or members of its board or other governing body, from the grantee's
disbursing of State funds, and shall include actions to be taken by the grantee or the individual, or
both, to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed
before GRANTOR may disburse any grant funds.
In conjunction with providing the conflict-of-interest policy to GRANTOR, RECIPIENT must
disclose in writing to GRANTOR, and attempt to avoid, any real or potential conflict of interest that
may arise during the administration of this grant award.
This includes RECIPIENT’s responsibility to maintain written standards of conduct covering
conflicts of interest and governing the actions of their employees engaged in the selection, award, and
administration of contracts or subgrants. No employee, officer, or agent may participate in the
selection, award, or administration of a contract or subgrant supported by this grant award if he or she
has a real or apparent conflict of interest. Such conflicts of interest would arise when the employee,
officer, or agent, any member of his or her immediate family, his or her partner, or an organization
that employs or is about to employ any of the parties indicated herein, has a financial or other interest
in or a tangible personal benefit from a firm considered for a contract or subgrant. The officers,
employees, and agents of RECIPIENT may neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts or subgrants. RECIPIENT may set
standards for situations in which the financial interest is not substantial, or the gift is an unsolicited
item of nominal value.
The standards of conduct must provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of RECIPIENT. RECIPIENT must disclose violations in
writing to GRANTOR, and attempt to avoid, any real or potential conflicts of interest with respect to
procurement, contracting, and subcontracting with funds provided under this grant award. Upon
request, RECIPIENT must also provide a copy of their standards of conduct policy covering conflicts
of interest with respect to procurement, contracting and subcontracting with funds provided under t his
grant award.
L. Travel. RECIPIENT must have an acceptable local travel regulation plan or accept the state travel
regulations.
M. Records Retention for Auditing & Monitoring. RECIPIENT acknowledges and agrees that, from and
after the date of execution of this MOA and for five (5) years following its termination, the books,
records, documents and facilities of RECIPIENT are subject to being audited, inspected and
monitored at any time by GRANTOR upon its request (whether in writing or otherwise).
RECIPIENT further agrees to provide GRANTOR staff and staff of the Office of State Auditor with
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access to financial and accounting records to support internal audit, financial reporting and related
requirements.
N. Advertising. RECIPIENT agrees not to use the existence of this grant award or the name of
GRANTOR as part of any commercial advertising, without prior written approval of GRANTOR.
8. Regulation
The funds awarded under this grant must be used in compliance with all applicable state and federal laws
to include compliance with N.C.G.S. §§ 143C-6-22, 143C-6-23 and 09 NCAC 03M. By accepting this
payment, RECIPIENT agrees to use these funds in a manner consistent with state and federal laws and
regulations.
9. Taxes
RECIPIENT shall be considered to be an independent RECIPIENT and as such shall be responsible
for ALL taxes. There shall be no reimbursement for taxes incurred by RECIPIENT under this grant.
If eligible, RECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of all sales
and use taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-164.14; and (b)
exclude all refundable sales and use taxes from all reported expenditures.
10. Warranty
As an independent recipient, RECIPIENT will hold GRANTOR harmless for any liability and personal
injury that may occur from or in connection with the performance of this MOA to the extent permitted by
the North Carolina Tort Claims Act. Nothing in this MOA, express or implied, is intended to confer on
any other person any rights or remedies in or by reason of this MOA. This MOA does not give any person
or entity other than the parties hereto any legal or equitable claim, right or remedy. This MOA is intended
for the sole and exclusive benefit of the parties hereto. This MOA is not made for the benefit of any third
person or persons. No third party may enforce any part of this MOA or shall have any rights hereunder.
This MOA does not create, and shall not be construed as creating, any rights enforceable by any person
not a party to this MOA. Nothing herein shall be construed as a waiver of the sovereign immunity of the
State of North Carolina. Nothing in this MOA is intended to conflict with current laws or regulations of
the State of North Carolina, Department of Public Safety, North Carolina Emergency Management, or
RECIPIENT. If a term of this MOA is inconsistent with such authority, then that term shall be invalid, but
the remaining terms and conditions of this MOA shall remain in full force and effect.
11. Audit requirements
Per 09 NCAC 03M.0205, a non-state entity that is not exempt from the requirements of SUBCHAPTER
03M – UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL ASSISTANCE per 09
NCAC 03M.0201, that receives a combined $500,000 or more in North Carolina state funding or federal
funding passed through a state agency must within 9 months of the non-state entity’s fiscal year end
submit to DPS Internal Audit (AuditGrantsReport@ncdps.gov) a single audit prepared and completed in
accordance with Generally Accepted Government Auditing Standards (GAGAS):
https://www.gao.gov/yellowbook.
If RECIPIENT is a unit of local government in North Carolina, RECIPIENT may be subject to the audit
and reporting requirements in N.C.G.S. 159-34, Local Government Finance Act – Annual Independent
Audit, rules and regulations. Such audit and reporting requirements are set by the Local Government
Commission (see Local Government Commission for more information). See also 20 NCAC 03 (Local
Government Commission). Government entities including counties and local governments are
generally subject to the audit requirements of the Local Government Commission.
12. Points of contact
To provide consistent and effective communication between GRANTOR and RECIPIENT, each party
shall appoint a Principal Representative(s) to serve as its central point of contact responsible for
coordinating and implementing this MOA. The Department of Public Safety, North Carolina Emergency
Management contacts shall be State Hazardous Materials Manager, Grants Management Branch staff, and
NCEM Field Branch staff. RECIPIENT’s contact shall be the person(s) designated by the RECIPIENT.
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13. Public records access
Information maintained by RECIPIENT in connection with this MOA and grant award is subject to the
North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes and is subject to
public records requests through NCDPS.
14. Contracting/subcontracting
If RECIPIENT contracts/subcontracts any or all purchases or services under this MOA, then RECIPIENT
agrees to include in the contract/subcontract agreement that the contractor/subcontractor is bound by the
terms and conditions of this MOA. RECIPIENT and any contractor/subcontractor agree to include in the
contract/subcontract that the contractor/subcontractor shall hold GRANTOR harmless against all claims
of whatever nature arising out of the contractor/subcontractor performance of work under this MOA. If
RECIPIENT contracts/subcontracts any or all purchases or services required under this MOA, a
copy of the executed contract/subcontract agreement must be forwarded to GRANTOR. A
contractual arrangement shall in no way relieve RECIPIENT of its responsibilities to ensure that all funds
issued pursuant to this grant be administered in accordance with all state and federal requirements.
RECIPIENT shall remain an independent recipient and as such shall be wholly responsible for the scope
of work to be performed under this MOA and for the supervision of their employees and assistants.
RECIPIENT represents that it has, or will secure at its own expense, all personnel required in performing
the services under this MOA. Such employees shall not be employees of, or have any individual
contractual relationship with, GRANTOR. RECIPIENT shall be responsible for compliance with all
laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are
applicable to the conduct of his business and work performance under this MOA, including those of
federal, state, and local agencies having appropriate jurisdiction.
RECIPIENT acknowledges and agrees that, in its conduct under this Contract and in connection with all
expenditures of grant funds made by it, it shall comply with the cost principles enunciated in the Code of
Federal Regulations, 2 CFR, Part 200.
15. Situs
This MOA shall be governed by the laws of North Carolina and any claim for breach or enforcement shall
be filed in State Court in Wake County, North Carolina.
16. Antitrust laws
All signatories of this MOA will comply with all applicable state and federal antitrust laws.
17. Other provisions/severability
Nothing in this MOA is intended to conflict with current federal, state, local, or tribal laws or regulations.
If a term of this MOA is inconsistent with such authority, then that term shall be invalid, but the
remaining terms and conditions of this MOA shall remain in full force and effect.
18. Entire agreement
This MOA and any annexes, exhibits and amendments annexed hereto and any documents incorporated
specifically by reference represent the entire agreement between the parties and supersede all prior oral
and written statements or agreements.
19. Modification
This MOA may be amended only by written amendments duly executed by RECIPIENT and GRANTOR.
20. Termination
The terms of this MOA, as modified with the consent of all parties, will remain in effect until the end of
the POP. Any grant funds not expended by the end of the POP will be automatically deobligated. Prior
to the end of the POP, either party may terminate this MOA upon thirty (30) days advance written notice
to the other party.
The POP may only be extended upon approval by NCEM Hazardous Materials Group and the issuance of
the Grant Adjustment Notice.
21. Terms of agreement
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This MOA shall be effective upon return of execution from RECIPIENT and final approval by
GRANTOR. Upon final approval of this MOA by GRANTOR, the POP for this grant is January 1, 2023
– January 31, 2024.
Regardless of actual execution date, this MOA shall be in effect from the start of the POP to the end of
the POP.
22. Certification of eligibility - Under the Iran Divestment Act
Pursuant to N.C.G.S. §147-86.59, any person identified as engaging in investment activities in Iran,
determined by appearing on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S.
§ 147-86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the
State. The Iran Divestment Act of 2015, N.C.G.S. § 147-86.55 et seq.* requires that each vendor, prior to
contracting with the State certifies, and the undersigned on behalf of the Vendor does hereby certify, to
the following:
A. That the vendor is not identified on the Final Divestment List of entities that the State Treasurer has
determined engages in investment activities in Iran
B. That the vendor shall not utilize on any contract with the State agency any subcontractor that is
identified on the Final Divestment List
C. That the undersigned is authorized by the Vendor to make this Certification.
The State Treasurer’s Final Divestment List can be found on the State Treasurer’s website at the address:
https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-divestment-Act-
resources.aspx and will be updated every 180 days. For questions about the Department of State
Treasurer’s Iran Divestment Policy, direct questions to (919) 814-4000.
23. Attachments
All attachments to this MOA are incorporated as if set out fully herein.
In the event of any inconsistency or conflict between the language of this MOA and the attachment
hereto, the language of the MOA shall be controlling, but only to the extent of such conflict or
inconsistency.
This MOA includes the following attachments:
Approved application as Attachment 1.
Allowable expenditures as Attachment 2.
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AUTHORIZED SIGNATURE WARRANTY
THE UNDERSIGNED REPRESENT AND WARRANT THAT THEY ARE AUTHORIZED TO BIND
THEIR PRINCIPALS TO THE TERMS OF THIS MOA. IN WITNESS WHEREOF, GRANTOR AND
RECIPIENT HAVE EACH EXECUTED THIS MOA AND THE PARTIES AGREE THAT THE MOA
IS EFFECTIVE AS OF THE POP START DATE, EVEN IF THIS MOA IS SIGNED BY ANY
PARTIES AFTER THAT DATE.
For GRANTOR:
Approved
By: ________________________________
William C. Ray, Director & Deputy
Homeland Security Advisor
North Carolina Department of Public Safety
Division of Emergency Management
Date: __________________
For RECIPIENT:
Approved
By: ________________________________ Date: __________________
By: ________________________________ Date: __________________
By: ________________________________ Date: __________________
Approved as to Form:
By: ________________________________
William Polk, Deputy General Counsel
Reviewed for the North Carolina
Department of Public Safety to fulfill the
purposes of the DHS Homeland Security
Grant Program
Date: __________________
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5/22/2023 | 16:44:24 EDT
5/24/2023 | 09:33:39 EDT
7/6/2023 | 11:03:09 EDT
7/6/2023 | 12:43:28 EDT
7/6/2023 | 16:07:29 EDT
Attachment 1
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Attachment 2
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FY23 North Carolina Tier II Grant Program
Purpose:
Tier II grants provide Local Emergency Planning Committees (LEPCs) funding to expand the
scope of their hazardous materials emergency preparedness programs though response planning,
training and related exercises. All active LEPCs awarded under this program receive grant funds
from the hazardous materials facility fees collected during the Tier II reporting period. The Tier
II grants must be used for hazardous materials emergency response planning, training and related
exercises, with some conditions and limitations in accordance with the provisions of N.C.G.S.
§166A-29.1. Operational equipment is currently ineligible for this grant.
Grant Amount Estimate:
$10,000.00 maximum per award; total of $160,000.00 available statewide. Amounts may vary
due to requests processed.
Associated Deadlines:
1. Application period (90 days):
2.Period of Performance
3. Award letter and MOA distributed:
October 1, 2022- December 31, 2022
January 1, 2023-December 31, 2023
February, 2023 (retroactive to January 1, 2022)
4. Period of Performance Completion Reminder: October 31, 2023
5. Final cost report due:January 30, 2024
Grant Point of Contacts:
Mr. Cole Owen, Hazardous Materials Coordinator
North Carolina Emergency Management
hazmat@ncdps.gov
919-397-6739
Ms. Lisa Patton, Grants Administrator – Administration
North Carolina Emergency Management
Lisa.Patton@ncdps.gov
919-825-2280
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Eligible Project Activities:
The funds awarded under this grant may only be used by your county LEPC or regional LEPC
and must fall under one or more of the following categories:
1.Supporting costs incurred facilitating LEPC meetings.
2.Enhancing LEPC outreach efforts or produce promotional materials through printing or
general office supplies.
3.Supporting LEPC meetings and collaboration with food and non-alcoholic beverages.
4.Hosting or supporting local and regional LEPC conferences.
5.Creating or updating hazardous material emergency response plans.
6.Supporting local or regional hazardous materials response exercises.
7.Supporting purchases of equipment necessary to support the LEPC and its mission.
8.Supporting hazardous material risk assessments.
9.Subscriptions to hazardous materials related web services (ex: MSDS online, Chemtrac)
10.Non-operational equipment to support the LEPC. Please note that all equipment
purchases must receive pre-approval from the grant point of contact.
Ineligible Project Activities:
Tier II grants funds may not be used for any of the following items:
1.Salaries or benefits for any employee.
2.Drone aircraft or unmanned aerial vehicles.
3.Items intended as gifts.
4.Other support for programs not focused on hazardous materials preparedness and
response.
5.Operational response equipment.
DocuSign Envelope ID: 5965FC23-19FD-49DE-901B-63ECEA8DA867