FY24 FIRE HSGP mobile repeater.docx
Homeland Security Grant Program (HSGP)
Fiscal Year 2023
AL#: 97.067
Grant #: EMW-2023-SS-00034
Memorandum of Agreement (MOA)
between
RECIPIENT SUBRECIPIENT
State of North Carolina New Hanover County Fire & Rescue
Department of Public Safety 230 Government Center Dr,
Emergency Management (NCEM) Wilmington, NC 28403-
1636 Gold Star Dr Tax ID/EIN #: 56-6000324
Raleigh, NC 27607 UEID #: F7TLT2GMEJE1
MOA #: 2340014 Award amount: $30,000.00
Cost center: 1502-7A38-3H13 Period of performance (POP): September 1, 2023 to February 28, 2026
1. Purpose
The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and procedures to implement
the terms and conditions of the US Department of Homeland Security (DHS) Homeland Security Grant Program
(HSGP). More information about HSGP is available at: https://www.fema.gov/grants/preparedness/homeland-
security. This MOA is to set forth terms by which RECIPIENT shall provide HSGP funding to SUBRECIPIENT to
fund projects related to Homeland Security Planning, Operations, Equipment, Training and Exercises. For a more
detailed description of the approved scope of work see Attachment 1. The scope of work is the approved Application
as submitted by SUBRECIPIENT with any amendments approved by RECIPIENT.
This MOA is to set forth terms by which RECIPIENT shall provide HSGP funding to SUBRECIPIENT to fund
projects related to meeting DHS National Priorities as identified in the Department of Homeland Security Notice of
Funding Opportunity (NOFO) for FY2023 HSGP. See Attachment 1 for a detailed description of the approved scope
of work for the approved project(s) for this grant. The scope of work is the approved Application as submitted by
SUBRECIPIENT with any amendments approved by RECIPIENT.
2. Program Authorization and Regulations
This MOA is authorized under the provisions of: (1) Section 2002 of the Homeland Security Act of 2002 (Pub. L. No.
107-296, as amended) (6 U.S.C. § 603), (2) Consolidated Appropriations Act, 2023 (Pub. L. No. 117-328) , (3) FY
2023 HSGP NOFO, (4) applicable FEMA Grant Programs Directorate Information Bulletins, and (5) NC Emergency
Management Act, North Carolina General Statutes (N.C.G.S.) Chapter 166A.
The funds awarded under this grant must be used in compliance with all applicable federal, state, local and tribal laws
and regulations. By accepting this award, SUBRECIPIENT agrees to use these funds in a manner consistent with all
applicable laws and regulations.
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3. Projects managed by RECIPIENT (NCEM) on behalf of SUBRECIPIENT - Return of Funds
___ By initialing, SUBRECIPIENT requests that RECIPIENT (NCEM on behalf of State of North Carolina) retains
all funds awarded to SUBRECIPIENT under this grant. SUBRECIPIENT desires for NCEM and/or its assigns to
conduct the activities described in Attachment 1 of this MOA on its behalf. These activities are related to planning,
making equipment purchases, and conducting training and exercises to improve prevention, protection, preparedness,
response, and recovery capabilities. SUBRECIPIENT relieves itself from the requirements set forth in this MOA with
respect to all funds returned to RECIPIENT. NCEM agrees to assume responsibility for all requirements set forth in
this MOA with respect to all funds assigned to SUBRECIPIENT, if SUBRECIPIENT checks this box.
4. Assignment of Funds by SUBRECIPIENT to Designated Third Party (not NCEM)
___ By initialing, SUBRECIPIENT agrees to assign all funds awarded under this grant to a third party:
By signature of this MOA (at DESIGNATED THIRD PARTY on signatory page), the designated third party agrees to
assume responsibility for all requirements set forth in this MOA with respect to all funds assigned to
SUBRECIPIENT.
5. Funding
All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from DHS and
NCEM for the purposes set forth, and the MOA shall automatically terminate if funds cease to be available.
Allowable costs shall be determined in accordance with applicable DHS Program Guidelines, which include, but may
not be limited to, the FY2023 HSGP NOFO, 2 CFR 200 Subpart E, Federal Acquisition Regulations (FAR) Part 31.2,
OMB Circulars A-21, and applicable DHS and FEMA financial management guidance available at
https://www.dhs.gov/dhs-grants and https://www.fema.gov/grants/guidance-tools. Allowable costs are also subject to
the approval of the State Administrative Agent (SAA) for the State of North Carolina, the Secretary of the Department
of Public Safety.
6. Funding Eligibility Criteria
Federal funds administered through RECIPIENT (NCEM on behalf of State of North Carolina) are available to local
governments to assist in the cost of developing and maintaining a comprehensive homeland security response
program.
Local government entities are defined in N.C.G.S. 159-44 as: “counties; cities, towns, and incorporated villages;
consolidated city-counties, as defined by G.S. 160B-2(1); sanitary districts; mosquito control districts; hospital
districts; merged school administrative units described in G.S. 115C-513; metropolitan sewerage districts;
metropolitan water districts; metropolitan water and sewerage districts; county water and sewer districts; regional
public transportation authorities; and special airport districts.” Federally recognized tribes are also included as
eligible local government pass-through entities per the FY23 HSGP NOFO.
Continued HSGP funding is contingent upon completion of all HSGP funding requirements. The following eligibility
criteria must be adhered to during the entire duration of the grant program.
SUBRECIPIENT must:
A. Be established as a state agency or as a local government entity as defined above by appropriate
resolution/ordinance.
B. Have a Unique Identity ID (UEID) prior to any funds being released. UEID may be obtained from
http://www.sam.gov.
C. Ensure their organization is registered with the System for Award Management (SAM) and that their
organization maintains an active SAM registration, i.e. renewed annually. Every applicant is required to have
their name, address, and UEID up to date in SAM, and the UEID used in SAM must be the same one used to
apply for all FEMA awards. SAM information can be found at http://www.sam.gov. Future payments will be
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contingent on the information provided in SAM; therefore it is imperative that the information is correct, and
that an active SAM registration is properly maintained.
D. Complete any procurement(s) and expenditures no later than 02/28/2026.
E. Submit requests for reimbursement (RFR) with all required documentation attached. Requests for
reimbursement will not be processed unless/until annual progress report submissions are current. See
paragraph 8.C. below.
7. Compensation
RECIPIENT agrees that it will pay SUBRECIPIENT compensation for eligible services rendered by
SUBRECIPIENT. Payment to SUBRECIPIENT for expenditures under this MOA will be reimbursed after
SUBRECIPIENT’s RFR is submitted and approved for eligible scope of work activity. Grant funds will be disbursed
(according to the approved project budget) upon receipt of evidence that funds have been invoiced, products or
services received (i.e., invoices, contracts, itemized expenses, etc.), and proof of payment is provided. Final RFR must
be submitted no later 03/31/26, unless period of performance (POP) is extended. The original signed copy of this
MOA must be signed by the Official(s) authorized to sign below and returned to RECIPIENT no later than 45 days
after the MOA has been submitted for execution.
This MOA shall be effective upon return of execution from SUBRECIPIENT and final approval by RECIPIENT.
Upon final approval of this MOA by RECIPIENT, POP for this grant is 09/01/23 - 02/28/26. Grant funds will be
disbursed upon receipt of evidence that funds have been invoiced, products or services received, and proof of payment
is provided. Any unexpended grant funds remaining after end of POP revert to RECIPIENT.
SUBRECIPIENT:
A. Understands and acknowledges that total funding level available under this MOA will not exceed the awarded
amount $30,000.00. SUBRECIPIENT acknowledges that they are further prohibited from sub-granting these
funds. Attachment 1 and any approved amendments constitute the approved scope of work for this grant award.
B. Understands and agrees that funding shall be subject to the availability of appropriated funds, pursuant to N.C.G.S
143C-1-1. However, in the event of MOA termination due to lack of adequate appropriated funds, RECIPIENT
will ensure that it will pay for services and goods acquired and obligated on or before the notice of agreement
termination.
C. 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 37 below
regarding compliance.
8. Conditions
Funding is contingent upon completion of all funding requirements. The following conditions must be adhered to
during the entire duration of the grant program.
A. SUBRECIPIENT must:
i. Complete any procurements, expenditures, and receipt of goods or services within the POP.
ii. No Match Requirement. SUBRECIPIENT is not required to provide matching funds in cash or in-kind for
this award.
iii. Submit requests for reimbursement with all required documentation attached. Once RECIPIENT is satisfied
that SUBRECIPIENT has provided all required documentation, the requested distributions can be processed
for payment. The distributions of funds will be coded to cost center 1502-7A38-3H13 in the North Carolina
Accounting System (NCAS). See SUBRECIPIENT paragraph 11.G .
B. Required Documents/Forms. SUBRECIPIENT must submit the following documents to RECIPIENT
(hsgp@ncdps.gov) upon execution of this MOA. This is not required if SUBRECIPIENT has previously
submitted these documents to RECIPIENT for this or any other grant; however, if any of these documents are not
current, SUBRECIPIENT must submit updated document(s):
i. W-9 (09 NCAC 03M .0202)
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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. SUBRECIPIENT Procurement Policy
C. Annual Progress Reports. Provide annual progress reports to RECIPIENT (hsgp@ncdps.gov) using the Annual
Progress Report form (Attachment 2) by: 07/31/24; 07/31/25; and, with final RFR submitted per
SUBRECIPIENT paragraph 11.G. below.
Even if there are no expenditures an annual progress report must be submitted by SUBRECIPIENT to update their
progress toward completion of approved scope of work specified in Attachment 1 and any approved amendments.
If SUBRECIPIENT closes their award prior to end of POP no further annual reports are required.
D. Nationwide Cybersecurity Review (NCSR). SUBRECIPIENT is required to complete the NCSR, administered by
the MS-ISAC, during the first year of this grant award POP and annually thereafter through the last year of this
grant award POP.
Three NCSRs are required as follows, even if the project is completed prior to 2026:
The first NCSR for 2023 is required to be completed between 10/01/2023 and 02/28/2024.
The second NCSR for 2024 is required to be completed between 10/01/2024 and 02/28/2025.
The third NCSR for 2025 is required to be completed between 10/01/2025 and 02/28/2026.
9. Supplantation
Subrecipients are required to assure and certify that these grant funds will not be used to supplant or replace local or
state funds or other resources that would otherwise have been available for homeland security activities. Subrecipients
may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons
other than the receipt or expected receipt of federal funds.
10. Scope of Work
SUBRECIPIENT shall implement the HSGP project specified in Attachment 1 and as described in the approved
project application, including the project objective SUBRECIPIENT selected in the application. That application is
hereby incorporated by reference into this MOA.
Documentation to be provided throughout POP:
A. Annual reports, per paragraph 8.C. above.
B. Annual NCSR, per paragraph 8.D. above.
C. SUBRECIPIENT-involved legal action that pertains to any goods or services purchased with grant funds.
D. Copies of any audits and corrective actions pertaining to these grant funds or any other funds provided to
SUBRECIPIENT by RECIPIENT.
E. After-action report from exercises in accordance with Homeland Security Exercise and Evaluation Program
Doctrine (HSEEP).
F. Training course roster, description and syllabus.
G. All legible and complete invoices and receipts detailing the expenditures associated with the project. Receipts
must contain the following information:
i. Name and address of the vendor or establishment providing the product or service.
ii. Vendor/Payee invoice number, account number, and any other unique meaningful identifying number.
iii. Date product received or service provided.
iv. Itemized description of all products or services.
v. Unit price of products or services (if applicable).
vi. Total amount of eligible expenditures.
vii. Copy of executed contract/subcontract agreement (if applicable).
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viii. Proof of payment of expenses associated with the project.
H. Any other documentation requested by RECIPIENT.
11. Responsibilities
RECIPIENT:
A. RECIPIENT shall provide funding to SUBRECIPIENT to perform the activities as described herein.
B. RECIPIENT shall conduct a review of the project to ensure that it is in accordance with HSGP requirements.
C. RECIPIENT shall monitor the completion of the approved scope of work as specified in Attachment 1 and any
approved amendments.
D. RECIPIENT has obligated the funding for this MOA within 45 days of acceptance of the federal award by signing
this MOA.
E. RECIPIENT shall provide required annual progress report form (Attachment 2) and provide reimbursement
request forms required for reimbursement subsequent to execution of this MOA (See SUBRECIPIENT paragraph
11.G.).
SUBRECIPIENT:
A. This MOA must be signed and returned to RECIPIENT within 30 days after SUBRECIPIENT receives this
MOA. The grant shall be effective upon return of the MOA.
B. SUBRECIPIENT shall expend FY 2023 HSGP funds in accordance with the FY2023 HSGP NOFO, the grant
application, and this MOA.
C. Procurement.
i. SUBRECIPIENT shall utilize State of North Carolina and/or local procurement policies and procedures for
the expenditure of funds, and conform to applicable state and federal law and the standards identified in 2
CFR 200.317 – 200.327.
ii. SUBRECIPIENT must follow procurement procedures and policies as outlined in the applicable FY2023
HSGP NOFO, Appendix II of 2 CFR Part 200-Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards, and the 2023 FEMA Preparedness Grants Manual. SUBRECIPIENT shall comply with all
applicable laws, regulations and program guidance. SUBRECIPIENT must comply with the most recent
version of the funding administrative requirements, cost principles, and audit requirements.
iii. Administrative and procurement practices must conform to applicable federal requirements. A non-exclusive
list of regulations commonly applicable to DHS grants are listed below, codified in the following guidance:
15 CFR Part 24; Federal Acquisition Regulations (FAR), Part 31.2; 28 CFR Part 23 “Criminal Intelligence
Systems Operating Policies”; 49 CFR Part 1520 “Sensitive Security Information”; Public Law 107-296, The
Critical Infrastructure Act of 2002; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et.
seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et. seq; Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20
U.S.C. 6101 et. seq.; Cash Management Improvement Act (CMIA) and its implementing regulations at 31
CFR Part 205; FEMA Grant Programs Directorate, Grants Management Division, Match Guidance;
Certifications and Assurances regarding Lobbying 31 U.S.C. 1352, Drug-Free Workplace Act, as amended,
41 U.S.C. 701 et. seq. and Certification Regarding Drug-Free Workplace Requirements, Debarment and
Suspension Executive Orders 12549 and 12689 and certification regarding debarment, suspension and other
responsibility matters; 28 CFR Parts 66, 67, 69, 70 and 83; and Grant Award and Special Conditions
documents.
iv. Mini-Brooks Act. Subrecipients that are governmental entities or otherwise subject to the requirements of the
Local Government Commission (LGC) per 20 NCAC 03 are required under North Carolina law to follow
rules and regulations in the “Mini-Brooks Act”, G.S. 143-64.31, for the procurement of certain professional
services performed by architects, engineers, surveyors, and construction managers at risk.
v. Conflicts of Interest. See paragraph 11.M.iii. below.
vi. Complete all procurement by February 28, 2026.
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D. Comply with current federal laws and suspension and debarment regulations pursuant to 2 CFR 200.213 –
200.214, 2 CFR Part 180 and U.S. Office of Management and Budget (OMB) Guidance, which requires in
pertinent part that when a non-federal entity enters into a covered transaction with an entity at a lower tier, the
non-federal entity must verify that the entity is not suspended or debarred or otherwise excluded.
SUBRECIPIENT shall be responsible to ensure that it has checked the federal System for Awards Management
(SAM), https://sam.gov/content/exclusions and the State Debarred Vendors Listing,
https://ncadmin.nc.gov/documents/nc-debarred-vendors, to verify that contractors or subrecipients have not been
suspended or debarred from doing business with the federal government.
E. Per 09 NCAC 03M, agencies shall not disburse any state financial assistance to an entity that is on the Suspension
of Funding List (SOFL). OSBM maintains the SOFL. The SOFL is updated on a weekly basis. SUBRECIPIENT
is prohibited under this MOA from procurement, and/or contracting with any entity listed on the SOFL using
these grant funds.
F. Indirect Costs. No indirect or administrative costs will be charged to this award. See 2 CFR 200.332(a).
G. Requests for Reimbursement (RFR). Submit RFR for items or services received to: hsgp@ncdps.gov.
RECIPIENT will reimburse SUBRECIPIENT for eligible costs as outlined in the applicable DHS program
guidelines and FY2023 HSGP NOFO. SUBRECIPIENT must take possession of all purchased equipment and
receive any grant-eligible service prior to seeking reimbursement from RECIPIENT. SUBRECIPIENT must
submit request for reimbursement within 60 days of payment of invoice. Requests for reimbursement submitted
more than 60 days after SUBRECIPIENT payment of invoice may be denied.
RFR must include sufficient documentation that approved expenditures have been properly invoiced and paid by
SUBRECIPIENT, and that the products and/or services have in fact been received by SUBRECIPIENT. RFRs
must also include a cost report form (supplied by the RECIPIENT) and a summary of all expenditures included in
the RFR completed by SUBRECIPIENT. Summary of expenditures should include at a minimum: vendor name,
date of purchase, invoice number, total invoice amount, and reimbursable amount.
H. Funds Management. SUBRECIPIENT agrees that funds paid through this grant shall be accounted for in a
separate fund and accounting structure within SUBRECIPIENT’s central accounting and grant management
system. SUBRECIPIENT 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. Subrecipient must have an acceptable local travel
regulation plan or accept the state travel regulations. Refer to 2 CFR 200.475 for travel costs.
ii. If eligible, SUBRECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of all sales
and use taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-164.14; and (b) exclude
all refundable sales and use taxes from all reported expenditures.
I. Maintain Required Subrecipient File Documentation as specified in this MOA (Attachment 3). SUBRECIPIENT
is required to maintain all records of this grant for three years after termination of the grant, or audit if required, or
longer where required by law, as outlined below. SUBRECIPIENT must meet the record retention requirements
in 2 CFR 200.334 and must maintain a file for each HSGP grant award. However, if any litigation, claim or audit
has been initiated prior to the expiration of the three-year period, the records shall be retained until all litigation,
claims or audit findings involving the records have been resolved. The following files must be available for
review by NCEM staff for site visits, project closeout and audits:
i. Resolution/ordinance establishing SUBRECIPIENT as a state or local government entity.
ii. Award letter, MOA, and supporting attachments.
iii. Completed appropriate reports with specifications, solicitations, competitive quotes or proposals, basis for
selection decisions, purchase orders, contracts, invoices and proof(s) of payment.
iv. Audit findings and corrective action plans.
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J. Property and Equipment. SUBRECIPIENT shall have sole responsibility for the maintenance, insurance, upkeep,
and replacement of any equipment procured pursuant to this MOA as follows:
i. Only allowable equipment listed in the Authorized Equipment List (AEL) for HSGP are eligible for purchases
from this grant.
ii. Property and equipment purchased with HSGP funds shall be titled to SUBRECIPIENT, unless otherwise
specified by NCEM, DHS and/or FEMA. SUBRECIPIENT shall be responsible for the custody and care of
any property and equipment purchased with HSGP funds furnished for use in connection with this MOA, and
shall reimburse RECIPIENT for any loss or damage to said property until the property is disposed of in
accordance with HSGP Program requirements. RECIPIENT will not be held responsible for any property
purchased under this MOA.
iii. SUBRECIPIENT must utilize all property and equipment as intended in their project application to NCEM.
Any variation from this intended use must be requested in writing and approved by NCEM.
iv. RECIPIENT and SUBRECIPIENT shall take an initial physical inventory of any equipment. Equipment is
defined as tangible, non-expendable property having a useful life of more than one year and an acquisition
cost of $5,000 or more per unit. SUBRECIPIENT may have property management guidelines that are more
restrictive, requiring a unit of equipment with a value of less than $5,000 to be inventoried. If so, such
equipment purchased under this award allocation shall be included on the report submitted to RECIPIENT.
The grant summary, cost reports with backup documentation, certificate of title, and any other
SUBRECIPIENT reports or inventory reports that include information regarding the grant, vendor, invoice
number, cost per item, number of items, description, location, condition and identification number may be
used to meet this requirement.
v. SUBRECIPIENT must ensure a control system exists to ensure adequate safeguards to prevent loss, damage
or theft. SUBRECIPIENT shall be responsible for replacing or repairing equipment which is willfully or
negligently lost, stolen, damaged, or destroyed. Any loss, damage or theft of the property must be
investigated and fully documented and made part of the official project records.
vi. SUBRECIPIENT or equipment owner must ensure adequate maintenance procedures exist to keep the
equipment in good condition.
vii. Use. Per 2 CFR 200.313, during the time that equipment is used on the project or program for which it was
acquired, SUBRECIPIENT must also make the equipment available for use on other projects or programs
currently or previously supported by this or other federal grants, provided that such use will not interfere with
the work on the projects or program for which it was originally acquired. First preference for other use must
be given to other programs or projects supported by DHS that financed the equipment and second preference
must be given to other programs or projects under grants from other federal awarding agencies. NCEM, in
conjunction with DHS and/or FEMA, will determine and direct how equipment will be redeployed.
K. Disposition Procedures. Unless otherwise directed by RECIPIENT, DHS and/or FEMA, SUBRECIPIENT may
dispose of the equipment when the original or replacement equipment acquired under the grant award is no longer
needed for the original project or program, or for other activities currently or previously supported by a federal
awarding agency. However, SUBRECIPIENT must notify RECIPIENT (hsgp@ncdps.gov) prior to disposing of
any equipment purchased with grant funds. Items with a fair market value of less than $5,000 may be retained,
transferred or otherwise disposed of with prior approval of NCEM and in accordance with disposition
requirements in 2 CFR 200.313. Unless otherwise directed by NCEM, DHS and/or FEMA, items with a current
per unit standard federal or fair market value in excess of $5,000 may be retained but may not be transferred or
otherwise disposed of without prior NCEM approval in accordance with disposition requirements in 2 CFR
200.313. SUBRECIPIENT must provide documentation that includes the method used to determine current fair
market value. This applies for the lifetime of the equipment purchased with federal grant funds, even if the
federal grant is closed.
L. Communications equipment. In an effort to align communications technologies with current statewide
communications plans, systems, networks, strategies and emerging technologies, the NCEM Communications
Branch requires that purchases made with grant funds meet the standards identified in Attachment 6.
M. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of
any training, exercise or work activities beyond that identified in the approved scope of work specified in
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Attachment 1 and any approved amendments, shall be the sole responsibility of SUBRECIPIENT and shall not be
reimbursed under this MOA.
N. Conflicts of Interest.
i. State Law. Per N.C.G.S. § 143C-6-23(b), SUBRECIPIENT is required to file with RECIPIENT a copy of
SUBRECIPIENT’s policy addressing conflicts of interest that may arise involving SUBRECIPIENT’s
management employees and the members of its board of directors or other governing body. The policy shall
address situations in which any of these individuals may directly or indirectly benefit, except as
SUBRECIPIENT’s employees or members of its board or other governing body, from RECIPIENT’s
disbursing of grant funds, and shall include actions to be taken by SUBRECIPIENT or the individual, or both,
to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before
RECIPIENT may disburse any grant funds.
ii. Federal Law – Grant Administration. Per 2 CFR 200.112 and the 2023 FEMA Preparedness Grants Manual,
all subrecipients must disclose in writing to NCEM, and attempt to avoid, any real or potential conflict of
interest that may arise during the administration of a federal grant award. For purposes of this MOA,
conflicts of interest may arise in situations where a subrecipient employee, officer, or agent, any members of
his or her immediate family, or his or her partner has a family relationship, close personal relationship,
business relationship, or professional relationship, with anybody at DHS, FEMA and/or NCEM involved in
the administration of this grant award.
iii. Federal Law – Procurement. Per 2 CFR 200.318 and the 2023 FEMA Preparedness Grants Manual, all
subrecipients that are non-federal entities other than states are required to maintain written standards of
conduct covering conflicts of interest and governing the actions of their employees engaged in the selection,
award, and administration of contracts. No employee, officer, or agent may participate in the selection, award,
or administration of a contract supported by a federal award if he or she has a real or apparent conflict of
interest. Such conflicts of interest would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner, or an organization that employs or is about to employ any of the parties
indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a
contract. The officers, employees, and agents of the subrecipient may neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. However, subrecipients may
set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of
nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of
such standards by officers, employees, or agents of the subrecipient. All subrecipients must disclose in writing
to NCEM, and attempt to avoid, any real or potential conflicts of interest with respect to procurement,
contracting and subcontracting with funds provided under this grant award. Upon request, subrecipients must
also provide a copy of their standards of conduct policy covering conflicts of interest with respect to
procurement, contracting and subcontracting with funds provided under this grant award.
O. Environmental Planning and Historic Preservation (EHP) Compliance. Subrecipients proposing projects that
could impact the environment, including, but not limited to, the construction of communication towers,
modification or renovation of existing buildings, structures, and facilities, or new construction including
replacement of facilities, must participate in the DHS/FEMA EHP review process. For details:
https://www.fema.gov/grants/preparedness/preparedness-grants-ehp-compliance. See paragraph 16. below.
P. All materials publicizing or resulting from award activities, including websites, social media and TV/radio, shall
contain this acknowledgement: “This project was supported by a federal award from the US Department of
Homeland Security, Department of Public Safety, North Carolina Emergency Management.” Use of DHS seal(s),
logo(s) and flags must be approved by DHS. Printed as a legend, either below or beside the logo(s) shall be the
words “Funded by US Department of Homeland Security”.
Q. Comply with the applicable federal statutes, regulations, policies, guidelines, requirements and certifications as
outlined in the FY 2023 HSGP NOFO and Subaward Notification.
R. DHS Standard Terms and Conditions
SUBRECIPIENT must comply with all applicable provisions of the FY23 DHS Standard Terms and Conditions
(Attachment 5). This applies to all new federal financial assistance awards funded in FY23. These terms and
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conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The
United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources
are referenced with no digital links. The FY23 DHS Standard Terms and Conditions is housed on dhs.gov at
www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
S. Closeout Reporting Requirements. In accordance with 2 CFR 200.344, SUBRECIPIENT must submit to
RECIPIENT, no later than 90 calendar days after the end date of the POP, all financial, performance, and other
reports as required by the terms and conditions of the federal award, this MOA and FY23 DHS Standard Terms
and Conditions (Attachment 4) incorporated by reference herein, for the performance of the activities.
Documentation required
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 RECIPIENT.
v. SUBRECIPIENT agrees that all program activity results information reported shall be subject to review and
authentication and SUBRECIPIENT will provide access to work papers, receipts, invoices and reporting
records, if requested by RECIPIENT, as RECIPIENT executes any audit internal audit responsibilities.
vi. Once the complete final performance and financial status report package has been received and evaluated by
RECIPIENT, SUBRECIPIENT will receive official notification of MOA close-out from RECIPIENT.
vii. The notification will inform SUBRECIPIENT that RECIPIENT 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.
T. Provide a list at project closeout to designated NCEM Grants Manager and NCEM Grants Management Branch
(ncemgrants1@ncdps.gov), DPR Chair as applicable, and Branch Office of all items purchased through
this grant. This information is to be reported on the “Grant‐Funded Typed Resource Report”
(Attachment 3) or similar spreadsheet. See FEMA Resource Typing Library Tool (RTLT):
https://rtlt.preptoolkit.fema.gov/Public
12. Taxes
SUBRECIPIENT shall be considered to be an independent subrecipient and as such shall be responsible for ALL
taxes. There shall be no reimbursement for taxes incurred by SUBRECIPIENT under this grant.
If eligible, SUBRECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use
taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-164.14; and (b) exclude all refundable
sales and use taxes from all reported expenditures.
13. Warranty
As an independent subrecipient, SUBRECIPIENT will hold RECIPIENT harmless for any liability and personal
injury that may occur from or in connection with the performance of this MOA to the extent permitted by the North
Carolina Tort Claims Act. Nothing in this MOA, express or implied, is intended to confer on any other person any
rights or remedies in or by reason of this MOA. This MOA does not give any person or entity other than the parties
hereto any legal or equitable claim, right or remedy. This MOA is intended for the sole and exclusive benefit of the
parties hereto. This MOA is not made for the benefit of any third person or persons. No third party may enforce any
part of this MOA or shall have any rights hereunder. This MOA does not create, and shall not be construed as
creating, any rights enforceable by any person not a party to this MOA. Nothing herein shall be construed as a waiver
of the sovereign immunity of the State of North Carolina.
14. State of North Carolina Reporting Requirements per NCGS 143C-6-23 and 09 NCAC 03M
North Carolina state law (N.C.G.S. 143C-6-23 and 09 NCAC 03M) requires every nongovernmental entity (including
non-profit organizations) that receives state or federal pass-through grant funds from state agencies to file annual
reports on how those grant funds were used no later than three months after the end of the non-state entity’s fiscal
year. Government entities including counties and local governments are not required to file these reports .
Refer to “State Grant Compliance Reporting Forms” on the following website for instructions and applicable forms
for nongovernmental subrecipients (including non-profit organizations) to meet these requirements:
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https://www.ncdps.gov/our-organization/emergency-management/emergency-management-grants/grants-
management-compliance.
15. Audit Requirements
For all federal grant programs, SUBRECIPIENT is responsible for obtaining audits in accordance with 2 CFR 200
Subpart F.
Per 2 CFR 200.501, a subrecipient that receives a combined $750,000 or more in funding from all federal funding
sources, even those passed through a state agency, must have a single audit conducted in accordance with 2 CFR
200.514 and GAGAS within 9 months of the subrecipient’s fiscal year end. must:
A. Post the single audit conducted in accordance with 2 CFR 200.514 and GAGAS to the Federal Audit
Clearinghouse https://harvester.census.gov/facweb/.
B. Submit to DPS Internal Audit (DPS_GrantComplianceReports@ncdps.gov) a single audit prepared and completed
in accordance with GAGAS. This can, at the option of SUBRECIPIENT, be the same single audit submitted to
the Federal Audit Clearinghouse in paragraph 15.A. above.
C. Make copies of the single audit available to the public.
Per 09 NCAC 03M.0205, a non-state entity that is not exempt from the requirements of SUBCHAPTER 03M –
UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL ASSISTANCE per 09 NCAC 03M.0201,
that receives a combined $500,000 or more in North Carolina state funding or federal funding passed through a state
agency must within 9 months of the non-state entity’s fiscal year end submit to DPS Internal Audit
(DPS_GrantComplianceReports@ncdps.gov) a single audit prepared and completed in accordance with Generally
Accepted Government Auditing Standards (GAGAS): https://www.gao.gov/yellowbook.
If SUBRECIPIENT is a unit of local government in North Carolina, SUBRECIPIENT may be subject to the audit and
reporting requirements in N.C.G.S. 159-34, Local Government Finance Act – Annual Independent Audit, rules and
regulations. Such audit and reporting requirements may vary depending upon the amount and source of grant funding
received by the SUBRECIPIENT and are subject to change (see Local Government Commission for more
information). See also 20 NCAC 03 (Local Government Commission).
16. Construction and Renovation, and Infrastructure Projects
All construction and renovation projects require EHP review. Recipients and subrecipients are encouraged to have
completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g.,
coordination with their State Historic Preservation Office to identify potential historic preservation issues and to
discuss the potential for project effects, compliance with all state and local EHP laws and requirements). Projects for
which the recipient believes an Environmental Assessment (EA) may be needed, as defined in DHS Instruction
Manual 023-01-001-01, Rev 01, FEMA Directive 108-1, and FEMA Instruction 108-1-1, must also be identified to
the FEMA HQ Preparedness Officer within six months of the award and completed EHP review materials must be
submitted no later than 12 months before the end of the POP. EHP policy guidance and the EHP Screening Form, can
be found online at: https://www.fema.gov/media-library/assets/documents/90195. EHP review materials should be
sent to hsgp@ncdps.gov.
Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or
renovation. When applying for construction funds, subrecipients must submit evidence of approved zoning
ordinances, architectural plans, and any other locally required planning permits. Additionally, subrecipients are
required to submit a SF-424C form with budget information for the construction project, and an SF-424D form for
standard assurances for the construction project.
Subrecipients using funds for construction projects must comply with:
A. Davis-Bacon Act (codified as amended at 40 U.S.C. §§ 3141 et seq.). See 6 U.S.C. § 609(b)(4)(B) (cross-
referencing 42 U.S.C. § 5196(j)(9), which cross-references Davis-Bacon). Subrecipients must ensure that their
contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers
and mechanics employed on projects of a character like the contract work in the civil subdivision of the state in
which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act,
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including Department of Labor (DOL) wage determinations, is available online at
https://www.dol.gov/whd/govcontracts/dbra.htm.
B. Build America, Buy America Act (BABAA)
If funding from this grant program is used for an “infrastructure” project, all iron, steel, manufactured products &
construction materials used in the project must be produced in the U.S. per the Build America, Buy America Act
(BABAA), unless an approved waiver applies, including the Small Projects Waiver, which waives the BABAA
requirements for all projects that do not exceed the federal simplified acquisition threshold (currently set at
$250,000). Recipients and subrecipients of this grant must also ensure that all contracts (including purchase
orders) subject to BABAA include a required contract clause and self-certification of compliance pursuant to
FEMA Interim Policy #207-22-0001: Buy America Preference in FEMA Financial Assistance Programs for
Infrastructure.
Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the
domestic preference requirement in BABAA shall file the required certification to the non-federal entity with each
bid or offer for an infrastructure project unless a domestic preference requirement is waived by FEMA.
Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will
be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are
produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall
also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance
with BABAA domestic preference requirement. Such disclosures shall be forwarded to the recipient who, in turn,
will forward the disclosures to FEMA, the federal awarding agency; subrecipients will forward disclosures to the
pass-through entity, who will, in turn, forward the disclosures to FEMA.
17. Subrecipient Monitoring
See Attachment 7 for subrecipient monitoring.
18. Points of Contact
To provide consistent and effective communication between SUBRECIPIENT and RECIPIENT, each party shall
appoint a principal representative(s) to serve as its central point(s) of contact (POC) responsible for coordinating and
implementing this MOA. The NCEM contacts shall be: Assistant Director for Homeland Security, Assistant Director
- Administration, the NCEM Grants Management Branch staff, and the NCEM Field Branch staff. SUBRECIPIENT
point(s) of contact shall be the person(s) designated by SUBRECIPIENT in the approved application (Attachment 1),
unless otherwise specified by SUBRECIPIENT. Each party shall keep the other apprised of changes to their POC.
All confidential information of either party disclosed to the other party in connection with the services provided
hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses
contemplated by the terms of this MOA. Any information to be treated as confidential must be clearly marked as
confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's
confidential information without written authorization to do so from the other party. Specifically excluded from such
confidential treatment shall be information that:
A. As of the date of disclosure and/or delivery, is already known to the party receiving such information.
B. Is or becomes part of the public domain, through no fault of the receiving party.
C. Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in
confidence.
D. Is independently developed at the receiving party by someone not privy to the confidential information.
19. Public Records Access
While this information under federal control is subject to requests made pursuant to the Freedom of Information Act
(FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a
case-by-case basis by the FEMA FOIA Office.
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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.
20. Contracting/Subcontracting
If SUBRECIPIENT contracts/subcontracts any or all purchases or services under this MOA, then SUBRECIPIENT
agrees to include in the contract/subcontract that the contractor/subcontractor is bound by the terms and conditions of
this MOA. SUBRECIPIENT and any contractor/subcontractor agree to include in the contract/subcontract that the
contractor/subcontractor shall hold NCEM harmless against all claims of whatever nature arising out of the
contractors/subcontractor's performance of work under this MOA.
If SUBRECIPIENT contracts/subcontracts any or all purchases or services required under this MOA, a copy
of the executed contract/subcontract agreement must be submitted to NCEM along with the RFR in
accordance with SUBRECIPIENT responsibilities in paragraph 11.G. above. A contractual arrangement shall in
no way relieve SUBRECIPIENT of its responsibilities to ensure that all funds issued pursuant to this grant be
administered in accordance with all state and federal requirements. SUBRECIPIENT is bound by all special
conditions of this grant award as set out in the grant application and the grant award letter Subaward Agreement
incorporated by reference herein, as well as all terms, conditions, and restrictions of the FY2023 HSGP NOFO
referenced herein.
21. Antitrust Laws
All signatories of this MOA will comply with all applicable state and federal antitrust laws.
22. Prohibition on purchasing certain telecommunications - John S. McCain National Defense Authorization Act
for Fiscal Year 2019 – Public Law 115-232, section 889 – 2 CFR 200.16
Effective August 13, 2020, FEMA grant recipients and subrecipients may not use any FEMA funds under open or
new awards to procure certain covered telecommunications equipment or services.
Definitions
Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment or
services means:
A. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any
subsidiary or affiliate of such entities);
B. For the purpose of public safety, security of Government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications equipment
produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities);
C. Telecommunications or video surveillance services provided by such entities or using such equipment; or
D. Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the People’s Republic of China.
Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and
cloud servers when produced, provided, or used by the entities listed in the definition of “covered
telecommunications equipment or services.” See 2 C.F.R. § 200.471.FEMA Policy #405-143-1Guidance is
available in FEMA Policy #405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services issued May 10, 2022.
23. Divestment and Do-Not-Contract Rules
The State of North Carolina, through the Department of State Treasurer, follows several divestment and do-not-
contract mandates. Information about each of these mandates is available
at: https://www.nctreasurer.com/about/transparency/commitment-transparency/divestment-and-do-not-contract-rules.
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SUBRECIPIENT may not contract with any vendors on any of these designated divestment and do-not-contract lists
using HSGP grant funds, and SUBRECIPIENT must comply with all other requirements of these divestment and do-
not-contract laws.
24. Acknowledgement of Federal Funding from DHS
Subrecipients must acknowledge their use of federal funding when issuing statements, press releases, requests for
proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal
funds.
25. Lobbying Prohibition
SUBRECIPIENT certifies, to the best of its knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or
employee of any state or federal agency, a member of the NC General Assembly, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
26. Assurance of Compliance with Civil Rights Act of 1964 – Title VI, Civil Rights Act of 1968, and Related
Provisions
During the performance of this agreement, SUBRECIPIENT for itself, its assignees and successors in interest agrees
as follows:
A. Age Discrimination Act of 1975
Subrecipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135
(1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the
basis of age in any program or activity receiving federal financial assistance.
B. Americans with Disabilities Act of 1990
Subrecipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act,
Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101 - 12213), which prohibits Subrecipients
from discriminating on the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities.
C. Civil Rights Act of 1964 - Title VI
Subrecipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as
amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial assistance. DHS
implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
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D. Civil Rights Act of 1968
Subrecipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through
Pub. L. 113-4, which prohibits Subrecipients from discriminating in the sale, rental, financing, and advertising of
dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin,
religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S.
Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or more dwelling units - i.e., the
public and common use areas and individual apartment units (all units in buildings with elevators and
ground-floor units in buildings without elevators) - be designed and constructed with certain accessible features.
(See 24 C.F.R. Part 100, Subpart D.)
E. Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX
Subrecipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-
318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United
States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving federal financial assistance. DHS
implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
F. Limited English Proficiency (Civil Rights Act of 1964 - Title VI)
Subrecipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.)
prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services. For additional assistance and information regarding language
access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-
people-limited and additional resources on http://www.lep.gov.Guidance for Department-Supported
Organizations to Provide Meaningful Access to People with Limited English Proficiency | Homeland Security
CRCL announced that DHS has published new Guidance for Subrecipients of DHS financial assistance in the
Federal Register.
G. Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs
administered or supported by DHS or its component agencies, enabling those organizations to participate in
providing important social services to beneficiaries. Subrecipients must comply with the equal treatment policies
and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing
the participations of faith-based organizations in individual DHS programs.
H. Rehabilitation Act of 1973
Subrecipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-
112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified
handicapped individuals in the United States will, solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
I. Whistleblower Protection Act
Subrecipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.C section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
27. Assurance of Compliance with Privacy Act
SUBRECIPIENT agrees:
A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there under,
when performance under the program involves the design, development, or operation of any system or records on
individuals to be operated by the Subrecipient, its third-party subrecipients, contractors, or their employees to
accomplish a DHS function.
B. To notify DHS when the Subrecipient or any of its third-party contractors, subcontractors, subrecipients, or their
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employees anticipate a system of records on behalf of DHS in order to implement the program, if such system
contains information about individuals name or other identifier assigned to the individual. A system of records
subject to the Act may not be used in the performance of this MOA until the necessary and applicable approval
and publication requirements have been met.
C. To include in every solicitation and in every third-party contract, sub-grant, and when the performance of work,
under that proposed third-party contract, sub-grant, or sub-agreement may involve the design, development, or
operation of a system of records on individuals to be operated under that third-party contract, sub grant, or to
accomplish a DHS function, a Privacy Act notification informing the third party contractor, or subrecipient, that it
will be required to design, develop, or operate a system of records on individuals to accomplish a DHS function
subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable DHS regulations, and that a violation of the
Act may involve the imposition of criminal penalties; and
D. To include the text of Sections 30 parts A through C in all third-party contracts, and sub grants under which work
for this MOA is performed or which is awarded pursuant to this MOA, or which may involve the design,
development, or operation of a system of records on behalf of the DHS.
28. Best Practices for Collection and Use of Personally Identifiable Information
Subrecipients who collect personally identifiable information (PII) are required to have a publicly available privacy
policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any
information that permits the identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. Subrecipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy Template as useful resources respectively.
29. Certification Regarding Drug-Free Workplace Requirements (Subrecipients Other Than Individuals)
Subrecipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an
individual) of 2 C.F.R. Part 3001, which adopts the Governmentwide implementation (2 C.F.R. Part 182) of Sec.
5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
30. Term of this Agreement
Regardless of actual execution date, this MOA shall be in effect from the start of the POP on 09/01/2023 to the end of
the POP.
31. Statement of Assurances
SUBRECIPIENT must complete either Office of Management and Budget (OMB) Standard Form 424B Assurances –
Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, or both, as
applicable.
A. Subrecipients that only have construction work and do not have any non-construction work need only submit the
construction form (i.e., SF-424D) and not the non-construction form (i.e., SF-424B), and vice versa. However,
subrecipients who have both construction and non-construction work under this grant must submit both the
construction and non-construction forms.
B. SUBRECIPIENT must complete the appropriate form(s) and submit to NCEM Grants Management Branch
(hsgp@ncdps.gov) upon execution of this MOA. SUBRECIPIENT must still complete the appropriate form(s)
even if certain assurances in the form may not directly apply to SUBRECIPIENT’s specific program to ensure
that all possible situations are covered.
32. 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.
33. 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.
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34. 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.
35. Modification
This MOA may be amended only by written amendments duly executed by RECIPIENT and SUBRECIPIENT.
36. Termination
The terms and conditions of this MOA, as modified with the consent of all parties, will remain in effect until February
28, 2026. Either party upon thirty days advance written notice to the other party may terminate this MOA. Upon
approval by DHS, FEMA and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination
date for the extension will be the date listed in the applicable DHS, Grant Adjustment Notice, incorporated by
reference herein. If DHS suspends or terminates funding in accordance with 2 CFR 200.340 and the 20223 HSGP
NOFO, incorporated by reference herein, SUBRECIPIENT shall reimburse NCEM for said property and/or expenses.
37. Compliance
SUBRECIPIENT shall comply with applicable federal, state, local and/or tribal statutes, regulations, ordinances,
licensing requirements, policies, guidelines, reporting requirements, certifications and other regulatory matters for the
conduct of its business and purchase requirements performed under this MOA. This includes all requirements
contained in the applicable FY 2023 HSGP NOFO referenced in paragraph 2. above. SUBRECIPIENT shall be
wholly responsible for the purchases made under this MOA and for the supervision of its employees and assistants.
Failure to comply with the specified terms and conditions of this MOA may result in the return of funds and any other
remedy for noncompliance specified in 2 CFR 200.339, and/or termination of the award per 2 CFR 200.340.
Additional conditions may also be placed upon SUBRECIPIENT for noncompliance with the specified terms and
conditions of this MOA, including (but not limited to) additional monitoring. See Attachment 6 for subrecipient
monitoring.
38. Execution and effective date
This grant shall become effective upon return of the original grant award letter and MOA, properly executed on behalf
of SUBRECIPIENT, to NCEM on behalf of RECIPIENT and will become binding upon execution of all parties to
this MOA. The conditions of this MOA are effective upon signature by all parties.
This MOA shall be in effect from 09/01/2023 through the end of the POP. Failure to provide applicable cost reports,
proofs of payment and/or a de-obligation request letter within 30 days of the end of the POP may result in automatic
de-obligation of grant funds.
39. Attachments
All attachments to this Agreement are incorporated as if set out fully herein.
A. In the event of any inconsistency or conflict between the language of this MOA and the attachments hereto, the
language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency.
B. This MOA includes the following attachments or documents incorporated by reference as if fully set out herein:
Attachment 1 Scope of Work
Attachment 2 Annual Progress Report Form
Attachment 3 Grant-Funded Typed Resource Report
Attachment 4 DHS Standard Terms and Conditions
Attachment 5 Required Subrecipient File Documentation
Attachment 6 NCEM Communications Branch Memo
Attachment 7 Subrecipient Monitoring
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AUTHORIZED SIGNATURE WARRANTY
THE UNDERSIGNED REPRESENT AND WARRANT THAT THEY ARE AUTHORIZED TO BIND THEIR
PRINCIPALS TO THE TERMS OF THIS MOA. IN WITNESS WHEREOF, RECIPENT AND SUBRECIPIENT
HAVE EACH EXECUTED THIS MOA AND THE PARTIES AGREE THAT THE MOA IS EFFECTIVE AS OF THE
POP START DATE, EVEN IF THIS MOA IS SIGNED BY ANY PARTIES AFTER THAT DATE.
For RECIPIENT:
Approved
By: ________________________________
William C. Ray, Director & Deputy
Homeland Security Advisor
North Carolina Department of Public Safety
Division of Emergency Management
Date: __________________
For SUBRECIPIENT:
Approved
By: ________________________________ Date: __________________
By: ________________________________ Date: __________________
By: ________________________________ Date: __________________
For DESIGNATED THIRD PARTY (only required for turnbacks to third party in paragraph 4 of MOA):
Approved
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: __________________
DocuSign Envelope ID: A3B3BE4B-4CC6-42C0-990E-FB1A01D66CB4
10/16/2023 | 13:36:34 EDT
10/17/2023 | 11:21:04 EDT
10/18/2023 | 08:35:45 EDT