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HomeMy WebLinkAboutFY24 Emerg Mgt HSGP CommEx MOA 2241003DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 IAC Department of Public Safety EMERGENCY MANAGEMENT Roy Cooper, Governor Eddie M. Buffaloe Jr., Secretary William C. Ray, Director Homeland Security Grant Program (HSGP) Fiscal Year 2022 AL #: 97.067 Grant #: EMW-2022-SS-00018 Memorandum of Agreement (MOA) Recipient: Sub-Subrecipient: State of North Carolina NEW HANOVER COUNTY Department of Public Safety Tax ID/EIN 4:56-6000324 Emergency Management UEID # F7TLT2GMEJEI MOA #: 2241003 Award amount: $5,000.00 Period of performance: September 1, 2022 to February 28, 2025 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.p-ov/grants/preparedness/homeland-security. The purpose of this MOA is to set forth terms by which the Recipient, State of North Carolina, Department of Public Safety, North Carolina Emergency Management (NCEM), shall provide HSGP funding that was previously turned back to Recipient from a different subrecipient and is now being provided to the Sub-Subrecipient identified in this MOA. This is to fund projects related to Homeland Security Training and Exercises. Planning, Operations and Equipment purchases are not authorized under this MOA. For a more detailed description see approved Scope of Work Attachment 1. 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 - § 609), (2) Department of Homeland Security Appropriations Act, 2022 (Pub. L. No. 117-103), (3) FY 2022 HSGP Notice of Funding Opportunity (NOFO): https://www.ncdps.gov/2022-hsgp-notice-funding-opportunity, (4) applicable FEMA Grant Programs Directorate Information Bulletins (see https://www.fema.gov/grants/preparedness/about/informational- bulletins), and (5) NC Emergency Management Act, North Carolina General Statutes (N.C.G.S.) Chapter 166A. DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 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. 3. Compensation Recipient agrees that it will pay Sub-Subrecipient compensation for eligible services to be rendered by Sub- Subrecipient. Payment to Sub-Subrecipient for expenditures under this MOA will be reimbursed after Sub- Subrecipient's cost report is submitted and approved for eligible scope of work activity. Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced, products or services received (i.e., invoices, contracts, itemized expenses, etc.), and proof of payment is provided. These documents must be submitted no later than March 31, 2025. The original signed copy of this MOA must be signed by the Official(s) authorized to sign below and returned to North Carolina Emergency Management no later than 45 days after the MOA has been submitted for execution. This MOA shall be effective upon return of execution from SUBRECIPIENT and final approval by RECIPIENT. Upon final approval of this MOA by RECIPIENT, the period of performance (POP) for this grant is September 1, 2022 — February 28, 2025. Grant funds will be disbursed upon receipt of evidence that funds have been invoiced, products or services received, and proof of payment is provided. Any unexpended grant funds remaining after POP revert to RECIPIENT. A. SUBRECIPIENT understands and acknowledges that total funding level available under this MOA will not exceed the awarded amount $5,000.00. SUBRECIPIENT acknowledges that they are further prohibited from sub -granting these funds. Attachment 1 and any approved amendments constitute the approved scope of work for this grant award. B. Pursuant to N.C.G.S 143C-1-1, SUBRECIPIENT understands and agrees that funding shall be subject to the availability of appropriated funds. However, in the event of MOA termination due to lack of adequate appropriated funds, RECIPIENT will ensure that it will pay for services and goods acquired and obligated on or before the notice of agreement termination. Sub-Subrecipient must meet all reimbursement requirements contained herein. Non-compliance may result in denial of grant funds awarded for this project. See also paragraph 7 below regarding compliance. 4. 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. 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: A. Sub-Subrecipient must: i. Be established as a state, local, or nonprofit agency by appropriate resolution/ordinance. ii. Sub-Subrecipient must have a Unique Identity ID (UEID) prior to any funds being released. UEID may be obtained from http://www.sam.gov. iii. Sub-subrecipient shall ensure their organization is registered with the System for Award Management (SAM). Every applicant is required to have their name, address, DUNS number and EIN up to date in SAM, and the DUNS number 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 contingent on the information provided in SAM; therefore it is imperative that the information is correct. iv. Complete any procurement(s) and expenditures no later than February 28, 2025. v. 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 I I .G. below. HSGP MOA 2022 2 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 vi. 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. vii. Submit requests for reimbursement with all required documentation attached. B. File Retention (see Attachment 5 "Required Sub-Subrecipient File Documentation"): Sub-Subrecipient is required to maintain records and (invoices) of this grant for three years after termination of the grant, or audit if required, or longer where required by law, as outlined below, attached and incorporated by reference. Recipient 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 and extends beyond the five-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 Sub-Subrecipient as a state or local government, or nonprofit organization. ii. Award letter, MOA, and supporting appendices. iii. Completed appropriate reports with specifications, solicitations, competitive quotes or proposals, basis for selection decisions, purchase orders, contracts, invoices and proof(s) of payment. iv. Audit findings and corrective action plans. 5. Conditions SUBRECIPIENT certifies that it understands and agrees that funds will only be expended for those projects outlined in the funding amounts as individually listed in the FY 2022 HSGP Application packet, incorporated by reference herein. RECIPIENT and SUBRECIPIENT certify that each understands and agrees to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the applicable laws, rules and policies governing these funds; that all information is correct; that there has been appropriate coordination with affected agencies; that RECIPIENT is duly authorized to commit SUBRECIPIENT to these requirements; that costs incurred prior to the POP or after the POP (plus any approved extensions to the POP) will result in the expenses being absorbed by SUBRECIPIENT; and that all agencies involved with this project understand that all federal funds are limited to the federal period of performance. A. SUBRECIPIENT must: i. SUBRECIPIENT is required to have and maintain a current Unique Entity Identifier created in the System for Award Management (SAM). Current SAM registrants have already been assigned their Unique Entity Identifier and can view it within SAM. ii. Ensure their organization is registered with SAM. Every applicant is required to have their name, address and EIN up to date in SAM. SAM information can be found at http://www.sam.gov After April 4, 2022, the Unique Entity Identifier in SAM becomes the official identifier for doing business with the U.S. Government. iii. Complete any procurements, expenditures, and receipt of goods or services within the POP. iv. No Match Requirement. SUBRECIPIENT is not required to provide matching funds in cash or in- kind for this award. v. SUBRECIPIENT must submit requests for reimbursement with all required documentation attached. Once RECIPIENT is satisfied that SUBRECIPIENT has provided all required documentation, the requested distributions can be processed for payment. The distributions of funds will be coded to cost center 1502-7A46-31412 in the North Carolina Accounting System (MCAS). HSGP MOA 2022 3 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 B. Required Documents/Forms. SUBRECIPIENT must submit the following documents to RECIPIENT (ncemgrantsI @ncdps.gov) upon execution of this MOA: i. W-9 (09 NCAC 03M.0202) ii. Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202) iii. Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C -6-23.(c)) iv. Conflict of Interest Policy (G.S. 143C-6-23. (b)) v. Copy of SUBRECIPIENT's procurement policy 6.Supplantation Sub-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. Sub-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. 7. Compliance Sub-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 2022 HSGP NOFO referenced in paragraph 2 above. Sub-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 Sub-Subrecipient for noncompliance with the specified terms and conditions of this MOA, including (but not limited to) additional monitoring. 8. Responsibilities Recipient: A. Recipient shall provide funding to Sub-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. The federal award date is September 1, 2022. Funds allocated must be encumbered and invoices received by NCEM by February 28, 2025. D. Recipient shall directly monitor the completion of this project. Sub-Subrecipient: A. This MOA must be signed and returned to NCEM within 45 days after Sub-Subrecipient receives notice of this award. The grant shall be effective upon return of the executed Grant Award and MOA and final approval by NCEM of the grant budget and program narrative. B. The Sub-Subrecipient shall expend FY 2022 HSGP Grant Program funds in accordance with the FY2022 HSGP NOFO, the grant application, and Subaward Notification. C. Closeout Requirements. Sub-Subrecipient must comply with all applicable closeout requirements specified in 2 CFR 200.344 no later than 30 calendar days after the end date of the period of performance, including submission of any financial, performance, and other reports as required by the terms and conditions of the federal award, this MOA and DHS Standard Terms and Conditions (Attachment 4), incorporated by reference herein, for the performance of the activities. HSGP MOA 2022 4 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 D. Procurement. The Sub-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. Sub-Subrecipient must follow procurement procedures and policies as outlined in the applicable FY2022 HSGP NOFO, Appendix II of 2 CFR Part 200 -Contract Provisions for Non -Federal Entity. Contracts Under Federal Awards, and the 2022 FEMA Preparedness Grants Manual. Sub-Subrecipient shall comply with all applicable laws, regulations and program guidance. Sub-Subrecipient must comply with the most recent version of the funding administrative requirements, cost principles, and audit requirements. 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, 695 70 and 83; and Grant Award and Special Conditions documents. E. Submit invoice(s) requesting reimbursement for services and items received to NCEM Training & Exercises Branch (chris.callCe ncdps.gov,). Recipient will reimburse Sub-Subrecipient for eligible costs as outlined in the applicable DHS program guidelines and FY2022 HSGP NOFO. Sub-Subrecipient must take possession of all purchased equipment and receive any grant -eligible service prior to seeking reimbursement from the Recipient. Sub-Subrecipient must submit request for reimbursement within 60 days of payment of invoice. Requests for reimburstment submitted more than 60 days after Sub- Subrecipient payment of invoice may be denied. F. Complete the procurement(s) process not later than February 28, 2025. G. Submit annual progress reports to NCEM Training & Exercises Branch (chris.callgncd s. ov) using the grant Annual Report form (Attachment 2) for any year in which Sub-Subrecipient expends funds under this MOA. These reports are to be submitted on a calendar year basis on or before the following dates: July 2024 and July 2025. These reports can be submitted along with the associated request for reimbursement (RFR) if the RFR is submitted by the last day of the respective quarter in which the funds are expended. H. Maintain a grant management filing system as required in this MOA (Attachment 5). I. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the FY 2022 HSGP NOFO and Subaward Notification, and DHS Standard Terms and Conditions (Attachment 4). J. 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. Sub-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, HSGP MOA 2022 5 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 https://ncadmin.ne.p-ov/documents/nc-debarred-vendors, to verify that contractors or subrecipients have not been suspended or debarred from doing business with the federal government. K. Ensure that HSGP funds are not used to support hiring sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities. L. Non -Supplanting Requirement. See paragraph 6 (Supplantation). M. All materials publicizing or resulting from award activities 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 the federal program logo must be approved by DHS. Printed as a legend, either below or beside the logo shall be the words "Funded by US Department of Homeland Security". N. Indirect Costs. No indirect or administrative costs will be charged to this award. See 2 CFR 200.332(a). O. 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 Sub-Subrecipient and shall not be reimbursed under this MOA. P. Conflicts of Interest. Per 2 CFR 200.112 and the 2022 FEMA Preparedness Grants Manual, all sub- 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 sub-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. Per 2 CFR 200.318 and the 2022 FEMA Preparedness Grants Manual, all sub-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 sub-subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, sub-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 Sub-Subrecipient. All sub-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, sub-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. Q. Environmental Planning and Historic Preservation (,EHP) Compliance. Sub-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 see: https://www.fema.gov/grants/preparedness/preparedness-grants-ehp� compliance. HSGP MOA 2022 6 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 R. Sub- Subrecipient must have an acceptable local travel regulation plan or accept the state travel regulations. Refer to 2 CFR 200.475 for travel costs. 9. 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 FY2022 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-prants and https://www.fema.gov/grants/guidance-tools. Allowable costs are also subject to the approval of the State Administrative Agent for the State of North Carolina, the Secretary of the Department of Public Safety. 10. Taxes Sub-Subrecipient shall be considered to be an independent sub-subrecipient and as such shall be responsible for ALL taxes. There shall be no reimbursement for taxes incurred by the sub-subrecipient under this grant. If eligible, SUBRECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reported expenditures. 11. Warranty As an independent sub-subrecipient, the Sub-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. 12. 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 NTCAC 03M) requires every non -state entity (including non-profit organizations, counties and local governments) 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. Refer to "State Grant Compliance Reporting Forms" on the following website for instructions and applicable forms for sub-subrecipients to meet these requirements: https://www.nedps.gov/our- org,anization/emergency-management/emer encs-management-grants/grants-management-compliance . Level (Less than $25,000) A grantee receiving less than $25,000 (combined) in state or federal pass through funds must submit: • Certification Form. • State Grants Compliance Reporting for Receipts of Less than $25,000. 0 Level I form and reporting instructions are available on the above website. Level II ($25,000 - $499,999) A grantee that receives between $25,000 - $499,999 (combined) in state or federal pass-through funding must submit: 0 Certification Form. HSGP MOA 2022 7 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 • State Grants Compliance Reporting for Receipts of $25,000 or More. • Schedule of Receipts and Expenditures. • Program Activities and Accomplishments Reports. • Level II form and reporting instructions are available on the above website. Level III $500.000 - $ 749 999 A grantee that receives a combined $500,000 or more in state funding or federal pass-through funding must submit: • Certification Form. • State Grants Compliance Reporting for Receipts of $25,000 or More. • Program Activities and Accomplishments Reports. • Level III form and reporting instructions are available on the above website. • Submit within nine months of the grantee's fiscal year end: Submit to DPS Internal Audit a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards. See paragraph 13 below for audits. Level HI Continued ($750,000+)_ A grantee that receives a combined $750,000 or more in funding from all federal funding sources, even those passed through a state agency must submit: • Certification Form. • State Grants Compliance Reporting for Receipts of $25,000 or More. • Program Activities and Accomplishments Reports. • Level III form and reporting instructions are available on the above website. • Submit within nine months of the grantee's fiscal year end: o Submit to DPS Internal Audit a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards. o Post the single audit to the Federal Audit Clearinghouse (https:Hharvester.census.gov/facwebl . o Make copies of the single audit available to the public. See paragraph 13 below for audits. 13. Audit Requirements For all federal grant programs, Sub-Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. Per 09 NCAC 03M .0205, a sub-subrecipient 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 sub- subrecipient's fiscal year end submit to DPS Internal Audit (AuditGrantsRe ort Zi,ncd s.�,ov) a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards (GAGAS): https://www.gao.gov/}!eilowbook. Per 2 CFR 200.501, a sub-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 HSGP MOA 2022 8 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 accordance with 2 CFR 200.514 and GAGAS within 9 months of Sub-Subrecipient's fiscal year end. Sub- Subrecipient must: A. Post the single audit conducted in accordance with 2 CFR 200.514 and GAGAS to the Federal Audit Clearinghouse https:Hharvester.census.gov/facweb/. B. Submit to DPS Internal Audit (AuditGrantsReportLc ncdps.gov) a single audit prepared and completed in accordance with GAGAS. This can, at the option of Sub-Subrecipient, be the same single audit submitted to the Federal Audit Clearinghouse in paragraph D.A. above. C. Make copies of the single audit available to the public. 14. Sub-Subrecipient Monitoring See Attachment 7 for sub-subrecipient monitoring. 15. Points of Contact To provide consistent and effective communication between Sub-Subrecipient and NCEM, each party shall appoint a Principal Representative(s) to serve as its central point of contact (POC) responsible for coordinating and implementing this MOA. The NCEM contact shall be the NCEM Exercise Branch Manager or their designee. The Sub-Subrecipient point of contact shall be the person designated by the Sub-Subrecipient. The Sub-Subrecipient must immediately notify NCEM if the there is any change in the Sub-Subrecpient POC for this MOA. 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 parry'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. 16. 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. This MOA may be subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes. 17. Contracting/Subcontracting If Sub-Subrecipient contracts/subcontracts any or all purchases or services under this MOA, then Sub- Subrecipient agrees to include in the contract/subcontract that the contractor/subcontractor is bound by the terms and conditions of this MOA. Sub-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 Sub- Subrecipient contracts/subcontracts any or all purchases or services required under this MOA, a copy of the executed contract/subcontract agreement must be forwarded to NCEM. A contractual arrangement shall in no way relieve Sub-Subrecipient of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. Sub-Subrecipient is bound by all special conditions of this grant award as set out in the grant application and the grant award letter Subaward HSGP MOA 2022 9 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 Agreement incorporated by reference herein, as well as all terms, conditions and restrictions of the FY2022 HSGP NOFO referenced herein. 18. 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. 19. Antitrust Laws All signatories of this MOA will comply with all applicable state and federal antitrust laws. 20. 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. 21. 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. 22. Modification This MOA may be amended only by written amendments duly executed by the Recipient and the Sub- Subrecipient. 23. 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 recipients and sub-subrecipients may not use any FEMA funds under open or new awards to: A. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system. B. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system. C. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Replacement Equipment and Services FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition. Recipients and sub-subrecipients should refer to applicable program guidance or contact the applicable program office to determine if replacement equipment or services is eligible under that program. Definitions Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services means: A. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). B. For 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. 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 HSGP MOA 2022 10 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. FEMA Policy #405-143-1 Refer to FEMA Policy #405-143-1 for specific guidance: htt s://www.fema. ov/sites/default/files/documents/femarohibitions-ex endin -fema-award-funds- covered-telecommunications-eduiliment-services.pdf 24. Certification of eligibility --Under the Iran Divestment Act Pursuant to G.S. 147-86.60, any company identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S, 147-86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the state. The Iran Divestment Act of 2015, G.S. 147-86.55 et seq. requires that each vendor, prior to contracting with the state certifies, and the undersigned on behalf of the Vendor does hereby certify, to the following: A. That the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran. B. That the vendor shall not utilize on any contract with the state agency any subcontractor that is identified on the Final Divestment List. C. That the undersigned is authorized by the Vendor to make this Certification. The State Treasurer's Final Iran Divestment List can be found on the State Treasurer's website at the address: https://vvww.nctreasurer.com/office-state-treasurer/divestment-and-do-not-contract-ru les. Further, pursuant to G.S. 147-86.82, any company identified as boycotting Israel, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S 147-86.81, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The State Treasurer's Final Companies Boycotting Israel List can be found on the State Treasurer's website at the address: https://www.nctreasurer.com/office-state-treasurer/divestment-and-do-not-contract-rules. 25. Termination The terms of this MOA, as modified with the consent of all parties, will remain in effect until February 28, 2025. 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 2022 HSGP NOFO, incorporated by reference herein, the Sub-Subrecipient shall reimburse NCEM for said property and/or expenses. 26. Scope of Work Sub-Subrecipient shall implement the HSGP project summarized in the approved scope of work. The scope of work is hereby incorporated by reference in this MOA. A. Scope of Work-related documentation to be provided throught the Period of Performance: i. Completed appropriate report forms with invoices and proofs) of payment. ii. Audit findings and corrective action plans. B. Documentation to be provided throughout the Period of Performance: i. Annual project progress reports as required. ii. Sub-Subrecipient involved legal action that pertains to any Training and Exercises purchased with funds provided under this MOA. iii. After -action report from exercise in accordance with Homeland Security Exercise and Evaluation Program Doctrine (HSEEP). iv. Training course roster and course description. The training course should run through TERMS. HSGP MOA 2022 11 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 v. Any other documentation that would be pertinent. vi. All legible and complete invoices and receipts detailing the expenses associated with the project. Receipts must contain the following information: • Name and address of the vendor or establishment providing the product or service. • Vendor/Payee invoice number, account number, and any other unique meaningful identifying number • Date the product or service was provided. • Itemized description of all products or services. • Unit price of products or services (if applicable). • Total amount charged. vii. Proof of payment of expenses associated with the project. 27. Lobbying Prohibition The Subrecipient certifies, to the best of its knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or employee of any state or federal agency, a member of the NC General Assembly, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 - procurement During the performance of this contract, the subrecipient, for itself, its assignees and successors in interest (hereinafter referred to as the "subrecipient") agrees as follows: A. Compliance with Regulations: The subrecipient shall comply with the Regulations relative to nondiscrimination in Federally -Assisted Programs of the 2 CFR 200.300 and North Carolina regulation as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination: The subrecipient, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, sex, or national origin in the selection and retention of subrecipients, including procurements of materials and leases of equipment. The subrecipient shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations HSGP MOA 2022 12 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-895094397675 either by competitive bidding or negotiation made by the subrecipient for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subrecipient or supplier shall be notified by the subrecipient of the subrecipients obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. D. Information and Reports: The subrecipient shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Research and Special Programs Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a subrecipient is in the exclusive possession of another who fails or refuses to furnish this information the subrecipient shall so certify to the Recipient or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain such information. E. Sanctions for Noncompliance: In the event of the subrecipients noncompliance with nondiscrimination provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: i. Withholding of payments to the subrecipient under the contract until the subrecipient complies. ii. Cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions: -The subrecipient shall include the provisions of every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contract shall take such action with respect to any subcontract or procurements as the Recipient or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provide, however, that in the event a subrecipient becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the subrecipient may request the Recipient to enter into such litigation to protect the of the Recipient and, in addition the subrecipient may request the United States to enter such litigation to protect the interests of the United States. 29. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 - regulations Subrecipient hereby agrees that as a condition to receiving any federal financial assistance from the DHS it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to 2 CFR 200.300 , Nondiscrimination in FederallyAssisted Programs of the DHS - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the Subrecipient receives federal financial assistance from the DHS, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this MOA. This assurance is required by subsection 21.7(a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Subrecipient hereby gives the following specific assurance with respect to the project: A. Agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to ("facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: In accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and 2 CFR 200.300 issued pursuant to such Act, hereby notifies all bidders that it will affirmatively HSGP MOA 2022 13 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 insure that in regard to any contract entered into pursuant to this advertisement, minority, business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. C. Insert the clauses of this MOA in every contract subject to the Act and the Regulations. D. This assurance obligates the Recipient for the period during which federal financial assistance is extended to the project. E. Provide for such methods of administration for the program as are found by the Secretary of DHS or the official to whom he delegates specific authority to give reasonable guarantee that is, other recipients, subrecipients, contractors, subcontractors, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient by the DHS and is binding on it, other recipients, subrecipients, contractors, subcontractors, transferees, successors in interest and other participants in the DHS Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the recipients. 30. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 — deeds, licenses, permits, leases The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by Sub-Subrecipient executed in expending these grant funds: A. The [Sub-Subrecipient, licensee, lessee, permittee, etc., as appropriate] for itself, herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a DHS program or activity is extended or for another purpose involving the provision of similar services or benefits, the Subrecipient [licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 2 CFR 200.300 and as said Regulations may be amended. B. That in the event of breach of the above nondiscrimination covenants, Subrecipient shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. C. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to re-enter said lands and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of Subrecipient and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by Subrecipient: A. The [Sub-Subrecipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases add "as a covenant running with the land"] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, HSGP MOA 2022 14 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [Sub-Subrecipient, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant 2 CFR 200.300, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of breach of any of the above nondiscrimination covenants, Sub-Subrecipient shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. C. That in the event of breach of any of the above nondiscrimination covenants, Sub-Subrecipient shall have the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of Sub-Subrecipient and its assigns. * Reverted clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. 31. Assurance of Compliance with Privacy Act The Sub-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 Sub-Subrecipient, its third -party subrecipients, contractors, or their employees to accomplish a DHS function. B. To notify DHS when the Sub-Subrecipient or any of its third -party contractors, subcontractors, subrecipients, or their 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 subparagraphs A. — C. of this paragraph 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. 32. Certification Regarding Drug -Free Workplace Requirements (Subrecipients Other Than Individuals) This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988. The regulations, published in the January 31, 1989, Federal Register, require certification by subrecipient, prior to award, that they will maintain a drug-free workplace. The certification set out below is a material representation of the act upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government -wide suspension of debarment, (See 2 CFR 200.415). Subrecipient certifies that it will or will continue to provide a drug-free workplace by: HSGP MOA 2022 15 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Subrecipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establish a drug-free awareness program to inform employees about: i. The dangers of drug abuse in the workplace. ii. The Subrecipient's policy of maintaining a drug-free workplace. iii. Any available drug counseling, rehabilitation, and employee assistance programs. iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Require that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph A. D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement. ii. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. E. Notifying the agency within ten days after receiving notice under subparagraph (D) (ii), from an employee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(ii), with respect to any employee who is convicted: i. Taking appropriate personnel action against such an employee, up to and including termination. ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state, local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). 33. Execution and Effective Date This grant shall become effective upon return of this original Grant Award and MOA, properly executed on behalf of the Subrecipient, to NCEM and will become binding upon execution of all parties to this MOA. The terms of this MOA will become effective September 1, 2022. 34. Term of this Agreement This MOA shall be in effect from September 1, 2022, to February 28, 2025. 35. Statement of Assurances Sub-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. Sub-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, sub-subrecipients who have both construction and non -construction work under this grant must submit both the construction and non -construction forms. B. Sub-Subrecipient must complete the appropriate form(s) and submit to NCEM Training and Exercises Branch (chris.call!a.ncdps.gov) upon execution of this MOA. Sub-Subrecipient must still complete the appropriate form(s) even if certain assurances in the form may not directly apply to Sub-Subrecipient's specific program to ensure that all possible situations are covered. HSGP MOA 2022 16 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 36. 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 HSGP MOA 2022 17 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 IN WITNESS WHEREOF, the parties have each executed this MOA and the parties agree that this MOA will be effective as of September 1, 2022. N.C. DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT 1636 GOLD STAR DR RALEIGH, NC 27607 BY: ud"' e. 7� 11/1/2023 1 WILLIAM C. RAY, DIRECTOR & DEPUTY HOMELAND SECURITY ADVISOR NC EMERGENCY MANAGEMENT APPROVED AS TO PROCEDURES: BY: (i(, PA 11/1/2023 WILLIAM POLK, DEPUTY GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF PUBLIC SAFETY, BY WILLIAM POLK, DPS DEPUTY GENERAL COUNSEL, TO FULFILL THE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS NEW HANOVER COUNTY 230 GOVERNMENT CENTER DRIVE WILMINGTON, NC 28791 12/1/2023 1 11:37:02 BY. d -i441 Ak,* r1 ,men. 12/4/2023 1 16:53:51 BY: &, 1.:X4 XL i -LI 02�? :51:44 EDT THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2022 HOMELAND SECURITY GRANT PROGRAM ONLY AND IS SUBJECT TO EXECUTION BY EDDIE M. BUFFALOE JR., SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. THIS MOA SHOULD NOT BE USED FOR OTHER MOAS FOR THE HSGP FOR OTHER FISCAL YEARS. HSGP MOA 2022 18 of 18 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 Attachment 1 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 Home Exercise Request *Submitted By New Hanover County *Exercise Name COMMEX 2024 Location New Hanover County Sponsoring Agency New Hanover County Emergency Management Military Installation MOA # 2241003 Status Approved O Chemical Release or Threat O Nuclear Release or Threat O Natural Disaster For Official Use Only Status Date 1 09/06/2023 *Scenario (check all that apply) O Search and Rescue D Cyber O Radiological Release or Threat D Explosive Detonation or Threat 10Agriculture O Active Shooter Other Scenario *Type (check all that apply) O Communication O Drill E-2 Full -Scale Exercise Exercise (FSE) O Game O Planning Conference O Seminar O Workshop *Focus (check all that apply) O Prevention O Protection O Mitigation O Recovery Other Focus O Functional Exercise (FE) O Tabletop Exercise (TTX) 17 Response *Scope (check all that apply) O Local Only L'2 Regional (within O Private/Corporation O Multi -State State) © VOAD (Red Cross, etc.) Local/State O National Level Exercise J O Multi -Local © Federal/State/Local IOther Scope DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 Exercise Sponsor Point of Contact Information Organization New Hanover County Emergency Management County Chris Coudret / Lisa Wurtzbacher Manager County Tax 56-6000324 ID Contact Zak Whicker /Anna McRay Name Address 230 Government Center Drive City/State/Zip Wilmington, NC 28403 Email amcray@nhcgov.com *Major Participating Agencies/Organizations 0 County EM O County Fire Local Law Enforcement 0. State Agencies Other: Schedule Provide Final Proposal to NCEM Prepare Exercise Plan Mail Notice of Exercise Conduct Exercise 01/01/2024 between and 04/26/2024 Complete Action Report 05/31/2024 Phone 9107987446 O County Health 10 County Rescue Squad 10 County SAR Brief Exercise Overview: /. DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 Funds will be used to develop and conduct a four -to -six - hour operations -based exercise using HSEEP planning and development processes to assess existing plans and processes associated with use of field-based auxiliary communications systems used after a zero -notice incident impacting cyber -resources, power, and other communications infrastructure elements in the County. This assessment will enhance partnerships to respond to a zero -notice incident, establish communications, and test new/revised plans to response and support resources. The underlying terrorist incident necessitating the use of auxiliary communications resources intends to create an environment for critical decision making by leadership, site management, and information sharing efforts in response to the incident. The operations -focused effort will test existing plans and processes and will strengthen the ability for leaders at all levels and at all types of organizations to support field and tactical responses addressing the underlying terrorist incident and apply known or unique solutions in order to move the affected community to recovery. I *Estimated Budget Description Cost 1 Solicit contractor to conduct exercise development and exercise assessment 5000.00 2 3 4 TOTAL $5,000.00 Attached Documents Document I FChODse File No file chosen Description AW. Select Description i Document DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 U Proposed Scope of Work SoW for NHC COMMEX2024.docx for exercise Capabilities form NHC COMMEX2024 DM59 TERMs Additional Information Worksheet.pdf Delete Selo ,:te ;•_,rus Addtional Notes HSEEP requirement noted in the attached Scope of Work (3.2 -Statement of Needs, #a.). Awarded funding is to be used for an exercise related to whole community preparedness, from emergency responders, emergency managers and jurisdiction partners and stakeholders to community and state leaders making critical decisions. Exercises bring together and strengthen the whole community to prevent, protect against, mitigate, respond to, and recover from all hazards. Regardless of the type of incident, exercises develop a problem -solving approach to difficult situations and can especially be applied to terrorist incidents (which are typically no -notice events). The muscle memory that is strengthened through an exercise of this type enables leaders at all levels and at all types of organizations to address the problem and apply known or unique solutions in order to move on to the next challenge. This request replaces the request entered in 12/2022 after we were advised at the Fall Forum/IPPW in Sampson to re-enter it because of the available funding from our initial ask for the entire NHC 2023-2024 package. l DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 '-�' Aly �7 1 Exercise Grant Core Capabilities / Gap identification / MOA Signatory .., County: New Hanover County MOA #: Exercise Name: New Hanover County COMMEX 2024 Note: Select Alf that Apply Prevention Response ❑ Planning ❑ Planning ❑ Public Information and Warning ❑ Public Information and Warning EDOperational Coordination ❑ Operational Coordination ❑ Intelligence and Information Sharing ❑ Infrastructure Systems ❑ Interdiction and Disruption ❑ Critical Transportation ❑ Screening, Search, and Detection ❑ Environmental Response/Health and Safety ❑ Forensics and Attribution ❑ Fatality Management Services ❑ Fire Management and Suppression ❑ Logistics and Supply Chain Management Mitigation ❑ Planning ❑ Public Information and Warning ❑ Mass Care Services ❑ Operational Coordination ❑ Mass Search and Rescue Operations ❑ Community Resilience ❑ On -scene Security and Protection ❑ Long-term Vulnerability Reduction ❑✓ Operational Communications ❑ Risk and Disaster Resilience Assessment ❑ Public Health, Healthcare, and Emergency Medical Services ❑ Threats and Hazard Identification ❑ Situational Assessment Recovery Protection ❑ Planning ❑ Planning ❑ Public Information and Warning ❑ Public Information and Warning ❑✓ Operational Coordination ❑✓ Operational Coordination ❑ Infrastructure Systems ❑ Intelligence and Information Sharing ❑ Health and Social Services ❑ Interdiction and Disruption ❑ Economic Recovery ❑ Screening, Search, and Detection ❑ Housing ❑ Access Control and Identity Verification ❑ Natural and Cultural Resources ❑ Cybersecurity ❑ Physical Protective Measures ❑ Risk Management for Protection Programs and Activities ❑ Supply Chain Integrity and Security Capability gap(s) as determined and identified from previous exercises, gap analysis' or THIRA Dependence on primary communications processes results in gapto dose to support cyber. and other terror -based attacks to en einteropembiatyandmnaborationondisparatesystems Memorandum of Agreement (MOA) signatory (Full Name, Title, Contact Information and Email address) Lisa Wurtzbacher, Asst County Manager, lwurtzbacher@nhcgov.com; Steven Still, EM Director, sstill@nhcgov.com For questions or concerns please contact NCEM at 919-825-2257 or ExerciseGrant0acdnhs og v Save and attach to TERMS Exercise Request DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 Section 3- Scope of Work 3.1 - Introduction Purpose: New Hanover County Emergency Management, to assure readiness when preparing for, responding to, and recovering from emergencies and major disasters, is seeking proposals from capable contractors who have a desire to support interagency, interdisciplinary, and interjurisdictional training and exercise efforts Background: The intent of this solicitation and any resultant contract is to obtain the subject matter expertise and skills of a qualified contractor to develop, document, and execute one -functional exercise. Acceptance by the County of any submittal to this Request for Proposal (RFP) shall not constitute or warrant a contract. The County is not responsible for the cost associated with preparing a proposal and/or participating in any interviews that may be requested by the County to aid in the evaluation process. All payments under the contract resulting from this RFP shall be made only for goods and/or services requested and approved by the County. No work effort will begin without written authorization (Notice to Proceed) from the County. No retainer shall be paid in order to keep the Contract in effect. 3.2 — Statement of Needs The expectation and desired result of this contract is to solicit proposals to provide: a. A Homeland Security Exercise and Evaluation Program (HSEEP)-Compliant Exercise Plan (EXPLAN) and Exercise Evaluation Guides (EEGs) for one operations -based exercise. The purpose of conducting a functional exercise is to build off previous training workshops and discussion -based exercises to test multiple operational plans including but not limited to the NHC Communications Plan and auxiliary resource plans relevant to a catastrophic incident within the County. (Note: This task will be done on a firm fixed price basis) b. Development, conduct, and evaluation of one(1) operations -based exercises utilizing HSEEP guidelines. (Note: This task will be done on a firm fixed price basis) c. The contractor shall perform tasks associated with the design, development, conduct, and evaluation of preparedness exercises, during the term of the contract. DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-895094397675 Contractors shall provide the necessary labor, equipment, and materials to perform the work and deliver products as described above. (Note: This task will be done on a task order basis). d. The contractor shall provide technical and planning resources to New Hanover County Emergency Management to support the refinement of processes and/or the correction of areas needing improvement resulting from these training events, including the development of after -action reports. (Note: This task will be done on a task order basis). 3.3 - Executive Summary 3.3.1- Submitted Proposals should include the following: • Statements that demonstrate that the Respondent has read understands and agrees with the terms and conditions of the RFP, including all addenda and attachments hereto. • Confirmation that Respondent has read the Scope of Work set forth in this section above and that Respondent understands the scope and nature of the services/products being solicited. • An overview of the goods and/or services Respondent is offering in response to this RFP to include a timeframe for implementation. • An overview of the Respondent's plans for complying with the specifications and requirements of this RFP • Any other summary information the Respondent deems to be pertinent. 3.3.2 - Respondent Background Information • Name, address, telephone number, fax number, and email address of the Respondent, including all d/b/a's or assumed names or other operating names of the Respondent and any local addresses and phone numbers. • Form of business entity, e.g., corporation, partnership, proprietorship, limited liability company. • State of incorporation, State of formation, or State of organization. • The location(s), including address and telephone numbers of the offices and other facilities that relate to the Respondent's performance under the terms of this RFP • Number of employees. • Type of Business. • Name, address, and telephone number of the Respondent's representative to contact regarding all contractual and technical matters concerning the RFP • Name, address, and telephone number of the Respondent's representative to contact regarding scheduling and other arrangements. • Name, address, and telephone number of at least three references from similarly scoped projects DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 • Name, contact information, and qualifications of any subcontractors who will be involved with this project the Respondent proposes to use and the nature of the goods and/or services the subcontractor would perform. 3.4 — Specific Proposal Instructions Unnecessarily elaborate brochures or other presentations beyond what is sufficient to present a complete and effective proposal is not desired. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Using the criteria specified in this RFP, each proposal will be individually scored by County Selection Committee ("Committee") team members. 3.5 - Proposal Evaluation Factors Points Factor 40 Experience, Expertise, and Reliability 20 Methodology 40 Costs 3.5.1— Proposer's experience, expertise, and reliability — 40 points • Proposers shall submit with their proposals, a brief history of the organization, including accreditation status, if applicable. • Proposers shall provide an explanation of its experience in providing discussion -based and operations -based exercises. Proposers shall provide a detailed description of two or three exercise efforts where the company has provided the requested service or resource in the past two years. That description should include, at the minimum, a description of the provided service or resource, the number of hours the exercise(s) lasted, and the number of employees used for that assignment. Please include contact names and telephone numbers of the clients for these events 3.5.2 — Proposer's Methodology — 20 points • Proposers shall thoroughly describe its capability to perform/facilitate the services required, to include methodology, approach, and a detailed plan on how it would meet the County's requirements for the requested services. DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 3.5.3 — Proposer's cost for services - 40 points Proposers shall provide a detailed description and cost for the proposed project. Prices quoted shall be firm for the initial contract term and all approved extension periods. Thereafter, any extensions that may be approved by the County shall be subject to the provisions of the accompanying contract document. The initial term of the contract shall be one (1) year or for the grant performance period, whichever is shorter. 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U w EE w c u Y c d o o o a fo o oo a ,,, I>v m ;° L w 3 o Y oo m o y c 3 > c c N ~ 9 E ms v o -' o. m E o F w a Y o r fr E m p 3 F a u F u a u H 0 0 0 o o 0 O o 0 V! 4lT o to N C d Y j V N a L 0 C N C C c Z a U C Z a U c 'O 4 •Y N V 4 'fp � Z Z N z �, Z r a O V m u J p[ O O Q V c m z z E z z c; Y z 3 N E d m ~ L Oc U C > w a N, u v LL Y E C � > O m r g ° a E m m E n i $ � C E E a c m U E N v m C L Y = (U fo C c IT a V C - Q a � L ` 15 d Q w m E F- ~ N Q w C C m ~ / ± ( #» ® r ae \IE \� . /E \ § {\ ) \ o E` : ¥ \ {75 \ k\/ �� \)( ) VO \ \ ` \7§\Z - 3B)\{ ) \, \ \ \ \ .0' \�\\\ &§r { / )E\ $ k)\\).\ � �k�ƒ{§ )k\E�){§ /! k}{f\I/ S /},j §|27/tj I - Wu ; (�\- 2]/ !»2a�3 2 § _� \/ )/t){)))k £/2§m1/ § . ►i Mo r 43) CL 0 W U) U O 0 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 Fiscal Year 2022 FEMA Standard Terms and Conditions Release Date: Mar 31, 2022 FEMA standard terms and conditions are updated each fiscal year (FY). This Fact Sheet displays the FEMA standard terms and conditions for FY 2022. These standard terms and conditions apply to all non -disaster financial assistance awards funded in FY 2022. 1. Environmental Planning and Historic Preservation (EHP) Review For awards by the Grant Programs Directorate DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. =�4 FEMA 1.YD SF Page 1 of 4 Page printed at fema.gov/fact-sheet/fiscal-year-2022-fema-standard-terms-and-conditions 04/11/2022 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 For awards by other FEMA offices DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. In order to initiate EHP review of your project(s), you must submit a detailed project description along with supporting documentation. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. 2. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. 3. Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of FEMA Page 2 of 4 �f.Yn cE�4. Page printed at fema.gov/fact-sheet/fiscal-year-2022-fema-standard-terms-and-conditions 04/11/2022 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail toASK- GMDLfema.dhs.gov if you have any questions. 4. Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures. 5. Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non -construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5} to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. QfPAR M ii FEMA Page 3 of 4 Page printed at fema.gov/fact-sheet/fiscal-year-2022-fema-standard-terms-and-conditions 04/11/2022 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 6. Indirect Cost Rate 2 C.F.R. section 200.210(a)(15 requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. fPA��p y n FEMA Page 4 of 4 Page printed at fema.gov/fact-sheet/fiscal-year-2022-fema-standard-terms-and-conditions 04/11/2022 CA i 0 0 CL 0 W w w c rn in U O C c d 0 E C CL .0 0 w Z m N L CY d � I � C404 .-� U rn O O Ln cdai> C O c o -o o w •0 o a U COO �' W N U � •� ° cn 1-i CD - by to r -0 y �Q O U w 4J •0 (In 0 -o -0 4, bbLPO x 3 ° 0 o y N ami ° > U o U O i, U U 4a v Q z rn O m rn ^ �y ¢ 'A 0 zi 0 O° 0 Qi b ° C� - CH Y O O C 0 a o a� W i E Mami o o o v a 41- aoi 4-4 � -� as a CIO z C13o 6 o. 0 -d c O. o 5 A o ami L o �co M i rn �' o vn ami 0 v cz -a � rA � � � °+-' �' ani 'C v p � d • ° : � a.. a� � � � nn � ,��, �, a] v c�C m 03 �. Q. Q iU. L N c� U N o o oo C7 U d W0 U O CA U° U= ct a U U o o V) x x ❑ ❑ 0 ❑ Z 0 0 0 W w 1700 ❑ ❑ ❑ [ . ❑ Z p z r� 0 W U O DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-895094397675 �r North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor William C. Ray, Director Eddie M. Buffaloe, Jr., Secretary MEMORANDUM TO: Erik Miller — Grants Branch Manager FROM: Greg Hauser — Communications Branch Manager SUBJECT: Communications equipment grant requirements DATE: August 8, 2022 In an effort to align communications technologies with current statewide communications plans, systems, networks, strategies and emerging technologies, the Communications Branch requires that purchases made with U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) federal financial assistance to include the Emergency Management Performance Grant (EMPG), Emergency Management Performance Supplemental Grant (EMPG-S), Emergency Management Performance American Rescue Plan Act Grant (EMPG-ARPA) and the Homeland Security Grant (HSGP) meet the below requirements. The below requirements must also be met for those purchases made with NCEM Capacity Building Competitive Grant (CBCG) funds. Included are the equipment identifiers as listed on the FEMA Authorized Equipment List (AEL) that are allowable. Radio purchases (06CP-01-BASE, 06CP-01-MOBL, 06CP-01-PORT) Radio purchases can be classified into three parts: portable (handheld), mobile (vehicular/desktop) or console/consolette (software/infrastructure). These radios must have the following capabilities, i.e., the feature must be purchased and present in the radio: • Capable of operating on a P25 radio system/network • Capable of operating in a P25 Phase II (TDMA) environment • Capable of passing and receiving AES/256-bit encryption • Capable of utilizing more than one encryption key Further information is available at: haps://www.dhs.p ov/science-and-technology/approved-grant-eligible-equipment All radios purchased using the above noted grant sources shall have the VIPER statewide required template in them. This template was approved by the Statewide Interoperability Executive Committee (SIEC) on June 6', 2021. If a grant recipient chooses to operate in an encrypted environment, all radios purchased using the above noted grant sources shall follow the SIEC Interoperable Radio Encryption Standard Operating Guideline approved on May 28"', 2020. If a radio purchase is requested for other, non -P25 networks the following are NOT eligible: Mailing Address: Office Location: 4236 Mail Service Center 1636 Gold Star Drive Raleigh NC 27699-4236' =" " Raleigh, NC 27607 Nv", ucdps.gov `; ' � Phone: 919-825-2500 www.Readyl\C.gov "m°°'^ Fax: 919-825-2685 An Equal Opportunity Employer DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 Wouxun handheld or mobile radios (multiband) Baofeng handheld or mobile radios (multiband) Any other wireless device outlined in the Federal Communication Commission's (FCC) "List of equipment and services covered in section 2 of the Secure Networks Act" This list is a result of the passage of H.R. 5515 - John S. McCain National Defense Authorization Act in 2019. Further information can be found at https://www.fcc.jzov/supplVchain/coveredlist. Public Alerting Software Platforms (04AP-09-ALRT) Public alerting software platforms are a means of alerting citizens of emergencies. There are two distinct functions that a software platform provides. There is a citizen sign up option for notifications and a wireless emergency alerting (WEA) function. The WEA function alerts smartphones and devices based on geographic location through the Integrated Public Alert and Warning System (IPAWS). Please make sure the purchasing agency is a North Carolina/FEMA approved public alerting authority (PAA). If purchasing software, it must be identified on the attached "List of Alert Software Providers (A OSP) That Have Successfully Demonstrated Their IPA WS Capabilities." Voice Gateway Devices (06CP-02-BRDG) Gateway devices are used to bridge disparate voice sources together to create a single line of communications. This can include radio, voice over IP, smart device application, etc. These devices are NOT allowed to be permanently mounted at Public Safety Answering Points (PSAP), tower sites or network rooms to permanently patch disparate radio systems. If a permanent patch is required, written permissions must be obtained from all system administrators. Once this is completed, the requestor must obtain approval from the grant's manager through an email. This email should include the Communications Branch Manager and their NCEM Area Coordinator. If you have any questions, please do not hesitate to contact Greg Hauser at 919-618-0536 or greg.hauser ,ncdps.gov 2 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-695094397675 Attachment 7 DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 Subrecipient Monitoring Subrecipient is subject to monitoring by Recipient in accordance with the provisions of 2 CFR 200.332. A. Recipient may assess Subrecipient's risk of noncompliance with applicable laws, rules, regulations, policies and guidelines, and with the terms and conditions of this award, per 2 CFR 200.332(b). 1. This includes the application and award process when Subrecipient was selected to receive this award, and it continues throughout the life of the award, such as ensuring Subrecipient remains eligible to receive funding as specified in Funding Eligibility Criteria. 2. Subrecipient's prior experience with other grant awards by/through Recipient may also be included in the risk assessment. 3. Depending on the risk, additional conditions may be imposed on this award at any time per 2 CFR 200.332(c). 4. Subrecipient's activities may be continually monitored as necessary to ensure that this award is used for authorized purposes and in compliance with all applicable laws, rules, regulations, polices and guidelines, per 2 CFR 200.332(d). B. Monitoring will include Recipient reviewing all financial, performance and/or or cost reports - including all requests for reimbursement (and associated invoices and proof of payment) - submitted by Subrecipient as required in this MOA. 1. Recipient will also review all other documentation required to be submitted by Subrecipient in this MOA, including equipment lists and inventories, after action reports for exercises, training course rosters and descriptions, all contracts and subcontracts executed by Subrecipient with funds from this award, and all project closeout documents. 2. All documentation required to be retained by Subrecipient in this MOA, including all required Subrecipient file documentation per 2 CFR 200.334, is also subject to review and monitoring by Recipient (see File Retention). 3. Any/all reports and audits required to be filed under federal and state law as specified in State of North Carolina Reporting Requirements and Audit Requirements are also subject to review and monitoring by Recipient. C. Any required documentation, reports or requests for reimbursement submitted late, incompletely, inaccurately and/or with discrepancies may elevate the risk status of Subrecipient and cause additonal monitoring, imposition of additional award conditions, return of funds, negative determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR 200.339 (see Compliance). 1. This includes any/all reports and audits required to be filed under federal and state law as specified in State of North Carolina Reporting Requirements and Audit Requirements. Failure to timely file complete and accurate audits and reports required under federal and state law may subject Subrecipient to additional monitoring and the full range of remedies for noncompliance specified in Compliance. D. Any findings or corrective actions identified in Subrecipient audits specifically related to this award may elevate the risk status of Subrecipient and cause additonal monitoring, imposition of additional award conditions, return of funds, negative determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR 200.339 (see Compliance). DocuSign Envelope ID: 362DD601-DAD7-4649-91AE-B95094397675 Such audit findings and corrective actions must be appropriately resolved by Subrecipient and are subject to monitoring, follow-up and verification by Recipient. Recipient may issue a Management Decision for applicable audit findings pertaining specifically to this award per 2 CFR 200.332 and 2 CFR 200.521, in addition to any Management Decisions issued by Subrecipient. E. Depending on the risk, Subrecipient monitoring may include, but is not limited to, the following measures: training and technical assistance, site visits, desk reviews, and audits (in addition to the audits specified in Audit Requirements.