FY24 Emerg Mgt HSGP FAC Exercise MOA 2141018DocuSign Envelope ID: C612AAEF-3991-49BD-A193-E7DC4ABF3E90
North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Eddie M. Buffaloe Jr., Secretary
Recipient:
State of North Carolina
Department of Public Safety
Emergency Management
MOA #: 2141018
Period of performance:
October 1, 2021 to June 30, 2024
Homeland Security Grant Program
(HSGP)
Fiscal Year 2021
AL #: 97.067
Grant #: EMW-2021-SS-00039
Memorandum of Agreement (MOA)
Sub-Subrecipient:
NEW HANOVER COUNTY
Tax ID/EIN #: 56-6000324
UEID # F7TLT2GMEJEI
Award amount: $5,000.00
For Official Use Only
William C. Ray, Director
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: htips://www.fema.p-ov/grants/prel2aredness/homeland-securily.
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, 2021 (Pub.
L. No. 116-260), (3) FY 2021 HSGP Notice of Funding Opportunity (NOFO): https://www.fema.gov/media-
collection/homeland-securit - rant-notices-fundin -o ortuni , (4) applicable FEMA Grant Programs Directorate
Information Bulletins (see httl?s://www.fema.gov/grants/ re aredness/about/informational-bulletins), and (5) NC
Emergency Management Act, North Carolina General Statutes (N.C.G.S.) Chapter 166A.
The funds awarded under this grant must be used in compliance with all applicable federal, state, local and tribal laws
and regulations, including N.C.G.S. §§ 143C -6 -21,143C -6-22,143C-6-23 and 09 NCAC 03M. By accepting this award,
the Sub-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
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(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.
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. Prior to April 4, 2022, Sub-Subrecipient must have a DUNS number prior to any funds being released. DUNS
numbers may be obtained from either of the following websites: www.dnb.com or
http://fedgov.dnb.com/webfonn. After April 4, 2022, Sub-Subrecipient will be required to obtain a Unique
Entity Identifier created in the System for Award ManagementS( AM), if they do not already have one. Current
SAM registrants have already been assigned their Unique Entity. Identifier and can view it within SAM. The
Unique Entity ID is currently located below the DUNS Number on the entity registration record in SAM. After
April 4, 2022, the Unique Entity Identifier in SAM becomes the official identifier for doing business with the
U.S. Government and a DUNS number is no longer required.
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.
iv. Future payments will be contingent on the information provided in SAM; therefore it is imperative that the
information is correct.
v. Complete any procurement(s) and expenditures no later than June 30, 2024.
vi. Submit quarterly progress reports to NCEM Training & Exercises Branch (chris.call ckncdps.gov) using the
grant Quarterly Report form (Attachment 2) for any quarters in which Sub-Subrecpient expends funds under
this MOA. These reports are to be submitted on a quarterly calendar year basis on or before the following dates:
January 15th, April 15th, July 15th and October 15th. 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. Quarterly reports are not required for quarters in which no funds are expended under this
MOA.
vii. Submit requests for reimbursement with all required documentation attached.
B. File Retention (see Attachment 4 "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.
v. Equipment inventory records with photo documentation of labeling using labels provided by NCEM.
5. Conditions
The Recipient and Sub-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 the Recipient is duly authorized to commit the Sub-Subrecipient to these requirements; that costs incurred
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prior to grant application approval will result in the expenses being absorbed by the Sub-Subrecipient; and that all
agencies involved with this project understand that all federal funds are limited to the federal period of performance.
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 2021 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 October 1, 2021. Funds allocated must be encumbered and invoices received by NCEM
by June 30, 2024.
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 2021 HSGP Grant Program funds in accordance with the FY2021 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 90 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 3), incorporated by reference herein, for the
performance of the activities.
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 FY2021 HSGP NOFO, Appendix II of 2 CFR Part 200 -Contract Provisions for Non -Federal Entity
Contracts Under Federal Awards, and the 2021 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
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Act (CMIA) and its implementing regulations at 31 CFR Part 205; FEMA Grant Programs Directorate, Grants
Management Division, Match Guidance; Certifications and Assurances regarding Lobbying 31 U.S.C. 1352, Drug -
Free Workplace Act, as amended, 41 U.S.C. 701 et. seq. and Certification Regarding Drug -Free Workplace
Requirements, Debarment and Suspension Executive Orders 12549 and 12689 and certification regarding
debarment, suspension and other responsibility matters; 28 CFR Parts 66, 67, 69, 70 and 83; and Grant Award and
Special Conditions documents.
E. Submit invoice(s) requesting reimbursement for services and items received to NCEM Training & Exercises Branch
(chris.call(g,ncdps. og_v). Recipient will reimburse Sub-Subrecipient for eligible costs as outlined in the applicable
DHS program guidelines and FY2021 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 June 30, 2024.
G. Submit quarterly progress reports to NCEM Training & Exercises Branch (chris.callP_ncdps.gov) using the grant
Quarterly Report form (Attachment 2) for any quarters in which Sub-Subrecipient expends funds under this MOA.
These reports are to be submitted on a quarterly calendar year basis on or before the following dates: January 15th,
April 15th, July 15th and October 15"'. 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. Quarterly reports are not required for quarters in which no funds are expended under this MOA.
H. Maintain a grant management filing system as required in this MOA (Attachment 4).
I. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting
requirements and certifications as outlined in the FY 2021 HSGP NOFO and Subaward Notification, and DHS
Standard Terms and Conditions (Attachment 3).
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), httRs:Hsam.gov/content/exclusions
and the State Debarred Vendors Listing, https://ncadmin.nc.gov/documents/nc-debarred-vendors '
to verify that
contractors or subrecipients have not been suspended or debarred from doing business with the federal government.
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 2021 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 2021 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
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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.
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 FY2021 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/dhszgrants and hftl2s://www.fema.pov/erants/auidance-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.
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 NCAC 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.ncdps.govlour-organization/emergency-
management/emergency-management- rg ants/grants-management-compliance .
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Level I LLess than $25 000
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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.
• Level I form and reporting instructions are available on the above website.
Level H ($25,000 - $499,999)
A grantee that receives between $25,000 - $499,999 (combined) in state or federal pass-through funding must submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of $25,000 or More.
• Schedule of Receipts and Expenditures.
• Program Activities and Accomplishments Reports.
• Level 1l form and reporting instructions are available on the above website.
Level III ($500,000 - .5749.999)
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 III 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(httlis://harvester.census.pov/facweb/).
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
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year end submit to DPS Internal Audit (AuditGrantsReport e,ncdps.gov) a single audit prepared and completed in
accordance with Generally Accepted Government Auditing Standards (GAGAS): htti)s://www.p-ao.pov/vellowbook.
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 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://harvester.census.gov/facweb/.
B. Submit to DPS Internal Audit (AuditGrantsReport2ncdps.g_ov) 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 13.A. above.
C. Make copies of the single audit available to the public.
14. Sub-Subrecipient Monitoring
See Attachment 5 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 party's confidential information
without written authorization to do so from the other party. Specifically excluded from such confidential treatment
shall be information that:
A. As of the date of disclosure and/or delivery, is already known to the party receiving such information.
B. Is or becomes part of the public domain, through no fault of the receiving party.
C. Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in
confidence.
D. Is independently developed at the receiving party by someone not privy to the confidential information.
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 Agreement incorporated by reference herein, as well as all terms, conditions and restrictions of the
FY2021 HSGP NOFO referenced herein.
18. Situs
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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 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 4405-143-1 for specific guidance:
https://www.femagov/sites/default/files/documents/fema_prohibitions-extending-fema-award-funds-covered-
telecommunications-equi ament-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
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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:
htts://www.nctreasurer.com/office-state-treasurer/divestment-and-do-not-contract-rules.
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, 2024. 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 2021 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. Quarterly 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.
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
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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 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
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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 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
proj ect.
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.
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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, 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
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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:
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 October 1, 2021. The last signature shall be that of Will Ray, Director for the North Carolina
Division of Emergency Management.
34. Term of this Agreement
This MOA shall be in effect from October 1, 2021 to February 28, 2024.
35. Statement of Assurances
Sub-Subrecipient must complete either Office of Management and Budget OMB Standard Form 424B Assurances —
Non -Construction Prop -rams, 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.callgncdps.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.
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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 Quarterly Report Form
• Attachment 3 DHS Standard Terms and Conditions
• Attachment 4 Required Sub-Subrecipient File Documentation
• Attachment 5 Sub-Subrecipient Monitoring
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IN WITNESS WHEREOF, the parties have each executed this MOA and the parties agree that this MOA will be
effective as of October 1, 2021.
N.C. DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
1636 GOLD STAR DR
RALEIGH, NC 27607
BY:
o`u", & "'� 11/1/2023 1 06:12
1
WILLIAM C. RAY, DIRECTOR
& DEPUTY HOMELAND SECURITY ADVISOR
NC EMERGENCY MANAGEMENT
APPROVED AS TO PROCEDURES:
BY: (Pa PA 10/31/2023 1 16:
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 28403
)2B,FT STWtA& SW 12/1/2023 1 11:37:41 ES-
-A 0�
BY: ln�w^ 12/4/2023 1 16:52:58 ES
BY: �� lyal� 12-1-:01,3
EWi�11NM
THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF
JUSTICE FOR THE FY 2021 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.
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Attachment 1
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Home
Exercise Request
*Submitted By I New Hanover County
*Exercise Name FAC/FRC TTX
Location New Hanover County Emergency Operations Center
Sponsoring Agency New Hanover County Emergency Management
Military Installation
Status I Submitted v
O Chemical Release or Threat
O Nuclear Release or Threat
O Natural Disaster
For Official Use Only
Status Date 09/06/2023
*Scenario (check all that apply)
�O Search and Rescue
O Cyber
U Radiological Release or Threat
O Explosive Detonation or Threat O Agriculture
ts-0 Active Shooter
Other Scenario Attack in Crowded or Public Space at a State facility
i *Type (check all that apply)
O Communication O Drill O Full -Scale Exercise
Exercise (FSE)
O Game ❑ Planning Conference O Seminar
O Workshop
O Prevention
O Recovery
Other Focus
*Focus (check all that apply)
O Protection O Mitigation
i
O Functional Exercise
(FE)
0 Tabletop Exercise
(TTX)
�E Response
*Scope (check all that apply)
❑ Local Only Regional (within O Private/Corporation O Multi -State
State)
® VOAD (Red Cross, etc.) ® Local/State O National Level Exercise O Multi -Local
O Federal/State/Local
Other Scope
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Exercise Sponsor Point of Contact Information
Organization I New Hanover County Emergency Management
County Chris Coudret / Lisa Wurtzbacher
Manager
County Tax 56-6000324
ID
Contact Anna McRay / Steven Still
Name
Address 1 } 230 Government Center Drive
City/State/Zip Wiimington,NC 28403 Phone 9107987446
Email amcray@nhcgov.com f
*Major Participating Agencies/Organizations
12 County EM County Fire �% County Health County Rescue Squad County SAR
® Local Law Enforcement State Agencies
Other:
County HHS, Red Cross, New Hanover Disaster Coalition, etc
Schedule
Provide Final Proposal to
NCEM
Prepare Exercise Plan
Mail Notice of Exercise
Conduct Exercise 12/01/2023
between
and 03/29/2024
Complete Action Report 05/31/2024
Brief Exercise Overview:
/.
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"Estimated Budget
Funds will be used to develop and conduct a four-hour
discussion -based exercise using HSEEP planning and
development processes to assess existing plans and
processes focusing on the use of a multi -agency, multi-
disciplinary family assistance center/family reunification
center element to support the all -hazard whole community
response effort from a no -notice attack in a crowded or
public space at a State-owned/managed asset (e.g.
UNCW, Ferry, State Park, etc.).
This assessment will enhance partnerships to collect
information, support law enforcement investigations and
notifications, and to connect impacted community members
to response and support resources. The underlying
terrorist incident necessitating the use of a FAC/FRC site
intends to create an environment for critical decision
making by leadership, site management, and information
sharing efforts. The facilitated discussion effort will
strengthen the ability for leaders at all levels and at all
types of organizations to address the underlying terrorist
incident and apply known or unique solutions in order to
move the affected community to recovery.
Description
Firm fixed pricing as obtained from a contractor solicited for services
Attached Documents
Document Choose File No file chosen
Description
Select Description I Document
t
Cost
5000,00
TOTAL $5,000.00
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Proposed Scope of Work SoW for NHC FAC FRC TTX 2024.docx
for exercise
DM59 NHC FAC and NHC FACEX2024 DM59 TERMS Additional Information
FRC TTX Worksheet.pdf
Additional Notes
HSEEP requirement noted in the attached Scope of Work (3.2 -Statement of Needs, #a.). Any
,jurisdiction is welcome to observe, but NHC is the only one in the region with an established
FAC/FRC plan that is not solely focused on radiological incidents. This is the first tabletop exercise
for this new plan, which was developed from a discussion -based workshop in February 2023.
'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.
X
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4.
Exercise Grant Core Capabilities / Gap identification / MOA Signatory
County: New Hanover County MOA #:
Exercise Name: New Hanover County HURREX 2024
Note: Select All thatApply
Prevention
Response
❑ Planning
❑ Planning
❑ Public Information and Warning
❑ Public Information and Warning
❑ Operational Coordination
a 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
E Logistics and Supply Chain Management
Mitigation
❑ Planning
❑ Public Information and Warning
ED 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
Opportunity to conduct discussion -based exercise for new family assistance center/fanny reunification center plan to he used In response to a hostile act ofviolence in the community.
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 Exercise0rant6bricdps govv
Save and attach to TERMS Exercise Request
DocuSign Envelope ID: C612AAEF-3991-49BD-A193-E7DC4ABF3E90
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 discussion -based 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 Family Assistance Center/Family Reunification
Center plans relevant to a catastrophic non -aviation 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: C612AAEF-3991-49BD-A193-E7DC4ABF3E90
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: C612AAEF-3991-49BD-A193-E7DC4ABF3E90
• 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: C612AAEF-3991-49BD-A193-E7DC4ABF3E90
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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DocuSign Envelope ID: C612AAEF-3991-49BD-A193-E7DC4ABF3E90
2021 DHS Standard Terms and Conditions
The 2021 DHS Standard Terms and Conditions apply to all new federal financial assistance awards
funded in FY 2021. These terms and conditions flow down to subrecipients, unless an award
term or condition specifically indicates otherwise. The United States has the right to seek
judicial enforcement of these obligations.
Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
DHS financial assistance recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances — Non -Construction Programs or OMB Standard Form 424D
Assurances — Construction Programs, as applicable. Certain assurances in these documents may not
be applicable to your program, and the DHS financial assistance office (DHS FAO) may require
applicants to certify additional assurances. Applicants are required to fill out the assurances applicable
to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any
questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at
Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that
the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable
federal laws, and relevant Executive guidance.
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to
comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by
DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and
other documents and sources of information related to the federal financial assistance award and
permit access to facilities, personnel, and other individuals and information as may be necessary, as
required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in programguidance.
5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation
Too/ within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies,
thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding
component agency. After the initial submission for the first award under which this term applies,
recipients are required to provide this information once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including
supporting materials, to CivilRightsEvaluation@hq.dhs gov. This tool clarifies the civil rights
obligations and related reporting requirements contained in the DHS Standard Terms and
Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation
tool can be found at httos://www.dhs.ciov/publication/dhs-civil-rights-evaluation-tool.
DHS Standard Terms and Conditions Version 19.4 1 February 17, 2021
DocuSign Envelope ID: C612AAEF-3991-49BD-A193-E7DC4ABF3E90
2021 DHS Standard Terms and Conditions
The 2021 DHS Standard Terms and Conditions apply to all new federal financial assistance awards
funded in FY 2021. These terms and conditions flow down to subrecipients, unless an award
term or condition specifically indicates otherwise. The United States has the right to seek
judicial enforcement of these obligations.
Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
DHS financial assistance recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances — Non -Construction Programs, or OMB Standard Form 424D
Assurances — Construction Programs_ as applicable. Certain assurances in these documents may not
be applicable to your program, and the DHS financial assistance office (DHS FAO) may require
applicants to certify additional assurances. Applicants are required to fill out the assurances applicable
to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any
questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at
Title 2_ Code of Federal Reuulations (C.F.R..). Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that
the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable
federal laws, and relevant Executive guidance.
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to
comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by
DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and
other documents and sources of information related to the federal financial assistance award and
permit access to facilities, personnel, and other individuals and information as may be necessary, as
required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in programguidance.
5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation
Tool within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies,
thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding
component agency. After the initial submission for the first award under which this term applies,
recipients are required to provide this information once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including
supporting materials, to CivilRi htsEvaluation h .dhs. ov. This tool clarifies the civil rights
obligations and related reporting requirements contained in the DHS Standard Terms and
Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation
tool can be found at hMs /// www.dhs.c:ov//[.)ublication/dhs-civil-ri"hts-evaluation-tool.
DHS Standard Terms and Conditions Version 11.4 1 February 17, 2021
DocuSign Envelope ID: C612AAEF-3991-49BD-A193-E7DC4ABF3E90
2021 DHS Standard Terms and Conditions
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if
the recipient identifies steps and a timeline for completing the tool. Recipients should request
extensions by emailing the request to CivilRi _htsEvaluation;r_h.:i.dhs.,aov prior to expiration of the 30 -day
deadline.
I. Acknowledc}ement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposal, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
II. Activities Conducted Abroad
Recipients must ensure that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
Ill. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub.L No.
94-135 (1975) (codified as amended at Title 42. U.S. Code. § 6101 et ser,.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with
Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. 4�, 12101-
12213), which prohibits recipients from discriminating on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly
available privacy policy that describes standards on the usage and maintenance of the PII they
collect. DHS defines PII as any information that permits the identity of an individual to be
directly or indirectly inferred, including any information that is linked or linkable to that
individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance
and Privacy Template as useful resources respectively.
Vl. Civil fthts Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964
(codified as amended at 42 U.S.C. s 2000d et se(;.), which provides that no person in the
United States will, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving federal financial assistance. DHS implementing regulations for the Act are
found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
Vll. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284 as
amended through Pub_ L. 113-4, which prohibits recipients from discriminating in the sale, rental,
financing, and advertising of dwellings, or in the provision of services in connection therewith, on
the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C.
3601 et ser;.), as implemented by the U.S. Department of Housing and Urban Development at
24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that
new multifamily housing with four or more dwelling units—i.e., the public and common use areas
and individual apartment units (all units in buildings with elevators and ground -floor units in
DHS Standard Terms and Conditions Version 11.4 2 February 17, 2021
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2021 DHS Standard Terms and Conditions
buildings without elevators)—be designed and constructed with certain accessible features. (See
24 C.F.R. Part 100. Subpart D.)
VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §.§ 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work
first produced under federal financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as
adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance
awards, subawards, and contracts with certain parties that are debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs or
activities.
X. Druz} -Free Worki.-lace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the
recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide
implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988
(41 U.S.C. §& 8101-8106).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part
200. Subpart E may not be charged to other federal financial assistance awards to overcome
fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal
financial assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or
more awards in accordance with existing federal statutes, regulations, or the federal financial
assistance award terms and conditions.
XII. Education Amendments of 1972 [Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972,
Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. � 1681 et sea.), which provide that no
person in the United States will, on the basis of sex, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any educational program or activity
receiving federal financial assistance. DHS implementing regulations are codified at
6 C.F.R. Part 17 and 44 C.F.R. Part 19
X111. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seo. ). which contain
policies relating to energy efficiency that are defined in the state energy conservation plan
issued in compliance with this Act.
XIV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. IM3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the federal
government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for
false claims and statements made.)
XV. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt. Examples
of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit
DHS Standard Terms and Conditions Version 11.4 3 February 17, 2021
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2021 DHS Standard Terms and Conditions
overpayments. (See OMB Circular A-129.)
XVI. Federal Leadership on Reducino Text Messaaina while Drivinct
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving
as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the
Order when on official government business or when performing any work for or on behalf of the
federal government.
XVII. R, America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates
under 49 U.S.C. � 41102) for international air transportation of people and property to the extent
that such service is available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by
the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
XVlll. Hotel and Motel Fire Safetv Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C.
2225a, recipients must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and control
guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15
U.S.C. 2225.)
XIX. Limited English Proficiencv (Civil Rights Act of 1964- Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. 0 2000d et
se prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful access
to persons with limited English proficiency (LEP) to their programs and services. For
additional assistance and information regarding language access obligations, please refer to
the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-hel��-department-
supported -organizations provide -meaningful -access -people -limited and additional resources
on http://www.lep.gov.
XX. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided
under a federal financial assistance award may be expended by the recipient to pay any person
to influence, or attempt 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 any federal action related to a federal award or contract, including any extension,
continuation, renewal, amendment, or modification.
XXI. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Polic,._Act of 1969,
(NEPA) Pub. L. 91-190 (19701 (codified as amended at 42 U.S.C. § 4321 et s&y. and the Council
on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of
NEPA, which require recipients to use all practicable means within their authority, and consistent
with other essential considerations of national policy, to create and maintain conditions under
which people and nature can exist in productive harmony and fulfill the social, economic, and
other needs of present and future generations of Americans.
XXII. Nondiscrimination in Matters Pertaining to Faith -Based Orcl anizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries. Recipients
must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19
DHS Standard Terms and Conditions Version 11.4 4 February 17, 2021
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2021 DHS Standard Terms and Conditions
and other applicable statues, regulations, and guidance governing the participations of faith -
based organizations in individual DHS programs.
XXIII. Non-Supplantinq Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit
supplanting by law must ensure that federal funds do not replace (supplant) funds that have
been budgeted for the same purpose through non-federal sources.
XXIV. Notice of Fundinq 0i)portunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding
Opportunity (NOFO) for this program are incorporated here by reference in the award terms
and conditions. All recipients must comply with any such requirements set forth in the program
NOFO.
XXV. Patents and Intellectual Property Rights
Recipients are subject to the Bayli-Dole Act, 35 U.S.C. & 200 et seri unless otherwise
provided by law. Recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from
federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent
rights clause located at 37 C.F.R. § 401.14.
XXVI. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of
the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource
Conservation and Recovery Act, 42 U.S.C.:696_2.) The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
XXVIL Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 9973,
Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. � 794,) which provides that no
otherwise qualified handicapped individuals in the United States will, solely by reason of the
handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
XXVIII. Reportinq of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirements
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of this federal award, then the recipients during that period
of time must maintain the currency of information reported to the System for Award
Management (SAM) that is made available in the designated integrity and performance
system (currently the Federal Awardee Performance and Integrity Information System
,FAPIIS, about civil, criminal, or administrative proceedings described in paragraph 2 of this
award term and condition. This is a statutory requirement under Pub. L.110-417, 872, as
amended 41 U.S.C.- 2313. As required by Pub. L. 111-212, § 3010, all information posted
in the designated integrity and performance system on or after April 15, 2011, except past
performance reviews required for federal procurement contracts, will be publicly available.
2. Proceedings about Which Recipients Must Report
Recipients must submit the required information about each proceeding that:
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a. Is in connection with the award or performance of a grant, cooperative agreement, or
procurement contract from the federal government;
b. Reached its final disposition during the most recent five-year period; and
c. One or more of the following:
1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this
award term and condition;
2) A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of
fault and liability and the recipient's payment of either a monetary fine or penalty of
$5,000 or more or reimbursement, restitution, or damages in excess of
$100,000; or
4) Any other criminal, civil, or administrative proceeding if:
a) It could have led to an outcome described in this award term and condition;
b) It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on the recipient's part; and
c) The requirement in this award term and condition to disclose information aboutthe
proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Recipients must enter the information that SAM requires about each proceeding described in
paragraph 2 of this award term and condition in the SAM Entity Management area.
Recipients do not need to submit the information a second time under financial assistance
awards that the recipient received if the recipient already provided the information through
SAM because it was required to do so under federal procurement contracts that the recipient
was awarded.
4. Reporting Frequency
During any period of time when recipients are subject to the main requirement in paragraph
1 of this award term and condition, recipients must report proceedings information through
SAM for the most recent five-year period, either to report new information about any
proceeding(s) that recipients have not reported previously or affirm that there is no new
information to report. Recipients that have federal contract, grant, and cooperative
agreement awards with a cumulative total value greater than $10,000,000 must disclose
semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For the purpose of this award term and condition:
a. Administrative proceeding: means a non -judicial process that is adjudicatory in nature to
decide fault or liability (e.g., Securities and Exchange Commission Administrative
proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board
of Contract Appeals proceedings). This includes proceedings at the federal and state
level but only in connection with performance of a federal contract or grant. It does not
include audits, site visits, corrective plans, or inspection of deliverables.
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b. Conviction: means a judgment or conviction of a criminal offense by any court of
competent jurisdiction, whether entered upon a verdict or a plea, and includes aconviction
entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts
includes -
1) Only the federal share of the funding under any federal award with a recipientcost
share or match; and
2) The value of all expected funding increments under a federal award and options, even if
not yet exercised.
XXIX. Revortinci Subawards and Executive Compensation
1. Reporting of first tier subawards.
a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term,
the recipient must report each action that equals or exceeds $30, 000 in federal funds for a
subaward to a non-federal entity or federal agency (See definitions in paragraph 5 of this
award term).
b. Where and when to report.
1) Recipients must report each obligating action described in paragraph 1 of this award
term to the Federal Funding Accountability and Transparency Act Subaward Reporting
System (FSRS).
2) For subaward information, recipients report no later than the end of the month following
the month in which the obligation was made. For example, if the obligation was made
on November 7, 2016, the obligation must be reported by no later than December 31,
2016.
c. What to report. The recipient must report the information about each obligating actionthat
the submission instructions posted at http://www.fsrs.ciov.
2. Reporting Total Compensation of Recipient Executives.
a. Applicability and what to report. Recipients must report total compensation for each
of the five most highly compensated executives for the preceding completed fiscal
year, if -
1) The total federal funding authorized to date under this federal award equals or exceeds
$30,000 as defined in 2 C.F.R. § 170.320;
2) In the preceding fiscal year, recipients received—
a) Eighty percent or more of recipients' annual gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance
subject to the Federal Funding Accountability and Transparency Act
(Transparency Act), as defined at 2 C.F.R. § 170.320 (and subawards);
and
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b) $25,000,000 or more in annual gross revenues from federal procurement
contracts (and subcontracts) and federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and
c) The public does not have access to information about the compensation of
the executives through periodic reports filed under Section 13(a) or 15(d)of
the Securities Exchange Act of 1934 (15 U.S.C. 78m a 78o d) or Section
6104 of the Internal Revenue Code of 1986. (See the U.S. Security and
Exchange Commission total compensation filings at
http://www. sec.gov/answers/execomp.htm. to determine if the public has
access to the compensation information.)
3) Where and when to report. Recipients must report executive total compensation
described in paragraph 2.a. of this award term:
a) As part of the recipient's registration profile at https-://www.sam.gov-
b) By the end of the month following the month in which this award is made, and
annually thereafter.
3. Reporting of Total Compensation of Subrecipient Executives.
a. Applicability and what to report. Unless recipients are exempt as provided in
paragraph 4. of this award term, for each first-tier subrecipient under thisaward,
recipients shall report the names and total compensation of each of the
subrecipient's five most highly compensated executives for the subrecipient's
preceding completed fiscal year, if -
1) In the subrecipient's preceding fiscal year, the subrecipient received—
a) Eighty percent or more of its annual gross revenues from federal procurement
contracts (and subcontracts) and federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and
b) $25,000,000 or more in annual gross revenues from federal procurement contracts
(and subcontracts), and federal financial assistance subject to the Transparency
Act (and subawards); and
2) The public does not have access to information about the compensation of the
executives through periodic reports filed under Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104
of the Internal Revenue Code of 1986. (See the U.S. Security and Exchange
Commission total compensation filings at
http://www. sec.gov/answers/execomp.htm. to determine if the public has
access to the compensation information.)
b. Where and when to report. Subrecipients must report subrecipient executive
total compensation described in paragraph 3.a. of this award term:
1) To the recipient.
2) By the end of the month following the month during which recipients make the
subaward. For example, if a subaward is obligated on any date during the month of
October of a given year (i.e., between October 1 and 31), subrecipients must reportany
required compensation information of the subrecipient by November 30 of thatyear.
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4. Exemptions
If, in the previous tax year, recipients had gross income, from all sources, under
$300,000, then recipients are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient
5. Definitions
For purposes of this award term:
a. Federal Agency means a federal agency as defined at 5 U.S.C. 551 (1) and furtherclarified
by 5 U.S.C. 552(f).
b. Non -Federal Entity. means all the following, as defined in 2 C.F.R. Part25:
1) A Governmental organization, which is a state, local government, or Indiantribe;
2) A foreign public entity;
3) A domestic or foreign nonprofit organization;
4) A domestic or foreign for-profit organization;
c. Executive: means officers, managing partners, or any other employees in management
positions.
d. Subaward: means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which the recipient received this award and that
the recipient awards to an eligible subrecipient.
1) The term does not include recipients' procurement of property and services needed to
carry out the project or program (for further explanation, see 2 C.F.R. § 200.331).
2) A subaward may be provided through any legal agreement, including an agreement that
a recipient or a subrecipient considers a contract.
e. Subrecipient: means a non-federal entity or federal agency that:
1) Receives a subaward from the recipient under this award; and
2) Is accountable to the recipient for the use of the federal funds provided by the
subaward.
f. Total compensation: means the cash and noncash dollar value earned by theexecutive
during the recipient's or subrecipient's preceding fiscal year and includes the following
(see 17 C.F.R. & 229.402(c)(2)):
1) Salary and bonus.
2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
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3) Earnings for services under non -equity incentive plans. This does not include group
life, health, hospitalization or medical reimbursement plans that do not discriminate in
favor of executives and are available generally to all salaried employees.
4) Change in pension value. This is the change in present value of defined benefit
and actuarial pension plans.
5) Above -market earnings on deferred compensation which is not tax -qualified.
6) Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the executive exceeds $10,000.
XXX. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide
emergency communication equipment and its related activities must comply with the
SAFECOM Guidance for Emergency Communication Grants, including provisions on technical
standards that ensure and enhance interoperable communications.
XXXI. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism.
Recipients are legally responsible to ensure compliance with the Order and laws.
)00(l1. Trafficking Victims Protection Act of 2000 TVPA
Trafficking in Persons.
1. Provisions applicable to a recipient that is a private entity.
a. Recipients, the employees, subrecipients under this award, and subrecipients' employees
may not -
1) Engage in severe forms of trafficking in persons during the period of time the award is
in effect;
2) Procure a commercial sex act during the period of time that the award is in effect; or
3) Use forced labor in the performance of the award or subawards under the award.
b. DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient
that is a private entity —
1) Is determined to have violated a prohibition in paragraph 1.a of this award term; or
2) Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph 1.a of this award term through
conduct that is either—
a) Associated with performance under this award; or
b) Imputed to recipients or subrecipients using the standards and due processfor
imputing the conduct of an individual to an organization that are provided in
2 C.F.R. Part 180, "OMB Guidelines to Agencies on Government -wide Debarment
and Suspension (Nonprocurement)," as implemented by our agency at 2 C.F.R.
Part 3000.
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2. Provision applicable to recipients other than a private entity.
DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private
entity—
Is determined to have violated an applicable prohibition in paragraph 1.a of this award term;
or
b. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph 1.a of this award term through
conduct that is either -
1) Associated with performance under this award; or
2) Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 C.F.R. Part 180,"OMB
Guidelines to Agencies on Government -wide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 2 C.F.R. Part 3000.
3. Provisions applicable to any recipient.
a. Recipients must inform DHS immediately of any information received from anysource
alleging a violation of a prohibition in paragraph 1.a of this award term.
b. It is DHS's right to terminate unilaterally that is described in paragraph 1.b or 2 of this
section:
1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)),and
2) Is in addition to all other remedies for noncompliance that are available to us under this
award.
c. Recipients must include the requirements of paragraph 1.a of this award term in any
subaward made to a private entity.
4. Definitions.
For the purposes of this award term:
a. Employee: means either:
1) An individual employed by a recipient or a subrecipient who is engaged in the
performance of the project or program under this award; or
2) Another person engaged in the performance of the project or program underthis
award and not compensated by the recipient including, but not limited to, a volunteer
or individual whose services are contributed by a third party as an in-kind contribution
toward cost sharing or matching requirements.
b. Forced labor: means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
c. Private entity: means any entity other than a state, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes:
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1) A nonprofit organization, including any nonprofit institution of higher education, hospital,
or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R.
§ 175.25(b).
2) A for-profit organization.
d. Severe forms of trafficking in persons, commercial sex act, and coercion are defined in
NPA Section 103, as amended (22 U.S.C. § 7102).
XXXIII. Universal Identifier and System of Award Management
1. Requirements for System for Award Management and Unique Entity Identifier
Recipients are required to comply with the requirements set forth in the government -wide
financial assistance award term regarding the System for Award Management and Universal
Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is
incorporated here by reference.
2. Definitions
For purposes of this term:
1. System forAward Management (SAM): means the federal repository into which a
recipient must provide information required for the conduct of business as a recipient.
Additional information about registration procedures may be found on SAM;gov.
2. Unique Entity Identifier.- means the identifier assigned by SAM to uniquely identify
business entities.
3. Entity: includes non -Federal entities as defined at 2 C.F.R. § 200.1 and includes the
following, for purposes of this part:
a. A foreign organization;
b. A foreign public entity;
c. A domestic for-profit organization; and
d. A federal agency.
4. Subaward: means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which a recipient received thisaward
and that the recipient awards to an eligible subrecipient.
a. The term does not include the recipients' procurement of property and services
needed to carry out the project or program (for further explanation, see 2C.F.R.
§ 200.330).
b. A subaward may be provided through any legal agreement, including an
agreement that a recipient considers a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from the recipient under this award; and
b. Is accountable to the recipient for the use of the federal funds provided bythe
subaward.
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XXXIV. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strenatheninc
America by Providing Appropriate Tools Required to Intercec)t and Obstruct Terrorism Act of
2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
XXXV. Use of DHS Seal. Locio and Flans
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos,
crests or reproductions of flags or likenesses of DHS agency officials, including use of the United
States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard
officials.
XXXVI. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if
applicable) at 10 U.S.0 2409, 41 U.S.C. 4712, and 10 U.S.C. � 2324, 41 U.S.C. 4304
and 4310.
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Attachment 5
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Sub-Subrecipient Monitoring
Sub-Subrecipient is subject to monitoring by Recipient in accordance with the provisions of 2 CFR
200.332.
A. Recipient may assess Sub-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).
This includes the application and award process when Sub-Subrecipient was selected to
receive this award, and it continues throughout the life of the award, such as ensuring Sub-
Subrecipient remains eligible to receive funding as specified in Funding Eligibility
Criteria.
2. Sub-Subrecipient's prior experience with other grant awards by/through Recipient may
also be included in the risk assessment.
Depending on the risk, additional conditions may be imposed on this award at any time per
2 CFR 200.332(c).
4. Sub-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 Sub-Subrecipient as required in this MOA.
Recipient will also review all other documentation required to be submitted by Sub-
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 Sub-Subrecipient with funds from this award, and all project closeout
documents.
All documentation required to be retained by Sub-Subrecipient in this MOA, including all
required Sub-Subrecipient file documentation per 2 CFR 200.334, is also subject to
review and monitoring by Recipient (see File Retention).
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 Sub-Subrecipient and cause
additional 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).
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.
2. Failure to timely file complete and accurate audits and reports required under federal and
state law may subject Sub-Subrecipient to additional monitoring and the full range of
remedies for noncompliance specified in Compliance.
D. Any findings or corrective actions identified in Sub-Subrecipient audits specifically related to this
award may elevate the risk status of Sub-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).
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Such audit findings and corrective actions must be appropriately resolved by Sub-
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 Sub-Subrecipient.
F. Depending on the risk, Sub-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.