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HomeMy WebLinkAboutFY24 Emerg Mgt HMEP, MOA 2360003 Hazardous Materials Emergency Preparedness (HMEP) Fiscal Year 2023 CFDA #: 20.703 Grant #: 693JK32240027HMEP Memorandum of Agreement (MOA) between RECIPIENT: SUBRECIPIENT: State of North Carolina New Hanover County Department of Public Safety 230 Government Center Drive Emergency Management (NCEM) Wilmington, NC 28403- 1636 Gold Star Dr Tax ID/EIN #: 56-6000324 Raleigh, NC 27607 Unique Entity ID (from SAM.gov): F7TLT2GMEJE1 MOA #:2360003 Award amount: $10,000.00 Period of performance: October 1, 2023 to October 31, 2024 Cost center NCAS: N/A NCFS: 102641-0000000-0000000-3023-19GC000201 1. Purpose The purpose of this MOA is to establish responsibilities and procedures to implement the terms of the US Department of Transportation (USDOT), Pipeline and Hazardous Materials Safety Administration (PHMSA), HMEP Grant Program. More information about the HMEP grant program is available at: https://www.phmsa.dot.gov/grants/hazmat/hazardous-materials-emergency-preparedness-hmep-grant and https://www.grants.gov/search-grants.html?cfda=20.703. This MOA is to set forth terms by which RECIPIENT (NCEM on behalf of the State of North Carolina) shall provide HMEP funding to SUBRECIPIENT for projects related to emergency management planning, training and exercise that pertain specifically to transportation of hazardous materials. For a more detailed description of the approved Scope of Work, see Attachment 1. The scope of work is the approved Application as submitted by SUBRECIPIENT with any amendments approved by RECIPIENT. 2. Program Authorization and Regulations This MOA and the Hazardous Materials Emergency Preparedness Grant Program (HMEP) are governed by the following: (1) The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 5101 et. seq.; (2) 49 Code of Federal Regulations (C.F.R.) Part 110.; (3) Emergency Planning Community Right-To-Know Act (EPCRA), 42 U.S.C. § 11001 et. seq., specifically including EPCRA Section 303 regarding planning activities; (4) 2 CFR Part 200; (5) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5144 et. seq.; (6) where applicable, it will comply with Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., Davis-Bacon Act, 40 U.S.C. §§ 276a to 276a-7, Sections 306 and 508 of the Clean Air Act, 42 U.S.C. § 1857(h) and § 1368, Executive Order 11738, the Americans With Disabilities Act; (7) 42 U.S.C. § 12001 et. seq., the Anti-kickback (Copeland) Act of 1934, 18 U.S.C. Section 874 and 40 U.S.C. Section 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally HMEP MOA 2023 2 of 13 financed or assisted construction activities,; (7) the Hatch Act, which limits the political activity of employees; (8) 2022 HMEP Notice of Funding Opportunity (NOFO); (9) applicable HMEP Grant Financial Management, HMEP Grant Programmatic Management and HMEP Application Guidance posted on the PHMSA HMEP website; 10) the N.C. Emergency Management Act, Chapter166A of the North Carolina General Statutes; 11) NFPA 472 core competencies and/or OSHA 29 CFR 1910.120 regarding training activities. Attachment 5 is an overview of the 2022 HMEP grant program. The funds awarded under this grant must be used in compliance with all applicable federal, state, and local laws and regulations. By accepting this award, SUBRECIPIENT agrees to use these funds in a manner consistent with all applicable laws and regulations. 3. Funding All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from USDOT, PHMSA, and RECIPIENT 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 the applicable USDOT Program Guidelines, which include, but may not be limited to, the FY 2022 HMEP NOFO and the HMEP Expenditures Guide.pdf (dot.gov), 2 CFR Parts 200 Subpart E, , Federal Acquisition Regulations (FAR) Part 31.2, and OMB Circulars A-21. Allowable costs are also subject to the approval of the State Administrative Agent (SAA) for the State of North Carolina, the Secretary of the North Carolina Department of Public Safety (NCDPS). Food allowances must have prior written approval from NCEM HAZMAT. Water is an allowable expense. 4. Funding eligibility criteria Federal funds administered through the RECIPIENT are available to local governments to assist in the cost of developing and maintaining a Hazardous Material Emergency Management program. Continued HMEP funding is contingent upon completion of all HMEP funding requirements. The following eligibility criteria must be adhered to during the grant program: SUBRECIPIENT must: A. Be established as a state or local government agency by appropriate resolution/ordinance, or a federally recognized tribal entity. B. SUBRECIPIENT must have a Unique Identity ID (UEID) prior to any funds being released. UEID may be obtained from http://www.sam.gov. C. Each SUBRECIPIENT shall ensure their organization is registered with the System for Award Management (SAM). Every applicant is required to have their name, address, and UEID up to date in SAM, and the UEID used in SAM must be the same one used to apply for all federal awards. SAM information can be found at http://www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore, it is imperative that the information is correct. D. Complete any procurement(s) and expenditures no later than September 30, 2024. E. Submit requests for reimbursement with all required documentation attached. Requests for Reimbursement (RFR) will not be processed unless SUBRECIPIENT is in compliance with all requirements of this MOA. See paragraph 9.G. below. 5. Compensation RECIPIENT agrees that it will pay SUBRECIPIENT compensation for eligible services rendered by SUBRECIPIENT. Payment to SUBRECIPIENT for expenditures under this MOA will be reimbursed after RFR is submitted and approved for eligible scope of work activity. Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced, products or services received (i.e., invoices, contracts, itemized expenses, etc.), and proof of payment is provided. The original signed copy of this MOA must be signed by the Official(s) authorized to sign below and returned to North Carolina Emergency Management no later than 30 days after the MOA has been submitted for execution. This MOA shall be effective upon return of execution from SUBRECIPIENT and final approval by RECIPIENT. Upon final approval of this MOA by RECIPIENT, the period of performance (POP) for this grant is October 1, 2023 September 30, 2024. Grant funds will be disbursed upon receipt of evidence that funds have been invoiced, HMEP MOA 2023 3 of 13 products or services received, and proof of payment is provided. Any unexpended grant funds remaining after POP revert to RECIPIENT. SUBRECIPIENT: A. Understands and acknowledges that total funding level available under this MOA will not exceed the awarded amount $10,000.00. SUBRECIPIENT acknowledges that they are further prohibited from sub-granting these funds. Attachment 1 and any approved amendments constitute the approved scope of work for this grant award. B. Understands and agrees that funding shall be subject to the availability of appropriated funds, pursuant to N.C.G.S 143C-1-1. However, in the event of MOA termination due to lack of adequate appropriated funds, RECIPIENT will ensure that it will pay for services and goods acquired and obligated on or before the notice of agreement termination. C. Must meet all funding requirements contained herein. Non-compliance may result in denial of reimbursement request(s) or suspension/revocation of grant funds awarded for this project. See also paragraph 34 below regarding compliance. 6. Conditions Funding is contingent upon completion of all funding requirements. The following conditions must be adhered to during the entire duration of the grant program. A. SUBRECIPIENT must: i. Complete any procurements, expenditures, and receipt of goods or services within the POP. ii. No Match Requirement. SUBRECIPIENT is not required to provide matching funds in cash or in-kind for this award. iii. Submit requests for reimbursement with all required documentation attached. Once RECIPIENT is satisfied that SUBRECIPIENT has provided all required documentation, the requested distributions can be processed for payment. The distributions of funds will be coded to cost center N/A in the North Carolina Accounting System (NCAS). See SUBRECIPIENT paragraph 9.G. B. Required Documents/Forms. SUBRECIPIENT must submit the following documents to RECIPIENT (slcgp@ncdps.gov) upon execution of this MOA. This is not required if SUBRECIPIENT has previously submitted these documents to RECIPIENT for this or any other grant; however, if any of these documents are not current, SUBRECIPIENT must submit updated document(s): i. W-9 (09 NCAC 03M .0202) ii. Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202) iii. Conflict of Interest Policy (G.S. 143C-6-23.(b)) iv. Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-23.(c)) v. SUBRECIPIENT Procurement Policy 7. Supplantation Grant funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients 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. 8. Scope of Work SUBRECIPIENT shall implement the HMEP project specified in Attachment 1 and as described in the approved project application, including the project objective SUBRECIPIENT selected in the application. That application is hereby incorporated by reference into this MOA. A. Documentation to be provided throughout the POP of the grant: i. Copy of legal action if SUBRECIPIENT is involved in legal action that pertains to Planning and Training (including exercises) purchased with HMEP grant funds. ii. After action report (AAR) from exercise iii. Training course description and course roster iv. A copy of a plan created or rewritten with HMEP grant funds v. Equipment location/maintenance/training records vi. Any other documentation that would be pertinent. HMEP MOA 2023 4 of 13 vii. 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 or 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 (no taxes, see paragraph 10). B. Reports to be provided at the conclusion of work (if applicable): i. After action report (AAR) from exercise ii. Training course description and course roster iii. A copy of a plan created or rewritten with HMEP grant funds iv. Equipment location/maintenance/training records C. Any other documentation requested by RECIPIENT 9. Responsibilities RECIPIENT: A. RECIPIENT shall provide funding to SUBRECIPIENT to perform the activities as described herein. B. RECIPIENT shall conduct a review of the project to ensure that it is in accordance with HMEP requirements. C. RECIPIENT shall monitor the completion of the approved scope of work as specified in Attachment 1 and any approved amendments. D. RECIPIENT has obligated the funding for this MOA by signing this MOA after acceptance of the federal award. SUBRECIPIENT: A. This MOA must be signed and returned to NCEM within 30 days after SUBRECIPIENT receives this MOA. The grant shall be effective upon return of the MOA. B. SUBRECIPIENT shall expend FY 2023 HMEP Grant Program funds in accordance with the FY2022 HMEP NOFO, the grant application, and this MOA. C. Procurement. i. SUBRECIPIENT shall utilize State of North Carolina and/or local procurement policies and procedures for the expenditure of funds, and conform to applicable state and federal law and the standards identified in 2 CFR 200.317 200.327. ii. SUBRECIPIENT must follow procurement procedures and policies as outlined in the applicable FY2022 HMEP NOFO, Appendix II of 2 CFR Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and the and HMEP Expenditures Guide.pdf (dot.gov). SUBRECIPIENT shall comply with all applicable laws, regulations and program guidance. SUBRECIPIENT must comply with the most recent version of the funding administrative requirements, cost principles, and audit requirements. iii. Administrative and procurement practices must conform to applicable federal requirements. A non- exclusive list of regulations commonly applicable to federal grants are listed below, codified in the following guidance: 15 CFR Part 24; Federal Acquisition Regulations (FAR), Part 31.2; 28 CFR Part 23 Public Law 107-296, The Critical Infrastructure Act of 2002; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et. seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et. seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20 U.S.C. 6101 et. seq.; Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205; PHMSA 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 HMEP MOA 2023 5 of 13 regarding debarment, suspension and other responsibility matters; 28 CFR Parts 66, 67, 69, 70 and 83; and Grant Award and Special Conditions documents. iv. Mini-Brooks Act. SUBRECIPIENTs that are governmental entities or otherwise subject to the requirements of the Local Government Commission (LGC) per 20 NCAC 03 are required under North Carolina law to Mini-Brooks Act G.S. 143-64.31, for the procurement of certain professional services performed by architects, engineers, surveyors, and construction managers at risk. D. Comply with current federal laws and suspension and debarment regulations pursuant to 2 CFR 200.213 200.214, 2 CFR Part 180 and U.S. Office of Management and Budget (OMB) Guidance, which requires in pertinent part that when a non-federal entity enters into a covered transaction with an entity at a lower tier, the non-federal entity must verify that the entity is not suspended or debarred or otherwise excluded. SUBRECIPIENT shall be responsible to ensure that it has checked the federal System for Awards Management (SAM), https://sam.gov/content/exclusions and the State Debarred Vendors Listing, https://ncadmin.nc.gov/documents/nc-debarred-vendors, to verify that contractors or SUBRECIPIENTs have not been suspended or debarred from doing business with the federal government. E. Per 09 NCAC 03M, agencies shall not disburse any state financial assistance to an entity that is on the Suspension of Funding List (SOFL). OSBM maintains the SOFL. The SOFL is updated on a weekly basis. SUBRECIPIENT is prohibited under this MOA from procurement, and/or contracting with any entity listed on the SOFL using these grant funds. F. Indirect Costs. No indirect or administrative costs will be charged to this award. See 2 CFR 200.332(a). G. Requests for Reimbursement (RFR). Submit RFR for items or services received to NCEM HAZMAT programmatic team hazmat@ncdps.gov. RECIPIENT will reimburse SUBRECIPIENT for eligible costs as outlined in the applicable PHMSA program guidelines and FY2022 HMEP NOFO. SUBRECIPIENT must take possession of all purchased equipment and receive any grant-eligible service prior to seeking reimbursement from RECIPIENT. SUBRECIPIENT must submit request for reimbursement within 60 days of payment of invoice. Requests for reimbursement submitted more than 60 days after SUBRECIPIENT payment of invoice may be denied. RFR must include sufficient documentation that approved expenditures have been properly invoiced and paid by SUBRECIPIENT, and that the products and/or services have in fact been received by SUBRECIPIENT. RFRs must also include a cost report form (supplied by the RECIPIENT) and a summary of all expenditures included in the RFR completed by SUBRECIPIENT. Summary of expenditures should include at a minimum: vendor name, date of purchase, invoice number, total invoice amount, and reimbursable amount. H. Funds Management. SUBRECIPIENT agrees that funds paid through this grant shall be accounted for in a system. SUBRECIPIENT agrees to manage all accounts payable disbursements, check register disbursements and related transactions in a detailed manner that supports fully transparent accounting of all financial transactions associated with the funding for this grant. i. Expenditures for travel mileage, meals, lodging and other travel expenses incurred in the performance of this grant shall be reasonable and supported by documentation. State rates should be used as guidelines. International travel shall not be eligible under this MOA. Subrecipient must have an acceptable local travel regulation plan or accept the state travel regulations. Refer to 2 CFR 200.475 for travel costs. ii. If eligible, SUBRECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reported expenditures. I. Maintain Required Subrecipient File Documentation as specified in this MOA (Attachment 4). SUBRECIPIENT is required to maintain all records of this grant for three years after termination of the grant, or audit if required, or longer where required by law, as outlined below. SUBRECIPIENT must meet the record retention requirements in 2 CFR 200.334 and must maintain a file for each HMEP grant award. However, if any litigation, claim or audit has been initiated prior to the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The following files must be available for review by NCEM staff and/or USDOT/PHMSA for site visits, project closeout and audits: HMEP MOA 2023 6 of 13 i. Resolution/ordinance establishing 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. J. Property and Equipment. SUBRECIPIENT shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of any equipment procured pursuant to this MOA as follows: i. SUBRECIPIENT must utilize all property and equipment as intended in their project application to NCEM, for training and exercise purposes only. Any variation from this intended use must be requested in writing and approved by NCEM. ii. RECIPIENT and SUBRECIPIENT shall take an initial physical inventory of any equipment. Equipment is defined as tangible, non-expendable property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. SUBRECIPIENT may have property management guidelines that are more restrictive, requiring a unit of equipment with a value of less than $5,000 to be inventoried. If so, such equipment purchased under this award allocation shall be included on the report submitted to RECIPIENT. The grant summary, cost reports with backup documentation, certificate of title, and any other SUBRECIPIENT reports or inventory reports that include information regarding the grant, vendor, invoice number, cost per item, number of items, description, location, condition, and identification number may be used to meet this requirement. iii. SUBRECIPIENT must ensure a control system exists to ensure adequate safeguards to prevent loss, damage, or theft. SUBRECIPIENT shall be responsible for replacing or repairing equipment which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage or theft of the property must be investigated and fully documented and made part of the official project records. iv. SUBRECIPIENT or equipment owner must ensure adequate maintenance procedures exist to keep the equipment in good condition. v. Use. Per 2 CFR 200.313, during the time that equipment is used on the project or program for which it was acquired, SUBRECIPIENT must also make the equipment available for use on other projects or programs currently or previously supported by this or other federal grants, provided that such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by USDOT that financed the equipment and second preference must be given to other programs or projects under grants from other federal awarding agencies. NCEM, in conjunction with USDOT and/or PHMSA, will determine and direct how equipment will be redeployed. vi. Disposition Procedures. Unless otherwise directed by RECIPIENT, USDOT and/or PHMSA, SUBRECIPIENT may dispose of the equipment when the original or replacement equipment acquired under the grant award is no longer needed for the original project or program, or for other activities currently or previously supported by a federal awarding agency. However, SUBRECIPIENT must notify RECIPIENT (SLCGP@ncdps.gov) prior to disposing of any equipment purchased with grant funds. Items with a fair market value of less than $5,000 may be retained, transferred, or otherwise disposed of with prior approval of NCEM and in accordance with disposition requirements in 2 CFR 200.313. Unless otherwise directed by NCEM, USDOT and/or PHMSA, items with a current per unit standard federal or fair market value in excess of $5,000 may be retained, transferred, or otherwise disposed of with prior NCEM approval in accordance with disposition requirements in 2 CFR 200.313. SUBRECIPIENT must provide documentation that includes the method used to determine current fair market value. K. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, exercise or work activities beyond that identified in the approved scope of work specified in Attachment 1 and any approved amendments, shall be the sole responsibility of SUBRECIPIENT and shall not be reimbursed under this MOA. L. Conflicts of Interest. i. State Law. Per N.C.G.S. § 143C-6-23(b), SUBRECIPIENT is required to file with RECIPIENT a copy of management employees and the members of its board of directors or other governing body. The policy shall HMEP MOA 2023 7 of 13 address situations in which any of these individuals may directly or indirectly benefit, except as disbursing of grant funds, and shall include actions to be taken by SUBRECIPIENT or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before RECIPIENT may disburse any grant funds. ii. Federal Law Grant Administration. Per 2 CFR 200.112, all SUBRECIPIENTs must disclose in writing to NCEM, and attempt to avoid, any real or potential conflict of interest that may arise during the administration of a federal grant award. For purposes of this MOA, conflicts of interest may arise in situations where a SUBRECIPIENT employee, officer, or agent, any members of his or her immediate family, or his or her partner has a family relationship, close personal relationship, business relationship, or professional relationship, with anybody at USDOT, PHMSA and/or NCEM involved in the administration of this grant award. iii. Federal Law Procurement. Per 2 CFR 200.318, all SUBRECIPIENTs that are non-federal entities other than states are required to maintain written standards of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such conflicts of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the SUBRECIPIENT may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, SUBRECIPIENTs may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the SUBRECIPIENT. All SUBRECIPIENTs must disclose in writing to NCEM, and attempt to avoid, any real or potential conflicts of interest with respect to procurement, contracting and subcontracting with funds provided under this grant award. Upon request, SUBRECIPIENTs must also provide a copy of their standards of conduct policy covering conflicts of interest with respect to procurement, contracting and subcontracting with funds provided under this grant award. M. Comply with the applicable federal statutes, regulations, policies, guidelines, requirements and certifications as outlined in the FY 2022 HMEP NOFO and associated guidance. N. Closeout Reporting Requirements. In accordance with 2 CFR 200.344, SUBRECIPIENT must submit to RECIPIENT, no later than 90 calendar days after the end date of POP, all financial, performance, and other reports as required by the terms and conditions of the federal award, this MOA and applicable PHMSA HMEP guidance. Documentation required: i. A complete accounting of how all grant funds were used. ii. A Certification stating the funds were used for the purpose appropriated. iii. A closeout letter indicating that the approved scope of work is complete. iv. Any other closeout documentation requested by RECIPIENT. v. SUBRECIPIENT agrees that all program activity results information reported shall be subject to review and authentication and SUBRECIPIENT will provide access to work papers, receipts, invoices and reporting records, if requested by RECIPIENT, as RECIPIENT executes any audit internal audit responsibilities. vi. Once the complete final performance and financial status report package has been received and evaluated by RECIPIENT, SUBRECIPIENT will receive official notification of MOA close-out from RECIPIENT. vii. The notification will inform SUBRECIPIENT that RECIPIENT is officially closing the MOA and retaining all MOA files and related material for a period of three (3) years or until all audit exceptions have been resolved, whichever is longer. 10. Taxes SUBRECIPIENT shall be considered to be an independent SUBRECIPIENT and as such shall be responsible for ALL taxes. There shall be no reimbursement for taxes incurred by the SUBRECIPIENT under this grant. HMEP MOA 2023 8 of 13 If eligible, SUBRECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reported expenditures. 11. Warranty As an independent subrecipient, SUBRECIPIENT will hold RECIPIENT harmless for any liability and personal injury that may occur from or in connection with the performance of this MOA to the extent permitted by the North Carolina Tort Claims Act. Nothing in this MOA, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this MOA. This MOA does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This MOA is intended for the sole and exclusive benefit of the parties hereto. This MOA is not made for the benefit of any third person or persons. No third party may enforce any part of this MOA or shall have any rights hereunder. This MOA does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this MOA. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 12. State Property If RECIPIENT purchases any real or personal property or items with HMEP funds and allows SUBRECIPIENT to use such property, SUBRECIPIENT shall be responsible for the custody and care of such property, and shall reimburse the RECIPIENT for any loss or damage to said property until the property is disposed of in accordance with HMEP program requirements. 13. State of North Carolina Reporting Requirements per NCGS 143C-6-23 and 09 NCAC 03M North Carolina state law (N.C.G.S. 143C-6-23 and 09 NCAC 03M) requires every nongovernmental entity (including non-profit organizations) that receives state or federal pass-through grant funds from state agencies to file annual reports on how those grant funds were used no later than three months after the end of the non-state Government entities including counties and local governments are not required to file these reports. ructions and applicable forms for nongovernmental subrecipients (including non-profit organizations) to meet these requirements: https://www.ncdps.gov/our-organization/emergency-management/emergency-management-grants/grants- management-compliance. 14. Audit Requirements For all federal grant programs, SUBRECIPIENT is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. Per 2 CFR 200.501, a subrecipient that receives a combined $750,000 or more in funding from all federal funding sources, even those passed through a state agency, must have a single audit conducted in accordance with 2 CFR 200.514 and GAGAS with 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 (DPS_GrantComplianceReports@ncdps.gov) a single audit prepared and completed in accordance with GAGAS. This can, at the option of SUBRECIPIENT, be the same single audit submitted to the Federal Audit Clearinghouse in paragraph 14.A. above. C. Make copies of the single audit available to the public. Per 09 NCAC 03M.0205, a non-state entity that is not exempt from the requirements of SUBCHAPTER 03M UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL ASSISTANCE per 09 NCAC 03M.0201, that receives a combined $500,000 or more in North Carolina state funding or federal funding passed through a state agency must within 9 months of the non- fiscal year end submit to DPS Internal Audit (DPS_GrantComplianceReports@ncdps.gov) a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards (GAGAS): https://www.gao.gov/yellowbook. If SUBRECIPIENT is a unit of local government in North Carolina, SUBRECIPIENT may be subject to the audit and reporting requirements in N.C.G.S. 159-34, Local Government Finance Act Annual Independent Audit, rules and regulations. Such audit and reporting requirements may vary depending upon the amount and HMEP MOA 2023 9 of 13 source of grant funding received by the SUBRECIPIENT and are subject to change (see Local Government Commission for more information). See also 20 NCAC 03 (Local Government Commission). 15. Subrecipient Monitoring See Attachment 2 for subrecipient monitoring. 16. Points of Contact To provide consistent and effective communication between SUBRECIPIENT and the NCEM, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The NCEM contact shall be, Assistant Director - Administration, the NCEM Grants Management Branch Staff, the NCEM Field Branch Staff, and NCEM HAZMAT programmatic team hazmat@ncdps.gov. The SUBRECIPIENT point of contact shall be the person designated by the SUBRECIPIENT. 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. 17. 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 PHMSA FOIA Office. Information maintained by RECIPIENT in connection with this MOA and grant award is subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes and is subject to public records requests through NCDPS. 18. Contracting/Subcontracting If SUBRECIPIENT contracts/subcontracts any or all purchases or services under this MOA, then SUBRECIPIENT agrees to include in the contract/subcontract that the contractor/subcontractor is bound by the terms and conditions of this MOA. SUBRECIPIENT and any contractor/subcontractor agree to include in the contract/subcontract that the contractor/subcontractor shall hold NCEM harmless against all claims of whatever nature arising out of the contractors/subcontractor's performance of work under this MOA. If SUBRECIPIENT contracts/subcontracts any or all purchases or services required under this MOA, a copy of the executed contract/subcontract agreement must be submitted to NCEM along with the RFR in accordance with SUBRECIPIENT responsibilities in paragraph 9.G above. A contractual arrangement shall in no way relieve SUBRECIPIENT of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. SUBRECIPIENT is bound by all special conditions of this grant award as set out in the grant application and the grant award letter Subaward Agreement incorporated by reference herein, as well as all terms, conditions and restrictions of the FY 2022 HMEP NOFO referenced herein. 19. Antitrust Laws All signatories of this MOA will comply with all applicable state and federal antitrust laws. 20. 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, federal grant RECIPIENTs and SUBRECIPIENTs may not use any federal funds under open or new awards to procure certain covered telecommunications equipment or services. HMEP MOA 2023 10 of 13 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 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, 21. Divestment and Do-Not-Contract Rules The State of North Carolina, through the Department of State Treasurer, follows several divestment and do-not- contract mandates. Information about each of these mandates is available at: https://www.nctreasurer.com/about/transparency/commitment-transparency/divestment-and-do-not-contract- rules. SUBRECIPIENT may not contract with any vendors on any of these designated divestment and do-not-contract lists using SLCGP grant funds, and SUBRECIPIENT must comply with all other requirements of these divestment and do-not-contract laws. 22. Lobbying Prohibition SUBRECIPIENT certifies, to the best of its knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or employee of any state or federal agency, a member of the NC General Assembly, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-Disclosure Form to 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. SUBRECIPIENT and its contractors may not use grant funds for lobbying in direct support of litigation, or in direct advocacy for, or against, a pipeline construction or expansion project. SUBRECIPIENT and its contractors may not conduct political lobbying, as defined in the statutes, regulations, and 2 CFR 200.450 -supported project. SUBRECIPIENT and its contractors may not use Federal funds for lobbying specifically to obtain grants and cooperative agreements. SUBRECIPIENT and its contractors must comply with 49 CFR 20, HMEP MOA 2023 11 of 13 23. Nondiscrimination SUBRECIPIENT must comply with Title VI of the Civil Right Act of 1964, which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, be subject to discrimination under any program or activity receiving Federal financial assistance. SUBRECIPIET must comply with 49 CFR 21 -Assisted Programs of the Department of Transportation . The PHMSA Office of Civil Rights has developed an information tool and training for civil rights program guidelines that can help SUBRECIPIENT ensure they are in compliance with their civil rights responsibilities: https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/External_Civil_Rights_Program_Guidelines_for_Grant_Recipients.pdf. 26. Certification Regarding Drug-Free Workplace Requirements (Subrecipients Other Than Individuals) SUBRECIPIENT must comply with the provisions of Public Law 100--Free SUBRECIPINET to take steps to provide a drug-free workplace. SUBRECIPIENT must comply with 49 CFR 32 -wide Requirements for Drug Free Workplace 27. Combating Trafficking in Persons PHMSA and/or RECIPIENT may terminate grants, cooperative agreements, or take any of the other remedial actions authorized under 22 U.S.C. 7104(g), without penalty, if SUBRECIPIENT engages in, or uses labor recruiters, brokers, or other agents who engage in: any forms of trafficking in persons; the procurement of a commercial sex act during the period of time that the grant, or cooperative agreement is in effect; the use of forced labor in the performance of the grant or cooperative agreement; or any acts that directly support or advance trafficking in persons. 28. Copyrights PHMSA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal government purposes: a) The copyright in any work developed under a grant, sub award, or contract under a grant or sub award; and b) Any rights of copyright to which SUBRECIPIENT or a contractor purchases ownership with grant support. 29. Term of this Agreement Regardless of actual execution date, this MOA shall be in effect from the start of the POP on October 1, 2023 to the end of the POP. 30. Statement of Assurances SUBRECIPIENT must complete Office of Management and Budget (OMB) Standard Form 424B Assurances Non-Construction Programs,and submit to NCEM Grants Management Branch (ncemgrants1@ncdps.gov) upon execution of this MOA. SUBRECIPIENT must still complete the appropriate form(s) even if certain assurances in t covered. See Attachment 3. 31. Situs This MOA shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed in State Court in Wake County, North Carolina. 32. Other Provisions/Severability Nothing in this MOA is intended to conflict with current laws or regulations of NCDPS NCEM or the SUBRECIPIENT. 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. 33. 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. 34. Modification This MOA may be amended only by written amendments duly executed by the RECIPIENT and the SUBRECIPIENT. HMEP MOA 2023 12 of 13 35. Termination The terms of this MOA, as modified with the consent of all parties, will remain in effect until 9/30/2023. Either party upon thirty (30) days advance written notice to the other party may terminate this MOA. Upon approval by USDOT, PHMSA and the issuance of the Grant Adjustment Notice (GAN), if this MOA is extended, the termination date for the extension will be the date listed in the applicable USDOT, PHMSA Grant Adjustment Notice, incorporated by reference herein. If USDOT suspends or terminates funding in accordance with 2 CFR 200.339 200.340 and the FY 2022 HMEP NOFO, incorporated by reference herein, the SUBRECIPIENT shall reimburse NCEM for said property and/or expenses. 36. Compliance SUBRECIPIENT shall comply with applicable federal, state, and/or local 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 FY2022 HMEP NOFO referenced in paragraph 2 above. SUBRECIPIENT shall be wholly responsible for the purchases made under this MOA and for the supervision of its employees and assistants. Failure to comply with the specified terms and conditions of this MOA may result in the return of funds and any other remedy for noncompliance specified in 2 CFR 200.339, and/or termination of the award per 2 CFR 200.340. Additional conditions may also be placed upon SUBRECIPIENT for noncompliance with the specified terms and conditions of this MOA, including (but not limited to) additional monitoring. See Attachment 2 for SUBRECIPIENT monitoring. 37. Execution and effective date This grant shall become effective upon return of the original grant award letter and MOA, properly executed on behalf of SUBRECIPIENT, to NCEM on behalf of RECIPIENT and will become binding upon execution of all parties to this MOA. The conditions of this MOA are effective upon signature by all parties. This MOA shall be in effect from 10/01/2023 through the end of POP. Failure to provide applicable cost reports, proofs of payment and/or a de-obligation request letter within 30 days of the end of POP may result in automatic de- obligation of grant funds. 38. Attachments All attachments to this MOA 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 Subrecipient Monitoring Attachment 3 Statement of Assurances Attachment 4 Subrecipient Filing System Attachment 5 HMEP Overview HMEP MOA 2023 13 of 13 AUTHORIZED SIGNATURE WARRANTY THE UNDERSIGNED REPRESENT AND WARRANT THAT THEY ARE AUTHORIZED TO BIND THEIR PRINCIPALS TO THE TERMS OF THIS MOA. IN WITNESS WHEREOF, RECIPENT AND SUBRECIPIENT HAVE EACH EXECUTED THIS MOA AND THE PARTIES AGREE THAT THE MOA IS EFFECTIVE AS OF THE POP START DATE, EVEN IF THIS MOA IS SIGNED BY ANY PARTIES AFTER THAT DATE. For RECIPIENT: By: ________________________________ William C. Ray, Director & Deputy Homeland Security Advisor North Carolina Department of Public Safety Division of Emergency Management Date: __________________ For SUBRECIPIENT: By: ________________________________ Date: __________________ By: ________________________________ Date: __________________ By: ________________________________ Date: __________________ Approved as to Form: By: ________________________________ William Polk, Deputy General Counsel Reviewed for the North Carolina Department of Public Safety to fulfill the purposes of the DHS Homeland Security Grant Program Date: __________________ Attachment 1 NC Yes Title: Phone: Activity Area: Training Planning 2023 HMEP Application Ap p l i c a n t Applicant: New Hanover County Street:230 Government Center Drive, Suite 165 City:Wilmington State:Zip Code: SAM Registered SAM Expiration:06/06/2023 Email:tersmith@nhcgov.com 910-798-6906 28403 EIN: UEID:F7TLT2GMEJE1 POC Name: 56-6000324 Teresa Smith EM Technician This exercise will be a multi-year exercise of a complex emergency event that will require multi- jurisdictional response including response from regional counties. The purpose of this exercise is to test operational coordination and response during a complex event where there are multiple events within the event that will require additional planning and communication coordination. This funding will help support our third exercise of a three-year exercise plan. The type of exercise will be determined by the Scope:Joint/regional Request RRT participation: HM E P B u d g e t I n f o r m a t i o n BUDGET DETAIL Description: Hire a consultant to help plan, write and facilitate a hazardous material exercise. Supplies Yes Bu d g e t S u m m a r y Funding Summary Activity Area: Planning Training Total Funding Request: Pr o j e c t I n f o r m a t i o n Grant:HMEP Title:HazMat Exercises Description: Ad d i t i o n a l I n f o r m a t i o n Ce r t i f i c a t i o n s Acknowledge the Following Statements: Yes This application includes complete and accurate information. Yes I understand that any changes made to this grant after the submission deadline must be approved by the Yes I understand that submittal of the project proposal does not guarantee funding. Yes I understand that any person who knowingly makes a false claim or statement in connection with this Total Cost: 9500.00 500.00 2023 HMEP Application 910-798-6906 EM Technician This exercise will be a multi-year exercise of a complex emergency event that will require multi- jurisdictional response including response from regional counties. The purpose of this exercise is to test operational coordination and response during a complex event where there are multiple events within the event that will require additional planning and communication coordination. This funding will help support our third exercise of a three-year exercise plan. The type of exercise will be determined by the Hire a consultant to help plan, write and facilitate a hazardous material exercise. Funding Request 500.00 9,500.00 10,000.00 This application includes complete and accurate information. I understand that any changes made to this grant after the submission deadline must be approved by the I understand that submittal of the project proposal does not guarantee funding. I understand that any person who knowingly makes a false claim or statement in connection with this Attachment 2 Subrecipient Monitoring Subrecipient is subject to monitoring by Recipient in accordance with the provisions of 2 CFR 200.332. A. Recipient mayassess Subrecipient’s riskof noncompliance with applicable laws, rules, regulations, policies and guidelines, and with the terms and conditions of this award, per 2 CFR200.332(b). 1. This includes the application and award process when Subrecipient was selected to receive this award, and it continues throughout the life of the award, such as ensuringSubrecipient remains eligible to receive funding as specified in Funding EligibilityCriteria. 2. Subrecipient’s prior experience with other grant awards by/through Recipient may also be included in the riskassessment. 3. Depending onthe risk,additional conditions maybe imposed on this award at any time per 2 CFR 200.332(c). 4. Subrecipient’s activities may be continually monitored as necessary to ensure that this award is used for authorized purposes and in compliance with all applicable laws, rules, regulations, polices and guidelines, per 2 CFR200.332(d). B. Monitoring will include Recipient reviewing all financial, performance and/or or cost reports - including all requests for reimbursement (and associated invoices and proof of payment) - submitted by Subrecipient as required in thisMOA. 1. Recipient will also review all other documentation required to be submitted by Subrecipient in this MOA, including equipment lists and inventories, after action reports for exercises, training course rosters and descriptions, all contracts and subcontracts executed by Subrecipient with funds from this award, and all project closeoutdocuments. 2. All documentation required to be retained by Subrecipient in this MOA, including all required Subrecipient file documentation per 2 CFR 200.334, is also subject to review and monitoring by Recipient (see FileRetention). 3. Any/all reports and audits required to be filed under federal and state law as specifiedin State of North Carolina Reporting Requirements and Audit Requirements are also subject to review and monitoring by Recipient. C. Any required documentation, reports or requests for reimbursement submitted late, incompletely, inaccurately and/or with discrepancies may elevate the risk status of Subrecipient and cause additonal monitoring, imposition of additional award conditions, return of funds, negative determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR 200.339 (see Compliance). 1.This includes any/all reports and audits required to be filed under federal and state law as specified in State of North Carolina Reporting Requirements and Audit Requirements. 2. Failure to timely file complete and accurate audits and reports required under federal and state law may subject Subrecipient to additional monitoring and the full range of remedies for noncompliance specified in Compliance. D. Anyfindingsor corrective actions identifiedinSubrecipient auditsspecificallyrelated tothis award may elevate theriskstatusof Subrecipient andcause additonal monitoring,impositionof additional award conditions, return of funds, negative determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR 200.339 (see Compliance). 1. Such audit findings and corrective actions must be appropriately resolved by Subrecipient and are subject to monitoring, follow-up and verification byRecipient. 2. 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 bySubrecipient. E. Depending on the risk, Subrecipient monitoring may include, but is not limited to, the following measures: training and technical assistance, site visits, desk reviews, and audits (in addition to the audits specified in AuditRequirements. Attachment 3 Attachment 4 Required Sub-Recipient File Documentation Sub-grantee or sub-recipient must meet the financial administration requirements in 2 C.F.R Part 200 and must maintain a file for each grant award. The files must be available for review by the North Carolina Division of Emergency Manageme or site visits, project closeout and future audits. Sub-grantee or sub-recipient must include appropriate documentation in the file, including but not limited to the following documents: Grant Award and Memorandum of Agreement/ Memorandum of Understanding and Supporting Appendices Completed appropriate cost report forms with invoices and proof(s) of payment Audit Findings and Corrective Action Plans Equipment Inventory records with photo documentation of labeling Non-Federal entities are required to maintain and retain the following: Backup documentation, such as bids and quotes. Cost/price analyses on file for review by Federal personnel, if applicable. Other documents required by Federal regulations applicable at the time a grant is awarded to a recipient. on-Federal entities maintain the following documentation for federally funded purchases: Specifications Solicitations Competitive quotes or proposals Basis for selection decisions Purchase orders Contracts Invoices Canceled checks Non-Federal entities should keep detailed records of all transactions involving the grant.may at any time request copies of purchasing documentation along with copies of canceled checks for verification. Non-Federal entities who fail to fully document all purchases will find their expenditures questioned and subsequently disallowed. Attachment 5 North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Eddie Buffaloe Jr., Secretary William C. Ray,Director MAILING ADDRESS:OFFICE LOCATION: 4236 Mail Service Center 1636 Gold Star Drive Raleigh, NC 27699-4236 Raleigh, NC 27607 www.ncdps.gov/ncem Telephone: (919) 825-2500 An Equal Opportunity Employer North Carolina Emergency Management Hazardous Materials Grants Overview FY22 Hazardous Materials Emergency Preparedness Program (HMEP) Purpose: The HMEP grant program was established in 1990 by the Hazardous Materials Transportation Uniform Safety Act. In 1993, PHMSA began issuing grants to assist States, Territories, and Native American Tribes to "develop, improve, and carry out emergency plans" within the National Response System and the Emergency Planning and Community Right-To-Know Act of 1986. The HMEP grant program is designed to allow grantees the flexibility to implement training and planning programs that address differing needs for each location based on demographics, emergency response capabilities, commodity flow studies, and hazard analysis. Grant Amount: Variable based on current year USDOT HMEP grant anticipated funds award. Associated Deadlines: October 1, 2021 December 31, 2021 October 1, 2022 September 30, 2023 Application period (90 days): Grant Period of Performance (1 year): U.S. DOT award: September 30, 2022 4. Award letter and MOA distributed to sub-recipients: , 2022 5. Period of Performance Completion Reminder: August 30, 2023 6. Final cost report due: October 30, 2022 Grant Point of Contacts: Mr. Cole Owen, Assistant State Hazardous Materials Manager North Carolina Emergency Management hazmat@ncdps.gov 919-825-2287 ,Grants Management Branch Manager Division of Emergency Management @ncdps.gov 919-825-2332 Eligible Project Activity: 1. Hazardous Materials Transportation Planning a. Transportation Response Plans b. Commodity Flow Studies 2. Hazardous Materials Transportation Training a. Workshops b. Training and exercises c. Specialty transportation training courses i. Chemistry of Hazardous Materials ii. Railcar response courses iii. Tanker response courses iv. Contact NCEM for other suggestions and pre-approvals. 3. Equipment (non-operational only and must be a transportation focus) a. Supplies and equipment for HMEP funded exercises and courses. b. Cannot be used for actual response activities. c. Note that equipment purchases must be pre-approved. d. Food purchases must be pre-approved. Ineligible Project Activities: 1. Joint Terrorism Task Force exercises 2. Tier II Chemical Inventory Reports 3. Fixed facility hazardous materials focused projects 4. Weapons of Mass Destruction training 5. Drug Lab training 6. Active shooter training 7. Equipment for response purposes. 8. Food for activities if not pre-approved. Please contact the Grant Point of Contact for pre-approvals and questions.