HomeMy WebLinkAboutFY25 Emerg Mgmt HMEP, MOA 2460020
Hazardous Materials Emergency Preparedness
(HMEP)
Fiscal Year 2024
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 #: 2460020 Award amount: $20,000.00
Cost center: 102641-0-0-3024-19GC000201 Period of performance: October 1, 2024 to February 28, 2026
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.
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
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
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competencies and/or OSHA 29 CFR 1910.120 regarding training activities. Attachment 5 is an overview of the
2022-2024 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, 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, 2025.
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
SUBRECIPIENT’s RFR is submitted and approved for eligible scope of work activity. Grant funds will be
disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced,
products or services received (i.e., invoices, contracts, itemized expenses, etc.), and proof of payment is provided.
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,
2024 – September 30, 2025. Grant funds will be disbursed upon receipt of evidence that funds have been invoiced,
products or services received, and proof of payment is provided. Any unexpended grant funds remaining after POP
revert to RECIPIENT.
SUBRECIPIENT:
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A. Understands and acknowledges that total funding level available under this MOA will not exceed the awarded
amount $20,000.00. 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 36 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 distribution of funds will be coded to cost center 102641-0000000-0000000-
3024-19GC000201 in the North Carolina Financial System (NCFS). See SUBRECIPIENT paragraph
9.G.
B. Required Documents/Forms. SUBRECIPIENT must submit the following documents to RECIPIENT
(NCEMGrants1@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 (if applicable):
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 (if any exercises are conducted using grant funds under this MOA)
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 (if any training equipment is purchased with grant funds
under this MOA)
vi. Any other documentation that would be pertinent.
vii. All legible and complete invoices and receipts detailing the expenses associated with the project. Receipts
must contain the following information:
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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 (if any exercises are conducted using grant funds under this MOA)
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 (if any training equipment is purchased with grant funds
under this MOA)
v. Any other documentation that would be pertinent
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 2024 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. 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
“Criminal Intelligence Systems Operating Policies”; 49 CFR Part 1520 “Sensitive Security Information”;
Public Law 107-296, The Critical Infrastructure Act of 2002; Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000 et. seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C.
1681 et. seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age
Discrimination Act of 1975, as amended, 20 U.S.C. 6101 et. seq.; Cash Management Improvement Act
(CMIA) and its implementing regulations at 31 CFR Part 205; 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
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regarding debarment, suspension and other responsibility matters; 28 CFR Parts 66, 67, 69, 70 and 83; and
Grant Award and Special Conditions documents.
iv. Mini-Brooks Act. SUBRECIPIENTs that are governmental entities or otherwise subject to the requirements
of the Local Government Commission (LGC) per 20 NCAC 03 are required under North Carolina law to
follow rules and regulations in the “Mini-Brooks Act”, G.S. 143-64.31, for the procurement of certain
professional services performed by architects, engineers, surveyors, and construction managers at risk.
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, copy your assigned Grants Manager at NCEM. 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. RFRs must be
submitted in an unlocked PDF file that does not require a password or any special permissions to open.
H. Funds Management. SUBRECIPIENT agrees that funds paid through this grant shall be accounted for in a
separate fund and accounting structure within SUBRECIPIENT’s central accounting and grant management
system. SUBRECIPIENT agrees to manage all accounts payable disbursements, check register disbursements
and related transactions in a detailed manner that supports fully transparent accounting of all financial
transactions associated with the funding for this grant.
i. Expenditures for travel mileage, meals, lodging and other travel expenses incurred in the performance of
this grant shall be reasonable and supported by documentation. State rates should be used as guidelines.
International travel shall not be eligible under this MOA. Subrecipient must have an acceptable local travel
regulation plan or accept the state travel regulations. Refer to 2 CFR 200.475 for travel costs.
ii. If eligible, SUBRECIPIENT shall: (a) ask the North Carolina Department of Revenue for a refund of all
sales and use taxes paid by them in the performance of this grant, pursuant to N.C.G.S. 105-164.14; and (b)
exclude all refundable sales and use taxes from all reported expenditures.
I. Maintain Required Subrecipient File Documentation as specified in this MOA (Attachment 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
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files must be available for review by NCEM staff and/or USDOT/PHMSA for site visits, project closeout and
audits:
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 $10,000 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 $10,000 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 (hazmat@ncdps.gov) prior to disposing of any equipment purchased with grant funds. Items
with a fair market value of less than $10,000 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 $10,000 may not be retained, transferred, or otherwise disposed of without prior
NCEM approval in accordance with disposition requirements in 2 CFR 200.313. SUBRECIPIENT must
provide documentation that includes the method used to determine current fair market value.
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.
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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
SUBRECIPIENT’s policy addressing conflicts of interest that may arise involving SUBRECIPIENT’s
management employees and the members of its board of directors or other governing body. The policy shall
address situations in which any of these individuals may directly or indirectly benefit, except as
SUBRECIPIENT’s employees or members of its board or other governing body, from RECIPIENT’s
disbursing of grant funds, and shall include actions to be taken by SUBRECIPIENT or the individual, or
both, to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before
RECIPIENT may disburse any grant funds.
ii. Federal Law – Grant Administration. Per 2 CFR 200.112, 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.
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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.
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
entity’s fiscal year. Government entities including counties and local governments are not required to file
these reports.
Refer to “State Grant Compliance Reporting Forms” on the following website for instructions and applicable forms
for nongovernmental subrecipients (including non-profit organizations) to meet these requirements:
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 $1,000,000 or more in funding from all federal funding
sources, even those passed through a state agency, must have a single audit conducted in accordance with 2 CFR
200.514 and GAGAS within 9 months of the subrecipient’s fiscal year end. 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.
D. 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 $1,000,000 or more in North Carolina state funding or federal funding
passed through a state agency must within 9 months of the non-state entity’s fiscal year end submit to DPS
Internal Audit (DPS_GrantComplianceReports@ncdps.gov) a single audit prepared and completed in
accordance with Generally Accepted Government Auditing Standards (GAGAS):
https://www.gao.gov/yellowbook.
Docusign Envelope ID: EAFF8665-B880-49C5-9DE3-167808852FC0
HMEP MOA 2024 9 of 13
If SUBRECIPIENT is a unit of local government in North Carolina, SUBRECIPIENT may be subject to the
audit and reporting requirements in N.C.G.S. 159-34, Local Government Finance Act – Annual Independent
Audit, rules and regulations. Such audit and reporting requirements may vary depending upon the amount and
source of grant funding received by the SUBRECIPIENT and are subject to change (see Local Government
Commission for more information). See also 20 NCAC 03 (Local Government Commission).
The different audit requirements for non-governmental and governmental entities are summarized on the
NCEM Grants Management & Compliance website.
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
Preparedness Grants Management Branch, the NCEM Regional Branch Office, 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 suc h 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
Docusign Envelope ID: EAFF8665-B880-49C5-9DE3-167808852FC0
HMEP MOA 2024 10 of 13
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.
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,
the People’s Republic of China.
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-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.
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.
Docusign Envelope ID: EAFF8665-B880-49C5-9DE3-167808852FC0
HMEP MOA 2024 11 of 13
SUBRECIPIENT and its contractors may not conduct political lobbying, as defined in the statutes, regulations, and
2 CFR 200.450– “Lobbying,” within the Federally-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, U.S. Department of Transportation “New Restrictions on Lobbying.”
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, “Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964”.
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 (Subrecipient Other Than Individuals)
SUBRECIPIENT must comply with the provisions of Public Law 100-690, Title V, Subtitle D, “Drug-Free
Workplace Act of 1988,” which require SUBRECIPIENT to take steps to provide a drug-free workplace.
SUBRECIPIENT must comply with 49 CFR 32 “Government-wide Requirements for Drug Free Workplace
(Financial Assistance)” which is incorporated by reference into this award.
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, 2024 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
the form may not directly apply to SUBRECIPIENT’s specific program to ensure that all possible situations are
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.
Docusign Envelope ID: EAFF8665-B880-49C5-9DE3-167808852FC0
HMEP MOA 2024 12 of 13
34. Modification
This MOA may be amended only by written amendments duly executed by the RECIPIENT and the
SUBRECIPIENT.
35. Termination
The terms of this MOA, as modified with the consent of all parties, will remain in effect until 9/30/2025. 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 10/01/2024 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
Docusign Envelope ID: EAFF8665-B880-49C5-9DE3-167808852FC0
HMEP MOA 2024 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: __________________
Docusign Envelope ID: EAFF8665-B880-49C5-9DE3-167808852FC0
3/25/2025 | 11:52:32 EDT
3/26/2025 | 12:32:52 EDT
3/26/2025 | 14:35:02 EDT
3/26/2025 | 15:16:48 EDT
3/26/2025 | 17:20:19 EDT
Attachment 1
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
AMENDMENT
Attached application requests a total of $30,000 funding with $5,000 planning and $25,000
training.
Your actual award is as follows:
Planning: $5,000
Training: $15,000
Total Award: $20,000
This award is for $5,000 planning costs, and $15,000 for training costs.
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
Street:
Zip Code:
Point of Contact
Name:
Email: Phone:
Yes No
Legal name:
2024 NCEM Hazardous Materials Emergency Program (HMEP) Application
To submit this application, rename the file to this format: [county/agency] "2024 HMEP Grant Application"
and forward to hazmat@ncdps.gov.
Organization
Title:
Description:
Project Information
SAM Expiration date:
Title:
City:
FEIN:
UEID:
SAM registered:
Scope:
Request RRT
participation:
State Local Joint/regional
Yes No
Will the funds awarded under this grant be used by your county’s or region’s LEPC for the purposes of hazardous
materials emergency response planning, training and exercises?:Yes No
North Carolina Department of Public Safety
Division of Emergency Management (NCEM)
1 2024 HMEP application v0.4
New Hanover County Emergency Management
203 Government Center Drive, Suite 115
Wilmington 28403
56-60000324
F7TLT2GMEJE1
04/11/2024
Jason Fuller Senior EM Specialist
jfuller@nhcgov.com 910-380-5785
Annual Local Emergency Planning Conference
A multi-day conference showcasing a large number of speakers from
various aspects of planning for, responding to, and mitigating the potential
impacts associated with incidents that relate to hazardous chemicals or
materials. This conference will be larger than the 01/2024 conference
hosted in New Hanover County and will appeal to a more diverse group.
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
Planning/Training Costs
Category Total Cost
Funding Summary
Additional Information
Category Total Cost
Planning
Training
Total
Acknowledge the following statements (check all four, or application will be considered incomplete):
This application includes complete and accurate information.
Any changes made to this grant application after the submission deadline must be approved by the
NCEM Grants Manager, and an updated application must be submitted.
Submission of the project proposal does not guarantee funding.
Any person who knowingly makes a false claim or statement in connection with this application may be subject to civil or criminal penalties under 18 U.S.C. section 287, 18 U.S.C. section 1001, 31 U.S.C. section 3729 and N.C.G.S sections 1-605 through 618 (North Carolina False Claims Act).
North Carolina Department of Public Safety
Division of Emergency Management (NCEM)
2 2024 HMEP application v0.4
Planning Mailers, printed materials, supplies, name tags, registration documentation 5,000.00
Training Learning materials and guidebooks for participants 2,000.00
Training Conference Costs (Speakers, facility, food, etc)23,000.00
5,000.00
25,000.00
30,000.00
This funding would be utilized to provide a large conference available to the region.
Specifically targeting members of the first response, emergency management, and hazardous
chemical/material communities, the idea would be to have a couple of educational tracts to
choose from. Currently planned educational topics would include the safe transportation and
storage of hazardous materials, exercises related to hazardous material incidents, the latest
technology related to hazardous materials, and reporting requirements.
Any additional costs would be offset or defrayed by vendors that we would seek to have at the
conference as well. Ideally, participants will be given a bundle including fliers and other
educational materials to take home with them at the conclusion of the conference. The
planning of this event will start in January 2024, following the conclusion of the already
planned conference. Planning will be completed by a committee formed within the New
Hanover County LEPC.
4
4
4
4
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
AMENDMENT
Attached application requests a total of $30,000 funding with $5,000 planning and $25,000
training.
Your actual award is as follows:
Planning: $5,000
Training: $15,000
Total Award: $20,000
This award is for $5,000 planning costs, and $15,000 for training costs.
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
Street:
Zip Code:
Point of Contact
Name:
Email: Phone:
Yes No
Legal name:
2024 NCEM Hazardous Materials Emergency Program (HMEP) Application
To submit this application, rename the file to this format: [county/agency] "2024 HMEP Grant Application"
and forward to hazmat@ncdps.gov.
Organization
Title:
Description:
Project Information
SAM Expiration date:
Title:
City:
FEIN:
UEID:
SAM registered:
Scope:
Request RRT
participation:
State Local Joint/regional
Yes No
Will the funds awarded under this grant be used by your county’s or region’s LEPC for the purposes of hazardous
materials emergency response planning, training and exercises?:Yes No
North Carolina Department of Public Safety
Division of Emergency Management (NCEM)
1 2024 HMEP application v0.4
New Hanover County Emergency Management
203 Government Center Drive, Suite 115
Wilmington 28403
56-60000324
F7TLT2GMEJE1
04/11/2024
Jason Fuller Senior EM Specialist
jfuller@nhcgov.com 910-380-5785
Annual Local Emergency Planning Conference
A multi-day conference showcasing a large number of speakers from
various aspects of planning for, responding to, and mitigating the potential
impacts associated with incidents that relate to hazardous chemicals or
materials. This conference will be larger than the 01/2024 conference
hosted in New Hanover County and will appeal to a more diverse group.
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
Planning/Training Costs
Category Total Cost
Funding Summary
Additional Information
Category Total Cost
Planning
Training
Total
Acknowledge the following statements (check all four, or application will be considered incomplete):
This application includes complete and accurate information.
Any changes made to this grant application after the submission deadline must be approved by the
NCEM Grants Manager, and an updated application must be submitted.
Submission of the project proposal does not guarantee funding.
Any person who knowingly makes a false claim or statement in connection with this application may be subject to civil or criminal penalties under 18 U.S.C. section 287, 18 U.S.C. section 1001, 31 U.S.C. section 3729 and N.C.G.S sections 1-605 through 618 (North Carolina False Claims Act).
North Carolina Department of Public Safety
Division of Emergency Management (NCEM)
2 2024 HMEP application v0.4
Planning Mailers, printed materials, supplies, name tags, registration documentation 5,000.00
Training Learning materials and guidebooks for participants 2,000.00
Training Conference Costs (Speakers, facility, food, etc)23,000.00
5,000.00
25,000.00
30,000.00
This funding would be utilized to provide a large conference available to the region.
Specifically targeting members of the first response, emergency management, and hazardous
chemical/material communities, the idea would be to have a couple of educational tracts to
choose from. Currently planned educational topics would include the safe transportation and
storage of hazardous materials, exercises related to hazardous material incidents, the latest
technology related to hazardous materials, and reporting requirements.
Any additional costs would be offset or defrayed by vendors that we would seek to have at the
conference as well. Ideally, participants will be given a bundle including fliers and other
educational materials to take home with them at the conclusion of the conference. The
planning of this event will start in January 2024, following the conclusion of the already
planned conference. Planning will be completed by a committee formed within the New
Hanover County LEPC.
4
4
4
4
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
Attachment 2
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
Subrecipient Monitoring
Subrecipient is subject to monitoring by Recipient in accordance with the provisions of 2 CFR 200.332.
A.Recipient may assess Subrecipient’s risk of noncompliance with applicable laws, rules, regulations,
policies and guidelines, and with the terms and conditions of this award, per 2 CFR 200.332(b).
1.This includes the application and award process when Subrecipient was selected to receive
this award, and it continues throughout the life of the award, such as ensuring Subrecipient
remains eligible to receive funding as specified in Funding Eligibility Criteria.
2.Subrecipient’s prior experience with other grant awards by/through Recipient may also be
included in the risk assessment.
3. Depending on the risk, additional conditions may be imposed on this award at any time per
2 CFR 200.332(c).
4.Subrecipient’s activities may be continually monitored as necessary to ensure that this
award is used for authorized purposes and in compliance with all applicable laws, rules,
regulations, polices and guidelines, per 2 CFR 200.332(d).
B.Monitoring will include Recipient reviewing all financial, performance and/or or cost reports -
including all requests for reimbursement (and associated invoices and proof of payment) -
submitted by Subrecipient as required in this MOA.
1.Recipient will also review all other documentation required to be submitted by
Subrecipient in this MOA, including equipment lists and inventories, after action reports
for exercises, training course rosters and descriptions, all contracts and subcontracts
executed by Subrecipient with funds from this award, and all project closeout documents.
2.All documentation required to be retained by Subrecipient in this MOA, including all
required Subrecipient file documentation per 2 CFR 200.334, is also subject to review and
monitoring by Recipient (see File Retention).
3.Any/all reports and audits required to be filed under federal and state law as specified in
State of North Carolina Reporting Requirements and Audit Requirements are
also subject to review and monitoring by Recipient.
C.Any required documentation, reports or requests for reimbursement submitted late, incompletely,
inaccurately and/or with discrepancies may elevate the risk status of Subrecipient and cause
additonal monitoring, imposition of additional award conditions, return of funds, negative
determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR
200.339 (see Compliance).
1.This includes any/all reports and audits required to be filed under federal and state law as
specified in State of North Carolina Reporting Requirements and Audit
Requirements.
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. Any findings or corrective actions identified in Subrecipient audits specifically related to this award
may elevate the risk status of Subrecipient and cause additonal monitoring, imposition of additional
award conditions, return of funds, negative determinations for future awards, and/or any other
remedy for noncompliance specified in 2 CFR 200.339 (see Compliance).
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
1. Such audit findings and corrective actions must be appropriately resolved by
Subrecipient and are subject to monitoring, follow-up and verification by Recipient.
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 by Subrecipient.
E. Depending on the risk, Subrecipient monitoring may include, but is not limited to, the following
measures: training and technical assistance, site visits, desk reviews, and audits (in addition to the
audits specified in Audit Requirements.
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
Attachment 3
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
OMB Approval No. 0348-0040
ASSURANCES - NON-CONSTRUCTION PROGRAMS
NOTE:
As the duly authorized representative of the applicant, I certify that the applicant:
Previous Edition Usable Standard Form 424B (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C.§§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally-assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
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Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
Standard Form 424B (Rev. 7-97) Back
Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C.§§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally-assisted
construction subagreements.
Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
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Attachment 2
Attachment 4
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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 Management for 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:
Training records and After-Action Reports (AAR) for Exercises
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.
Non-Federal entities must 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. NCEM 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.
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
Attachment 2
Attachment 5
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566
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
FY24 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:
1.Application period (90 days):
2.Grant Period of Performance (1 year):
3.U.S. DOT award:
October 1, 2023 – December 31, 2023
October 1, 2024 – October 31, 2025
September 30, 2024
4. Award letter and MOA distributed: October 31, 2024
5.Period of Performance Completion Reminder:
6.Final cost report due: November 30, 2025
August 30, 2025
Grant Point of Contacts:
Mr. Cole Owen, State Hazardous Materials Coordinator
North Carolina Emergency Management
hazmat@ncdps.gov
919-825-2287
Ms. Lisa St.Clair Patton, Senior Grant Manager
Division of Emergency Management
Lisa.Patton@ncdps.gov
984-304-4893
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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.
Docusign Envelope ID: 69AD4E94-083E-4AD7-9D09-EC7633FD0566