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HomeMy WebLinkAbout2011-327 EMS - NC Division of Emergency Mangement for Table top Exercises $5,000STATE OF NORTH CAROLINA DEPARTMENT OF. CRIME CONTROL AND PUBLIC SAFETY Division of Emergency Management •" Physical Address: 116 West Jones Street, Raleigh, NC 27603 -1135. Mailing Address: 4713 Mail Service Center, Raleigh, NC 27699-4713 "EM COST REPORT 1- FISCAL YEAR.2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT Grantee: ORANGE COUNTY EMERGENCY SERVICES Address: 510 MEADOWLANDS DRIVE HILLSBOROUGH NC 27278 - Federal ID No.: 56- 6000327 -A Account No.: 4701- 53692000011- 1510512 Grant Period: 10/01/10 - 09/30/12 Project: Grant File No: Funding Local Match EMPG u,- Al • r`.Pntral h1V1r%J- 6V11 -J11JJ 2011 EMPG Initial Amount. Universal Amount (Base Amount) Optional Amount SATCOM Deductions Balance to be Paid $35,000.00 $35,000.00 TBD TBD $ 0 $35,000.00 $35,000.00 TBD TBD $ 0 $70,000.00 $70,000.00 TBD TBD $ 0 -J This is the first of two Cost Reports. This Initial Cost Report reflects the Universal (Base) Amount that your county Is eligible to receive provided all Univeral activities are completed, and documentation is approved by the State before the designated deadline. This Cost Report require appropriate signatures and return to the state for payment of eligible EMPG work activities completed to date. The second Cost Report will reflect completed and approved Optional work activity amounts by your Emergency Management program. SATCOM Deductions and a Balance to be Paid will also be reflected in Cost Report 2 to give you a total 2011 EMPG Final Amount award for your county. Please note that failure to complete any Universal activity will result in a 10% penalty per activity to be assessed against your 2012 EMPG funds. Certification: I certify the above are correct, based on grantee's official accounting system and records, consistently applied and maintained, and that expenditures shown have been made for the purpose of and in accordance with, applicable grant terms and conditions, and that appropriate documentation to support these costs and expenditures is available or attached. dalwu .- Orange CQUNTY Financg ORANGE Authorized Signature (0 -tq -l� Date Date Division of Emergency Management Deputy Director's Approval Signature Date Department of Crime Control and Public Safety Controller's Office Approval Date 2011 Cost Report Printed: 8/4/2011 9:51:16 AM North Carolina Department of Crime Control and Public Safety Division of Emergency Management Beverly Eaves Perdue, Governor H. Douglas Hoell, Jr., Director Reuben F. Young, Secretary 2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) GRANT AWARD AND MEMORANDUM OF AGREEMENT Grantee: ORANGE COUNTY EMERGENCY SERVICES Federal ID Number: 56- 6000327 -A 2011 Federal /State EMPG Base Amount: $35,000.00 Account 1510 - 512 -2011, 50% Federal Funds Date of Award: See Page 8 - Effective Date 2011 Federal /State EMPG Optional Amount: TBD SATCOM Deductions: TBD Total 2011 EMPG Grant Amount: TRD This Memorandum of Agreement (MOA) is hereby made between North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, hereinafter referred to as Grantor, and the: ORANGE COUNTY EMERGENCY SERVICES 510 MEADOWLANDS DRIVE HILLSBOROUGH NC 27278 - hereafter referred to as the Grantee. 1. Authority. This Agreement is authorized under the provisions of: 1) Public Law 111- 83, The Department of Homeland Security Appropriations Act, 2010, as extended by Public Law 112 -10, The Department of Defense and Full -Year Continuing Appropriations Act, 2011, as amended; 2) Public Law 110 -53, The 9/11 Commission Act of 2007; 3) Public Law 107 -56, (6 U.S:C. § 101 et seq.), the USA Patriot Act of 2001; 4) Public Law 107 -296, the Homeland Security Act of 2002,16 U.S.C. 101 et. seq.; 5) Public Law 109 -295, The Post - Katrina Emergency Management Reform Act of 2006, 6 U.S.C. 752(c); 6) Public Law 109 -171, The Deficit Reduction Act of 2005, as amended by Public Law 110 -53; 7) Public Law 109 -459, the Call Home Act of 2006; 8) Public Law 93 -288, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 - 5207); 9) the implementing recommendations or regulations of each Act or Law, if any; 10) the U.S. Department of Homeland Security, Federal. Emergency Management Agency (FEMA), FY 2011 Emergency Management Performance Grant Program Guidance and Application Kit available at http: / /www. fema .gov /government/grant/empg /; 11) applicable Grants Programs Directorate (GPD) Information Bulletins available at: hftp://www.fema-gov/qovernment/grant/bulletins/index.shtm ; and 12) the N.C. Emergency Management Act, Chapter 166A of the North Carolina General Statutes. 2011 Annual Grant Award Page 1 of 10 Mail: Location: 4713 Mail Service Center "" 116 W. Jones St., Ste. G120 Raleigh, e: 19-73 -3825 `Y Raleigh, NC 27603 -1135 Telephone: 919- 733 -3825 `�_�'rrea/ Fax: 919- 733 -5406 www.NCCnmeControl.orn A Na6onallyAccredited Agency An Equal Opportunity /Affirmative Action Employer 2. Purpose. The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and procedures to implement the terms of the U.S. Department of Homeland Security, Federal Emergency Management Agency, Fiscal Year (FY) 2011 Emergency Management Performance Grant Program. A copy of the complete federal grant instructions is available at http•//www fema aov /government /grant /em� This Agreement is to set forth terms by which the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management (Grantor), shall provide Emergency Management Performance Grant (EMPG) Program funding to the County of Orange (Grantee) to complete all Universal and up to six Optional work activities as identified in the 2011 EMPG Activity Directory which is a part of the 2011 EMPG application packet, incorporated by reference herein. In accordance with the provisions of FY 2011 Emergency Management Performance Grant Program, the North Carolina Division of Emergency Management hereby awards to the foregoing Grantee a grant in the amount shown above. The CFDA number is 97.042, and the Emergency Management Performance Grants (EMPG) — Region IV funding opportunity number is DHS- 11 -GPD- 042 - 004 -01. 3. Scope of Services to be rendered. The purpose of the FY 2011 EMPG is to assist state and local governments in enhancing and sustaining all- hazards emergency management capabilities. 4. Compensation. Grantor agrees that it will pay the Grantee as complete and total compensation for the services to be rendered by the Grantee. Payment to the Grantee for expenditures under this Agreement will be reimbursed after the Grantee's cost report is submitted and approved for eligible work. The original signed copy of this Award and MOA must be signed by the Official(s) authorized to sign below and returned to the North Carolina Division of Emergency Management no later than November 1, 2011. The grant shall be effective upon return of the executed Grant Award and Memorandum of Agreement and final approval by the North Carolina Division of Emergency Management of the grant budget and program narrative. Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and /or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.) and /or that all Universal work activities and up to six Optional work activities are completed. Grantee will perform all Universal work activities and up to six Optional work activities identified in the 2011 EMPG Activity Directory which is a part of the 2011 EMPG application packet, incorporated by reference herein. 5. FUNDING ELIGIBILTY CRITERIA: ■ Federal funds administered through the State are available to local governments to assist in the cost of developing and maintaining a "Comprehensive Emergency Management" program. Continued EMPG funding is contingent upon completion of all EMPG funding requirements. The following eligibility criteria must be adhered to during FY 2011 for EMPG funds. Every participant must be established as an Emergency Management agency by appropriate county resolution/ ordinance; The county must have a full -time or part-time (at least 50 %) Emergency Management Program Director; Match Requirement: FY 2011 EMPG funding to locals requires a match requirement of 50% Local (Grantee). Every federal dollar received requires the Grantee to match dollar for dollar. There are two forms of matching sources. One, cash match, includes cash spent for project - related costs, e.g. salaries of emergency management positions. Two, in -kind match, includes, but is not limited to, the valuation of in -kind services. "In- kind" is the value of something received or provided that does not have a cost associated with it. For example, if in -kind match is permitted by law, then the value of donated services could be used to comply with the match requirement. The match funding source for EMPG cannot be matched to any other federal grants. The Grantee will identify to the Grantor the match source on EM Form 66. Recipients of EMPG funding can review the 2011 EMPG Guidance and Application Kit, paragraph E, Funding Restrictions for additional guidance. The file guidance is available at httb://www.fema.gov/qovernment/grant/index.shtm or htLp://www.fema.gov/qovernment/grant/empq/. Contact your NC Emergency Management Area Coordinator or Multi- Hazard Planner for assistance. Complete any procurement(s) and expenditures no later than September 30, 2012. 2011 Annual Grant Award Page 2 of 10 ■ Provide quarterly progress reports to the NCEM Branch office personnel using the latest EMPG Quarterly Report form by the following dates: 31 December, 31 March, 30 June and 30 September. ■ File Retention: Grantee is required to maintain records and (invoices) of this grant for five (5) years after termination of the grant, or audit if required, or longer where required by law, as outlined in Attachment A; attached and incorporated by reference. However, if litigation, claim or audit has been initiated prior to the expiration of the five -year period and extends beyond the five -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. ■ Employees must be covered by an approved Pay Plan. However, the Director may be exempt from this requirement; ■ The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations. 6. Conditions: The County of Orange certifies that it understands and agrees that funds will only be expended for those projects outlined in the funding amounts as individually listed in the 2011 EMPG Application Packet, incorporated by reference herein. The County of Orange also certifies that it understands and agrees to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the applicable laws, rules and policies governing these funds; that all information is correct; that there has been appropriate coordination with affected agencies; that it is duly authorized to commit the Grantee to these requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by the Grantee; and that all agencies involved with this project understand that all federal funds are limited to a 24 -month period. 7. Supplantation: Grantees are required to provide assurance that grant funds will not be. used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, the County of Orange certifies that the receipt of federal funds through the North Carolina Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. 8. Compliance. Grantee shall comply with the applicable statutes, ordinances, regulations, licensing requirements, policies, guidelines and requirements, reporting requirements and certifications and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of federal requirements and State and local agencies having appropriate jurisdiction and found in the applicable FY11 EMPG Program Guidance and Application Kit. Grantee shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Failure to comply with the specified conditions will result in the return of this grant award to the North Carolina Division of Emergency Management. 9. Responsibilities: The State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management (Grantor) shall: (1) Provide funding to the County of Orange to perform the work activities as described herein. (2) Conduct a review of the project to ensure that it is in accordance with FY 2011 EMPG Program requirements. (3) The performance period for the award to the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management, ends on September 30, 2012. Funds allocated for the performance of the work activities must be encumbered and invoices received by the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management (Grantee), by September 30, 2012. (4) Directly monitor the completion of this project. b. The County of Orange (Grantee) shall: (1) Expend FY 2011 Emergency Management Performance Grant Program funds in accordance with the applicable EMPG and USDHS Program Guidance and Application Kit(s), the Grant Application Package, and the Grant Award and Special Conditions documents, incorporated by reference herein, of this MOA for the performance of the work activities. 2011 Annual Grant Award Page 3 of 10 (2) 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 the Procurement Standards Sections of 44 Code of Federal Regulations (CFR) Part 13 and 2 CFR Part 215. Grantee must follow procurement procedures and policies as outlined in the applicable EMPG and USDHS Program Guidelines and Application Kits and the EMPG and USDHS Financial Management Guide. Grantee shall comply with all applicable laws, regulations and program guidance. Grantee must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. Administrative and procurement practices must conform to applicable federal requirements. A non - exclusive list of regulations commonly applicable to DHS grants are listed below, codified in the following guidance: 44 CFR Part 13; 2 CFR 215; 2 CFR Parts 225, 220, and 230 (formerly OMB Circulars A -87, A21 and A -122); 15 CFR Part 24; Federal Acquisition Regulations (FAR), Part 31.2; and OMB Circular A -133 "Audits of States, Local Governments, and Non - Profit Organizations" and 44 CFR Part 14; 28 CFR Part 23 "Criminal Intelligence Systems Operating Policies "; 49 CFR Part 1520 "Sensitive Security Information "; Public Law 107 -296, The Critical Infrastructure Act of 2002; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et. seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et. seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20 U.S.C. 6101 et. seq.; Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205; FEMA Grant Programs Directorate, Grants Management Division, Match Guidance; Certifications and Assurances regarding Lobbying 31 U.S.C. 1352, Drug -Free Workplace Act, as amended, 41 U.S.C. 701 et. seq. and Certification Regarding Drug -Free Workplace Requirements, Debarment and Suspension Executive Orders 12549 and 12689 and 44 CFR Part 17 and Certification Regarding Debarment, Suspension and Other Responsibility Matters; Assurances as listed in SF 424B and SF 424D, 28 CFR Parts 66, 67, 69, 70 and 83; and Grant Award and Special Conditions documents. (3) Submit invoice(s) requesting reimbursement to the Mr. Eric Kaiser, NCEM Division Accountant. Grantor will reimburse Grantee for eligible costs as outlined in the applicable USDHS Program Guidelines and Application Kits. Grantee must take possession of all purchased equipment, receive any grant - eligible service and complete Universal and up to six Optional work activities prior to J seeking reimbursement from the Grantor. (4) Complete the procurement(s) process not later than September 30, 2012. (5) Provide quarterly progress reports to the Area Coordinator and /or Branch Office by the following dates: 31 December, 31 March, 30 June and 30 September. (6) Provide a list at project completion phase to the Area Coordinator and /or Branch Office listing all items completed through the grant. (7) Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable EMPG Program Guidelines and Application Kits and Grant Award and Special Conditions documents. (8) Maintain grant management filing system as required in Attachment A. (9) Comply with current federal suspension and debarment regulations pursuant to OMB Circular A -133 which states in pertinent part that "effective November 26, 2003, 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. Grantee shall be responsible to ensure that it has checked the federal Excluded Parties List System (EPLS) to verify that contractors or sub - grantees have not been suspended or debarred from doing business with the federal government'. (10)Ensure that FY 2011 EMPG funds are not used to support the hiring of any personnel for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities. 2011 Annual Grant Award Page 4 of 10 (11)Non- supplanting Requirement. Federal grant funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. (12)AII materials publicizing or resulting from award activities shall contain this acknowledgement: "This project was supported by a Federal award from the U.S. Department of Homeland Security Office of Grants and Training and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management." Use of the federal program logo must be approved by DHS. Printed as a legend, either below or beside the logo shall be the words "900 percent Funded by U.S. Department of Homeland Security." (13)Grantee shall complete all Universal and up to six Optional work activities as identified in the 2011 EMPG Activity Directory which is a part of the 2011 EMPG application packet, incorporated by reference herein. The purchase or acquisition of any additional materials, equipment, accessories or supplies or completion of any work activities beyond those identified in this MOA shall be the sole responsibility of Grantee and shall not be reimbursed under this MOA. Grantee shall prominently mark any equipment purchased with grant funding as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." (14)Grantee shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of any equipment procured pursuant to this Agreement. (15)Grantee shall maintain an effective property management system that complies with the following requirements. 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. Grantee 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 Grantor. a) Grantor and Grantee shall take an initial physical inventory of any equipment. The Grant Summary, Cost Reports with backup documentation, Certificate of Title, and any other Grantee 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. The County of Orange must provide quarterly updates until all funds are expended b) Grantee must ensure a control system exists to ensure adequate safeguards to prevent loss, damage or theft. Grantee 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. C) Grantee must ensure adequate maintenance procedures exist to keep the equipment in good condition. d) Disposition Procedures. Grantee 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. Items with a fair market value of less than $5,000 may be retained, transferred or otherwise disposed of with prior approval of Grantor and in accordance with disposition requirements in 44 C.F.R. Part 13. 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 Grantor approval in accordance with disposition requirements in 44 C.F.R. Part 13. Grantee must provide documentation that includes the method used to determine current fair market value. (16)No indirect or administrative costs will be charged to this allocation award. 2011 Annual Grant Award Page 5 of 10 (17)The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, exercise or work activities beyond that identified in this MOA shall be the sole responsibility of Grantee and shall not be reimbursed under this MOA. 10. Funding. All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from DHS, FEMA, EM for the purpose set forth and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) FY 2011 Emergency Management Performance Grant Program Guidelines and Application Kit, incorporated by reference herein, and available at: http://www.fema.govLgovernment/grant/empgZ, 44 C.F.R. Part13, 2 CFR Parts 215, 220, and 230, Federal Acquisition Regulations (FAR) Part 31.2, OMB Circulars A -21, A -87, A -122 and A -133 and the U.S. DHS Financial Management Guide available at http://www.dhs.qov/xlibrary/assets/Grants FinancialManaaementGuide.pdf. 11. Taxes. Grantee shall be considered to be an independent grantee and as such shall be responsible for all taxes. 12. Warranty. As an independent Grantee, the Grantee will hold the Grantor harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 13. State Property. Grantee shall be responsible for the custody and care of any property purchased with FY 2011 Emergency Management Performance Grant (EMPG) funds furnished for use in connection with the performance of this Agreement and shall reimburse the Grantor for any loss or damage to said property until the property is disposed of in accordance with FY 2011 EMPG Program requirements. Grantor will not be held responsible for any property purchased under this MOU /MOA. Title to the property purchased with FY 2011 EMPG funds shall be in the Grantee. 14. Points of Contact. To provide consistent and effective communication between the County of Orange and the Department of Crime Control and Public Safety, Division of Emergency Management, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The Department of Crime Control and Public Safety Division of Emergency Management contact shall be Elaine Wathen, Assistant Director, Information and Planning Chief. The County of Orange contacts shall be [Name], [Title], and [Name], [Title]. 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: (i) as of the date of disclosure and/or delivery, is already known to the party receiving such information; (ii) is or becomes part of the public domain, through no fault of the receiving party; (iii) is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence; or (iv) is independently developed at the receiving party by someone not privy to the confidential information. 2011 Annual Grant Award Page 6 of 10 Subcontracting. If Grantee subcontracts any or all purchases or services required under this Agreement, then Grantee agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Grantee and any subcontractor agree to include in the subcontract that the subcontractor shall hold Grantor harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Grantee subcontracts any or all purchases or services required under this MOA, a copy of the executed subcontract Agreement must be forwarded to Grantor. A contractual arrangement shall in no way relieve Grantee of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. Grantee is bound by all special conditions of this grant award as set out in the Grant Application Package and the Grant Award and Special Conditions documents, incorporated by reference herein, as well as all terms, conditions and restrictions of the applicable Emergency Management Performance Grant Program Guidelines and Application Kits referenced herein. 15. Situs. This Agreement 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. 16. Antitrust Laws. This Agreement is entered into in compliance with all State and Federal antitrust laws. 17. Other Provisions /Severability. Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management, or the County of Orange. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 18. Entire Agreement. This Agreement 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. 19. Modification. This Agreement may be amended only by written amendments duly executed by the Grantor and the Grantee. 20. Termination. The terms of this agreement, as modified with the consent of all parties, will remain in effect until September 30, 2012. Either party upon thirty (30) days advance written notice to the other party may terminate this agreement. Upon approval by USDHS, FEMA and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension will be the date listed in the applicable USDHS, FEMA Grant Adjustment Notice, incorporated by reference herein. If DHS suspends or terminates funding in accordance with 44 C.F.R. §13.43 and the FY 2011 Emergency Management Performance Grant Program Guidelines and Application Kit, incorporated by reference herein, the County of Orange shall reimburse the Division of Emergency Management for said property. 21. Execution and Effective Date This grant shall become effective upon return of this original Grant Award and Memorandum of Agreement and cost report, properly executed on behalf of the Grantee, to the Division of Emergency Management and will become binding upon execution of all parties to the Agreement. The terms of this Agreement will become effective on October 1, 2010. The last signature shall be that of Mr. Gerald A. Rudisill, Jr., Chief Deputy Secretary, Department of Crime Control and Public Safety. 22. Term of this Agreement. This agreement shall be in effect from October 1, 2010 to September 30, 2012. 2011 Annual Grant Award Page 7 of 10 IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this Agreement will be effective as of October 1, 2010. Accepted for the Grantee k W Olt A-v ri Print Name Title ( 6 - Z 7- it Date County of Orange Accepted for the Grantor H. Douglas Hoell, Jr., Director North Carolina Division of Emergency Management Date Gerald A. Rudisill, Jr., Chief Deputy Secretary Department of Crime Control and Public Safety Date Marvin L. Mervin, Controller Department of Crime Control and Public Safety Date M Casandra G. White, General Counsel C! Reviewed For The Department Of Crime Control And Public Safety, By Casandra G. White, CCPS General Counsel, to fulfill the purposes of the US Department of Homeland Security Grant Programs 2011 Annual Grant Award Page 8 of 10 THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM ONLY AND IS SUBJECT TO EXECUTION BY GERALD A. RUDISILL, JR., CHIEF DEPUTY SECRETARY OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY. THIS MOU /MOA SHOULD NOT BE USED FOR OTHER MOUs /MOAs FOR THE EMPG OR STATE HOMELAND SECURITY GRANT PROGRAMS FOR OTHER FISCAL YEARS. 2011 Annual Grant Award Page 9 of 10 ATTACHMENT A Required Grantee File Documentation Grantee must meet the financial administration requirements in 44 CFR Part 13 and must maintain a file for each homeland security grant award. The files must be available for review by the North Carolina Division of Emergency Management Staff for site visits, project closeout and future audits. Grantee 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 Audit Findings and Corrective Action Plans 2011 Annual Grant Award Page 10 of 10