HomeMy WebLinkAbout2015-620-E ES - State of NC - MOA in conjunction with NC Local Government Application for FFY 2016 EMPG Funding DocuSign Envelope ID: 70CDE96F-6D51-4BD6-93A5-3B3A2D3438CD
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Pat M Crow, ar «vem r Nfichael.A Spraybem"..,Director
Frank-L. Perry, Secretary
Emergency Management Performance Grant Program "EMPG"
CFDA#: 97.042
Fiscal Year 2015
Grant Award#: EMW-2015-EP-00011-SO 1
MEMORANDUM OF AGREEMENT (MOA)
Between
Recipient: Sub-Recipient:
State of North Carolina Department of Public Safety Orange County Emergency Services
Emergency Management Tax ID/EIN #:
DUNS#: 091575191
MOA # 15068 MOA Amount: $35,000.00
DPS Fund Code: 1500-8016-35HD MOA Period of Performance 10/01/2014 to 09/30/2016
1. Purpose
The purpose of this Memorandum of Agreement(MOA) is to establish responsibilities and procedures
to implement the terms of the US Department of Homeland Security (USDHS) EMPG Grant Program.
A copy of the complete federal grant instructions is available at www.fema.gov.
This Agreement is to set forth terms by which the State of North Carolina, Department of Public Safety,
North Carolina Emergency Management(Recipient), shall provide EMPG funding to the Sub-Recipient
to fund projects related to Emergency Management Planning, Operations, Equipment Purchases,
Trainings and Exercises. For more detailed description of the project approved for MOA# 15068 please
refer to the approved FY 2015 EMPG application.
2. Program Authorization and Regulations
This Agreement is authorized under the provisions of: 1)Public Law 112-74, The Department of
Homeland Security Appropriations Act, 2015 (Pub. L. No. 113-76); 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; 5)Public Law 109-295, The Post-Katrina Emergency Management
Reform Act of 2006, 6 U.S.C. 752(c); 6) the implementing recommendations or regulations of each Act
or Law, if any; 7) the U.S. Department of Homeland Security, FY 2015 EMPG Notice of Funding
Opportunity Announcement (NOFOA) available at www.fema.gov; 9) applicable Grants Programs
Directorate (GPD) Information Bulletins available at www.fema.gov; and 10) the N.C. Emergency
Management Act, Chapter 166A of the North Carolina General Statutes.
3. Compensation
Recipient agrees that it will pay the Sub-Recipient complete and total compensation for the services to
be rendered by the Sub-Recipient. Payment to the Sub-Recipient for expenditures under this Agreement
will be reimbursed after the Sub-Recipient's cost report is submitted and approved for eligible scope of
work activity. The original signed copy of this Award and MOA must be signed by the Official(s)
authorized to sign below and returned to North Carolina Emergency Management no later than 45 days
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after award date. The grant shall be effective upon return of the executed Grant Award and
Memorandum of Agreement and final approval by North Carolina 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 work
activities are completed.
4. Funding Eligibility 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 the Grant Program:
A. Every participant must:
i. be established as a State, Local, or Non-Profit agency by appropriate resolution/ordinance;
ii. The county must have a full-time or part-time (at least 50%) Emergency Management Program
Director
iii. Complete any procurement(s) and expenditures no later than September 30, 2016.
iv. Provide quarterly progress reports to NCEM Branch or Grants office personnel using the latest
Grant Quarterly Report form by the following dates: January 15'h , April 15'h, July 15'h and
October 15th.
v. Match Requirement: FY 2015 EMPG funding to locals requires a match requirement of 50%
Local (Sub-Recipient). Every federal dollar received requires the Sub-Recipient 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 Sub-Recipient will identify to the Recipient the match source on EM Form
66. Recipients of EMPG funding can review the FY 2015 EMPG Program Funding Opportunity
Announcement(FOA),paragraph IV, Funding Restrictions for additional guidance. The file
guidance is available at http://www.fema.gov/government/grant/index.shtm or
http://www.fema.gov/government/grant/empg/. Contact your NC Emergency Management Area
Coordinator or Multi-Hazard Planner for assistance.
vi. Upload all activity deliverables into WebEOC for review and approval for Universal and
Optional activities.
B. File Retention: Sub-Recipient 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
below, 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. Files must be avaiable for review by North Carolina Emergency Management Staff for site
visits,project closeout and future audits.
i. Sub-Recipient must include appropriate documentation in the file, including but not limited to
the following documents:
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1. Grant Award and Memorandum of Agreement/Memorandum of Understanding and
Supporting Appendices
2. Completed appropriate cost report forms with invoices and proof(s) of payment
3. Audit Findings and Corrective Action Plans
4. Equipment Inventory records with photo documentation of labeling
C. Employees must be covered by an approved Pay Plan. However, the Director may be exempt from
this requirement.
D. The political subdivision must have an acceptable local travel regulation plan or accept the state
travel regulations.
5. Conditions
The Sub-Recipient certifies that it understands and agrees that funds will only be expended for those
projects outlined in the funding amounts as individually listed in the FY 2015 EMPG Application
Packet, incorporated by reference herein. The Recipient 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 Sub-recipent to these requirements; that costs incurred prior to grant
application approval will result in the expenses being absorbed by the Sub-recipent; and that all agencies
involved with this project understand that all federal funds are limited to a 36-month period.
6. Supplantation
Sub-recipents 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 Sub-Recipient-certifies that the receipt of federal funds
through North Carolina 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.
7. Compliance
Sub-recipent 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 FY 2015 EMPG Notice of Funding Opportunity Announcement
(NOFOA). Sub-recipent 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 North Carolina Emergency Management.
8. Responsibilities
A. The Recipient shall:
i. Provide funding to the Sub-Recipent to perform the work activities as described herein.
ii. Conduct a review of the project to ensure that it is in accordance with EMPG requirements.
iii. The performance period for the award to the State of North Carolina, Department of Public
Safety, North Carolina Emergency Management, ends on September 30, 2016. Funds allocated
for the performance of the work activities must be encumbered and invoices received by the
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State of North Carolina, Department of Public Safety North Carolina Emergency Management
(Recipient), by September 30, 2016.
iv. Directly monitor the completion of this project.
B. The Sub-Recipient shall:
i. Expend FY 2015 EMPG Grant Program funds in accordance with the applicable USDHS and
EMPG NOFOA, 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.
ii. 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 200. Sub-Recipient must follow procurement procedures and policies as
outlined in the applicable USDHS and EMPG NOFOA and the USDHS and Financial
Management Guide. Sub-Recipient shall comply with all applicable laws, regulations and
program guidance. Sub-Recipient must comply with the most recent version of the funding
Administrative Requirements, Cost Principles, and Audit requirements. Administrative and
procurement practices must conform to applicable federal requirements. A non-exclusive list of
regulations commonly applicable to DHS grants are listed below, codified in the following
guidance: ; 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 2 CFR 200 Sub-
part F 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.
C. Complete all Universal and up to six Optional work activities as identified in the 2015 EMPG Local
Activity Directory which is a part of the 2015 EMPG application packet, incorporated by reference
herein.
D. Comply with the applicable federal statutes, regulations,policies, guidelines and requirements,
reporting requirements and certifications as outlined in the applicable EMPG Program Funding
Opportunity Announcement(FOA) and Grant Award and Special Conditions documents.
E. Upload all completed activity deliverables into WebEOC for review and approval for Universal and
Optional activities not later than September 30, 2016.
F. Submit invoice(s) requesting reimbursement to Mr. Callion Maddox, NCEM Planning and
Homeland Security, Grants Management Branch Supervisor. Recipient will reimburse Sub-Recipient
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for eligible costs as outlined in the applicable USDHS and EMPG Program Funding Opportunity
Announcement(FOA). Sub-Recipient must take possession of all purchased equipment, receive any
grant-eligible service and complete Universal and up to six Optional work activities prior to seeking
reimbursement from the Recipient.
G. Sub-Recipient must take possession of all purchased equipment, receive any grant-eligible service
and/or complete work activities prior to seeking reimbursement from the Recipient.
H. Complete the procurement(s)process not later than September 30, 2016.
L Provide a list at project completion phase to the Area Coordinator and/or Branch Office, Homeland
Security Grant Manager, listing all items purchased through the grant.
J. Comply with the applicable federal statutes, regulations,policies, guidelines and requirements,
reporting requirements and certifications as outlined in the applicable EMPG NOFOA and Grant
Award and Special Conditions documents.
K. Maintain a grant management filing system as follows:
i. Grantee must meet the financial administration requirements in 2 CFR Part 200 and must
maintain a file for each EMPG grant award. The files must be available for review by North
Carolina Emergency Management Staff for site visits,project closeout and future audits.
ii. Grantee must include appropriate documentation in the file, including but not limited to the
following documents:
iii. Grant Award and Memorandum of Agreement/Memorandum of Understanding and Supporting
Appendices
iv. Completed appropriate cost report forms with invoices
v. Audit Findings and Corrective Action Plans
L. Comply with current federal suspension and debarment regulations pursuant to 2 CFR 200 Sub-part
F and 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. Sub-Recipient
shall be responsible to ensure that it has checked the federal System for Awards Management(SAM)
https://www.sam.gov/portal/public/SAM/and the State Debarred Vendors Listing,
http://www.pandc.nc.gov/actions.asp to verify that contractors or sub- Recipients have not been
suspended or debarred from doing business with the federal government".
M. Ensure that 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
responsilibities.
N. 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.
O. All 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 Department of Public Safety,North Carolina Emergency
Management." Use of the federal program logo must be approved by DHS. Printed as a legend,
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either below or beside the logo shall be the words "Funded by U.S. Department of Homeland
Security.
P. 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 Sub-Recipient and shall not be reimbursed under this MOA. Sub-Recipient shall
prominently mark any equipment purchased with grant funding as follows: "Purchased with funds
provided by the U.S. Department of Homeland Security."
Q. Sub-Recipient shall have sole responsibility for the maintenance, insurance, upkeep, and
replacement of any equipment procured pursuant to this Agreement unless hand receipted or
transferred.
R. Sub-Recipient 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. Sub-Recipient may
have property management guidelines that are more restrictive, requiring a unit of equipment with a
value of less than $5,000 to be inventoried; if so, such equipment purchased under this award
allocation shall be included on the report submitted to Recipient.
i. Recipient and Sub-Recipient shall take an initial physical inventory of any equipment. The Grant
Summary, Cost Reports with backup documentation, Certificate of Title, and any other Sub-
Recipient 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 Sub-Recipient must provide
quarterly updates until all funds are expended.
ii. Sub-Recipient must ensure a control system exists to ensure adequate safeguards to prevent loss,
damage or theft. Sub-Recipient 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.
iii. Sub-Recipient or equipment owner must ensure adequate maintenance procedures exist to keep
the equipment in good condition.
iv. Disposition Procedures. Sub-Recipient 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 Recipient and in accordance with
disposition requirements in 2 C.F.R. Part 200. 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 Recipient approval in accordance with disposition requirements in 2 C.F.R. Part 200. Sub-
Recipient must provide documentation that includes the method used to determine current fair
market value.
v. Only authorized equipment listed in the Authorized Equipment List(AEL), with appropriate
grant listed are eligible for purchases from this grant. For more guidance visit www.fema. ov.
S. No indirect or administrative costs will be charged to this allocation award.
T. Sub-Recipients must utilize equipment as intended in their project application to NCEM. Any
variation from this intended use must be requested in writing and approved by NCEM.
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U. Each Sub-Recipient must have a DUNS Number,prior to any funds being released. DUNS Numbers
may be obtained from either of the following web links: www.dnb.com or
httD:Hfed�zov.dnb.com/webform.
V. System for Award Management (SAM)registration is required for all applicants. Each Sub-
Recipient shall ensure that your organization's name, address, DUNS number and EIN are up to date
in SAM and that the DUNS number used in SAM is the same one used to apply for all FEMA
awards. SAM information can be found at ham://www.sam. zov. Future payments will be contingent
on the information provided in SAM; therefore it is imperative that the information is correct.
W. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the
provision of any training, exercise or work activities beyond that identified in this MOA shall be the
sole responsibility of Sub-Recipient and shall not be reimbursed under this MOA.
X. EMPG Sub-Recipients certify that they have read and agree to abide by the Sub-Recipient
instructions provided in the sub-receipeint instructions document provided by NCEM.
9. Funding
All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from
USDHS and NCEM 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 applicable USDHS Program
Guidelines, which include, but may not be limited to, the FY 2015 EMPG NOFOA, available at:
www.femLgov, 2 CFR Parts 200 Sub-part F, 215, 220, 225, and 230, Federal Acquisition Regulations
(FAR)Part 31.2, OMB Circulars A-21 and the USDHS Financial Management Guide available at
www.dhs.gov. Allowable costs are also subject to the approval of the State Administrative Agent for the
State of North Carolina, the Secretary of the Department of Public Safety.
10. Taxes
Sub-Recipient shall be considered to be an independent Sub- Recipient and as such shall be responsible
for all taxes.
11. Warranty
As an independent sub-recipient, the Sub-Recipient will hold the Recipient 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.
12. Audit Requirements
For all USDHS grant programs, Sub-Recipient is responsible for obtaining audits in accordance with 2
CFR 200 Subpart F.
13. State Property
Sub-Recipient shall be responsible for the custody and care of any property purchased with EMPG funds
furnished for use in connection with the performance of this Agreement and shall reimburse the
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Recipient for any loss or damage to said property until the property is disposed of in accordance with
EMPG Program requirements. Recipient will not be held responsible for any property purchased under
this MOU/MOA. Title to the property purchased with EMPG funds shall be in the Sub-Recipient unles
noted in section 2 of the MOA.
14. Points of Contact
To provide consistent and effective communication between Sub-Recipient and the Department of
Public Safety, North Carolina 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 Public Safety, North Carolina Emergency Management contact shall be
the Assistant Director for Planning & Homeland Security and the Homeland Security Grants
Management Staff, and NCEM Branch Staff. The Sub-Recipient point of contact shall be the EMPG
Program Manager or the person designated by the Sub- Recipient. 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.
15. Public Records Access
While this information under Federal control is subject to requests made pursuant to the Freedom of
Information Act (FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information
of this nature are made on a case-by-case basis by the FEMA FOIA Office. This agreement may be
subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes.
16. Subcontracting
If Sub-Recipient subcontracts any or all purchases or services required under this Agreement, then Sub-
Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and
conditions of this MOA. Sub-Recipient and any subcontractor agree to include in the subcontract that
the subcontractor shall hold Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this MOA. If Sub-Recipient subcontracts any or all
purchases or services required under this MOA, a copy of the executed subcontract Agreement must be
forwarded to Recipient. A contractual arrangement shall in no way relieve Sub-Recipient of its
responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with
all state and federal requirements. Sub-Recipient 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
EMPG NOFOA referenced herein.
17. 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.
18. Antitrust Laws
This Agreement is entered into in compliance with all State and Federal antitrust laws.
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19. Other Provisions/Severabili ty
Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North
Carolina, Department of Public Safety, North Carolina Emergency Management, or the Sub-Recipient.
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.
20. Compliance with the law
Sub-Recipient shall be wholly responsible for the purchases to be made under this MOA and for the
supervision of its employees and assistants. Sub-Recipient shall be responsible for compliance with all
laws, ordinances, codes, rules, regulations, licensing requirements 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 FY 2015 EMPG NOFOA.
21. 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.
22. Modification
This Agreement may be amended only by written amendments duly executed by the Recipient and the
Sub-Recipient.
23. Termination
The terms of this agreement, as modified with the consent of all parties, will remain in effect until
September 30, 2016. 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 USDHS
suspends or terminates funding in accordance with 2 CFR 200 and the FY2015 EMPG NOFOA,
incorporated by reference herein, the Sub-Recipient shall reimburse North Carolina Emergency
Management for said property and/or expenses.
24. Budget and Scope of Work
The Sub-Recipient shall implement the EMPG Grant project summarized below and as described in the
approved FY 2015 EMPG application. That Application is hereby incorporated by reference into this
Agreement. The Recipient shall reimburse eligible costs according to the following expenditures:
A. Funding Summary
Project Costs:
Federal Baseline Share: $35,000.00
Federal Optional Share: TBD
Local Baseline Share: $35,000.00
Local Optional Share: TBD
SatCom Deductions: TBD
TOTAL: TBD
B. Scope of Work Summary
Please refer to the approved FY 2015 EMPG application.
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C. Reports to be Provided at the Conclusion of Work(if applicable )
i. Quarterly project progress reports.
ii. Sub-Recipient involved legal action that pertains to Planning, Training, Exercise, and Equipment
purchased with EMPG;
iii. After action report from Trainings or Exercises;
iv. Training course roster and description
v. Any other documentation that would be pertinent.
vi. Any invoices detailing the expenses associated with the project
25. Lobbyin2 Prohibition
The Sub-Recipient certifies, to the best of his or her 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 N.C. 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 sub-recipients 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.
❑ Sub-Recipient agrees to comply with above requirements
26. Assurance of Compliance with Title VI of the Civil Rights Act of 1964
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
A. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally-Assisted Programs of the 2 C.F.R. 200 and North Carolina regulation
as they may be amended from time to time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract.
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B. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, sex, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall
not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractors obligations
under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
sex, or national origin.
D. Information and Reports: The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as my be determined by the Recipient or the
Research and Special Programs Administration (RSPA) to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this information the contractor shall
so certify to the Recipient or the Research and Special Programs Administration as appropriate, and
shall set forth what efforts it has made to obtain such information.
E. Sanctions for Noncompliance: In the event of the contractors noncompliance with nondiscrimination
provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and
Special Programs Administration may determine to be appropriate, including, but not limited to:
i. Withholding of payments to the contractor under the contract until the contractor complies;
and/or
ii. Cancellation, termination, or suspension of the contract, in whole or in part.
F. Incorporation of Provisions: The contractor shall include the provisions of every subcontract,
including procumbent of materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contract shall take such action with respect to any subcontract
or procurements as the Recipient or the Research and Special Programs Administration may direct as
a means of enforcing such provisions including sanctions for noncompliance: Provide,however, that
in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or
supplier as a result of such direction, the contractor may request the Recipient to enter into such
litigation to protect the of the Recipient and, in addition the contractor may request the United States
to enter such litigation to protect the interests of the United States.
❑ Sub-Recipient agrees to comply with above requirements
27. Assurance of Compliance with Title VI of the Civil Rights Act of 1964
Sub-Recipient HEREBY AGREES THAT as a condition to receiving any federal financial assistance
from the USDHS it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or
pursuant to 2 CFR Sub Part F , Nondiscrimination in Federally-Assisted Programs of the
USDHS - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and
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other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise
discrimination under any program or activity for which the Sub-Recipient receives federal financial
assistance from the USDHS, and HEREBY GIVES ASSURANCE THAT it will promptly take any
measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of
the Regulations. More specifically and without limiting the above general assurance, the Sub-Recipient
hereby gives the following specific assurance with respect to the project:
A. That the Sub-Recipient agrees that each "program" and each "facility" as defined in subsections
21.23(e) and 21.23(b) of the Regulations, will be(with regard to a "program") conducted, or will be
(with regard to ("facility") operated in compliance with all requirements imposed by, or pursuant to,
the Regulations.
B. That the Sub-Recipient shall insert the following notification in all solicitations for bids for work or
material subject to the Regulations and, in adapted form in all proposals for negotiated agreements:
i. The Sub-Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 20004 to 2000d-4 and 2 CFR Sub Part F issued pursuant to such Act, hereby notifies all
bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this
advertisement, minority, business enterprises will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, sex
or national origin in consideration for an award.
C. That the Sub-Recipient shall insert the clauses of this agreement in every contract subject to the Act
and the Regulations.
D. That this assurance obligates the Recipient for the period during which federal financial assistance is
extended to the project.
E. The Sub-Recipient shall provide for such methods of administration for the program as are found by
the Secretary of USDHS or the official to whom he delegates specific authority to give reasonable
guarantee that is, other recipients, sub Recipients, contractors, subcontractors, transferees, successors
in interest, and other participants of federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Act, the Regulations and this assurance.
F. The Sub-Recipient agrees that the United States has a right to seek judicial enforcement with regard
to any matter arising under the Act, and Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
federal grants, loans, contracts,property, discounts or other federal financial assistance extended
after the date hereof to the Recipient by the USDHS and is binding on it, other recipients, sub
Recipients, contractors, subcontractors, transferees, successors in interest and other participants in
the Department of Transportation Program. The person or persons whose signatures appear below
are authorized to sign this assurance on behalf of the recipients.
❑ Sub-Recipient agrees to comply with above requirements
28. Assurance of Compliance with Title VI of the Civil Rights Act of 1964
The following clauses shall be included in all deeds, licenses, leases,permits, or similar instruments
entered into by Sub-Recipient executed in expending these grant funds.
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The [Sub-Recipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"]
that in the event facilities are constructed, maintained, or otherwise operated on the said property
described in this [deed, license, lease,permit, etc.] for a purpose for which a USDHS program or activity
is extended or for another purpose involving the provision of similar services or benefits, the Sub-
Recipient, licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to 2 CFR Sub Part F and as said Regulations
may be amended.
That in the event of breach of the above nondiscrimination covenants, Sub-Recipient shall have the right
to terminate the [license, lease,permit, etc.] and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said [licenses, lease,permit, etc.] had never been made or issued.
That in the event of breach of any of the above nondiscrimination covenants, Sub-Recipient shall have
the right to re-enter said lands and facilities thereon, and the above-described lands and facilities shall
thereupon revert to and vest in and become the absolute property of Sub-Recipient and its assigns.
The following shall be included in all deeds, licenses, leases,permits, or similar agreements entered into
by Sub-Recipient.
The [Sub-Recipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree [in case of deeds, and leases add "as a covenant running with the land"] that (1) no
person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in
the construction of any improvements on, over or under such land and the furnishing services thereon,
no person on the grounds of race, color, sex, or national origin shall be excluded from the participation
in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [Sub-Recipient,
licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements
imposed by or pursuant 2 CFR Sub Part F Effectuation of Title VI of the Civil Rights Act of 1964, and
as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Sub-Recipient shall have
the right to terminate the [license, lease,permit, etc.] and to re-enter and repossess said land and the
facilities thereon, and hold the same as if said [license, lease,permit, etc.] had never been made or
issued.
That in the event of breach of any of the above nondiscrimination covenants, Sub-Recipient shall have
the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall
thereupon revert to and vest in and become the absolute property of Sub-Recipient and its assigns.
* Reverted clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
❑ Sub-Recipient agrees to comply with above requirements:
29. Assurance of Compliance with Privacy Act
The Sub-Recipient agrees:
A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted
there under, when performance under the program involves the design, development, or operation of
any system or records on individuals to be operated by the Sub-recipient, its third-party contractors,
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subcontractors, or their employees to accomplish a USDHS function.
B. To notify USDHS when the Sub-Recipient or any of its third-party contractors, subcontractors„ sub
recipients, or their employees anticipate a system of records on behalf of USDHS in order to
implement the program, if such system contains information about individuals name or other
identifier assigned to the individual. A system of records subject to the Act may not be used in the
performance of this Agreement until the necessary and applicable approval and publication
requirements have been met.
C. To include in every solicitation and in every third-party contract, sub-grant, and when the
performance of work, under that proposed third-party contract, sub grant, or sub agreement may
involve the design, development, or operation of a system of records on individuals to be operated
under that third-party contract, sub grant, or to accomplish a USDHS function, a Privacy Act
notification informing the third party contractor, or sub Recipient, that it will be required to design,
develop, or operate a system of records on individuals to accomplish a USDHS function subject to
the Privacy Act of 1974, 5 U.S.C. §552a, and applicable USDHS regulations, and that a violation of
the Act may involve the imposition of criminal penalties; and
D. To include the text of Subsections a through c in all third party contracts, and sub grants under which
work for this Agreement is performed or which is award pursuant to this Agreement or which may
involve the design, development, or operation of a system of records on behalf of the USDHS.
❑ Sub-Recipient agrees to comply with above requirements
30. Certification Re2ardin Drug-Free Workplace Requirements (Sub-Recipients Other Than
Individuals)
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988, 44
CFR Part 17, Sub Part F. The regulations,published in the January 31, 1989 Federal Register, require
certification by sub- Recipient,prior to award, that they will maintain a drug-free workplace. The
certification set out below is a material representation of act upon which reliance will be placed when
the agency determines to award the grant. False certification or violation of the certification shall be
grounds for suspension of payments, suspension or termination of grants, or government-wide
suspension of debarment, (See 44 CFR Part 2)
(a)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Sub- Recipients workplace and
specifying the actions that will be taken against employees for violation of such prohibition.
(b) Establishing a drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The Sub-recipient's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d)Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2)Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five days after such conviction;
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(e)Notifying the agency within ten days after receiving notice under subparagraph (d)(2), from an
employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2),
with respect to any employee who is convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination, or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purpose by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and(g).
Place(s) of Performance: The Sub- Recipient shall insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant(street address, city, county, state, zip
code)
❑ Sub-Recipient agrees to comply with above requirements:
31. Execution and Effective Date
This grant shall become effective upon return of this original Grant Award and Memorandum of
Agreement,properly executed on behalf of the Sub-recipient, to North Carolina Emergency
Management and will become binding upon execution of all parties to the Agreement. The terms of this
Agreement will become effective October 1, 2014. The last signature shall be that of Frank L. Perry,
Secretary for the North Carolina Department of Public Safety.
32. Term of this Agreement
This agreement shall be in effect from October 1, 2014 to September 30, 2016.
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IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this
Agreement will be effective as of October 1, 2014.
N.C. DEPARTMENT OF PUBLIC SAFETY COUNTY OF ORANGE
DIVISION OF EMERGENCY MANAGEMENT
1636 GOLD STAR DR
RALEIGH, NC 27607
by:
BY DocuSigned I a vy� Bonnie Hammersley
MICHAEL A. SPRAYBERRY, DIRECTOR PRINT NAME
NORTH CAROLINA EMERGENCY MANAGEMENT DocuSigned by:
�jbV�,l�t,tf, �auhw�t,V'S�
APPROVED AS TO PROCEDURES: SIGNATURE
DocuSigned by:
county Manager BY:0 D3F7AD08AA40D
JAMES J. CHEROKE, CONTROLLER TITLE
DEPARTMENT OF PUBLIC SAFETY
BY: F�DocuSigned by:
iwxm P61
WILLIAM'Mt'k,ASSISTANT GENERAL COUNSEL
REVIEWED FOR THE DEPARTMENT OF
PUBLIC SAFETY, BY WILLIAM POLK,
DPS ASSISTANT GENERAL COUNSEL, TO FULFILL THE
PURPOSES OF THE US DEPARTMENT OF
HOMELAND SECURITY GRANT PROGRAMS
DocuSigned by:
BY: V aln,lc b.
FRANK L. PERRY, SECRETARY
DEPARTMENT OF PUBLIC SAFETY
THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA
DEPARTMENT OF JUSTICE FOR THE FY 2015 EMERGENCY MANAGEMENT PERFORMANCE
GRANT ONLY AND IS SUBJECT TO EXECUTION BY FRANK L. PERRY, SECRETARY OF THE
DEPARTMENT OF PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR OTHER
MOUs/MOAs FOR THE EMPG FOR OTHER FISCAL YEARS.
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DocuSign Envelope ID: 70CDE96F-6D51-4BD6-93A5-3B3A2D3438CD
STATE OF NORTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY
"kwfto North Carolina Emergency Management
Physical Address: 1636 Gold Star Drive, Raleigh, NC 27607-3371
Mailing Address:4236 Mail Service Center, Raleigh, NC 27699-4236
COST REPORT 1 - FISCAL YEAR 2015
EMERGENCY MANAGEMENT
PERFORMANCE GRANT
Grantee: Orange County Emergency Services
Address: 510 Meadowlands Drive
Hillsborough NC 28278-
Federal ID No.:
Account No.:
Grant Period: 10/01/14 -09/30/16
Project: E]I IT6
Grant File No: EMPG-2015-37135 DUNS No.: 091575191 Branch: Central
Funding 2015 EMPG Universal Amount Optional Amount SATCOM Balance to be Paid
Worksheet Initial Amount (Base Amount) Deductions
Federal/State $35,000.00 $35,000.00 TBD TBD $ 0
Local Match $35,000.00 $35,000.00 TBD TBD $ 0
Total $70,000.00 $70,000.00 TBD TBD $ 0
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 requires 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 2015 EMPG
Final Amount award for your county.
Please note that failure to complete any Universal activity will result in a 12.5% penalty per activity to be assessed
against your 2016 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.
DOCUSigned by:
O ,L� 11/20/2015 1 17:15:09 F
7D4E5181ACC1409...
nge go n inance Officer Authorized Signature Date
tS 11/20/2015 1 17:03:32
r I iNTrg_ency Services Authorized Signature Date
66��11 mer�7gVeOnfcyU/Management Director's Approval Signature Date
�auxt S r,�t Vb�Ct 11/30/2015 1 08:42:03
aa=eto@XARmffilic Safety Controller's Office Approval Date
Printed: 10/6/2015 2:21:47 PM 2015 Cost Report 1