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HomeMy WebLinkAbout2018-814-E Emergency Svc - FY2018 HMEP award letter IQ and air monitoring training DocuSign Envelope ID: lB46502C-936F-4363-9309-A1593E81EB36 6j?:�A.9C North Carolina Department of Public Safety Emergency Management Roy Cooper,Governor Michael A. Sprayberry,Director Erik A.Hooks,Secretary Hazardous Material Emergency Preparedness Grant Program"HMEP" CFDA#: 20.703 Fiscal Year 2018 Grant#: HM-HMP-0544-16-01-00 SUB AWARD NOTIFICATION Leslie OConnor Period of Performance: October 1,2018 to September 30,2019 Durham County Project Title(s):Propane IQ and Air Monitoring Training 2422 Broad Street Total Amount of Award: $24,200.00 Durham,NC 27704 MOA#: 1809 North Carolina Emergency Management is pleased to inform you that the federal Fiscal Year(FY)2018 Hazardous Material Emergency Preparedness Grant Program(HMEP)has been approved for funding.In accordance with the provisions of FY 2018 HMEP award,North Carolina Emergency Management hereby awards to the foregoing sub- recipient a grant in the amount shown above. The CFDA number is 20.703 and North Carolina Emergency Management federal grant number HM-HMP-0544-16-01-00. Payment of Funds: The grant shall be effective upon final approval by North Carolina Emergency Management of the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement. 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.). Conditions: The sub-recipient shall understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. Sub-recipient shall also certify the understanding and agreement to comply with the general and fiscal terms and conditions of the grant including special conditions;to comply with provisions of the 2 CFR 200 and all applicable laws governing these funds and all other federal,state and local laws;that all information is correct;that there has been appropriate coordination with affected agencies; that sub-recipient is duly authorized to commit the applicant to these requirements;that costs incurred prior to grant application approval will result in the expenses being absorbed by the sub-recipient;and that all agencies involved with this project understand that federal funds are limited to the period of performance. Sub-recipient must read and sign forthcoming Memorandum of Agreement for acceptance of the award. Supplanting: The sub-recipients confirm that sub-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 will certify 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. Callion L.Maddox Homeland Security Grants Branch Manager GRANT AWARD NOTICE:THIS AWARD IS SUBJECT TO THE GRANT SPECIAL CONDITIONS AND FINAL APPROVAL BY THE DEPARTMENT OF PUBLIC SAFETY,NORTH CAROLINA EMERGENCY MANAGEMENT GRANT PROGRAM BUDGET AND NARRATIVE MAILING ADDRESS OFFICE LOCATION 4236 Mail Service Center 1636 Gold Star Drive Raleigh NC 27699-4236 Raleigh,NC 27607-3371 www.readync.org Telephone:(919)825-2500 www.ncdps.gov Fax:(919)825-2685 An Equal Opportunity employer DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 North Carolina Department of Public Safety Emergency Management Roy Cooper,Governor Michael A. Sprayberry,Director Erik A.Hooks,Secretary Hazardous Material Emergency Preparedness Grant Program"HMEP" CFDA#: 20.703 Fiscal Year 2018 Grant Award#: HM-HMP-0544-16-0 1-00 MEMORANDUM OF AGREEMENT Between Recipient: Sub-recipient: State of North Carolina Durham County Department of Public Safety Tax ID/EIN#: 566000297 Emergency Management DUNS#: 088564075 MOA#: 1809 MOA amount MOA Period of Performance: Federal: $ 24, 200 . 00 October 1,2018 to September 30,2019 State: $ 0 . 00 DPS fund code: 1501-8073-3CB8 Local: $ 0 . 00 Total: $ 24, 200 . 00 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 Transportation (USDOT) HMEP Grant Program. A copy of the complete federal grant instructions is available at www.DOT.gov. This agreement is to set forth terms by which the State of North Carolina, Department of Public Safety, Emergency Management (Recipient), shall provide HMEP funding to the Sub-recipient to fund projects related to Emergency Management Planning, Trainings and Exercises. For a more detailed description of the approved Scope of Work,please see Attachment 1. 2. Program Authorization and Regulations This Agreement, the North Carolina General Assembly and the Hazardous Materials Emergency Planning Grant Program (HMEP) are governed by the following statutes and regulations: (1) The Hazardous Materials Transportation Act, as amended,49 U.S.C. § 5101 et. seq.; (2)49 C.F.R. Part 110, and any other applicable policy memoranda and guidance documents; (3) Emergency Planning Community Right-To-Know Act (EPCRA), 42 U.S.C. § 11001 et. seq.; (4)2 CFR Part 200; (5)The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 et. seq.; (6) Where applicable, it will comply with Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et SeMc., Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et sec., 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. sec., 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) FY 2018 HMEP Notice of Funding Opportunity Announcement (NOFOA) available at www.phmsa.dot.gov (9) applicable Grants Programs Directorate (GPD) Information Bulletins available at www.phmsa.dot.gov; and 10) the N.C. Emergency Management Act, Chapter166A of the North Carolina General Statutes. The funds awarded under this grant must be used in compliance with all applicable state and federal laws to include compliance with N.C.G.S. §143C-6-23 and 09 NCAC 03M. By accepting this award, the Sub-recipient agrees to use these funds in a manner consistent with state laws and regulations. DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only 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 after the 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 HMEP funding is contingent upon completion of all HMEP funding requirements. The following eligibility criteria must be adhered to during the Grant Program: A. Every participant must: • Be established as a state,local, or non-profit agency by appropriate resolution/ordinance • Complete any procurement(s) and expenditures no later than 9/30/2019 • Provide a semi-annual progress report to the NCEM EPCRA program manager using the latest grant • File Retention: RECIPIENT/SUB-RECIPIENT'S performance under this Agreement shall be subject 2 CFR Part 200 Pursuant to 2 CFR Part 1201 , the RECIPIENT/SUB-RECIPIENT, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records to the AGENCY/GRANTEE, awarding agency (USDOT), and the Comptroller General of the United States or any authorized representatives, employees, and agents thereof. 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 available for review by North Carolina Emergency Management Staff for site visits, project closeout and future audits. • 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 proofs)of payment • Audit Findings and Corrective Action Plans B. Employees must be covered by an approved Pay Plan. However, the director may be exempt from this requirement. C. The political subdivision must either: • Have an acceptable local travel regulation plan • Accept the state travel regulations. 5. Conditions HMEP MOA 2018 Page 2 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only 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 2018 HMEP 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-recipient to these requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by the Sub-recipient; and that all agencies involved with this project understand that all federal funds are limited to period of performance of this award. 6. Supplantation The sub-recipients 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 hazardous materials transportation preparedness 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 hazardous materials transportation preparedness activities. 7. Compliance The Sub-recipient 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 2018 HMEP Notice of Funding Opportunity Announcement(NOFOA). The Sub-recipient 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-recipient to perform the work activities as described herein. ii. Conduct a review of the project to ensure that it is in accordance with HMEP requirements. iii. Directly monitor the completion of this project. B. The Sub-recipient shall: i. Expend FY 2018 HMEP Grant Program funds in accordance with the applicable USDOT and HMEP 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. The Sub-recipient must follow procurement procedures and policies as outlined in the applicable USDOT and HMEP NOFOA and the USDOT 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 DOT 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 HMEP MOA 2018 Page 3 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only 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.DOT 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. 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. D. Complete the procurement(s)process not later than 9/30/2019 E. REPORTS: The RECIPIENT/SUB-RECIPIENT shall provide reports or information to the AGENCY/GRANTEE. Report(s), as described in Attachment A to this Agreement, which are due thirty (30) days from completion of the plan, exercise, or study. Reports shall include the current LEPC membership roster, a copy of the most recent LEPC meeting minutes and agenda and LEPC by-laws. The RECIPIENT/SUB-RECIPIENT shall provide a semi-annual summary (progress report), not later than April 1, 2018, to the EPCRA Program Manager to ensure that the project deliverables are being met, and that each grant contract is operating within budget. The AGENCY/GRANTEE may require additional reports as needed. The RECIPIENT/ SUB-RECIPIENT shall, as soon as possible, provide any additional reports requested by the AGENCY/GRANTEE. The AGENCY/GRANTEE contact will be the Division of Emergency Management EPCRA Program Manager for all reports. If all required reports and copies are not sent to the AGENCY/GRANTEE or are not completed in a manner acceptable to the AGENCY/GRANTEE, the AGENCY/GRANTEE may withhold payment until they are completed or may take such other action as set forth in paragraph (10). The AGENCY/GRANTEE may terminate the Agreement with a RECIPIENT/SUB-RECIPIENT if reports are not received within thirty (30) days after written notice by the AGENCY/GRANTEE. "Acceptable to the AGENCY/GRANTEE" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work, Attachment A. Upon request by the AGENCY/GRANTEE,the RECIPIENT/ SUB-RECIPIENT shall provide such additional updates or information as may be required by the AGENCY/GRANTEE. F. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable HMEP NOFOA and Grant Award and Special Conditions documents. G. Maintain a grant management filing system as required in this MOA and Attachment 4. H. Comply with current federal suspension and debarment regulations pursuant to 2 CFR 200 Sub-part F 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". I. Ensure that HMEP 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. HMEP MOA 2018 Page 4 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only J. Ensure that federal grant funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. ("Non-supplanting requirement") K. All materials publicizing or resulting from award activities must be approved by EPCRA program manager. L. 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. M. 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. N. 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. Sub-recipient shall maintain an effective property management system that complies with the following requirements: 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. 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 FY2018 PHMSA NOFO are eligible for purchase. For more guidance visit www.phmsa.dot.gov. O. No indirect or administrative costs will be charged to this allocation award. 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. Any equipment purchased under the PHMSA Grant is subject to use as a regional asset to be utilized by the US DOT, North Carolina Emergency Management, or Domestic Preparedness Region partners and statewide as needed. Failure to adhere to this policy might result in revocation of funds allocated for the purchase of said equipment. HMEP MOA 2018 Page 5 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only R. 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 hsv://fedRov.dnb.com/webform. S. 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 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. T. 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. U. HMEP sub-recipients certify that they have read and agree to abide by the instructions contained in the sub- recipient instructions document provided by NCEM. V. If applicable, changes, real property, equipment, supplies and copyrights will be administered in accordance with 2 CFR Part 200 9. Funding All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the DOT and NCEM for the purpose set forth. The MOA shall automatically terminate if funds cease to be available. 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 2018 HMEP NOFOA, available at: www.phmsa.dot.gov,2 CFR Parts 200 Sub-part F, 215, 220, 225, and 230, Federal Acquisition Regulations (FAR) Part 31.2, and the USDOT Financial Management Guide available at www.DOT.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 PHMSA 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 HMEP funds furnished for use in connection with the performance of this Agreement 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. HMEP MOA 2018 Page 6 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only Recipient will not be held responsible for any property purchased under this MOU/MOA. Title to the property purchased with HMEP funds shall be in the Sub-recipient's name unless 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 Assistant Director for Planning & Homeland Security, the Homeland Security Grants Management Staff, and NCEM Branch Staff. The Sub-recipient point of contact shall be the HMEP 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 PHMSA 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 HMEP 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. 19. Other Provisions/Severability 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 HMEP MOA 2018 Page 7 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only 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 2018 HMEP 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. Certification of Eligibility--Under the Iran Divestment Act Pursuant to N.C.G.S. § 147-86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S §147-86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015,N.C.G.S. § 147-86.55 et seq. requires that each vendor,prior to contacting with the State certify,and the undersigned on behalf of the Vendor does hereby certify,to the following: • That the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran. • That the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List. • That the undersigned is authorized by the Vendor to make this Certification. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address: htips://www.nctreasurer.com/inside-the-department/OpenGovemment/Pages/Iran-divestment-Act-resources.aspx and will be updated every 180 days. For Questions about the Department of State Treasurer's Iran Divestment Policy,please direct question to(919) 814-3852. 24. Termination The terms of this agreement, as modified with the consent of all parties, will remain in effect until 9/30/2019. Either party upon thirty (30) days advance written notice to the other party may terminate this agreement. Upon approval by USDOT, PHMSA 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 USDOT, PHMSA Grant Adjustment Notice, incorporated by reference herein. If USDOT suspends or terminates funding in accordance with 2 CFR 200 and the FY2018 HMEP NOFOA, incorporated by reference herein, the Sub-recipient shall reimburse North Carolina Emergency Management for said property and/or expenses. 25. Budget and Scope of Work SUB-RECIPIENT shall implement the HMEP Grant project summarized below and as described in the approved project application. That Application is hereby incorporated by reference into this Agreement. A. Scope of Work Summary Please see Attachment I for a detailed Scope of Work description. B. Reports to be provided during Period of Performance Sub-recipient must also provide a semi-annual summary(progress report); no later than April 1st 2019 to the HMEP Grant Manager and/or Field Planner to ensure that the project deliverables are being met, and that each grant contract is operating within budget. C. Reports to be Provided at the Conclusion of Work(if applicable) HMEP MOA 2018 Page 8 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only • Semi-annual project progress reports. • Sub-recipient involved legal action that pertains to Planning, Training, Exercise and Equipment purchased with HMEP • After action report from exercise • Training course roster and description • A copy of an plan created or re-written with grant funds • Any other documentation that would be pertinent. • Any invoices detailing the expenses associated with the project • Proof of payment for each invoice 26. Lobbying 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. In 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. 27. 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. 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 HMEP MOA 2018 Page 9 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only 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 contractor's 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: • Withholding of payments to the contractor under the contract until the contractor complies • 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. 28. 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 USDOT 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 USDOT - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the Sub-recipient receives federal financial assistance from the USDOT, 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. 2000d 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 HMEP MOA 2018 Page 10 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only 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. That the Sub-recipient shall provide for such methods of administration for the program as are found by the Secretary of USDOT 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. That 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 USDOT 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. 29. 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. 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 USDOT 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 HMEP MOA 2018 Page 11 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only 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. 30. 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, subcontractors, or their employees to accomplish a USDOT function. B. To notify USDOT 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 USDOT 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 USDOT 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 USDOT function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable USDOT 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 USDOT. 31. Certification Regarding Drup--Free Workplace Requirements (Sub Recipients Other Than Individuals) This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988,. The regulations, published in the January 31, 1989 Federal Register, require certification by 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 2 CFR Part 200) The subgrantee(sub-recipient)certifies that it will or will not continue to provide a drug-free workplace by: (a)Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing,possession or use of a controlled substance is prohibited in the Sub-recipient's 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 HMEP MOA 2018 Page 12 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only (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; (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)Make a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and(f). 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) 32. 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 10/01/2018. The last signature shall be that of Erik A. Hooks, Secretary for the North Carolina Department of Public Safety. 33. Term of this Agreement This agreement shall be in effect from 10/01/2018 to 09/30/2019. HMEP MOA 2018 Page 13 of 14 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only IN WITNESS WHEREOF,the parties have each executed this Agreement and the parties agree that this Agreement will be effective as of 10/01/2018 N.C.DEPARTMENT OF DURHAM COUNTY PUBLIC SAFETY 2422 BROAD STREET DIVISION OF EMERGENCY MANAGEMENT DURHAM,NC 27704-3006 1636 GOLD STAR DR RALEIGH,NC 27607 L) Signed by: Docu Signed by: A- �pv+A� B jiwj G-bv�t.S BC56277488294AB... ,DIRECTOR BCA8E242A6F84FE... NORTH CAROLINA EMERGENCY MANAGEMENT 1101F6D23CFB93429... DocuSigned by: 1�a �a�l AJVS APPROVED AS TO PROCEDURES: DocuSigned by: OocuSigned by: B �a^t.s (, k rk' B S� w'w �. �k wt6w JA.._ 2�B3F7A608AA406.y1 'CONTROLLER 93CD6C74E2524A6... DEPARTMENT OF PUBLIC SAFETY DocuSigned by: Wr_ 919A560339CC-49D.,,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 TRANSPORTATION GRANT PROGRAMS DocuSigned by: BY l�L d• N&S ERI.� 01CAB830667343D... CRETARY c-�.iivvi�v, vi DEPARTMENT OF PUBLIC SAFETY THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2018 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT PROGRAM ONLY AND IS SUBJECT TO EXECUTION BY ERIK A.HOOKS, SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR OTHER MOUs/MOAs FOR THE HMEP FOR OTHER FISCAL YEARS. HMEP MOA 2018 Page 14 of 14 DocuSign Envelope ID:1B46502C-936F-4363-9309-A1593E81EB36 Attachment 1 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 2018 Hazardous Materials Preparedness Project Guidance and Application North Carolina Emergency Management Technological Hazards Branch General Information United States Department of Transportation Fiscal Year 2018 Hazardous Materials Emergency Preparedness (HMEP) Grant funds will be passed through to Local Emergency Planning Committees (LEPCs) and Tribes within North Carolina on a competitive basis utilizing a single application. For the federal HMEP Grant program, NCEM will award a maximum amount of$10,000 to any one LEPC and $25,000 for multi-county LEPCs/Regional Activities. With a target of$50,000 per branch. To be considered for an award under either program, Area Coordinators/Branch Managers must receive a completed application for the LEPC project no later than February 15, 2018. The HMEP Grant is a United States Department of Transportation grant and is managed by the Pipeline and Hazardous Materials Safety Administration (PHMSA). The HMEP funds are derived from shippers of hazardous materials; therefore, there is an expectation that the funds will be used for enhancing preparedness for transportation incidents involving hazardous materials. This year priority will be given to (in order): • Joint/regional hazardous materials preparedness activities. • Exercise of hazardous materials plans. • Development of emergency response plans with a clearly identifiable hazardous materials focus or the development or update of the hazardous materials annex to the County/Tribal Plan. Period of Performance Oct 1, 2018 through Sept 30, 2019. Eligible Projects and Activities The following activities are eligible as projects for consideration. The intent of this process is to allow grant funds to be used by LEPCs for a variety of identified training/planning needs. • Conduct Joint/regional hazardous materials preparedness activities that mutually benefit all parties. • Conduct exercises based on response plans. • Develop initial LEPC/Tribal Emergency Response Plan, or Hazardous Materials Annex to County/Tribal Plan. 2018 Hazardous Materials Preparedness Project Application Page 1 of 8 DocuSign Envelope ID: 1B46502C-936F-4363-9309-A1593E81EB36 • Revision of the LEPC/Tribal Emergency Response Plan, or Hazardous Materials Annex to County/Tribal Plan. • Develop or expand Regional Response Team planning. • Conduct or revise Hazard Identification and Vulnerability Analysis (HIVA). Grant Award Criteria Applicants must ensure their hazardous materials response plan is consistent with the provisions of the Emergency Planning and Community Right-To-Know Act (EPCRA), also known as the Superfund Amendment Reauthorization Act (SARA) Title III, and have a functional and active LEPC or Tribal hazardous material response program. Proposed projects will be competitively evaluated according to the following selection criteria: • How effective will the project be in improving hazardous materials capabilities? • How cost effective is the proposed project? • Does it contribute to other jurisdictions planning and regional response efforts? Applicants must have an active registration in the federal System for Award Management (SAM). Budgetary Criteria The following budgetary rules apply to all applications. Allowable expenses for activities: • Hiring contractors or consultants to perform work eligible under the grant. • Equipment rental. • Per Diem and travel expenses. • Supplies and training materials. • Mail and postage costs. • Printing and reproduction costs. • Commodity Flow Studies Non-allowable expenses: • No funds awarded may be used for the purchase of equipment (including software and electronics). • No funds may be used to replace or supplant local government funding of existing planning or exercise programs. • Salary (including overtime) of any employees who backfill positions. For more information about project and expense eligibility, please see the HMEP Grant Program Expenditures and Activities Guide, published by the Pipeline and Hazardous Materials Safety Administration. Application Review Proposed project applications will be subjected to a competitive review process. If necessary, a review panel will meet before March 30, 2018 to evaluate all applications. The review panel may 2018 Hazardous Materials Preparedness Project Application Page 2 of 8 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 consist of the Branch Managers and/or members of the North Carolina State Emergency Response Commission Hazardous Materials Committee. An effort will be made to achieve the broadest possible geographic distribution of these awards. Applicant performance on other NCEM grants will be considered when evaluating the applications. Monitoring and Follow-Up Requirements LEPCs receiving grant funds must enter into a Memorandum of Agreement with North Carolina Emergency Management. Additionally, they must provide a semi-annual summary (progress report), no later than March 1, 2019, to the Technological Hazards Branch to ensure that the project deliverables are being met, and that each grant contract is operating within budget. All changes to the statement of work must be approved in writing prior to conducting activities. Activities must be completed by Sept 30, 2019 and final documentation is required by October 30, 2019 and includes the following: • If training/exercise is conducted, a complete roster and After Action Report (AAR) detailing the outcome and benefit is required. • If seminar or conference, an agenda, attendance roster, and copies of presentations are required. • If an emergency response plan, hazardous materials response plan, or hazardous materials annex was updated, a copy of the updated plan is required. • Cost Report should be completed and sent along with detailed invoices and proof of payment. Note: Funds will not be reimbursed until all deliverables are received. Application Process 1. Complete the attached 2018 Hazardous Materials Preparedness Project Application. 2. Submit a separate set of applications for each proposed project (if necessary). 3. If submitting a joint/regional application, establish priorities and clearly show how each jurisdiction will benefit. 4. If multiple projects are requested, establish and define a priority list. 5. Submit project proposal electronically via e-mail attachment to appropriate NCEM Area Coordinator who will either tentatively approve or disapprove. The Area Coordinator will forward (tentatively approved applications) to the Branch Manager who will review the application and forward to the Hazardous Materials Preparedness Project review committee for final approval. 6. If there are any questions regarding this process, please contact an EPCRA Coordinator at 919-436-2746 or email epera@ncdps.gov. 2018 Hazardous Materials Preparedness Project Application Page 3 of 8 DocuSign Envelope ID: 1B46502C-936F-4363-9309-A1593E81EB36 2018 HAZARDOUS MATERIALS PREPAREDNESS PROJECT APPLICATION Instructions Please provide the information requested below. All fields are mandatory. Limit your response to the space allocated whenever possible. If this is not possible, please indicate on the form when additional pages are attached. Clear, complete, and concise information is required for the panel to make fair and equitable decisions. Applicant Information Organization: Durham City/ County Emergency Management Mailing Address: 2422 Broad St Durham NC 27704 Street, City, State, Zip +4 Physical Address: 2422 Broad St Durham NC 27704 Street, City, State, Zip +4 DUNS Number: 088564075 Tax ID Number: 56-66000297 Host County: Durham Local Emergency Planning Committee Chatham, Durham, and Orange LEPC : Is your organization Yes registered in SAM: Point of Contact: Leslie O'Connor Title: Division Chief— Emergency Management Email: LOConnor@DcoNc.Gov Phone Number: (919) 560-7273 Fax: (919) 560-0661 2018 Hazardous Materials Preparedness Project Application Page 4 of 8 DocuSign Envelope ID: 1B46502C-936F-4363-9309-A1593E81EB36 Memorandum of Agreement (MOA/MOU) Information Please list all names and titles that should appear on the signature page of the MOA/MOU should your organization receive an award. Only one signatory is required; multiple spaces have been provided for entities with policies requiring multiple people to sign. If more space if needed please add rows identical to the ones below and notify NCEM. Names will appear in order entered below. NCEM grant MOAs are currently being disseminated and signed electronically via DocuSign. Name: Jim Groves Title: Director Email jgroves(a_dconc.gov Name: Kirby Saunders Title ksaunders@orangecountync.gov Email: Emergency Management Coordinator Name Steve Newton Title: Emergency Operations Director Email: steve.newton@chathamnc.org Proiect Overview: Project Title: Propane IQ Training Is your proposed activity joint Yes or regional in nature? If you answered yes above, Chatham, Durham, and Orange county will have responders in please explain, otherwise put the course. N/A: Would you like to request the State Hazardous Materials Regional Response Team No (RRT) participate in your HMEP grant activity? If you answered yes above, please describe desired RRT involvement (technical NA assistance, exercise participation, pre-planning, etc.), otherwise put N/A: 2018 Hazardous Materials Preparedness Project Application Page 5 of 8 DocuSign Envelope ID: 1B46502C-936F-4363-9309-A1593E81EB36 Note: Requests for regional response team participation will be reviewed and granted as funding allows. Regional Response Team participation will be funded by Tier II fee revenue and do not need to be accounted for in your project budget below. Project Statement of Work Please provide a detailed description of your proposed project. • Breakdown activities into clear actions. • Identify personnel providing services if applicable. • Identify measurable, tangible deliverables/results. Statement of Work Propane emergencies remain one of the most common, and most deadly, hazmat incidents responders face. This 16 hour course will prepare responders to safety mitigate a propane emergency, including tactical considerations, container assessment, leak control options, and flaring operations. Each student will receive a set of PropanelQ Smart Charts with a diagram of each propane vessel, along with potential countermeasures for each leak point. Federal Resources will provide the training Course attendees will safely and correctly preform the operations taught and evaluated in the course. Project Timeline Include critical dates and measurable activities for task completion. Projects must be completed in time to submit all paperwork by February 15, 2019. Date Milestone 1-1-19 Course delivery scheduled 9-1-19 Course delivery completed Project Budget Please provide your projected costs. Item Description Cost Propane IQ $11,900 Propane IQ training materials $6,350 Total Projected Cost: $18,250 Final signed cost report should be submitted with, or prior to, final performance deliverables. The requested reimbursement amount on the final cost report should not exceed the total amount of the grant reward. 2018 Hazardous Materials Preparedness Project Application Page 6 of 8 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 Project 2 Overview: Project Title: Air Monitoring for Flammable Liquids Training Is your proposed activity joint Yes or regional in nature? If you answered yes above, Chatham, Durham, and Orange county will have responders in please explain, otherwise put the course. N/A: Would you like to request the State Hazardous Materials Regional Response Team No (RRT) participate in your HMEP grant activity? If you answered yes above, please describe desired RRT involvement (technical NA assistance, exercise participation, pre-planning, etc.), otherwise put N/A: Note: Requests for regional response team participation will be reviewed and granted as funding allows. Regional Response Team participation will be funded by Tier II fee revenue and do not need to be accounted for in your project budget below. Project Statement of Work Please provide a detailed description of your proposed project. • Breakdown activities into clear actions. • Identify personnel providing services if applicable. • Identify measurable, tangible deliverables/results. Statement of Work This 8 hour technician level course will provide responders the knowledge and skills required to conduct air monitoring at incidents involving bulk flammable liquid spills and fires; including crude oil, ethanol, methanol, and other common flammable liquids. Air monitoring techniques for hazmat entry operations and downwind public protective actions will be covered. Responders will gain hands on experience monitoring actual products. Federal resources will provide the training. Course attendees will safely and correctly preform the operations taught and evaluated in the course. 2018 Hazardous Materials Preparedness Project Application Page 7 of 8 DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 Project Timeline Include critical dates and measurable activities for task completion. Projects must be completed in time to submit all paperwork by February 15, 2019. Date Milestone 1-1-19 Course delivery scheduled 9-1-19 Course delivery completed Project Budget Please provide your projected costs. Item Description Cost Air Monitoring Training $5,950 Total Projected Cost: $5,950 Final signed cost report should be submitted with, or prior to, final performance deliverables. The requested reimbursement amount on the final cost report should not exceed the total amount of the grant reward. Application Submission Please type your name and today's date below as signature to certify the following: • This application is complete and accurate to the best of your knowledge. • This project, if awarded, will adhere to the approved Statement of Work and any changes made to this project after submission must be approved in writing by the Technological Hazards Branch of North Carolina Emergency Management. • This application will be submitted by email to your county's NCEM Area Coordinator on or before October 30, 2018. Name: Leslie O'Connor Date: 6/21/2018 If you have any questions please do not hesitate to reach out to us at 919-436-2746 or epera@ncdps.gov. 2018 Hazardous Materials Preparedness Project Application Page 8 of 8 DocuSign Envelope ID:1B46502C-936F-4363-9309-A1593E81EB36 Attachment 2 DocuSign Envelope ID:1B46502C-936F-4363-9309-A1593E81EB36 Semi-Annual Progress Report FY 2018 HMEP:HM-HMP-0544-16-01 Durham County Grant Award Amount:$24,200.00 Funds Expended: Activities Metric Dates,current status.For example: list 1. Equipment needs identified,items in vendor negotiation,purchased,placed in service, etc. Dates,current status.For example:list 2. Planning needs identified,updates or revisions made to plans,or those to be made. Dates,status of training.For example:list identified needs;training planned,in 3. Training progress,or conducted(with agenda and roster attached). Dates,status of exercise.For example:list 4. Exercise identified needs;exercise(s)planned,in progress,or conducted(with After Action Report attached). Report submitted by: Semi-Annual Progress Reports are due: Date: June 15t' DocuSign Envelope ID:1B46502C-936F-4363-9309-A1593E81EB36 Attachment 3 DocuSign Envelope ID:1B46502C-936F-4363-9309-A1593E81EB36 Required Sub-Grantee 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 HMEP grant award.The files must be available for review by the North Carolina Division of Emergency Management— Homeland Security Branch Staff 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: 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 5.Rosters from meeting,training and exercises. 6.After Action Reports