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Home My WebLink About2016-294-E Emergency Svc - NC Dept of Public Safety MOA for 2016 Tier II Grant for hazardous preparedness materials DocuSign Envelope ID:4lE1551E-8DOC-4A96-BC69-EAF7407E2D63 B03POA"d— North Carolina Department of Public Safety 93Emergency Management Pat McCrory,Governor Michael A. Sprayberry,Director Frank L.Perry, Secretary May 3, 2016 Kirby Saunders Orange County Emergency Services PO BOX 8181 HILLSBOROUGH,NC, 27278-8181 Kirby Saunders, I am pleased to inform you that your county has been awarded a 2016 Tier II Grant in the amount of $1,000.00. These funds are to be used by your county's Local Emergency Planning Committee(LEPC)for hazardous materials emergency response planning, training, and related exercises. Attached is a Memorandum of Agreement(MOA)which must be signed and returned to North Carolina Emergency Management(this can be completed online via DocuSign). This year on the signature page we have provided three sets of blank lines, for signature and title,which allow your county to decide who is most appropriate to sign the agreement. Only one recipient signatory is required,the remaining lines are there for your convenience should your county have internal policies that require multiple signatories. For 2016, each LEPC is receiving a$1,000.00 award for each of the counties that comprise their committee. Furthermore, an additional$60,000.00 in funding will go towards six competitive hazardous materials projects (two per NCEM Branch). More information on how to apply for these competitive grant awards will be disseminated with the FY 2016 Hazardous Materials Emergency Preparedness Grant (HMEP)request for applications later this year. If you have any questions or need further assistance please contact: Adam Ryan EPCRA Coordinator North Carolina Emergency Management Mail: 4236 Mail Service Center, Raleigh,NC 27699-4236 Phone: (919)436-2746 Email: epera@ncdps.gov S1nC6ocu�ried by: icG�t.ac( a. Srroulti n ic�i� Sayberry, Director North Carolina Emergency Management 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:41E1551E-8DOC-4A96-BC69-EAF7407E2D63 NORTH CAROLINA TIER II GRANT MEMORANDUM OF AGREEMENT BETWEEN GRANTOR: RECIPIENT: State Of North Carolina, Department Of Orange County Emergency Services Public Safety, Emergency Management Tax ID: Tax ID: DUNS: 091575191 DUNS: 078351786 MOA AMOUNT: $1,000.00 MOA NUMBER: T2-2016-37135 NC DPS FISCAL: 1506-8064-536902 PERIOD OF PERFORMANCE: January 1, 2016 - December 31, 2016 1. PURPOSE: This grant award supports the hazardous material preparedness activities of Local Emergency Planning Committees (LEPCs) as defined in the Emergency Planning and Community Right-to- Know Act(EPCRA). These funds are to be used by your county's or region's LEPC for hazardous materials emergency response planning, training, and related exercises. 2. AUTHORITY: In accordance with the provisions of North Carolina General Statute 166A-29.1,North Carolina Emergency Management hereby awards to the foregoing Recipient a grant in the amount shown above. 3. COMPENSATION: The Grantor agrees that it will pay the Recipient complete and total compensation for the services to be rendered by the Recipient. Payment to the Recipient for expenditures under this Agreement will be reimbursed after the Recipient's cost report, detailed invoices, and proof of payment are submitted and approved for eligible expenses; these documents must be submitted no later than January 31, 2017. The original signed copy of this MOA must be signed by the Official(s) authorized to sign below and returned to North Carolina Emergency Management no later than 45 days after the award date. The grant shall be effective upon return of the executed Memorandum of Agreement and final approval by North Carolina Emergency Management of the grant budget. Tier II Grant Page 1 of 5 T2-2016-37135 DocuSign Envelope ID:41E1551E-8DOC-4A96-BC69-EAF7407E2D63 4. CONDITIONS: The funds awarded under this grant must only be used by your county's or region's LEPC for the purposes of hazardous materials emergency response planning, training and exercises, as mandated in North Carolina General Statute 166A-29.1. Furthermore, the use of these funds must meet one or more of the follow criteria: A. Support costs incurred facilitating LEPC meetings (e.g. printing, general office supplies, food and non-alcoholic beverages) B. Support regional LEPC meetings and collaboration C. Enhance LEPC outreach efforts or produce promotional materials D. Host or support local and regional LEPC conferences E. Create or update hazardous material emergency response plans F. Support local or regional hazardous materials response exercises G. Support purchases of equipment necessary to support the LEPC and its mission i. Purchases of equipment must be pre-approved in writing by the NCEM EPCRA Coordinator H. Support hazardous material risk assessments currently being conducted by North Carolina Emergency Management L Under no circumstances are the following items eligible for funding under this grant: i. Salaries or benefits for any employee ii. Drone aircraft or unmanned aerial vehicles iii. Support for programs not focused on hazardous materials preparedness 5. REGULATION: The funds awarded under this grant must be used in compliance with all applicable state and federal laws governing their use to include compliance with GS §143C-6-23 and 09 NCAC 03M. By accepting this payment, the below official agrees to use these funds in a manner consistent with state laws and regulations. 6. TAXES: Recipient shall be responsible for all taxes. 7. WARRANTY: As an independent recipient, the Recipient will hold the Grantor harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a Tier II Grant Page 2 of 5 T2-2016-37135 DocuSign Envelope ID:41E1551E-8DOC-4A96-BC69-EAF7407E2D63 waiver of the sovereign immunity of the State of North Carolina. 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 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. 8. POINTS OF CONTACT: To provide consistent and effective communication between the Grantor and Recipient, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. NCEM: Orange County Emergency Services: EPCRA Coordinator Kirby Saunders North Carolina Emergency Management Emergency Management Coordinator 4236 MAIL SERVICE CTR PO BOX 8181 RALEIGH NC 27699-4236 HILLSBOROUGH,NC, 27278-8181 epera @ncdps.gov kaaunders @orangecountync.gov 9. PUBLIC RECORD ACCESS: This agreement may be subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes. 10. 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. 11. ANTITRUST LAWS: This Agreement is entered into in compliance with all State and Federal antitrust laws. 12. 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 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. 13. COMPLIANCE: Recipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Recipient shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory Tier II Grant Page 3 of 5 T2-2016-37135 DocuSign Envelope ID:41E1551E-8DOC-4A96-BC69-EAF7407E2D63 matters that are applicable to the conduct of its business and purchase requirements performed under this MOA. 14. 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. 15. MODIFICATION: This Agreement may be amended only by written amendments duly executed by the Grantor and the Recipient. 16. TERMINATION: The terms of this agreement, as modified with the consent of all parties, will remain in effect until December 31, 2016. Either party upon thirty (30) days advance written notice to the other party may terminate this agreement. Upon approval by NCEM Technological Hazards Branch 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 NCEM EPCRA Grant Adjustment Notice. 17. EXECUTION AND EFFECTIVE DATE: This grant shall become effective upon return of this original Memorandum of Agreement, properly executed on behalf of the 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 January 1, 2016. The last signature shall be that of Frank L. Perry, Secretary for the North Carolina Department of Public Safety. Tier II Grant Page 4 of 5 T2-2016-37135 DocuSign Envelope ID:41E1551E-8DOC-4A96-BC69-EAF7407E2D63 IN WITNESS WHEREOF,the parties have each executed this Agreement and the parties agree that this Agreement will be effective as of January 1,2016. DocuSigned by: DocuSigned by: a. �pva�l�t tryy E VGWtt, RMKALYSbu nF��aoaR�ssFa�� Michael A. Sprayberry,Director North Carolina Emergency Management county Manager APPROVED AS TO PROCEDURES DocuSigned by: R(La* P61 William Polk,Assistant General Counsel Reviewed for the Department Of Public Safety,by William Polk,DPS Assistant General Counsel,to fulfill the purposes of the North Carolina Tier II Grant Program E DocuSigned by: av�t,S (, krkt, 'JEZADDfS96A nn James J. Cheroke, Controller North Carolina Department of Public Safety F ocuSigned by: Frank L.Perry, Secretary North Carolina Department of Public Safety THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY FOR THE 2016 TIER II GRANT PROGRAM 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 TIER II GRANT. Tier II Grant Page 5 of 5 T2-2016-37135