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2018-813-E Emergency Svc - NC Dept of Public Safety EMPG MOA Orange County award letter
North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Erik A. Hooks, Secretary Michael A. Sprayberry, Director MAILING ADDRESS OFFICE LOCATION 4236 Mail Service Center 1636 Gold Star Drive Raleigh NC 27699-4236 Raleigh, NC 27607-3371 www.readync.org www.ncdps.gov Telephone: (919) 825-2500 Fax: (919) 825-2685 An Equal Opportunity employer EMERGENCY MANAGEMENT PERFORMANCE GRANT CFDA #: 97.042 Fiscal Year 2018 Grant #: EMA-2018-EP-00007 SUB AWARD NOTIFICATION Kirby Saunders Period of Performance: October 1, 2018 to September 30, 2019 Orange County Project Title(s): EMPG Projects 510 Meadowlands Drive Total Amount of Award: $35,000.00 Hillsborough, NC 27278 MOA#: 18067 North Carolina Emergency Management is pleased to inform you that the federal Fiscal Year (FY) 2018 Emergency Management Performance Grant (EMPG) has been approved for funding. In accordance with the provisions of FY 2018 EMPG award, North Carolina Emergency Management hereby awards to the foregoing sub-recipient a grant in the amount shown above. The CFDA number is 97.042 and North Carolina Emergency Management federal grant number is EMA-2018-EP-00007. 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 DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 1 of 13 North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Erik A. Hooks, Secretary Michael A. Sprayberry, Director Emergency Management Performance Grant Program (EMPG) CFDA #: 97.042 Fiscal Year 2018 Grant Award #: EMA-2018-EP-00007 MEMORANDUM OF AGREEMENT (MOA) Between Recipient: Sub-recipient: State of North Carolina Orange County Department of Public Safety Tax ID/EIN #: 566000327 Division of Emergency Management DUNS #: 069420961 MOA #: 18067 MOA Amount Universal SATCOM ded. Optional MOA Period of Performance: Federal: $ 35,000.00 TBD TBD October 1, 2018 to September 30, 2019 State: $ 0.00 TBD TBD DPS Fund Code: 1500-8016-3HD8 Local: $ 35,000.00 TBD TBD Total: $ 70,000.00 TBD TBD 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 (DHS) 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 Homeland Security Planning, Operations, Equipment purchases, Training and Exercises. For a more detailed description of the approved Scope of Work, please see Attachment 1. 2. Program Authorization and Regulations This Agreement is authorized under the provisions of (1) Department of Homeland Security Appropriations Act, 2018 (Pub. L. No. 115-141); (2) 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 as amended, 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 FY 2018 EMPG Notice of Funding Opportunity Announcement (NOFOA) available at www.fema.gov (8) applicable Grants Programs Directorate (GPD) Information Bulletins available at www.fema.gov; and (9) the NC Emergency Management Act, Chapter 166A 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. 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 award date. The grant shall be effective upon return of the executed Grant Award and MOA and final approval by North Carolina Emergency Management of the grant budget and program DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 2 of 13 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. Sub-recipients must meet all reimbursement requirements contained herein. Non-compliance may result in denial of reimbursement request(s) or revocation of equipment and/or grant funds awarded for this project. 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 all-hazards emergency preparedness 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. Complete any procurement(s) and expenditures no later than September 30, 2019. iii. Provide quarterly progress reports to NCEM Grant Managers, Training and Exercise Officer(s), and Field Branch Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15th, April 15th, July 15th and October 15th. iv. Match Requirement: FY 2018 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 their application for EMPG funds. Recipients of EMPG funding can review the FY 2018 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. v. Upload all activity deliverables into WebEOC for review and approval for Universal and Optional activities. vi. The county must have a full-time or part-time (at least 50%) Emergency Management Program Director. B. File Retention: Sub-recipient is required to maintain records and (invoices) of this grant for three years after termination of the grant, or audit if required, or longer where required by law, as outlined below, attached and incorporated by reference. Recipient 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. However, if a litigation, claim or audit has been initiated prior to the expiration of the three-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. i. Sub-recipient must include appropriate documentation in the file, including but not limited to the following: Resolution/ordinance establishing Sub-recipient a State, Local, or Non-Profit agency ii. Grant award and memorandum of agreement/memorandum of understanding and supporting appendices iii. Completed appropriate report forms with specifications, solicitations, competitive bids, quotes or proposals, basis for selection decisions, purchase orders, contracts, invoices and proof(s) of payment, all expenditure backup documentation, cost/price analyses on file for review by Federal and State personnel, if applicable, Other documents required by Federal regulations applicable at the time a grant is awarded. Non-Federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of purchasing documentation along with copies of cancelled checks for verification. DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 3 of 13 Non-Federal entities who fail to fully document all purchases will find their expenditures questioned and subsequently disallowed. iv. Audit findings and corrective action plans v. Equipment inventory records with photo documentation of required inventory labeling C. 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 2018 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-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 the Federal period of performance. 6. Supplantation 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 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-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 EMPG NOFO announcement. 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 of this MOA will result in the return of funds and/or items to North Carolina Emergency Management. 8. Responsibilities Recipient: A. The Recipient shall provide funding to the Sub-recipient to perform the work activities as described herein. B. The Recipient shall conduct a review of the project to ensure that it is in accordance with EMPG requirements. C. The Federal award date is September 1, 2018. Funds allocated for the performance of the work activities must be encumbered and invoices received by the North Carolina, Department of Public Safety, and North Carolina Emergency Management by February 28, 2021. D. The recipient shall directly monitor the completion of this project. Sub-recipient: A. The Sub-recipient shall expend FY 2018 EMPG Grant Program funds in accordance with the applicable DHS and EMPG NOFO announcement, 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. B. The Sub-recipient shall utilize State of North Carolina and/or local procurement policies and procedures for the expenditure of funds, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 44 Code of Federal Regulations (CFR) 2 CFR Part 200. Sub-recipient must follow procurement procedures and policies as outlined in the applicable DHS and EMPG NOFO announcement and the DHS 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 DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 4 of 13 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; 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 FY 2018 EMPG Local Activity Directory which is a part of the FY 2018 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 FY 2018 EMPG NOFO announcement and Grant Award and Special Conditions documents. E. Complete the procurement(s) process not later than September 30, 2019. F. Upload all completed activity deliverables into WebEOC for review and approval for Universal and Optional activities not later than December 31, 2018. G. Submit invoice(s) requesting reimbursement to NCEM Planning and Homeland Security, Grants Management Branch. Recipient will reimburse Sub-recipient for eligible costs as outlined in the applicable DHS and EMPG Program NOFO. 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. H. Provide a list at project completion phase to the area coordinator, and/or Branch Office listing all items purchased through the grant. I. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable EMPG NOFO announcement, Grant Award and Special Conditions documents. J. Comply with current Federal laws, suspension and debarment regulations pursuant to 2 CFR 200 Sub-part F and OMB 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”. K. 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 responsibilities. L. Non-supplanting Requirement. Federal grant funds shall be used to supplement existing funds, and shall not replace (supplant) funds that have been appropriated for the same purpose. M. All materials publicizing or resulting from award activities shall contain this acknowledgement: “This project was supported by a Federal award from the US Department of Homeland Security, Department of Public Safety, North Carolina Emergency Management.” Use of the Federal program logo must be approved by DHS. Printed as a legend, either below or beside the logo shall be the words “Funded by US Department of Homeland Security. N. 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. DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 5 of 13 O. 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. P. 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. 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. 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. 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 CFR 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 CFR 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.gov. Q. No indirect or administrative costs will be charged to this allocation award. R. Sub-recipient 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. Failure to adhere to this policy might result in revocation of funds allocated for the purchase of said equipment. S. 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 http://fedgov.dnb.com/webform. T. Each sub-recipient shall ensure their organization is registered with the System for Award Management (SAM). It is required for all applicants 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 http://www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore it is imperative that the information is correct. U. 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. 9. Funding All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the DHS 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 DHS Program Guidelines, which include, but may not be limited to, the FY 2018 EMPG NOFO announcement, available at: www.fema.gov. 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 DHS 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. DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 6 of 13 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 DHS 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 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 unless noted in section 8 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 NCEM Grants Management Branch Staff, and the NCEM Field 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: A. As of the date of disclosure and/or delivery, is already known to the party receiving such information. B. Is or becomes part of the public domain, through no fault of the receiving party. C. Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence. D. 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 DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 7 of 13 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 NOFO announcement 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 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 EMPG NOFO announcement. 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 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 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, G.S. 147-86.55 et seq.* requires that each vendor, prior to contacting with the State certifies, and the undersigned on behalf of the Vendor does hereby certify, to the following: A. 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 B. That the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List C. 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: https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-divestment-Act-resources.aspx , and is updated every 180 days. For questions about the Department of State Treasurer’s Iran Divestment Policy, please call (919) 814-3852. 24. Termination DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 8 of 13 The terms of this agreement, as modified with the consent of all parties, will remain in effect until February 28, 2021. Either party upon thirty days advance written notice to the other party may terminate this agreement. Upon approval by DHS, 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 DHS, FEMA Grant Adjustment Notice, incorporated by reference herein. If DHS suspends or terminates funding in accordance with 2 CFR 200 and the 2018 EMPG NOFOA, incorporated by reference herein, the Sub-recipient shall reimburse North Carolina Emergency Management for said property and/or expenses. 25. Scope of Work The Sub-recipient shall implement the EMPG Grant project summarized below and as described in the approved FY 2018 EMPG application. That Application is hereby incorporated by reference into this Agreement. The Recipient shall reimburse eligible costs according to the following expenditures: A. Scope of Work Summary Please see Attachment 1 for a detailed Scope of Work description. B. 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, Organization, 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. 26. Lobbying Prohibition The Sub-recipient certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or employee of any state or Federal agency, a member of the NC General Assembly, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all 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 CFR. 200 and North Carolina regulation as they may be amended from time DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 9 of 13 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: 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. 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. 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 DHS 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 DHS - 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 DHS, 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. 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. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 10 of 13 adapted form in all proposals for negotiated agreements: 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 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. Insert the clauses of this agreement in every contract subject to the Act and the Regulations. D. This assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. E. Provide for such methods of administration for the program as are found by the Secretary of DHS 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. 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 DHS and is binding on it, other recipients, Sub-recipients, contractors, subcontractors, transferees, successors in interest and other participants in the DHS 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: A. The [Sub-recipient, licensee, lessee, permittee, etc., as appropriate] for itself, 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 DHS 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. B. 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. C. 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: A. 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 DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 11 of 13 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. B. 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. C. 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. 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 DHS function. B. To notify DHS 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 DHS 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 DHS 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 DHS function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable DHS regulations, and that a violation of the Act may involve the imposition of criminal penalties; and D. To include the text of Sections 30 part 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 DHS. 31. Certification Regarding 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 the 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). A. Publish 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. DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 12 of 13 B. Establish a drug-free awareness program to inform employees about: i. The dangers of drug abuse in the workplace ii. The Sub-recipient’s policy of maintaining a drug-free workplace iii. Any available drug counseling, rehabilitation, and employee assistance programs iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace C. Require that each employee 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: i. Abide by the terms of the statement. ii. 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) (ii), 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)(ii), with respect to any employee who is convicted: i. Taking appropriate personnel action against such an employee, up to and including termination. ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state, 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 (F). 32. Execution and Effective Date This grant shall become effective upon return of this original Grant Award and MOA, 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 September 1, 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 October 1, 2018 to September 30, 2019. DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F For Official Use Only EMPG MOA 2018 13 of 13 IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this Agreement will be effective as of October 1, 2018 NC DEPARTMENT OF PUBLIC SAFETY ORANGE COUNTY DIVISION OF EMERGENCY MANAGEMENT 510 MEADOWLANDS DRIVE 1636 GOLD STAR DR HILLSBOROUGH, NC 27278- RALEIGH, NC 27607 BY: _________________________________________ BY: __________________________ MICHAEL A. SPRAYBERRY, DIRECTOR NORTH CAROLINA EMERGENCY MANAGEMENT APPROVED AS TO PROCEDURES: BY: _________________________________________ BY: __________________________ JAMES J. CHEROKE, CONTROLLER DEPARTMENT OF PUBLIC SAFETY BY: __________________________________________ 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 US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS BY: __________________________________________ ERIK A. HOOKS, SECRETARY DEPARTMENT OF PUBLIC SAFETY THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2018 EMERGENCY MANAGEMENT PREPAREDNESS GRANT PROGRAM 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 EMPG FOR OTHER FISCAL YEARS. DocuSign Envelope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ocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F Attachment 1 DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F ri"ix i ii .-.�i vj,jLNA EMERGENCY MANAGEMENT FFY 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) APPLICATION Submission Deadline: February 7,2018 EM FORM 66 A. Applicant Information (When awarded a grant, the applicant will be referred to as the sub-recipient) Applicant County of Orange, North Carolina Street Address 200 S. Cameron Street City, State, ZIP+4 Hillsborough, NC 27278 DUNS Number 069420961 Tax ID Number 56-6000327 Registered in SAM? Yes Expiration Date 16-NOV-2018 (Registration is required) B. Applicant Point of Contact Information (Primary point of contact for all communication regarding the ant) Name Kirby Saunders Agency Orange County Emergency Services Title EM Coordinator Phone(Work) 919-245-6135 Phone(Mobile) 434-517-1227 Street Address 510 Meadowlands Drive city Hillsborough I ZIP+ 4 T27278 Email I ksaunders ®ran ecoun nc. ov C. County EM Program Mana er Contact Information Name Kirby Saunders, EM Coordinator Email ksaunders@orangecountync.gov D. County Finance Director Contact Information Name Gary Donaldson Email gonaldson@orangecountync.gov E. MOA Signatory Information: (Individual who has the authority to sqw the grant agreement, if more than one signaloQ is required add contact information on separate sheet) Name Bonnie Hammersle Agency Orange County(Government) Title County Manager Street Address 200 S. Cameron Street (must be physical address, not PO Box city Hiilsborou h ZIP+4 27278 Email bhammersicy(&,orangecountync.gov Name Agency Title Street Address (must be physical address, not PO Box city ZIP+4 Email ***Please attach information for additional MOA signatory, if necessary EMPG Application Form 66 (Rev. 01/18) Page 3 of 8 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F r. 1 1 V CC! 1111V1 111slllUll Project Name Local Emergency Management Projects Project Description/Match Explanation There are several projects that will be funded by this award: 1. Equipment for EOC(wireless VO1P telephones for the EOC) 2. Enhanced EOC training and exercises for all ESF leads 3. Continued ICS/NIMS training 4. Continued P10 and Public Affairs training. 5. Continued County Level COOP development 6. Equipment for new EM vehicle/prime mover(slideout bed for pickup,command cabinet,and hazmat supplies) The total match for this grant award will be met by(salary match/in-kind/county funds). Explanation: The match for this grant will be met from salaries and county general funds Solution Area Funding Amount Match Amount Total Anticipated Total EM budget J $250,000.00 Pre Award Cost Request $0.00 $0.00 $0.00 Planning $2,000.00 $2,000.00 $4,000.00 Organization (Salary) Indicate actual percentage of time Time (%) Current Salary Date of Employment Emergency Management Program (e.g. S0% 75% 100016) in Current Position Manager devotes to work on only EM activities. Please do not include work time for EMS. 911. Fire Marshal.Safety activities, etc. 100% $61,000.00 June 30, 2014 Personnel Data: Complete for personnel supported with FFY 2018 EMPG Program funds a. All EMPG Program funds (federal and match) allocated towards local $ 0.00 emergency management personnel? b. All EMPG Program funds(federal and match) allocated towards non-local $0.00 emergency management personnel? c. Total number of local emergency management full-time equivalent(FTE) 3.0 personnel (including those supported and not supported by the EMPG Program)? d.Number of local emergency management full-time equivalent(FTE) 0 personnel supported(fully or partially) by the EMPG Program? e. Number of local emergency management personnel supported (fully or 0 partially)by the EMPG Program? Equipment $30,000.00 $30,000.00 $60.000.00 (Only AFL listed equipment) EMPG Application Form 66 (Rev. 01/18) Page 4 of 8 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F 1 raining P/,UVV.00 $2,000.00 $4,000,00 Exercise $1,000.00 $1,000.00 $1,000.00 TOTAL FUNDING $35,000.00 $35,000.00 $69,000.00 G. FEMA Reporting and Review Requirements Which Core Capability(s) best describes this project(required by FEMA for annual reporting)? https://www.fema.gov/core-capabilities N Planning ❑ Critical Transportation ® Operational Coordination ❑ Environmental Response/Health and Safety ❑ Forensics and Attribution ❑ Natural and Cultural Resources ❑ Interdiction and Disruption ❑ Fire Management and Suppression ❑ Screening, Search, and Detection ❑ Infrastructure Systems ❑ Access Control and Identity Verification ® Logistics and Supply Chain Management ❑ Physical Protective Measures ❑ On-scene Security, Protection, and Law Enforcement ❑ Supply Chain Integrity and Security ® Operational Communications ❑ Cyber Security ❑ Threats and Hazard Identification ❑ Housing ❑ Risk/Disaster Resiliency Assessment ❑ Fatality Management Services ❑ Mass Search and Rescue Operations ❑ Intelligence and Information Sharing N Public Information and Warning ❑ Community Resilience ❑ Health and Social Services ® Mass Care Services ❑ Economic Recovery ❑ Public Health and Medical Services ❑ Long-term Vulnerability Reduction ❑ Risk Management for Protection Programs and ❑ Situational Assessment Activities Environmental and Historic Preservation Does this project require new construction, renovation, retrofitting, or No modification of existing structures? Does this project require affixing equipment(e.g. TV, 'monitor, radio No equipment, etc.)to an existing structure? If you answered yes to either question above, please provide explanation: Project Milestones: Describe the major steps that will occur over the process of completing the project and include the estimated date of those steps. Project pan should be no longer than 12 months. Milestone Date mm/ Receive Grant Award 10/2018 Purchase Project Equipment 12/2018 Conduct Training and Exercises 1/2019-6/2019 Complete All Activities 9/2019 H. Certification I certify that: ® This application includes completed and accurate information. ® No project(supported through federal and/or matching funds) having the potential to impact Environmental or Historical Preservation(EHP)can be started without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Applicant must comply with all conditions placed on the project as the result of the EHP review. Any EMPG Application Form 66 (Rev. 01/18) Page 5 of 8 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F ciiniigc tv tii appi�vu NivJcti n%.Upc u, wvik c c will require re-evaluation for compliance with these EHP requirements. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. ® In accordance with HSPD-5, the adoption of the National Incident Management System(NIMS) is a requirement to receive federal preparedness assistance through grants, contracts, and other activities. By submitting this grant application, you and all participating entities are certifying that your locality/state agency is NIMS compliant. ® Submission of the project proposal does not guarantee funding. ® Any projects allocated fiends for equipment will be required to check all equipment purchases against the Allowable Equipment List(littps://www.fema.gov/authorized-equipment-list). © Any changes made to this grant application after the submission deadline must be approved by the Planning and Homeland Security Section Grants Branch Manager and an updated application must be submitted. ® Positions that are classified as sworn law enforcement officers may not be funded through EMPG. 1. State/Local FFY 2018 EMPG Agreement This is to certify that the above named agency agrees to successfully complete the activities below in full partnership with North Carolina Emergency Management and the U.S. Department of Homeland Security. The appropriate Branch Manager and/or Area Coordinator will review the progress of this agreement quarterly with the local Emergency Management Program Manager. This report will also be the basis for continued funding during this fiscal year. All universal and optional activity deliverables must be completed by September 30,2017. To receive credit for any deliverables you complete, an electronic copy for each deliverable must be uploaded into WebEOC by the deadline above and approved by state personnel. Failure to complete universal and optional activities will result in a penalty of fiends awarded that will be reflected on the FFY 2018 EMPG awards to the county. Universal Activities: 2018.01 Review and complete the NIMS reporting tool. 2018.02 Review/update county Emergency Operation/Response Plan. 2018.03 Participate in a minimum 24 hours EM training per year. 2018.04 Conduct or participate in three exercises per year. 2018.05 Complete all NIMS training requirements as outlined in NIMS five-year plan. 2018.07 Attend NCEMA Statewide Emergency Management Conferences each year. 2018.09 Review jurisdiction's authorized agents page of the Statewide Mutual Aid Agreement. 2018.52 Update county profile in the WebEOC. Optional Activities: To be selected by.the county. NOTE: As listed above to be eligible to receive EMPG funding, applicants must meet NIMS compliance requirements. The THIRA/SPR/NIMS is the required tool to report annual NIMS compliance for EMPG funds. Compliance Requirements ■ NIMS Training: IS 100; IS 200; IS 700; and IS 800. ■ FEMA Professional Development Series: IS 120; IS 230a; IS 230b; 1S 235a; IS 235b; IS 240a;.IS 241a; IS 242a; and IS 244a. EMPG Program funds used for training should support the nationwide implementation of NIMS. Recipients are encouraged to place emphasis on the core competencies as defined in the NIMS Training EMPG Application Form 66 (Rev. 01/18) Page 6 of 8 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F r auxaax Ir L iv�iuxi� �uii V� found at http://www.fema.gov/pclf/emergency/nims/nims_trainrngprogram.pdf. The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards. The NIMS Guidelines for Credentialing can be found at http://www, ema.gav/pdf/emergency/nuns/nims_cred guidelines_renort.pdf. The Federal Funding Accountability and Transparency Act(FFATA)necessitates a system to allow prime grant award and sub-award recipients to report monies received from federal funds. The FFATA Subaward Reporting System—FSRS.gov—is the system that allows grant award and contract award recipients to electronically report their sub-award monies. Each prime and sub-award recipients must be registered and renewed annually in the System for Award Management (SAM) to continue to be eligible for EMPG monies. This Agreement will become effective upon execution of all parties to the Agreement. The date of execution shall be the date of the last signature. EMPG Application Form 66 (Rev. 01/18) Page 7 of 8 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F 2018 CERTIFICATION EXECUTED THIS THE 5th DAY OF February W. Kirby Saunders (Print)Name of Local EM Program Manager ZuSigned by: S&WA ArS 2/5/2018 ff(RWfWT?6eal EM Program Manager Date *I do hereby certify that the EM Program Manager position is currently being filled by either a permanent or acting county employee. DocuSigned by: ,�..c. 21512 018 --Signature-or Local Finance Officer Date IE DocuSigned by: bW k C1GI.IMIMt Yll[ 1? 2/5/2 018 Signature o ocal Chief Executive Officer Date County of Oran EMPG Application Form 66 (Rev. 01/18) Page 8 of 8 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F 'f Emergency 17 ;, Management Class Code: 2435 Coordinator* ORANGE COUNTY GOVERNMENT Established Date:Jan 1,2012 Revision Date:Oct 18,2016 SALARY RANGE $59,347.00-$97,244.00 Annually DESCRIPTION: General Description This position performs administrative and technical work coordinating the Orange County All-Hazard Emergency Operations Plan and the Orange county Hazard Mitigation Plan, to include developing, coordinating and conducting ongoing training and exercise for major emergencies and disasters within Orange County, Towns, school/university systems and other agencies. The Emergency Management Coordinator is expected to carry out assignments without direct supervision or detailed instruction. This position must be able to use governing policies and regulations, general guidelines, organizational precedent and experience to guide their work, decisions and actions. Reports to the Director of Emergency Services. **This is a safety sensitive position and participation in the Drug and Alcohol Program is required.*" EXAMPLES OF DUTIES: A position may not Include all the work examples given, nor does the list include all that may be assigned. Coordinate emergency and disaster preparedness activities; perform a wide range of consultative, coordination, developmental, planning and evaluative responsibilities in the preparation, implementation and maintenance of emergency plans, response operations, relief, recovery, mitigation and preparedness programs Direct the Emergency Management Program by staying informed on current trends, practices, risks, and vulnerabilities. Researches and establishes emergency management strategies, policies, plans, and procedures for the Division of Emergency Management and partner agencies involved in the Emergency Management program Implement, maintain training, and activation of emergency and disaster plans within Orange County in support of the Emergency Management Program. Partner and coordinate with agencies other counties, North Carolina Emergency Management and the Federal Emergency Management agency through regular meetings, seminars, conferences, and trainings to ensure plans are coordinated and consistent with state and federal guidance Direct the county-wide Emergency Coordination Center(ECC) program and ensure Orange County Emergency Services support is provided for major incidents within Orange County. This includes managing staff and rotating with other Emergency Service personnel to cover Watch Officer responsibilities. In this capacity, EM Personnel are responsible for the Emergency Management Division operations on a 24 hour basis to respond to emergency calls, provide emergency coordination functions for Incident Commanders, direct the ECC when activated, and activate plans and policies as required Manage Emergency Services project management for multi-divisional programs and fulfill the roles of the Emergency Services Director in the absence of the Director or Deputy/Assistant Directors for Continuity of DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F Operations of Emergency Services. Manage budgets for areas of responsibility; assist in budget implementation; participate in the forecast of funding needed for staffing, equipment, materials, and supplies; administer the approved budget; manage state and federal grants for emergency management and homeland security; Present multi-hazard emergency preparedness training and education to employees, partner agencies the public and media in support of the Emergency Management program. Research and prepare technical and administrative reports; prepare written correspondence in support of the Emergency Management program and performs other duties as assigned. Prepare and edit comprehensive reports, correspondence and plans involving detail, statistical and other data or instructions. Analyze and recommend loss mitigation, prevention and control strategies, policies and programs Develop and implement emergency and education activity programs and training Lead the development and implementation of the "Situational Awareness System" platform including the ability to share a common operating picture. As delegated serve in the role of Emergency Services Director in his absences for continuity of Emergency Services Operations. TYPICAL OUALIFICATIONS: Knowledge, Skills,Abilities • Knowledge of principles and practices of organization, administration, and personnel management involving emergency services • Knowledge of principles, practices and values of effective leadership • Knowledge of modern office practices and procedures, including modern office technology and hardware such as desktop PC's, laptops printers, scanners, and IT systems and servers • Skill to communicate effectively with a variety of individuals represented diverse cultures and backgrounds and function calmly in situations which require a high degree of sensitivity, tact and diplomacy • Skills to effectively collaborate and work with teams • Skill to read, interpret and follow regulations and directives • Skill in safely operating equipment used in this position, computer, and office equipment, emergency medical equipment, light towers, generators, etc. • Ability to interpret local, State and Federal rules, regulations, ordinances, standards and directivities governing disaster and emergency services • Ability to provide prompt, efficient and responsive customer service. • Ability to exercise appropriate judgment in answering questions and releasing information; analyzing and projecting consequences of decisions and/or recommendations • Ability to deal effectively with the public, various interest groups, the community and with co-workers • Ability to establish maintain effective working relationships with elected and appointed officials, representatives from Towns, school/university systems, volunteer organizations, other agencies and the general public • Ability to prioritize short and long-range tasks while simultaneously working on multiple complex projects DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F • Ability to function independently in various job functions • Analyze and recommend loss mitigation, prevention and control strategies, policies and programs • Ability to analyze budget and technical reports with trends and issues • Develop and implement emergency and education activity programs and training • Establish and maintain effective working relationships Supervision Assignments are provided by setting overall objectives and resources available. The employee and supervisor in consultation develop deadlines, projects and work to be done. The classification supervises a division with multiple positions. Minimum Qualifications • Requires any combination of education and experience equivalent to a Bachelor's degree and six years of experience in emergency services, emergency planning, and/or emergency communications. OR Masters with three years of experience. • Possession of or ability to readily obtain a valid driver's license issued by the State of North Carolina. • IAEM Certified Emergency Manager(CEM) preferred • North Carolina Executive Emergency Manager certification preferred SUPPLEMENTAL INFORMATION: Examples of physical activities required in this position: Sitting a computer Walking between workstations Carrying equipment Possible Hazards (chemicals, dangerous machinery, etc.) Microwave/radio wave Electrical Emergency scene operations DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F O "O O O L cu i Q -a C 2t n3 �-a r. N f0 tn d +� LLI Y U "U 'A � V u 00 W OLO 0 E c c oa J ao U Q ra uj J o Q) ai D E E O i C a _ (D E E h0 t in iv cu cu LA tn car) ru (D LL O vn vi o L a ¢ Q LTJ L L (l cu 4-1 VI w 3 ¢ 00 L V -a � ►�• m -O n co O QO O o2S Ln O 0- o = _ C > V m O E N d" E — u Ln oi o k" ai U J w C: w Q f U— cn v O 0- (j O _ L (AGip U 4- -� n Q) � U can flJ Qf Q 0 O � Q N � 7• � V) [u i11 O F- p ~ LO Lot ai °' DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F 1.VAX It ii ..,,...v�,u�lA EMERGENCY MANAGEMENT FFY 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) APPLICATION Submission Deadline: February 7,2018 INSTRUCTIONS FOR COMPLETING EM FORM 66 A. Applicant Information • EM Agency Name - Type or print the official legal title of your Emergency Management (EM)agency. • Street Address, City, ZIP+4 - Type or print the street address, city, and nine digit zip code. • D-U-N-S Number - Type or print the unique nine-digit identification number for your county's agency. NOTE: Your financial personnel should be able to provide you with this number. • EIN/Tax ID Number- Type or print the unique nine-digit identification number for your county's agency. NOTE: Your financial personnel should be able to provide you with this number. • SAM Registered -Each applicant must be registered in the Federal System for Award Management(SAM)annually in order to be eligible to receive EMPG monies. The URL is https://www.sam.gov/. • Expiration Date- What is the expiration date for your SAM account? B. Applicant Point of Contact Information - Type or print the name and contact information for the person responsible for the day to day management of the grant once awarded. C. County EM Program Manager Contact Information - Type or print the name of the county Emergency Management Program Manager. NOTE: Must be the same title on the Position Description and Organization Chart. D. Finance Manaizer- Type or print the name of the county Financial Manager. NOTE: Must be the same title on the Position Description and Organization Chart. E. MOA Signatory Information - Type or print the name and contact information for the person that has signatory authority to accept the grant award on behalf of the municipality. F. Project Information • Anticipated Local EM total budget-Type or print the budget allocated by the county for the EM program • Pre-Award Cost Request- If you would like request pre-award cost please enter the amount and attach an explanation of what expenses the request will cover. • Time % - EM Program Manager will type or print the percentage of time the Program Manager devotes to Emergency Management program activities (e.g. 50%, 60%,90%, etc.). • Current Salary-Type or print the current annual salary for EM Program Manager. (Round to the nearest dollar). EMPG Application Form 66 (Rev. 01/18) Page 1 of 8 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F • vase ui nmpiuyiuew in�_uuuua Position - Enter the start date of the Emergency Management Program Manager, e.g. 02/04/2014. • Personnel Data Table - Complete the specific questions that deal with EM program staff. For the cost share or in-kind match question, explain how the county will match the federal award grant monies. In FFY 2018, EMPG has a 50% county and 50% federal cost share cash or in-kind match requirement. Federal funds cannot be matched with other federal finds. The data requested will assist in documenting the extent to which EMPG Program funding contributes to enhancing or sustaining emergency management capacity in terms of personnel support at the local level. • All EMPG Program funds(federal and match) allocated towards local emergency management personnel - Enter the dollar amount for all EMPG Program funds(federal and match)allocated for emergency management personnel. • Total number of local emergency management full-time equivalent(FTE)personnel (including those supported and not supported by the EMPG Program)- Enter the total number of emergency management full-time equivalent(FTE) personnel(including those supported and not supported by the EMPG Program). • Number of local emergency management full-time equivalent (FTE) personnel supported by the EMPG Program - Enter the number of emergency management frill-time equivalent(FTE)personnel supported by the EMPG Program. • Total number of local emergency _management personnel funded(fully or partially)bymana-e� ment personnel funded(fully or partially) the EMPG Program - Enter the total number of local emergency management personnel funded(fully or partially) by the EMPG Program. • Cost share or in-kind match explanation in detail - Enter in information as to how the county will match the federal EMPG share. Describe if funds will come from a general fund, in-kind match, etc. G. FEMA Reporting and Review Requirements • Core capabilities- Select a capability that best describes this project(required by FEMA for annual reporting). • Environmental Historical Preservation - Complete if your project involves construction, modification, or installation of equipment to a permanent fixture. • Project Milestone - Describe the steps that will help you complete this project. H. Certifications-Verify that all application information is correct. EMPG Application Form 66 (Rev. 01/18) Page 2 of 8 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F The Department of • • Security Standard Terms and Conditions 2018 The FY 2018 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2018. The DHS financial assistance awards terms and conditions flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. Assurances,Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form) Standard Form 424B Assurances—Non- Construction Programs, or OMB Standard Form 424D Assurances—Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO)may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002. DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records,accounts, documents, information,facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements,as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool (https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool)within thirty(30)days of receipt of the Notice of Award or,for State Administering Agencies,thirty(30)days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two(2)years, not every time an award is made.After the initial submission, recipients are only required to submit updates. Recipients should submit the completed tool, including supporting materials to Civil RightsEvaluation a@hg.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The United States has the right to seek judicial enforcement of these obligations. Acknowledgment of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. DHS Standard Terms & Conditions: Version 8.1 April 9, 2018 Page 1 of 5 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F The Department of • • Security Standard Terms and Conditions 2018 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42 U.S. Code, 6101 et seg.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act,which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. §§ 12101- 12213). Best Practices for Collection and Use of Recipients who collect PII are required to have a publically-available privacy Personally Identifiable Information (PII) policy that describes standards on the usage and maintenance of PII they collect. DHS defines personally identifiable information (PII)as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Civil Rights Act of 1964—Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et sep.),which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968,which prohibits recipients from discriminating in the sale, rental,financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex(See 42 U.S.C. §3601 et seg.),as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. 100.201.) Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an acknowledgement of U.S. Government sponsorship(including the award number)to any work first produced under federal financial assistance awards. Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Drug-Free Workplace Regulations You as the recipient must comply with drug-free workplace requirements in Subpart B(or Subpart C, if the recipient is an individual)of 2 CFR part 3001, which adopts the Government-wide implementation (2 CFR part 182)of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690,Title V, Subtitle D;41 U.S.C. 8101). DHS Standard Terms & Conditions: Version 8.1 April 9, 2018 Page 2 of 5 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F The Department of • • Security Standard Terms and Conditions 2018 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies,to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However,these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Education Amendments of 1972(Equal Recipients must comply with the requirements of Title IX of the Education Opportunity in Education Act)—Title IX Amendments of 1972 (20 U.S.C. § 1681 et seg.),which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Energy Policy and Conservation Act Recipients must comply with the requirements of The Energy Policy and Conservation Act(42 U.S.C. &6201)which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Recipients must comply with the requirements of The False Claims Act Remedies (31 U.S.C. §3729-3733)which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §3801-3812 which details the administrative remedies for false claims and statements made.) Federal Debt Status Recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Federal Leadership on Reducing Text Messaging Recipients are encouraged to adopt and enforce policies that ban text while Driving messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a)of the Order when on official government business or when performing any work for or on behalf of the federal government. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C. 40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, (15 U.S.C. §2225a), recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974,as amended,( 15 U.S.C. §2225). Limited English Proficiency(Civil Rights Act of Recipients must comply with the Title VI of the Civil Rights Act of 1964 1964,Title VI) (42 U.S.C. � 2000d et sea.)prohibition against discrimination on the basis of national origin,which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs._qov/quidance- DHS Standard Terms & Conditions: Version 8.1 April 9, 2018 Page 3 of 5 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F The Department of • • Security Standard Terms and Conditions 2018 published-help-department-supported-organizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov. Lobbying Prohibitions Recipients must comply with 31 U.S.C. � 1352,which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt 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 any federal action related to a federal award or contract, including any extension,continuation, renewal, amendment, or modification. National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act(NEPA)and the Council on Environmental Quality(CEQ) Regulations for Implementing the Procedural Provisions of NEPA,which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social,economic,and other needs of present and future generations of Americans. Nondiscrimination in Matters Pertaining to Faith- It is DHS policy to ensure the equal treatment of faith-based organizations in Based Organizations social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Non-supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this program are incorporated here by reference in the award terms and conditions. Recipients must comply with any such requirements set forth in the program NOFO. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. �200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. §401.14. Procurement of Recovered Materials Recipients must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973,(29 U.S.C. §794), as amended,which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS Standard Terms & Conditions: Version 8.1 April 9, 2018 Page 4 of 5 DocuSign Envelope ID:C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F The Department of Homeland Security Standard Terms and Conditions 2018 Reporting of Matters Related to Recipient Integrity If the total value of the recipient's currently active grants, cooperative and Performance agreements, and procurement contracts from all federal assistance offices exceeds$10,000,000 for any period of time during the period of performance of this federal financial assistance award, the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XI I, the full text of which is incorporated here by reference in the award terms and conditions. Reporting Subawards and Executive Recipients are required to comply with the requirements set forth in the Compensation government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A,the full text of which is incorporated here by reference in the award terms and conditions. SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Terrorist Financing Recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Trafficking Victims Protection Act of 2000 Recipients must comply with the requirements of the government-wide award term which implements Section 106(g)of the Trafficking Victims Protection Act of 2000, (TVPA)as amended by 22 U.S.C. �7104. The award term is located at 2 C.F.R. § 175.15,the full text of which is incorporated here by reference. Universal Identifier and System of Award Recipients are required to comply with the requirements set forth in the Management(SAM) government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. USA Patriot Act of 2001 Recipients must comply with requirements of the Uniting and Strenqtheninq America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C. 175-175c. Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 2409,41 U.S.C. 4712, and 10 U.S.C. §2324,41 U.S.C. §§4304 and 4310. DHS Standard Terms & Conditions: Version 8.1 April 9, 2018 Page 5 of 5