HomeMy WebLinkAbout2023-112-E-Emergency Svc-North Carolina Department of Public Safety-North Carolina Hazard Mitigation grant program grat agreement
10 March 2023
Kirby Saunders
Emergency Services Director
County of Orange
P.O. Box 8181
Hillsborough, NC 27278
Reference: Hazard Mitigation Grant Program (HMGP) Project 4393 -0042-R County of Orange: Acquisition
of one (1) Residential Structure –Period of Performance Extension Letter
Dear Mr. Davis,
North Carolina Emergency Management (NCEM) is pleased to inform you that FEMA has approved the State’s Period
of Performance Extension request for all DR-4393-NC projects, with the Period of Performance now extended to 12
March 2025.
This letter will accompany the current Fully Executed Memorandum of Agreement as an attachment and updates the
expired period of performance date on the fully executed memorandum of agreement/Grant Agreement.
Further, all conditions of the original Grant Agreement/Memorandum of Agreement remain in affect to include current
project budget, properties that are approved, reimbursement requirements, project execution requirements and
conditions causing possible termination of the agreement. Finally, the extended date for the Period of Performance
will be updated in EM Grants.
Please contact your assigned NCEM Hazard Mitigation Project Manager if you have any questions.
Steve McGugan
State Hazard Mitigation Officer
Assistant Director for Hazard Mitigation
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PROJECT: HMGP 4393-0042-R
COST CENTER: 2D530076
CFDA: 97.039
NORTH CAROLINA
HAZARD MITIGATION GRANT PROGRAM
GRANT AGREEMENT
THIS HAZARD MITIGATION GRANT PROGRAM (HMGP) AGREEMENT (the
Agreement) is entered into by and between the State of North Carolina, Department of Public
Safety, Division of Emergency Management, Raleigh, North Carolina (hereinafter referred to as
the “AGENCY/ GRANTEE”), and Orange County, North Carolina (hereinafter referred to as the
"RECIPIENT/ SUBGRANTEE").
WHEREAS, Hurricane Florence produced disastrous weather conditions which had a
devastating impact upon parts of North Carolina; and
WHEREAS, the severity of the damage loss resulted in the declaration of a disaster and/or
emergency by the Governor; and
WHEREAS, The President of the United States has concurred and has declared an
emergency or a major disaster designated DR-4393; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the
Presidential Declaration, has made available federal funds for hazard mitigation grants; and
WHEREAS, the North Carolina Emergency Management Act, N.C.G.S. §166A-19 et. seq.
and N.C.G.S. §§ 143B-1000 and 166A-19.12(10) and (13) authorize the relationship as described
herein; and
WHEREAS, the RECIPIENT/SUBGRANTEE represents that it is fully qualified,
possesses the requisite skills, knowledge, qualifications and experience to provide the services
identified herein, and does agree to perform as described herein;
NOW, THEREFORE, the AGENCY/GRANTEE and the RECIPIENT/ SUBGRANTEE
do mutually agree as follows:
(1) SCOPE OF WORK
The RECIPIENT/SUBGRANTEE shall fully perform the approved Hazard
Mitigation Grant Program (HMGP) project, as described in the approved FEMA
application as described in Attachment A, in accordance with the approved scope
of work in the approved FEMA application, the estimate of costs indicated in the
approved FEMA application, and the terms and conditions of this Agreement.
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RECIPIENT/ SUBGRANTEE shall not deviate from the approved project and the
terms and conditions of this Agreement. RECIPIENT/SUBGRANTEE shall
comply with any and all applicable codes and standards in performing work
funded under this Agreement, and shall provide any appropriate maintenance and
security for the project. The project costs are an estimate only. The final project
costs will be determined according to the policies and procedures in the applicable
North Carolina Division of Emergency Management Standard Operating
Procedure.
(2) FUNDING AND INSURANCE
The AGENCY/GRANTEE shall provide Hazard Mitigation Grant Program funds
for costs incurred in performing the project identified in the approved FEMA
application as identified in Attachment A as follows:
A. Acquisition
Total Number of Structure(s) Total Hard Costs
1 $ 293,441.00
Soft Costs/unit Total Units Total Soft Costs
$ 5,650.00 1 $ 5,650.00
Total Estimated Project Costs $ 299,091.00
The total estimated project costs are an estimate only. The final project costs will
be determined according to the policies and procedures in the applicable North
Carolina Division of Emergency Management Standard Operating Procedure.
B. Funding Sources
1. Estimated Federal Share for: HMGP 4393-0042-R $ 224,318.25
2. Estimated Local Share for: HMGP 4393-0042-R $ 0.00
3. Estimated State Share for: HMGP 4393-0042-R $ 74,772.75
4. Federal Share of Recipient/Subgrantee
Administrative Cost for: HMGP 4393-0042-R $ 14,955.00
5. State Share of Recipient/Subgrantee
Administrative Cost for: HMGP 4393-0042-R $0.00
TOTAL FOR: HMGP 4393-0042-R $ 314,046.00
The RECIPIENT/SUBGRANTEE shall utilize the forms entitled “Request for
Advance” and “Cost Report” to obtain funds under this agreement. RECIPIENT/
SUBGRANTEE shall not receive funds under this agreement if it does not submit
Cost Report or Request For Advance forms. To receive funds under this
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agreement, RECIPIENT/ SUBGRANTEE shall complete the Designated Agent
Form and forward it to the appropriate Division of Emergency Management
Hazard Mitigation Grant Program Project Manager or Hazard Mitigation
Specialist. As per Paragraph 12(c) of this Agreement, if RECIPIENT/
SUBGRANTEE designates different representatives or designated agents,
RECIPIENT/ SUBGRANTEE shall notify AGENCY/GRANTEE.
To receive funds under this agreement, the Designated Agent shall sign the Cost
Report or Request for Advance Form. These forms are hereby incorporated into
this Agreement by reference. Following full execution of this Agreement, the
Fiscal Section of the Department of Public Safety will forward the Cost Report to
the RECIPIENT/ SUBGRANTEE. RECIPIENT/ SUBGRANTEE shall complete
the Cost Report and attach appropriate invoices or other appropriate
documentation and forward it to the appropriate Division of Emergency
Management Hazard Mitigation Grant Program Project Manager or Hazard
Mitigation Specialist. AGENCY/ GRANTEE will reimburse RECIPIENT/
SUBGRANTEE for eligible costs in increments of Five Hundred Dollars
($500.00) or greater.
The final payment of funds will be made only after project completion, submission
of all required documentation, final inspection, and a request for final
reimbursement.
RECIPIENT/SUBGRANTEE agrees, as a condition of receipt of funding pursuant
to this Agreement, to obtain reasonably available, adequate, and necessar y
insurance for the type or types of hazard for which the major disaster was declared,
in accordance with the requirements of 44 C.F.R. 206 subpart I and 2 C.F.R. Part
200.
(3) DUPLICATION OF BENEFITS PROHIBITION
In accordance with the provisions of 42 U.S.C. §5155 (Section 312 of the Stafford
Act) duplication of benefits is prohibited. The RECIPIENT/ SUBGRANTEE shall
notify the AGENCY/GRANTEE, as soon as practicable, of the existence of any
insurance coverage for the costs identified in the application, and of any
entitlement to or recovery of funds from any other source for the project costs,
including Small Business Administration funding, Minimum Home Repair funds,
and other Federal, State and private funding. Allowable costs shall be reduced by
the amount of duplicate sources available. The RECIPIENT/ SUBGRANTEE shall
be liable to the AGENCY/GRANTEE to the extent that the RECIPIENT/
SUBGRANTEE receives duplicate benefits from any other source for the same
purposes for which the RECIPIENT/ SUBGRANTEE has received payment from
the AGENCY/GRANTEE.
The RECIPIENT/SUBGRANTEE shall immediately remit to the AGENCY/
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GRANTEE any duplication of benefits payment received by the RECIPIENT/
SUBGRANTEE. In the event the AGENCY/ GRANTEE determines a duplication
of benefits has occurred RECIPIENT/SUBGRANTEE hereby authorizes the
Controller of the Department of Public Safety to offset action against any other
available funding due the RECIPIENT/SUBGRANTEE. In addition,
RECIPIENT/SUBGRANTEE shall ensure, as a condition of funding under this
Agreement, that all required Privacy Act releases and Duplication of Benefit
paperwork is completed.
(4) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Both the RECIPIENT/SUBGRANTEE and the AGENCY/GRANTEE shall be
governed by applicable State and Federal laws, rules regulations, executive orders,
policies, procedures and directives, including but not limited to, those identified in
Attachments B, C, and D.
(5) PERIOD OF AGREEMENT
This Agreement becomes effective upon execution of the signatures of all parties.
The date of execution shall be the date of the last signature. The termination date
is March 12, 2023 unless terminated earlier in accordance with the provisions of
paragraphs (6), (8), (11), (13) or (17).
(6) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement.
Changes, which are mutually agreed upon, shall be valid only when reduced in
writing, duly signed by each of the parties hereto, and attached in the original of
this Agreement.
(7) RECORD KEEPING, PROCUREMENT AND PROPERTY
MANAGEMENT
(a) If applicable, RECIPIENT/SUBGRANTEE's performance under this
Agreement shall be subject to 2 C.F.R. Part 200, "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards,” Subpart B, "General Provisions".
(b) If applicable, all financial and programmatic records, supporting
documents statistical records and other records of RECIPIENT/
SUBGRANTEE shall be retained pursuant to 2 C.F.R. Part 200 and 09
NCAC Part 3M. All original records pertinent to this Agreement shall be
retained by the RECIPIENT/SUBGRANTEE for five years following the
date of termination of this Agreement or of submission of the final closeout
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report, whichever is later, with the following exceptions:
If any litigation, claim or audit is started before the expiration of the
five year period and extends beyond the five year period, the records
will be maintained until all litigation, claims or audit findings involving
the records have been resolved.
(c) All records, including supporting documentation of all program costs, shall
be sufficient to determine compliance with the requirements and other
applicable laws and regulations.
(d) The RECIPIENT/SUBGRANTEE, its employees or agents, including all
subcontractors or consultants to be paid from funds provided under this
Agreement, shall allow access to its records at reasonable times to the
AGENCY/GRANTEE, its employees, and agents. "Reasonable" shall be
construed according to the circumstances but ordinarily shall mean during
normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents" shall include, but not be limited to, auditors
retained by the AGENCY/GRANTEE.
(8) REPORTS
(a) The RECIPIENT/SUBGRANTEE shall provide monthly progress reports
to the AGENCY/GRANTEE, using the Progress Report Form. Progress
Reports are due by the tenth of the following month. The approved FEMA
application as described in Attachment A, incorporated by reference,
includes the timeline and tasks for the work schedule.
In order to complete the project before the end of the period of performance
established by FEMA in the FEMA award letter,
RECIPIENT/SUBGRANTEE shall provide its Project Management
Schedule to the AGENCY/GRANTEE that outlines
RECIPIENT/SUBGRANTEE’s plan for completion and that track and
demonstrate completion of each task listed in the approved FEMA
application by the timeframe listed in the approved FEMA application.
The Scope of Work and Budget are listed in the approved FEMA
application, the FEMA award letter, Attachment A, and the Excel
Development Spreadsheet or Workbook. The Excel Development
Spreadsheet or Workbook lists the Soft Costs, Hard Costs, and other costs
for the project. RECIPIENT/SUBGRANTEE shall provide its Budget for
the project and for managing the project to AGENCY/SUBGRANTEE.
RECIPIENT/SUBGRANTEE must obtain prior written approval from
AGENCY/GRANTEE before exceeding any cost line amount listed for
Soft Costs, Hard Costs, or other costs in the Excel Development
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Spreadsheet or Workbook.
RECIPIENT/SUBGRANTEE shall provide a business plan to
AGENCY/SUBGRANTEE regarding the method of procurement of
contractors and subcontractors to implement the project in the approved
application in accordance with 2 CFR Part 200 and other applicable
federal, state and local requirements. RECIPIENT/SUBGRANTEE shall
submit a copy of its Procurement Letter to AGENCY/GRANTEE that
identifies the method of procurement and procurement policies and
procedures for the procurement of its contractors.
RECIPIENT/SUBGRANTEE shall provide AGENCY/GRANTEE copies
of RECIPIENT’s procurement document (Invitation For Bids, Request For
Proposal, etc.), advertisement of the procurement, responses received,
selected or awarded bid or contractor, and contracts.
RECIPIENT/SUBGRANTEE’s Project Management Schedule and its
Budget are due to AGENCY/GRANTEE forty-five (45) days from the date
of execution of the grant agreement. The Project Management Schedule,
Budget, Progress Reports, and other reports shall indicate the status and
completion date for each project funded, any problems or circumstances
affecting completion dates, or the scope of work, or the project costs, and
any other factors reasonably anticipated to result in noncompliance with the
terms of the grant award. Interim inspections shall be scheduled by the
RECIPIENT/SUBGRANTEE prior to the final inspection and may be
requested by the AGENCY/GRANTEE based on information supplied in
the progress reports.
The AGENCY/GRANTEE may require additional reports as needed. The
RECIPIENT/ SUBGRANTEE shall, as soon as possible, provide any
additional reports or documentation requested by the
AGENCY/GRANTEE. The AGENCY/ GRANTEE contact will be the
Division of Emergency Management Hazard Mitigation Grant Program
Project Manager or Hazard Mitigation Specialist for all reports and
requests for reimbursement.
(b) RECIPIENT/SUBGRANTEE shall provide the AGENCY/ GRANTEE
with a close-out report on forms provided by the AGENCY/GRANTEE.
The close-out report is due no later than forty-five (45) days after
termination of this Agreement or upon completion of the activities
contained in this Agreement.
(c) If all required reports or documentation and copies are not sent to the
AGENCY/ GRANTEE or are not completed in a manner acceptable to the
AGENCY/GRANTEE, the AGENCY/ GRANTEE may withhold further
payments until they are completed or may take such other action as set
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forth in paragraph (11). The AGENCY/GRANTEE may terminate the
Agreement with a RECIPIENT/ SUBGRANTEE if reports are not received
within thirty (30) days after written notice by the AGENCY/ GRANTEE.
"Acceptable to the AGENCY/GRANTEE" means that the work product
was completed in accordance with generally accepted principles and is
consistent with the Budget and Scope of Work, Attachment A.
(d) Upon request by the AGENCY/GRANTEE, the RECIPIENT/
SUBGRANTEE shall provide such additional program updates,
documentation or information as may be required by the
AGENCY/GRANTEE.
(9) MONITORING
The RECIPIENT/SUBGRANTEE shall constantly monitor its performance under
this Agreement to ensure that time schedules are being met, the Budget and Scope
of Work is being accomplished within specified time periods, and other
performance goals are being achieved. Such review shall be made for each
function, or activity set forth in Attachment A to this Agreement and incorporated
by reference herein.
(10) LIABILITY
(a) 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.
(b) Except as otherwise provided in subparagraph (c) below, the RECIPIENT/
SUBGRANTEE shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this agreement, and shall save the
AGENCY/GRANTEE harmless against all claims of whatever nature by
third parties arising out of the performance of work under this agreement.
For purposes of this agreement, RECIPIENT/SUBGRANTEE agrees that it
is not an employee or agent of the AGENCY/GRANTEE, but is an
independent contractor.
(c) RECIPIENT/SUBGRANTEE who is a state agency or subdivision, agrees
to be fully responsible for its own negligent acts or omissions or tortious
acts. Nothing herein is intended to serve as a waiver of sovereign
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immunity by any RECIPIENT/ SUBGRANTEE to which sovereign
immunity applies. Nothing herein shall be construed as consent by a state
agency or subdivision of the State of North Carolina to be sued by third
parties in any matter arising out of any contract.
(11) DEFAULT: REMEDIES: TERMINATION
(a) If any of the following events occur ("Events of Default"), all obligations
on the part of the AGENCY/GRANTEE to make any further payment of
funds hereunder shall, if the AGENCY/ GRANTEE so elects, terminate,
and the AGENCY/GRANTEE may at its option exercise any of its
remedies set forth herein, but the AGENCY/GRANTEE may make any
payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
1. If any warranty or representation made by the RECIPIENT/
SUBGRANTEE in this Agreement or any previous Agreement with
the AGENCY/GRANTEE shall at any time be false or misleading
in any respect, or if the RECIPIENT/SUBGRANTEE shall fail to
keep, observe or perform any of the terms or covenants contained in
this Agreement or any previous agreement with the AGENCY/
GRANTEE and has not cured such in timely fashion, or is unable or
unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition
of the RECIPIENT/SUBGRANTEE at any time during the term of
this Agreement from the financial condition revealed in any reports
filed or to be filed with the AGENCY/GRANTEE, and the
RECIPIENT/ SUBGRANTEE fails to cure said material adverse
change within thirty (30) days from the time the date written notice
is sent by the AGENCY/GRANTEE;
3. If any reports required by this Agreement have not been submitted
to the AGENCY/GRANTEE or have been submitted with incorrect,
incomplete or insufficient information;
4. If the RECIPIENT/SUBGRANTEE has failed to perform and
complete in timely fashion any of the services required under the
Budget and Scope of Work attached hereto as "Attachment A".
5. If the necessary funds are not available to fund this agreement as a
result of action by the United States Congress, the N.C. General
Assembly, or the Office of State Budget and Management.
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(b) Upon the happening of an Event of Default, then the AGENCY/
GRANTEE may, at its option, upon written notice to the RECIPIENT/
SUBGRANTEE and upon the RECIPIENT/ SUBGRANTEE's failure to
timely cure, exercise any one or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one of the following
remedies shall not preclude the AGENCY/GRANTEE from pursuing any
other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the RECIPIENT/
SUBGRANTEE is given at least fifteen (15) days prior written
notice of such termination. The notice shall be effective when
placed in the United States mail, first class mail, postage prepaid,
by registered or certified mail return receipt requested, to the
address set forth in paragraph (12) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any other rights or remedies which may otherwise be
available under law.
(c) The AGENCY/GRANTEE may terminate this Agreement for cause upon
such written notice to RECIPIENT/SUBGRANTEE of such termination
and specifying the effective date thereof, at least one (1) day before the
effective date of termination. Cause shall include, but not be limited to,
misrepresentation in the grant application, misuse of funds; fraud; lack of
compliance with applicable rules, laws and regulations; failure to perform
in a timely manner, and refusal by the RECIPIENT/SUBGRANTEE to
permit public access to any document, paper, letter, or other material
subject to disclosure under N.C. General Statutes.
(d) Termination for Convenience: If this contract contemplates deliveries or
performance over a period of time, the AGENCY/GRANTEE may
terminate this Agreement at any time by providing fifteen (15) days’ notice
in writing from the AGENCY/GRANTEE to the
RECIPIENT/SUBGRANTEE. In that event, any or all finished or
unfinished deliverables prepared by the RECIPIENT/SUBGRANTEE or its
contractors or subcontractor’s under this Agreement shall, at the option of
the AGENCY/GRANTEE, become its property. If the Agreement is
terminated by the AGENCY/GRANTEE as provided in this section, the
AGENCY/GRANTEE shall reimburse for those eligible items for which
such option is exercised, less any payment or compensation previously
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made.
(e) Suspension or termination constitutes final AGENCY/GRANTEE action.
Notification of suspension or termination shall include notice of
administrative hearing rights and time frames.
(f) The RECIPIENT/SUBGRANTEE shall return funds to the AGENCY/
GRANTEE if found in non-compliance with laws, rules, regulations
governing the use of the funds or this Agreement.
(g) Notwithstanding the above, the RECIPIENT/SUBGRANTEE shall not be
relieved of liability to the AGENCY/GRANTEE by virtue of any breach of
Agreement by the RECIPIENT/SUBGRANTEE. The AGENCY/
GRANTEE may, to the extent authorized by law, withhold any payments to
the RECIPIENT/SUBGRANTEE for purpose of set-off until such time as
the exact amount of damages due the AGENCY/GRANTEE from the
RECIPIENT/ SUBGRANTEE is determined.
(12) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in
writing, first class, certified mail, return receipt requested, to the
representative identified below and said notification attached to the original
of this Agreement.
(b) The name and address of the AGENCY/GRANTEE contract manager for
this Agreement is:
Hazard Mitigation Grants Manager
NCEM Hazard Mitigation Section
Department of Public Safety
Division of Emergency Management
4105 Reedy Creek Road
Raleigh, NC 27607
(c) The name and address of the Representative of the RECIPIENT/
SUBGRANTEE (Designated Agent) responsible for the administration of
this Agreement is:
Mailing Address:
Kirby Saunders
Emergency Services Director
PO Box 8181
Hillsborough, NC 27278
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Overnight Address:
Kirby Saunders
Emergency Services Director
510 Meadowlands Dr.
Hillsborough, NC 27278
In the event that different representatives (designated agents) are
designated by either party after execution of this Agreement, notice of the
name, title and address of the new representative (new designated agent)
will be rendered as provided in (12)(a) above. To receive funds under this
agreement, RECIPIENT/ SUBGRANTEE shall complete the Designated
Agent Form and forward it to the appropriate Division of Emergency
Management Hazard Mitigation Grant Program Project Manager or Hazard
Mitigation Specialist. To receive funds under this agreement, the
Designated Agent shall sign the Cost Report or Request for Advance Form.
(13) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the
RECIPIENT/SUBGRANTEE, in the Application, in any subsequent
submission or response to the AGENCY/ GRANTEE request, or any
submission or response to fulfill the requirements of this Agreement, and
such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at
the option of the AGENCY/GRANTEE and with thirty (30) days written
notice to the RECIPIENT/SUBGRANTEE, cause the termination of this
Agreement and the release of the AGENCY/ GRANTEE from all its
obligations to the RECIPIENT/ SUBGRANTEE.
(b) This Agreement shall be construed under the laws of the State of North
Carolina and venue for any actions arising out of this Agreement shall be
filed in State Court in Wake County, North Carolina. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise
unenforceable, then such provision shall be deemed null and void to the
extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) No waiver by the AGENCY/GRANTEE of any right or remedy granted
hereunder or failure to insist on strict performance by the RECIPIENT/
SUBGRANTEE shall affect or extend or act as a waiver of any other right
or remedy of the AGENCY/GRANTEE hereunder, or affect the subsequent
exercise of the same right or remedy by the AGENCY/ GRANTEE for any
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further or subsequent default by the RECIPIENT/ SUBGRANTEE. Any
power of approval or disapproval granted to the AGENCY/ GRANTEE
under the terms of this Agreement shall survive the terms and life of this
agreement as a whole.
(14) AUDIT REQUIREMENTS
(a) If applicable, RECIPIENT/SUBGRANTEE shall provide the following
completed documentation to the AGENCY/GRANTEE:
Designation of Applicant’s Agent;
State-Applicant Disaster Assistance Agreement;
Private Non-Profit Organization Certification (if required);
Summary of Documentation Form itemizing actual costs expended for
large project payment requests;
Monthly Progress Reports;
Hard copies of Single Audit Reports within 60 days of close of fiscal
year.
If the RECIPENT/SUBGRANTEE fails to provide any of the
documentation discussed or requested in this Agreement, the AGENCY/
GRANTEE will be under no obligation to reimburse the RECIPIENT/
SUBGRANTEE for eligible expenses.
(b) The RECIPIENT /SUBGRANTEE agrees to maintain financial procedures
and support documents and to establish and maintain a proper accounting
system to record expenditures of disaster assistance funds in accordance
with generally accepted accounting principles or as directed by the
Governor’s Authorized Representative, to account for the receipt and
expenditure of funds under this Agreement. If applicable, RECIPIENT/
SUBGRANTEE shall conduct audit(s) pursuant to the Single Audit Act of
1984, 31 U.S.C. §7501 et. seq., 44 C.F.R. Part 14, OMB Circular A-133,
"Audits of States, Local Governments, and Non-profit Organizations," for
awards prior to December 26, 2014, 2 C.F.R. Part 200 and applicable
North Carolina laws, rules and regulations. Further,
RECIPIENT/SUBGRANTEE must provide a hard copy of the Single Audit
Report within sixty (60) days of the close of its fiscal year. Otherwise,
pursuant to 2 CFR 200.338, the AGENCY/GRANTEE may withhold or
suspend payments under any grant award.
(c) These records shall be available at all reasonable times for inspection,
review, or audit by the N.C. State Auditor and other personnel duly
authorized by the AGENCY/GRANTEE. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business
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hours of 8:00 a.m. to 5:00 p.m., Eastern Standard Time, Monday through
Friday.
(d) The RECIPIENT/SUBGRANTEE shall also provide the AGENCY/
GRANTEE with the records, reports or financial statements upon request
for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(e) The RECIPIENT/SUBGRANTEE shall provide the AGENCY/GRANTEE
and the Office of the State Auditor with an annual financial audit report.
The annual financial audit report shall include all management letters and
the RECIPIENT/SUBGRANTEE's response to all findings, including
corrective actions to be taken.
(f) In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of
this Agreement, the RECIPIENT/SUBGRANTEE shall be held liable for
reimbursement to the AGENCY/GRANTEE of all funds not spent in
accordance with these applicable regulations and Agreement provisions
within thirty (30) days after the AGENCY/GRANTEE has notified the
RECIPIENT/SUBGRANTEE of such non-compliance.
(g) The RECIPIENT/SUBGRANTEE shall retain all financial records,
supporting documents, statistical records, and any other documents
pertinent to this contract for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an
audit has been initiated prior to the expiration of the five-year period, the
records shall be retained until the litigation or audit findings have been
resolved.
(15) SUBCONTRACTS
(a) If the RECIPIENT/SUBGRANTEE subcontracts any or all of the work
required under this Agreement, the RECIPIENT/SUBGRANTEE agrees to
include in the subcontract that the subcontractor is bound by the terms and
conditions of this Agreement with the AGENCY/GRANTEE.
(b) The RECIPIENT/SUBGRANTEE agrees to include in the subcontract that
the subcontractor shall hold the AGENCY/GRANTEE and RECIPIENT/
SUBGRANTEE harmless against all claims of whatever nature arising out
of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law.
(c) If the RECIPIENT/SUBGRANTEE subcontracts, a copy of the executed
subcontract must be forwarded to the AGENCY/GRANTEE within ten
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(10) days of execution of said subcontract.
(d) If subcontracts are to be let, the prime contractor is required to take all
necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that
small and minority businesses, women’s business enterprises, and labor
surplus area firms are used when possible.
(e) Contractual arrangement shall in no way relieve the RECIPIENT/
SUBGRANTEE of its responsibilities to ensure that all funds issued
pursuant to this grant be administered in accordance with all state and
federal requirements.
(16) TERMS AND CONDITIONS
This Agreement and any exhibits and amendments annexed hereto and any
documents incorporated specifically by reference represents the entire Agreement
between the parties and supersedes all prior oral and written statements or
agreements.
(17) STANDARD CONDITIONS
The RECIPIENT/SUBGRANTEE agrees to be bound by the following standard
conditions:
(a) The State of North Carolina's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature and is
contingent upon Congress providing Hazard Mitigation Grant Program funds for
projects.
(b) If otherwise allowed under this Agreement, extension of an agreement for
contractual services shall be in writing and shall be subject to the same terms and
conditions set forth in the initial agreement.
(c) If RECIPIENT/SUBGRANTEE requires an extension of the current Period
of Performance (POP) for this project, then RECIPIENT/SUBGRANTEE must
prepare and submit a Request For Extension to the State Hazard Mitigation Officer
no later than ninety (90) days prior to the expiration of the POP for this award.
The Request for Extension must be on letterhead, provide all the required
information outlined in Part VI, Paragraph D.4.1 Extensions (pg. 86-87) in the
Hazard Mitigation Guidance (February 2015) and signed by the DA.
(d) The AGENCY/GRANTEE reserves the right to unilaterally cancel this
Agreement for refusal by the RECIPIENT/SUBGRANTEE to allow public access
to all documents, papers, letters or other material subject to the provisions of the
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N.C. General Statutes and made or received by the
Contractor/RECIPIENT/SUBGRANTEE in conjunction with the Agreement.
(18) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully
herein.
(b) In the event of any inconsistency or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments
shall be controlling, but only to the extent of such conflict or inconsistency.
(c) This Agreement includes the following attachments or documents
incorporated by reference as if fully set out herein:
1. Attachment A Approved Project Budget & Scope of Work
2. Attachment B Program Statutes and Regulations
3. Attachment C Lobbying Prohibition/Certification
4. Attachment D Statement of Assurances
5. Attachment E Special Conditions
(19) FUNDING/CONSIDERATION
(a) Any advance payment under this Agreement is subject to the approval of
the AGENCY/GRANTEE. The amount which may be advanced may not
exceed the expected cash needs of the RECIPIENT/SUBGRANTEE for a
three-day period for the specific project. For a federally funded contract,
any advance payment is also subject to 44 C.F.R. Part 13, Federal OMB
Circulars, A-110, A-122 and the Cash Management Improvement Act of
1990 for awards prior to December 26, 2014 and 2 C.F.R. Part 200. If an
advance payment is requested, the budget data on which the request is
based and a justification statement shall be submitted to the Division of
Emergency Management Contract Manager using the Cost Report and
Request for Advance Form. RECIPIENT/ SUBGRANTEE shall specify
the amount of advance payment needed, project number and provide an
explanation of the necessity for and proposed use of these funds.
(b) All funds shall be requested using the appropriate forms that are provided
by the AGENCY/GRANTEE.
(20) STATE LOBBYING PROHIBITION
No funds or other resources received from the AGENCY/GRANTEE in
connection with this Agreement may be used directly or indirectly to influence
legislation or any other official action by the N.C. General Assembly or any state
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department.
Refer to Attachment C for additional terms and provisions relating to lobbying.
(21) LEGAL AUTHORIZATION
The RECIPIENT/SUBGRANTEE certifies with respect to this Agreement that it
possesses the legal authority to receive the funds to be provided under this
Agreement and that, if applicable, its governing body has authorized, by resolution
or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The RECIPIENT/SUBGRANTEE also certifies
that the undersigned possesses the authority to legally execute and bind
RECIPIENT/SUBGRANTEE to the terms of this Agreement.
(22) ASSURANCES
The RECIPIENT/SUBGRANTEE shall execute and comply with the Statement of
Assurances incorporated as Attachment D.
(23) SPECIAL CONDITIONS
(a) The RECIPIENT/SUBGRANTEE shall comply with the special conditions
set forth in Attachment E, attached hereto and incorporated by this
reference.
(b) Failure of the RECIPIENT/SUBGRANTEE to comply with the special
conditions listed in Attachment E or the program statutes and regulations in
Attachments B and D of this Agreement shall be cause for the immediate
suspension of payments or the immediate termination of this Agreement.
(24) HAZARD MITIGATION PLAN
If RECIPIENT/SUBGRANTEE is a local governmental entity, RECIPIENT/
SUBGRANTEE shall complete, adopt, and update an all-hazards mitigation plan
in a manner satisfactory to the State Hazard Mitigation Officer and in accordance
with FEMA and State requirements including but may not be limited to, 44 C.F.R.
201.6, 44 CFR 201.3, and NCGS 166A-19.41. The all-hazards mitigation plan
shall be developed in accordance with the minimum criteria for local hazard
mitigation plans as determined by the AGENCY/GRANTEE. The minimum
criteria are incorporated by reference into this Agreement as if fully set out herein
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IN WITNESS WHEREOF, the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE have each executed
this Agreement, this the day of , 2022.
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF PUBLIC SAFETY
WITNESS:
______________________________ BY: ______________________________________
WILLIAM C. RAY, DIRECTOR
DIVISION OF EMERGENCY MANAGEMENT
DATE
WITNESS:
______________________________ BY: ______________________________________
CASANDRA S. HOEKSTRA
CHIEF DEPUTY SECRETARY ADMINISTRATION
DEPARTMENT OF PUBLIC SAFETY
DATE
WITNESS:
______________________________ BY: _______________________________________
KIRBY SAUNDERS
EMERGENCY SERVICES DIRECTOR
FEDERAL EMPLOYER I.D. # 56-6000327
DATE
APPROVED AS TO PROCEDURES:
BY: _______________________________________
DANIELLE J. WARD, BUDGET DIRECTOR
DEPARTMENT OF PUBLIC SAFETY
DATE
APPROVED AS TO FORM SUBJECT TO EXECUTION BY CASANDRA S. HOEKSTRA, CHIEF DEPUTY
SECRETARY, ADMINISTRATION OF DEPARTMENT OF PUBLIC SAFETY.
DEPARTMENT OF PUBLIC SAFETY
BY: _________________________________
DEPUTY GENERAL COUNSEL
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3/18/2022 | 16:38:39 EDT
3/28/2022 | 17:53:30 EDT
3/28/2022 | 20:20:17 EDT
3/29/2022 | 17:30:24 EDT
3/29/2022 | 17:30:24 EDT
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A-1
ATTACHMENT A
BUDGET AND SCOPE OF WORK
RECIPIENT/SUBGRANTEE shall implement the Hazard Mitigation project summarized
below and as described in the approved project application (Project # HMGP 4393-0042-R). That
Application is hereby incorporated by reference into this Agreement. The AGENCY/GRANTEE
shall reimburse eligible costs according to the following expenditures:
I. Hazard Mitigation Grant Program Funds:
A. Acquisition
Total Number of Structure(s) Total Hard Costs
1 $ 293,441.00
Soft Costs/unit Total Units Total Soft Costs
$ 5,650.00 1 $ 5,650.00
Total Estimated Project Costs $ 299,091.00
The total estimated project costs are an estimate only. The final project costs will
be determined according to the policies and procedures in the applicable North
Carolina Division of Emergency Management Standard Operating Procedure.
B. Funding Sources
1. Estimated Federal Share for: HMGP 4393-0042-R $ 224,318.25
2. Estimated Local Share for: HMGP 4393-0042-R $ 0.00
3. Estimated State Share for: HMGP 4393-0042-R $ 74,772.75
4. Federal Share of Recipient/Subgrantee
Administrative Cost for: HMGP 4393-0042-R $ 14,955.00
5. State Share of Recipient/Subgrantee
Administrative Cost for: HMGP 4393-0042-R $0.00
TOTAL FOR: HMGP 4393-0042-R $ 314,046.00
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A-2
II. Scope of Work Summary
Orange County will acquire and demolish one private residential structure to return
the land to green space.
Site Location:
Address City State Zip Code Latitude Longitude
503 Brandywine Road Chapel Hill NC 28515 35.866966 -79.09215
The following project conditions must be met:
• Any change to the approved scope of work will require re-evaluation for
compliance with NEPA and other Laws and Executive Orders.
• This review does not address all federal, state, and local requirements.
Acceptance of federal funding requires recipient to comply with all federal, state,
and local laws. Failure to obtain all appropriate federal, state, and local
environmental permits and clearances may jeopardize federal funding.
• If ground disturbing activities occur during construction, applicant will monitor
ground disturbance and if any potential archeological resources are discovered,
will immediately cease construction in that area and notify the State and FEMA.
Special Conditions:
• NHPA: If archaeological features (e.g., middens, refuse/storage pits, privies,
wells, cisterns) are discovered during ground disturbing activities, work in the
vicinity of the discovery will stop immediately and all reasonable measures will be
taken to avoid or minimize harm to the discovery. The applicant’s contractor will
ensure that archaeological discoveries are secured in place and restrict access to the
sensitive area. The contractor will immediately notify such discoveries to the
applicant, who shall then contact the Office of State Archaeology
(OSA)/SHPO/THPO and FEMA within 24 hours of the discovery. Work in the
vicinity of the discovery may not resume until FEMA has completed consultation
with OSA/SHPO, Tribes, and other consulting parties as necessary.
• NHPA: If human remains are encountered during permitted activities, all work
shall stop immediately and OSA/SHPO/THPO and FEMA contacted immediately,
with conditions followed identical to those stipulated for archaeological feature
discovery. In cases where human remains are determined to be Native American,
FEMA shall consult with the appropriate Tribal representative(s), State
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Archaeologist, and the Executive Director of the North Carolina Commission of
Indian Affairs, and SHPO. Additionally, FEMA shall follow the guidelines
outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites,
Human Remains, and Funerary Objects (February 23, 2007) and any State-specific
policies that may be enforced.
• NHPA: Applicant must adhere to all stipulations in the attached Lower Impact
Demolition Stipulations document.
• RCRA: Unusable equipment, debris and material shall be disposed of in an
approved manner and location. In the event significant items (or evidence thereof)
are discovered during implementation of the project, applicant shall handle,
manage, and dispose of petroleum products, hazardous materials, and toxic waste
in accordance to the requirements and to the satisfaction of the governing local,
state, and federal agencies.
• RCRA: If any asbestos containing material, lead based paint, and/or other toxic
materials are found during construction activities, the applicant must comply with
all federal, state, and local abatement and disposal requirements. Upon closeout,
the applicant must provide Notice of Demolition or Asbestos Renovation forms
and confirmation that any ACM were taken to an authorized landfill for such
materials.
• SHM&SW Condition: The applicant shall ensure that all debris is separated and
disposed of in a manner consistent with NCDEQ, disposal at permitted facilities
guidelines or at a disposal site or landfill authorized by NCDEQ. The applicant is
responsible for ensuring contracted removal of debris also follows these
guidelines. Failure to comply with these conditions may jeopardize FEMA
funding; verification of compliance will be required at project closeout.
FEMA will not establish activity completion timeframes for individual sub-grants;
therefore, all activities in the scope of work should be completed and submitted to
FEMA in a timely manner to allow completion. The Period of Performance
(POP) date for the overall grant, DR-4393-NC, is March 12, 2023. In
accordance with HMGP rules and policy, we will require the submittal of all
closeout documentation within 90 days, no later than June 12, 2023.
This project must adhere to all program guidelines established for the Hazard
Mitigation Grant Program.
For close-out of this project, the Governor’s Authorized Representative shall send
a letter of request to close the project programmatically and financially. The letter
will include the following: the date work on the project was fully completed, the
date of the Grantee’s final site inspection for the project, the final total project cost
and Federal share, any cost underrun, a certification that reported costs were
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incurred in the performance of eligible work, that the approved work was
completed, that the required programmatic, environmental, and any other
conditions were met (including attachment of any required documentation) and
that the mitigation measure is in compliance with the provisions of the Agreement
Articles and this approval letter.
The State (grantee) must obtain prior approval from the Federal Emergency
Management Agency (FEMA) before implementing changes to the approved
project SOW. Per the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments:
• The grantee must obtain prior written approval for any budget revision which
would result in a need for additional funds.
• A change in the scope of work must be approved by FEMA in advance regardless
of the budget implications.
• The grantee must notify FEMA as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay
completion, or favorable conditions allowing lower cost or earlier completion.
• Any extensions of the grant POP must be submitted to FEMA 60 days prior to
the expiration date.
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ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
This Agreement, the North Carolina Legislature and the Hazard Mitigation Grant Program
grants are governed by the following statutes, regulations, procedures and policies:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
§5121 et. seq.;
(2) 44 C.F.R. parts 7, 9, 10, 18, 25, 206, 209, 220, 2 C.F.R. Part 200, and any other
applicable FEMA policy memoranda and guidance documents;
(3) Chapter 166A of the N.C. General Statutes, N.C.G.S. § 166A-19.1 et. seq., “The
N.C. Emergency Management Act”;
(4) State of North Carolina Administrative Plan for the Hazard Mitigation Grant
Program and policies and procedures of the N.C. Division of Emergency
Management;
(5) All applicable laws and regulations delineated in Attachments D&E of this
Agreement;
(6) All applicable laws, ordinances, codes, rules, regulations, licensing requirements
and other regulatory matters that are applicable to the work performance under this
Agreement, including those of federal, state and local agencies having appropriate
jurisdiction.
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ATTACHMENT C
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a member of the N.C. Legislature, 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, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all SUB-
RECIPIENT/SUBGRANTEES 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.
The RECIPIENT/SUBGRANTEE certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the RECIPIENT/SUBGRANTEE
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False
Claims and Statements, apply to this certification and disclosure, if any.
RECIPIENT/SUBGRANTEE
BY:____________________________
Kirby Saunders
Emergency Services Director
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ATTACHMENT D
STATEMENT OF ASSURANCES
The RECIPIENT/SUBGRANTEE hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the
proposed program.
(b) Its governing body has duly adopted or passed as an official act a resolution,
motion or similar action authorizing the filing of the HMGP application to FEMA,
including all understandings and assurances contained therein, and directing and
authorizing the RECIPIENT/SUBGRANTEE's chief executive officer to act in
connection with the application and to provide such additional information as may
be required.
(c) No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this agreement or to any
benefit to arise from the same. No member, officer, or employee of the
RECIPIENT/SUBGRANTEE, or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other
public official of such locality or localities who exercises any functions or
responsibilities with respect to program during his tenure or for one year thereafter,
shall have any interest direct or indirect, in any contract or program assisted under
this agreement. The RECIPIENT/SUBGRANTEE shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purposes stated above.
(d) It will comply with and conduct audit(s) pursuant to the Single Audit Act of 1984,
31 U.S.C. §7501 et. seq., 44 C.F.R. Part 14, , OMB Circular A-133 “Audits of
States, Local Governments and Non-profit Organizations” for awards prior to
December 26, 2014, 2 C.F.R. Part 200, and applicable North Carolina laws, rules
and regulations. Additionally, the RECIPIENT/SUBGRANTEE shall comply with
the requirements related to audits and financial management pursuant to the Single
Audit Act of 1984, 31 U.S.C. §7501 et. seq. and shall provide the documentation
discussed below and requested under this Agreement. RECIPIENT
SUBGRANTEE must provide a hard copy of the Single Audit Act Report within
sixty (60) days of the close of its fiscal year. Otherwise, pursuant to 44 C.F.R.
§13.43 for awards prior to December 26, 2014 and 2 C.F.R. Part 200, Subpart D
“Remedies for Non-Compliance”, the AGENCY/SUBGRANTEE may withhold or
suspend payments under any grant award. Failure to provide such documentation
or to comply with said requirements shall terminate any obligation on behalf of the
AGENCY/GRANTEE to reimburse the RECIPIENT/ SUBGRANTEE for eligible
expenses.
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1. The AGENCY/GRANTEE shall review the RECIPIENT/
SUBGRANTEE's performance periodically to determine whether
the RECIPIENT/SUBGRANTEE has substantially completed its
program as described in the approved Application and this
Agreement. Training and technical assistance shall be provided by
the AGENCY/GRANTEE, within limits of staff time and budget,
upon written request by the RECIPIENT/SUBGRANTEE and/or
upon a determination by the AGENCY/GRANTEE of RECIPIENT/
SUBGRANTEE need.
2. The RECIPIENT/SUBGRANTEE shall allow the AGENCY/
GRANTEE to carry out monitoring, evaluation, and technical
assistance and shall assure the cooperation of its employees, sub-
RECIPIENT/SUBGRANTEES and subcontractors during such
activities.
3. In the event that the AGENCY/GRANTEE suspends funding
pursuant to the provision of this Agreement, said suspension shall
take effect as of the receipt of the notice of said suspension by the
RECIPIENT/SUBGRANTEE. Any requests for payment for which
the AGENCY/GRANTEE has not yet disbursed payment shall be
subject to said suspension.
4. Should the RECIPIENT/SUBGRANTEE fail to enforce the
provisions of any promissory note, mortgage, security agreement, or
other obligation specified in any Participating Party Agreement or
in written contract with a beneficiary, contractor, agent, or sub-
RECIPIENT/ SUBGRANTEE who received payment or benefit
from funds disbursed under this Agreement, the AGENCY/
GRANTEE may, with thirty days (30) written notice to the
RECIPIENT/SUBGRANTEE, automatically substitute itself for the
RECIPIENT/SUBGRANTEE in said Participating Party Agreement
or written contract for the purpose of enforcing said Participating
Party Agreement or written contract and may, at its discretion,
continue to administer said Participating Party Agreement or
written contract.
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5. The RECIPIENT/SUBGRANTEE's application for funds to the
State for funding consideration under the FEMA Hazard Mitigation
Grant Program is made a part of this Agreement by reference.
6. RECIPIENT/SUBGRANTEE shall establish and maintain a proper
accounting system to record expenditures of disaster assistance
funds in accordance with generally accepted accounting principles
or as directed by the Governor’s Authorized Representative. The
RECIPIENT/SUBGRANTEE, its employees, and agents, shall
maintain records and supporting documents as prescribed in 44
CFR Part 13, Subpart C “Reports, Records Retention and
Enforcement” for awards prior to December 26, 2014, 2 C.F.R. Part
200, and 9 NCAC Part 3M. These records shall be maintained at a
readily accessible site within the jurisdiction and under the
jurisdiction's control.
7. Program Income is defined in 44 CFR Section 13.25 for awards
prior to December 26, 2014 and 2 C.F.R. Part 200. Program
Income must be returned to the AGENCY/ GRANTEE within five
(5) days of receipt, to the following address:
Controller
N.C. Department Public Safety
4220 Mail Service Center
Raleigh, NC 27699-4220
8. All RECIPIENT/SUBGRANTEE or sub-RECIPIENT/
SUBGRANTEE contracts for which the N.C. Legislature is in any
part a funding source, shall contain language to provide for
termination with reasonable costs to be paid by the RECIPIENT/
SUBGRANTEE for eligible contract work completed prior to the
date the notice of suspension or termination is received by the
RECIPIENT/SUBGRANTEE may not be funded with funds
provided under this Agreement unless previously approved in
writing by the AGENCY/GRANTEE. All sub-RECIPIENT/
SUBGRANTEE contracts shall contain provision for termination
for cause or convenience and shall provide for the method of
payment in such event.
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9. All amendments requiring prior AGENCY/GRANTEE approval
must be approved in writing by the AGENCY/GRANTEE prior to
the RECIPIENT/ SUBGRANTEE's submission of a closeout
package. Any closeout package received prior to the written
approval of said amendment is considered void ab initio, and is not
considered a closeout package for the purposes of eligibility or
potential penalty issues related to closeout.
10. Submission of inaccurate information by the RECIPIENT/
SUBGRANTEE in monitoring report responses; audit or audit
finding responses; quarterly, closeout, program income, or other
reports; or Requests for Funds that result in subsequent official
AGENCY/GRANTEE action based on that inaccurate information
(such as the granting of administrative or final closeout status,
releasing funds, or clearing findings) may at the option of the
AGENCY/ GRANTEE, subject the RECIPIENT/SUBGRANTEE
to revocation of the official AGENCY/GRANTEE action(s)
predicated on that report or submission, (e.g., revocation of closeout
status, audit clearance, monitoring report clearance, etc.).
(e) Where applicable, it will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40
U.S.C. 3701 et seq. – In accordance with 29 CFR 5.5(b)(1)-
(4),
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (b)(1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages.
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Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in
paragraph (b)(1) of this section, in the sum of $27 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required
by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages.
The (insert name of grant recipient or subrecipient) shall
upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under
any such contract or any other federal contract with the
same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set
forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (b)(1)
through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (b)(1) through (4) of
this section; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.,
requiring that covered employees be paid at least the minimum
prescribed wage, and also that they be paid one and one-half times
their basic wage rates for all hours worked in excess of the
prescribed work-week.
(3) Davis-Bacon Act, 40 U.S.C. 3141 et. seq. (former 40 U.S.C. §276a
et. seq.). If applicable, the RECIPIENT/SUBGRANTEE must
comply with 29 CFR 5.5(a)(1)-(10) as follows:
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(a) The Agency head shall cause or require the contracting officer
to insert in full in any contract in excess of $ 2,000 which is entered
into for the actual construction, alteration and/or repair, including
painting and decorating, of a public building or public work, or
building or work financed in whole or in part from Federal funds or
in accordance with guarantees of a Federal agency or financed from
funds obtained by pledge of any contract of a Federal agency to
make a loan, grant or annual contribution (except where a different
meaning is expressly indicated), and which is subject to the labor
standards provisions of any of the acts listed in § 5.1, the following
clauses (or any modifications thereof to meet the particular needs of
the agency, Provided, That such modifications are first approved by
the Department of Labor):
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon
the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (a)(1)(iv)
of this section; also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover
the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard
to skill, except as provided in § 5.5(a)(4). Laborers or
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mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer’s payroll records accurately set forth the
time spent in each classification in which work is
performed. The wage determination (including any
additional classification and wage rates conformed under
paragraph (a)(1)(ii) of this section) and the Davis-Bacon
poster (WH-1321) shall be posted at all times by the
contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen
by the workers.
(ii)
(A) The contracting officer shall require that any
class of laborers or mechanics, including helpers,
which is not listed in the wage determination and
which is to be employed under the contract shall be
classified in conformance with the wage
determination. The contracting officer shall approve
an additional classification and wage rate and fringe
benefits therefore only when the following criteria
have been met:
(1) The work to be performed by the
classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by
the construction industry; and
(3) The proposed wage rate, including any
bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the
wage determination.
(B) If the contractor and the laborers and mechanics
to be employed in the classification (if known), or
their representatives, and the contracting officer
agree on the classification and wage rate (including
the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent
by the contracting officer to the Administrator of the
Wage and Hour Division, U.S. Department of Labor,
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Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action
within 30 days of receipt and so advise the
contracting officer or will notify the contracting
officer within the 30-day period that additional time
is necessary.
(C) In the event the contractor, the laborers or
mechanics to be employed in the classification or
their representatives, and the contracting officer do
not agree on the proposed classification and wage
rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer
shall refer the questions, including the views of all
interested parties and the recommendation of the
contracting officer, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30
days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall be paid to
all workers performing work in the classification
under this contract from the first day on which work
is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit
or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
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D-9
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
(2) Withholding. The (write in name of Federal Agency or the loan
or grant recipient) shall upon its own action or upon written request
of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required
by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the
contract, the (Agency) may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary
to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics
working at the site of the work (or under the United States Housing
Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in section 1(b)(2)(B)
of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis-Bacon Act,
the contractor shall maintain records which show that the
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commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(ii)
(A) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls
to the (write in name of appropriate federal agency) if the
agency is a party to the contract, but if the agency is not
such a party, the contractor will submit the payrolls to the
applicant, sponsor, or owner, as the case may be, for
transmission to the (write in name of agency). The payrolls
submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and
home addresses shall not be included on weekly
transmittals. Instead the payrolls shall only need to include
an individually identifying number for each employee (e.g.,
the last four digits of the employee’s social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
successor site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered
worker, and shall provide them upon request to the (write in
name of appropriate federal agency) if the agency is a party
to the contract, but if the agency is not such a party, the
contractor will submit them to the applicant, sponsor, or
owner, as the case may be, for transmission to the (write in
name of agency), the contractor, or the Wage and Hour
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Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses
and social security numbers to the prime contractor for its
own records, without weekly submission to the sponsoring
government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains
the information required to be provided under § 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the
appropriate information is being maintained under §
5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that
such information is correct and complete;
(2) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the
full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have
been made either directly or indirectly from the full
wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
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prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required
under paragraph (a)(3)(i) of this section available for inspection,
copying, or transcription by authorized representatives of the (write
the name of the agency) or the Department of Labor, and shall
permit such representatives to interview employees during working
hours on the job. If the contractor or subcontractor fails to submit
the required records or to make them available, the Federal agency
may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or
to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees —
(i) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services or with a
State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been
certified by the Office of Apprenticeship Training, Employer and
Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the
job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice
wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor
is performing construction on a project in a locality other than that
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in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman’s hourly rate)
specified in the contractor’s or subcontractor’s registered program
shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice’s level of
progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes
shall be paid in accordance with that determination. In the event the
Office of Apprenticeship Training, Employer and Labor Services,
or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the contractor
will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee’s level of
progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not
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less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the
contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with
the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall
comply with the requirements of 29 CFR part 3, which are incorporated by
reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and
such other clauses as the (write in the name of the Federal agency) may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29
CFR 5.5 may be grounds for termination of the contract, and for debarment
as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All
rulings and interpretations of the Davis-Bacon and Related Acts contained
in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the
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contracting agency, the U.S. Department of Labor, or the employees or
their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither
it (nor he or she) nor any person or firm who has an interest in the
contractor’s firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon
Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
(4) National Environmental Policy Act of 1969, 42U.S.C. §4321; et. seq.;
EO11991; EO12148; Coastal Zone Management Act of 1972, 16 U.S.C.
§1451 et. seq.; Section 176(c) of the Clean Air Act of 1955, 42 U.S.C.
§7401 et. seq.; Safe Drinking Water Act of 1974, 42 U.S.C. 300f et. seq.;
Endangered Species Act of 1973, 16 U.S.C. 1532 et. seq.; Wild and Scenic
Rivers Act of 1968, 16 U.S.C. 1271 et. seq.
(5) Section 106 of the National Historic Preservation Act of 1966, 54 U.S.C.
306108 (former 16 U.S.C. §470 et. seq.; EO11593; Archaeological and
Historic Preservation Act of 1974, 54 U.S.C. 312501 et. seq. (16 U.S.C.
§469a-1 et. seq.)
(6) Clean Air Act, 42 U.S.C. 7401 et. seq. - The RECIPIENT/SUBGRANTEE
agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The
contractor agrees to report each violation to the
RECIPIENT/SUBGRANTEE and understands and agrees that the
RECIPIENT/SUBGRANTEE will, in turn, report each violation as
required to assure notification to the Federal Emergency Management
Agency (FEMA), and the appropriate Environmental Protection Agency
Regional Office. The contractor agrees to include these requirements in
each subcontract exceeding $150,000 financed in whole or in part with
federal assistance provided by FEMA.
“Federal Water Pollution Control Act”
The contractor agrees to comply with all applicable standards, orders, or
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regulations issued pursuant to the federal Water Pollution Control Act, as
amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each
violation to the RECIPIENT/SUBGRANTEE and understands and agrees
that the RECIPIENT/SUBGRANTEE will, in turn, report each violation as
required to assure notification to the AGENCY/GRANTEE, Federal
Emergency Management Agency (FEMA), and the appropriate
Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with federal assistance
provided by FEMA.
(7) Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and
2 C.F.R. Part 3000. As such, the contractor is required to verify that none
of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates
(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §
180.940) or disqualified (defined at 2 C.F.R. § 180.935). The contractor
must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000,
subpart C, and must include a requirement to comply with these regulations
in any lower tier covered transaction it enters into. This certification is a
material representation of fact relied upon by
RECIPIENT/SUBGRANTEE. If it is later determined that the contractor
did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000,
subpart C, in addition to remedies available to
RECIPIENT/SUBGRANTEE, the federal government may pursue
available remedies, including but not limited to suspension and/or
debarment. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while
this offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
(f) It will comply with:
(1) During the performance of this contract, the RECIPIENT/SUBGRANTEE
agrees as follows:
(1) The RECIPIENT/SUBGRANTEE will not discriminate against any
employee or applicant for employment because of race, color, religion, sex,
sexual orientation, gender identity, or national origin. The
RECIPIENT/SUBGRANTEE will take affirmative action to ensure that
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applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual 7 See
2 C.F.R. Part 200, Appendix II, § C. Contract Provisions Guide 11
orientation, gender identity, or national origin. Such action shall include,
but not be limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rat es
of pay or other forms of compensation; and selection for training, including
apprenticeship. The RECIPIENT/SUBGRANTEE agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The RECIPIENT/SUBGRANTEE will, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The RECIPIENT/SUBGRANTEE will not discharge or in any other
manner discriminate against any employee or applicant for employment
because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless
such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the
RECIPIENT/SUBGRANTEE's legal duty to furnish information.
(4) The RECIPIENT/SUBGRANTEE will send to each labor union or
representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The RECIPIENT/SUBGRANTEE will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
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(6) The RECIPIENT/SUBGRANTEE will furnish all information and
reports required by Executive Order 11246 of September 24, 1965, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other Contract Provisions Guide 12
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(8) The RECIPIENT/SUBGRANTEE will include the portion of the
sentence immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor.
The RECIPIENT/SUBGRANTEE will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the
United States to enter into such litigation to protect the interests of the
United States.
The RECIPIENT/SUBGRANTEE further agrees that it will be bound by
the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work:
Provided, that if the RECIPIENT/SUBGRANTEE so participating is a state
or local government, the above equal opportunity clause is not applicable to
any agency, instrumentality or subdivision of such government which does
not participate in work on or under the contract.
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The RECIPIENT/SUBGRANTEE agrees that it will assist and cooperate
actively with the administering agency and the Secretary of Labor in
obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The RECIPIENT/SUBGRANTEE further agrees that it will refrain from
entering into an y contract or contract modification subject to Executive
Order 11246 of September 24, 1965, with a contractor debarred from, or
who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee);
refrain from extending any further assistance to the applicant under the
program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such
applicant; and refer the case to the Department of Justice for appropriate
legal proceedings.
(2) If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the RECIPIENT/
SUBGRANTEE, this assurance shall obligate the RECIPIENT/
SUBGRANTEE, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used
for a purpose for which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits;
(3) Titles VI and VII of the Civil Rights Act of 1964 (PL 88-352), and the
regulations issued pursuant thereto (prohibiting discrimination on the basis
of race, color, national origin and ensuring that individuals are employed,
and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex or age); Any prohibition against
discrimination on the basis of age under the Age Discrimination Act of
1975, as amended (42 U.S.C. 6101 et. seq.) which prohibits discrimination
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on the basis of age or with respect to otherwise qualified handicapped
individuals as provided in Section 504 of the Rehabilitation Act of 1973
(codified as amended at 29 U.S.C. 794 (prohibiting discrimination on the
basis of handicap); Executive Order 11063 as amended by Executive Order
2259; and Section 109 of the Housing and Community Development Act of
1974, as amended;
(4) Executive Order 11246 as amended by Executive Orders 11375 and 12086,
and the regulations issued pursuant thereto, which provide that no person
shall be discriminated against on the basis of race, color, religion, sex or
national origin in all phases of employment during the performance of
federal or federally assisted construction contracts; affirmative action to
insure fair treatment in employment, upgrading, demotion, or transfer;
recruitment advertising; layoff or termination, rates of pay or other forms
of compensation; and election for training and apprenticeship.
(g) The RECIPIENT/SUBGRANTEE agrees to comply with Titles I, II, III, IV and V
of the Americans With Disabilities Act of 1990 (prohibiting discrimination on the
basis of disability).
(h) The Copeland “Anti-Kickback” Act. Contractor. RECIPIENT/SUBGRANTEE
shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29
C.F.R. Part 3 as may be applicable, which are incorporated by reference into this
Agreement.
Subcontracts. The RECIPIENT/SUBGRANTEE or subcontractor shall insert in
any subcontracts the clause above and such other clauses as FEMA may by
appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
(i) It will comply with the provision of the Hatch Act, as amended, 5 U.S.C. 1501 et.
seq. and 7324 et. seq., which limits the political activity of employees.
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(j) It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973, Pub. L. 93-156, 87 Section 975,
approved December 31, 1973, as amended, 42 U.S.C. 4001 et. seq. Further,
Sections 102 and 103 (42 U.S.C. 4012a and 4015) required, on and after March 2,
1974, the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for
construction or acquisition purposes for use in any area, that has been identified by
the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase "Federal financial assistance" includes
any form of loan, grant guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
(k) It will require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Part to
comply with the "uniform Federal Accessibility Standards," (UFAS) which is 24
CFR Part 40 for residential structures, https://www.access-board.gov/guidelines-
and-standards/buildings-and-sites/about-the-aba-standards/ufas. The RECIPIENT/
SUBGRANTEE will be responsible for conducting inspections to ensure
compliance with these specifications by the contractor.
(l) The RECIPIENT/SUBGRANTEE will comply with applicable N.C. General
Statutes when negotiating contracts for services.
(m) It has adopted and is enforcing a policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any individuals engaged in
nonviolent civil rights demonstrations, and has adopted and is enforcing a policy of
enforcing applicable State and federal laws against physically barring entrance or
exit from a facility or location which is the subject of such nonviolent civil rights
demonstration within its jurisdiction in accordance with section 519 of Public Law
101-144 of the 1990 HUD Appropriations Act.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended
(20 U.S.C.: 1681-1683 and 1685-1686) which prohibits discrimination on the basis
of sex;
(o) It will comply with the Drug Abuse Office and Treatment Act of 1972 (P.L. 91-
616) as amended, (21 U.S.C. 1101 et. seq.) relating to nondiscrimination on the
basis of drug abuse;
(p) It will comply with the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970, as amended, (42 U.S.C.
4541 et. seq.) relating to nondiscrimination on the basis of alcohol abuse or
alcoholism.
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(q) It will comply with 523 and 527 of the Public Health Service Act of 1912 “(42
U.S.C. 290 dd-3 and 290 ee-3)”, as amended, relating to confidentiality of alcohol
and drug abuse patient records;
(r) It will comply with Chapter 63 of Title 42, Lead-Based Paint Poisoning Prevention
“(42 U.S.C. 4821 et seq.)” which prohibits the use of lead based paint in
construction of rehabilitation or residential structures;
(s) It will comply with the Energy Policy and Conservation Act, 42 U.S.C. §6291 et.
seq.
(t) In the performance of this Agreement, the RECIPIENT/SUBGRANTEE shall
make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired—
Competitively within a timeframe providing for compliance with the
contract performance schedule;
Meeting contract performance requirements; or
At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
See also 2 CFR 200.322.
(u) Prohibition on Contracting for Covered Telecommunications Equipment or
Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign
country; covered telecommunications equipment or services; interconnection
arrangements; roaming; substantial or essential component; and
telecommunications equipment or services have the meaning as defined in FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services (Interim), as used in this clause—
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(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216
prohibit the head of an executive agency on or after Aug. 13, 2020, from
obligating or expending grant, cooperative agreement, loan, or loan
guarantee funds on certain telecommunications products or from certain
entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the
contractor and its subcontractors may not use grant, cooperative agreement,
loan, or loan guarantee funds from the Federal Emergency Management
Agency to:
(i) Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology of
any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any
system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use
covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology as
part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract,
or other contractual instrument, any equipment, system, or service
that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as
backhaul, roaming, or interconnection arrangements; or
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(ii) Telecommunications equipment that cannot route or redirect user data
traffic or permit visibility into any user data or packets that such equipment
transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any
system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered
covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications
equipment or services used as a substantial or essential component of any
system, or as critical technology as part of any system, during contract
performance, or the contractor is notified of such by a subcontractor at any
tier or by any other source, the contractor shall report the information in
paragraph (d)(2) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the
information.
(2) The Contractor shall report the following information pursuant to
paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or
notification: The contract number; the order number(s), if
applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity (CAGE)
code (if known); brand; model number (original equipment
manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information
about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in
paragraph (d)(2)(i) of this clause: Any further available information
about mitigation actions undertaken or recommended. In addition,
the contractor shall describe the efforts it undertook to prevent use
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or submission of covered telecommunications equipment or
services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications
equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including
this paragraph (e), in all subcontracts and other contractual instruments.
(v) Domestic Preference for Procurements
As appropriate, and to the extent consistent with law, the contractor should, to the
greatest extent practicable, provide a preference for the purchase, acquisition, or
use of goods, products, or materials produced in the United States. This includes,
but is not limited to iron, aluminum, steel, cement, and other manufactured
products.
For purposes of this clause: Produced in the United States means, for iron and steel
products, that all manufacturing processes, from the initial melting stage through
the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
(w) The RECIPIENT/SUBGRANTEE shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific
FEMA pre-approval. The RECIPIENT/SUBGRANTEE shall include this
provision in any subcontracts.
(x) RECIPIENT/SUBGRANTEE certifies that it:
(1) Is not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal
court, or voluntarily excluded from participating in Federal or State grants
or awards by any Federal or State department or agency; and
(2) Has not within a three-year period preceding this contract been convicted
of or had a civilian judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust
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statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving
stolen property;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph (2) above; and,
(4) Has not within a three-year period preceding this application had one or
more public transactions (Federal, State, or local) terminated for cause or
default.
(y) RECIPIENT/SUBGRANTEE further agrees that it will include the above
certifications, without modification, in all lower tier contracts and in all
solicitations for lower tier contracts.
(z) No governmental non-competes. RECIPIENT/SUBGRANTEE shall not impose
or enforce any non-competition agreement upon the employees included in
RECIPIENT/SUBGRANTEE’s proposal that would prevent those employees from
accepting any offer of employment from the State of North Carolina outside of the
first Term of the Contract. By executing this Agreement the
RECIPIENT/SUBGRANTEE affirms this condition. This affirmation is a material
condition for the State’s award of any work under this Agreement.
(aa) Program Monitoring. RECIPIENT/SUBGRANTEE agrees to assist and
cooperate with the Federal grantor agency and State or their duly designated
representatives in the monitoring of the project or projects to which this contract
relates, and to provide in form and manner approved by STATE such monitoring
reports, progress reports, and the like as may be required and to provide such
reports at the times specified.
(bb) Funding Contingency. The awarded Contract may be suspended and/or
terminated without liability to the State if any grant is suspended or terminated,
and unless and until the State receives funds in an amount that is deemed sufficient
to enable it to fund the Contract awarded, the State is under no obligation to make
any payments to the RECIPIENT/SUBGRANTEE.
(cc) Women and Minority Owned Businesses. 2 C.F.R. § 200.321 requires that all
necessary affirmative steps are taken by the State and
RECIPIENT/SUBGRANTEE to assure that minority and women’s businesses are
used when possible, and N.C. Gen. Stat. 143-128.2 establishes a ten percent (10%)
goal for participation by minority and women owned businesses in total value of
work performed for the State.
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(dd) Personnel. RECIPIENT/SUBGRANTEE represents that it has, or will secure at its
own expense, all personnel required in performing the work under this Contract.
Such personnel shall not be employees of or have any contractual relationship with
State. All of the work required hereunder will be performed by
RECIPIENT/SUBGRANTEE or under its supervision, and all personnel engaged
in the work shall be fully qualified and shall be authorized or permitted under State
and State law to perform such work. No person who is serving a sentence in penal
or correctional institution shall be employed to work under this Contract.
(ee) Program Fraud and False or Fraudulent Statements or Related Acts.
RECIPIENT/SUBGRANTEE acknowledges that 31 U.S.C. Chapter 38
(Administrative Remedies for False Claims and Statements) applies to its actions
pertaining to the Contract.
(ff) System for Awards Management. Vendor shall be responsible to ensure that it
has checked the federal System for Awards Management (SAM)
https://www.sam.gov/SAM/ and the State Debarred Vendors Listing,
https://ncadmin.nc.gov/documents/nc-debarred-vendors to verify that Contractors
or sub-Recipients have not been suspended or debarred from doing business with
federal or State government.
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ATTACHMENT E
SPECIAL CONDITIONS
This agreement shall be executed by the RECIPIENT/SUBGRANTEE, and returned to the
AGENCY/GRANTEE at the following address:
Hazard Mitigation Grants Manager
NCEM Resiliency Section/Hazard Mitigation Branch
Department of Public Safety
Division of Emergency Management
4105 Reedy Creek Road
Raleigh, NC 27607
This agreement will be executed within thirty (30) days after receipt. All time periods in
this Agreement refer to calendar days. After receipt by the AGENCY/GRANTEE of the signed
Agreement, the AGENCY/GRANTEE will execute this Agreement and return an original to the
RECIPIENT/SUBGRANTEE.
Mailing Address:
Kirby Saunders
Emergency Services Director
PO Box 8181
Hillsborough, NC 27278
Overnight Address:
Kirby Saunders
Emergency Services Director
510 Meadowlands Dr.
Hillsborough, NC 27278
DocuSign Envelope ID: 26D0940B-F66D-4866-9C70-60056804E991DocuSign Envelope ID: B94E5F6B-897F-4461-A479-96F4BF459906DocuSign Envelope ID: 72D7F019-9C12-4921-8125-FCF8032A7011
IN WITNESS WHEREOF, the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE acknowledges receipt of the
Period of Performance Extension Letter for all DR-4393 projects and execute this acknowledgement on this date
__________________________________
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF PUBLIC SAFETY
WITNESS:
______________________________ BY: ______________________________________
WILLIAM C. RAY
DIRECTOR & DEPUTY HOMELAND SECURITY
ADVISOR
DIVISION OF EMERGENCY MANAGEMENT
DATE
WITNESS:
______________________________ BY: _______________________________________
KIRBY SAUNDERS
EMERGENCY SERVICES DIRECTOR
COUNTY OF ORANGE
FEDERAL EMPLOYER I.D. # 56-6000327
DATE
DocuSign Envelope ID: 72D7F019-9C12-4921-8125-FCF8032A7011
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