HomeMy WebLinkAbout2023-247-E-Emergency Svc-State Centric Continuation MOA_____________________________________________________________________________
State Centric MOA 4393-0083-F Orange County
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STATE OF NORTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
AND
COUNTY OF ORANGE
MEMORANDUM OF AGREEMENT (MOA)
MOA# 4393-0083-F County: Orange
DPS Fund Code: 4393DRNCP00000835 Tax ID/EIN#: 56-6000327
MOA Amount: $414,217.00 FIPS #: 037-135
MOA Period of Performance: See Section 21. Period of Performance.
This Memorandum of Agreement (“MOA” of “Agreement”) is made on this date
_______________________, by and between the COUNTY OF ORANGE (“County” or
RECIPIENT/SUBGRANTEE), and the NORTH CAROLINA DEPARTMENT OF
PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT (“State” or
“NCEM” or AGENCY/GRANTEE). For the purposes of this memorandum, the County of
Orange will be referred to as “County” throughout this document and the North Carolina
Department of Public Safety, Division of Emergency Management will be referred to as
“State.”
WHEREAS, in a letter dated June 9, 2020, the Federal Emergency Management Agency
(FEMA) approved the Department of Public Safety, Division of Emergency Management State
Centric Plan for DR-4393, DR-4412, and DR-4465, incorporated by reference into this
Agreement as if fully set out herein, whereby the Division of Emergency Management will serve
as the Grantee and perform some of the tasks of the Subgrantee for subgrantees that opt in and
agree to participate in the State Centric Model;
WHEREAS, in a memorandum dated March 26, 2021, the Department of Public Safety,
Division of Emergency Management notified HMGP Subgrantees regarding the Hazard
Mitigation State Centric Implementation with attached State Centric Election Form for all North
Carolina Sub-Applicants (Subgrantees);
WHEREAS, the County of Orange completed the State Centric Election Form for all
North Carolina Sub-Applicants (Subgrantees) and selected the Opt-In Section agreeing to
participate in the State Centric Model this 23rd day of April, 2021;
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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 North Carolina Emergency Management Act, N.C.G.S. § 166A-
19.12(25) authorizes the Division to contract for services from vendors specializing in housing
elevation, acquisition, demolition, and mitigation reconstruction on private residential structures
to implement the federal Hazard Mitigation Grant Program on behalf of the State or political
subdivisions; and
WHEREAS, the State and the County represent 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 State and the County do mutually agree as follows:
(1) SCOPE OF WORK
The State and County shall implement the Hazard Mitigation project summarized
below and as described in the approved project application (Project # 4393-0083-
F) and in accordance with the State Centric Plan. The approved project
Application and the State Centric Plan are hereby incorporated by reference into
this Agreement as if fully set out herein.
The State, on behalf of the County, will purchase and install a 300-kW diesel
generator with an automatic transfer switch (ATS) at the UNC-Chapel Hill
Emergency Operations Center, which is a critical facility that supports the
staging, coordination, and directing of critical emergency management assets and
personnel during or following a disaster.
Site Location:
Address City State
ZIP
Code
Latitude Longitude
1. 1120 Estes Drive Extension Chapel Hill NC 27599 35.934133 -79.058808
Total Estimated Management Costs $20,711.00
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(2) CONDITIONS
AGENCY/GRANTEE (State) shall:
1) Provide oversight to all contract work and be the initial point of contact for the
County to obtain answers to questions on behalf of homeowners or local
leadership.
2) Process reimbursement requests for all billable time of the County. The State
will provide support for filling out these requests in the form of providing
documents and advice regarding the reimbursement process. If a reimbursement
is returned for lack of information or documentation, Hazard Mitigation (HM)
Section Project Managers (PM) will contact the designated County POC to
discuss what is missing so corrections can be timely made and resubmitted for
payment. The County must submit complete documentation acceptable to the
State to receive reimbursement. Attached to this MOA are sample reimbursement
documents to show documentation is acceptable to the State (Attachment B).
3) Be available to meet with County leadership if any questions about the project
need to be answered in a public forum. The County POC should notify HM
Section Leadership as far in advance as possible so schedules can be worked out
to attend County meetings.
4) Coordinate contracts related to this project. The coordination of contracts will
include the preparation, submission, review, and selection of contractors for each
project. As part of these responsibilities, the State will review Cost Reports for
invoices incurred and review and approve eligible expenses against project.
Traditionally, this role was filled by the County or any sub-contractors the County
chose to work with. The State is assuming this role in the hopes and that it can
standardize results and timelines throughout the State for those who elect to opt-in
to State Centric.
5) Set up the Project Kick-Off Meeting with the County and Contractor to
review the project budget, project scope of work, project timelines/milestones,
and associated roles and responsibilities between State, County, and Contractors.
6) Be available to answer any questions regarding the conditions of the County
that are outlined in this Agreement. The role of the State, in addition to
procurement-related and project management activities, is to be a resource for
information to make the process as easy as possible.
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RECIPIENT/SUBGRANTEE (County) shall:
1) Contact and coordinate with homeowners from application intake to project
completion. The County will be the point of contact for the homeowners.
Generally, County responsibilities will include communicating with homeowners
about project progress and collecting the documents necessary for project success
that may be required of the State and Contractor.
Specifically, some of the tasks may include but are not limited to assisting
homeowners with the Homeowner Document Packet, executing the duplication of
benefits analysis with the homeowner and the collection of documents necessary
to this analysis, periodic phone calls/updates to the homeowner, setting up
appointments for contractor visits to the home, and attending meetings regarding
contract work (See Attachment A). All of these and other related activities and
the time spent must be documented on the SRMC forms in order to receive
reimbursement. (See Attachment B).
In accordance with the provisions of 42 U.S.C. 5155 (Section 312 of the Stafford
Act) duplication of benefits is prohibited. As noted above, the County shall
perform a duplication of benefits analysis and notify the State of the existence of
any insurance coverage for the costs identified in the approved project
application, and of any other entitlement to or recovery of funds from any other
source for the project costs, including Small Business Administration funds,
Minimum Home Repair funds, and other Federal, State, and private funding. The
State will provide a DOB spreadsheet to the County and may provide assistance
in confirming the existence of State and NFIP funding to assist in the DOB
analysis. The County will be responsible for collecting documents from the
homeowner to confirm or deny the proper use of all prior recovery funds.
2) Coordinate with local leaders and community government officials including
but not limited to, answering routine questions and updates locally, forwarding
questions to the State if needed and coordinating meetings with the State and local
leadership.
3) Take part in all pre-construction, pre-project, and project update meetings
with the contractor and the State to ensure they are fully briefed on all aspects of
the project and can provide estimated timelines to their leadership and
homeowners participating in the project.
The State may require additional reports as needed in order to complete the
project before the end of the Period of Performance (POP) established by FEMA
in the FEMA award letter. The POP may be extended. The State will notify the
County by letter of any such extensions. Such additional reports could include
new and additional FEMA requirements. The County shall, as soon as possible,
provide any additional reports or documentation requested by the State. The State
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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.
4) The County shall be present at all closings (if an acquisition project) in order
to take title and possession of the properties acquired in the project and maintain
and utilize the properties in open space in perpetuity. The County shall insure
compliance with the deed restrictions and flood insurance requirements for the
properties.
5) Submit monthly reimbursement requests of billable hours spent conducting
the above tasks to the State. Reimbursement requests will be made through the
EM Grants or other approved management online system. The State will be
available to assist with any questions about EM grants or reimbursements. Each
reimbursement request at a minimum must include:
County Point of Contact’s (POC) Name
Task Being charged for (to include property address)
Rate for POC
Number of hours being reimbursed
To receive funds under this agreement, the County 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. If the County designates different representatives or
designated agents, the County shall notify the State.
6) A standardized form will be used in the submission for these funds against the
County Management Costs. The State has provided this form in Attachment B.
The State can provide additional forms if the County requests.
(3) BUDGET AND FUNDING
The State and County will review Cost Reports for invoices incurred, and review
and approve eligible expenses against project 4393-0083-F, which is a sub-award
in the Cost Center 2D530076.
Budget Information
Total: $434,928.00
HMGP funding shall only be used for those items specified in the scope of work
referenced above.
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(4) COMPENSATION
1) The State will provide the management cost funds to the County as allowed in
section 5C2 of the State Centric Plan from the allocation provided by FEMA for
sub-recipient management costs in Award Letter dated February 2, 2023.
Subrecipient Management Costs (SRMC): Expenditure of subrecipient
management costs must adhere to FEMA Policy #104-11-1 Hazard Mitigation
Grant Program Management Costs (Interim) signed November 14, 2018. FEMA
The Interim Policy requires management costs to be obligated in increments
sufficient to cover recipient and subrecipient needs, as allowable by FEMA.
Any funds not expended by the end of the Period of Performance are subject to
de-obligation provisions of Paragraph five (5) below.
(5) DEOBLIGATION
Pursuant to Paragraph 11 herein and the applicable federal regulations, including
but may not be limited to, 2 CFR 200.338, 200.339, 200.345, 200.346, the State
must disallow or de-obligate all remaining SUB-RECIPIENT Management costs
at the end of the project’s Period of Performance.
(6) REIMBURSEMENT
All costs must be verified through time sheets and other appropriate
documentation, which document the employee’s name, hours worked in support
of this grant, specified in detail in paragraph two (2) “Conditions”; the tasks
performed on each property, and the employee’s pay rate. Payment shall be
submitted to the County after receipt of properly completed Requests for
Reimbursement through EM Grants, within thirty (30) days after receipt of
completed time sheets. (See Attachment B)
(7) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The County and the State shall be governed by applicable State and Federal laws,
rules, regulations, guidance, and policies.
(8) 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.
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(9) RECORD KEEPING AND AUDITS
All financial and programmatic records, supporting documents statistical records
and other records of the State and County shall be retained pursuant to 2 C.F.R.
Part 200, 09 NCAC Part 3M, and the applicable Records Retention Schedule. All
original records pertinent to this Agreement shall be retained by the State and
County for 5 years following the date of termination of this Agreement or of
submission of the final closeout report or the applicable Records Retention
Schedule, 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.
The County, 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 State, 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
State.
The County shall also provide the State with the records, reports, or financial
statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
(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 County shall
be solely responsible to parties with whom it shall deal in carrying out the
terms of this Agreement and shall save the State 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, the County
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agrees that it is not an employee or agent of the State but is an independent
contractor.
(c) The County 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 immunity by the State or any other recipient or 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/OPT OUT
(a) If any of the following events occur ("Events of Default"), all obligations
on the part of the State to make any further payment of funds hereunder
shall, if the State so elects, terminate, and the State may at its option
exercise any of its remedies set forth herein, but the State 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 County in this
Agreement or any previous Agreement with the State shall at any
time be false or misleading in any respect, or if the County shall
fail to keep, observe or perform any of the terms or covenants
contained in this Agreement or any previous agreement with the
State and has not cured such in timely fashion, or is unable or
unwilling to meet its obligations thereunder;
2. If any reports required by this Agreement have not been submitted
to the State or have been submitted with incorrect, incomplete, or
insufficient information;
3. If the County elects not to perform any of the work/conditions
called for under this Agreement;
4. 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.
(b) Upon the happening of an Event of Default, then the State may, at its
option, upon written notice to the County and upon the County’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 State from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
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1. Terminate this Agreement, provided that the County 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 State may terminate this Agreement for cause upon such written
notice to the County 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 County to permit public access to any document, paper,
letter, or other material subject to disclosure under N.C. General Statutes.
(d) Suspension or termination constitutes final State action. Notification of
suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The County shall return funds to the State if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) Notwithstanding the above, the County shall not be relieved of liability to
the State by virtue of any breach of Agreement by the County. The State
may, to the extent authorized by law, withhold any payments to the
County for purpose of set-off until such time as the exact amount of
damages due the State from the County is determined.
(12) 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 County, in the Application, in any subsequent submission or response
to the State request, or any submission or response to fulfill the
requirements of this Agreement, and such information, representations,
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and materials are incorporated by reference into this Agreement as if fully
set out herein. The lack of accuracy thereof or any material changes shall,
at the option of the State and with thirty (30) days written notice to the
County, cause the termination of this Agreement and the release of the
State from all its obligations to the County.
(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 State of any right or remedy granted hereunder or failure
to insist on strict performance by the County shall affect or extend or act
as a waiver of any other right or remedy of the State hereunder, or affect
the subsequent exercise of the same right or remedy by the State for any
further or subsequent default by the County. Any power of approval or
disapproval granted to the State under the terms of this Agreement shall
survive the terms and life of this agreement as a whole.
(13) SUBCONTRACTS
(a) If the County subcontracts any or all of the tasks or work required under
this Agreement, the County agrees to include in the subcontract that the
subcontractor is bound by the terms and conditions of this Agreement with
the State.
(b) The County agrees to include in the subcontract that the subcontractor
shall hold the State and County 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 County subcontracts, a copy of the executed subcontract must be
forwarded to the State within ten (10) days of execution of said
subcontract.
(d) Contractual arrangement shall in no way relieve the County of its
responsibilities to ensure that all funds issued pursuant to this grant be
administered in accordance with all state and federal requirements.
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(14) 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.
(15) STANDARD CONDITIONS
The State and the County agree to be bound by the following standard conditions:
(a) The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the North Carolina General
Assembly 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) The State reserves the right to unilaterally cancel this Agreement for
refusal by the County to allow public access to all documents, papers,
letters, or other material subject to the provisions of the N.C. General
Statutes and made or received by the County in conjunction with the
Agreement.
(16) LOBBYING PROHIBITION
No funds or other resources received from the State 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 department. The
County shall comply with the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352
(as amended). If applicable, the County must sign and submit to the State the
Certification Regarding Lobbying, attached as Attachment C, and incorporated
by reference herein.
(17) LEGAL AUTHORIZATION
The County 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 County also certifies that the undersigned possesses the
authority to legally execute and bind the County to the terms of this Agreement.
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(18) ASSURANCES
The County shall comply with the requirements in the applicable Assurances
form, incorporated by reference into this Agreement as if fully set out herein.
(19) FEMA REQUIRED CONTRACT PROVISIONS
The County shall comply with the applicable FEMA Required Contract
Provisions, attached as Attachment D and incorporated by reference into this
Agreement as if fully set out herein.
(20) HAZARD MITIGATION PLAN
If the County is a local governmental entity, the County 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
N.C.G.S. 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 State. The minimum criteria are incorporated by reference into
this Agreement as if fully set out herein.
(21) PERIOD OF PERFORMANCE
The Period of Performance (POP) expires on March 12, 2025. The POP may be
extended beyond the original date by extensions that the State may request, and
FEMA may grant. If the original POP is extended, the State will send a letter to
the County notifying them of such an extension. Any expirations/extensions of
the POP will not affect the effectiveness of the MOA itself but may be relevant to
conditions contained herein.
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IN WITNESS WHEREOF, the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE have each executed this
Agreement, on this day of ________________________________________________.
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: _______________________________________
SARAH PICKHARDT
DIVISION CHIEF OF EMERGENCY
MANAGEMENT
ORANGE COUNTY
FEDERAL EMPLOYER I.D. # 56-6000327
DATE
APPROVED AS TO PROCEDURES:
BY: _______________________________________
SHARON MARSALIS Ph.D., BUDGET DIRECTOR
DEPARTMENT OF PUBLIC SAFETY
DATE
APPROVED AS TO FORM SUBJECT TO EXECUTION BY CASANDRA S. HOEKSTRA, CHIEF DEPUTY
SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY.
DEPARTMENT OF PUBLIC SAFETY
BY: _________________________________
DEPUTY GENERAL COUNSEL
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6/1/2023 | 12:51:54 EDT
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6/1/2023 | 13:41:29 EDT
6/2/2023 | 08:18:09 EDT
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ATTACHMENT A: AGENCY AND SUBRECIPIENT CONDITIONS
State Centric Model Agency & Subrecipient Obligations (Opt-In)
Project
Phase
Agency / State Subrecipient /
County
Contractor / Vendor
Project
Development
Phase
Application is built
and submitted to
FEMA as Applicant
and Counties are
Subrecipients.
Conduct
intake/nominate
properties.
FEMA Award
Letter Received
Contracts sets up for
bid.
MOA prepared and
signed.
Coordinate with
homeowners to answer
questions, identify
withdrawals, collect
documents, and other
information needed for
project success.
Responds to bid
requests.
Signs BAFO.
Contracts directly
with State.
Project
Management
Project Managers
conduct kick-off
meeting and
additional meetings
to support the
project.
Coordinate with
vendors to administer
needed permits and
DOT requirements,
needed for project
success.
Participate in all
scheduled meetings
with State and
Contractor.
Requests needed
permits for project
completion from
County.
Begin work and meet
timeline quotas.
Project
Completion
Work completion
verified.
QA/QC inspections
performed.
Inspect to ensure
project meets building
codes.
Be present for all
closings (acquisitions
only) and ensure deed
restriction compliance.
Notify State of work
completion.
Request for
Reimbursement
/ Request for
Subrecipient
Management
Costs (SRMC)
Requests for
Reimbursement are
received and
processed.
Requests for SRMC
are received and
processed.
Submit request for
reimbursement to the
state for charges
incurred during project
management. Counties
will produce (by
deadline) reports,
receipts, and other
documents requested
by State.
Submit request for
payment to the State.
Submit invoices,
receipts, and other
documents requested
to receive payment.
Closeout Phase Verify work/receipts
and reimburses
County.
Contractors are paid
directly by the State.
State closes out
project.
Payment received for
Subrecipient
Management Costs.
Payment received.
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ATTACHMENT B: SUBRECIPIENT MANAGEMENT COST FORM
Project #: County: Modification #: N/A
Applicant Name:
Project Title:
Point of Contact
Name: Title:
Agency: Address:
Phone: Email:
Current Federal Share
Amount: $ -
Cost Share
Percentage: #DIV/0!
Total Project Costs
Total Estimated SRMC Ceiling *up to 5% of total project costs (**adjusted based on
cost share) #DIV/0!
Sub-Recipient Management Costs Details
A. Personnel (In-House Labor) *If "Salaried" convert to hourly rate (Salary/2080 = Hourly Rate)
Fringe %
Position
Base
Rate FICA
Health
Insurance
Life
Insurance Retirement
Othe
r Total Rate Hours Costs
$- $-
$- $-
$- $-
$- $-
Pre-Award $- $-
Estimated Subtotal: $-
Narrative:
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B. Contractual Services
Company Name(s) or Consultant(s) Purpose Costs
Pre-award
Estimated Subtotal: $ -
Narrative:
C. Indirect Costs * Must have a federally approved indirect cost rate. Must attach letter from Cognizant Agency.
Description Base Rate Costs
$ - $ -
Estimated Subtotal: $ -
Narrative:
Total Estimated Sub-Recipient Management Cost Request: $ -
Maximum amount that can be claimed (5%) #DIV/0!
If negative, adjust budget above by amount shown #DIV/0!
Pre-award Sub-Recipient Management Cost is requested in the
amount of:
Pre-award activities were performed by (Position(s) or
Company):
Estimated Start Date:
Please select an option below:
Solicitation, review, and processing of subapplications and subawards
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Subapplication development regarding feasibility and effectiveness, and BCA
Pre-award SRMC can only be requested in Year 1. Supporting documentation is required with this request.
Strategic Funds Management (SFM) - Sub-Recipient Management Costs (SRMC) need to be obligated in increments
sufficient to cover Sub-Recipient needs, for no more than one year, unless contractual agreements require additional funding.
FEMA has established a threshold where annual increments will be applied to larger awards allowing smaller awards to b e
fully obligated.
Annual Breakdown of Estimated SRMC
Year 1 Year 2 Year 3 Total Estimated SRMC
$ -
Sub-Recipient Acknowledgement: *Authorized Agent or Point of Contact (POC) can sign
Our organization is declining the use of SRMC funding for the referenced project.
**Authorized Agent must sign for declining funds
This request is related to eligible indirect costs, direct administrative costs, or other administrative expenses associated with
this specific project.
The administrative requirements of the Code of Federal Regulations Title 2 Part 200: Uniform Administration Requirements (2
CFR 200) have been met.
Name: Authorization:
Title:
Signature: Date: 02/14/2023
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ATTACHMENT C : CERTIFICATION REGARDING LOBBYING (Appendix
A, 44 C.F.R. Part 18)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. 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 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.
2. 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.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation 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, Sarah Pickhardt, 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.
_________________________________________________________________
Signature of RECIPIENT/SUBGRANTEE’s Authorized Official
SARAH PICKHARDT, DIVISION CHIEF OF EMERGENCY MANAGEMENT
Name and Title of RECIPIENT/SUBGRANTEE’s Authorized Official
_______________
Date
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ATTACHMENT D: FEMA REQUIRED CONTRACT PROVISIONS, FEMA
RULES AND REGULATIONS (2 CFR Part 200, Appendix II)
To the extent applicable, the following are the requirements that RECIPIENT/SUBGRANTEE must
agree to in order to be awarded any contract under this MOA. If RECIPIENT/SUBGRANTEE is
unwilling to meet any of these requirements, RECIPIENT/SUBGRANTEE’s submittal shall not be
considered.
1. 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 employm ent from the
State of North Carolina outside of the first Term of the Contract. By executing this MOA the
RECIPIENT/SUBGRANTEE affirms this condition, as directed in Section 6. Selection Criteria
of this MOA. This affirmation is a material condition for the State’s award of any work under
this MOA.
2. 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.
3. Termination for Cause. If through any cause, RECIPIENT/SUBGRANTEE shall fail to fulfill in
a timely or proper manner any obligations under this Contract, or if RECIPIENT/SUBGRANTEE
shall violate any of the covenants, agreements, or stipulations of the Contract, State shall
thereupon have the right to terminate this Contract by giving written notice to
RECIPIENT/SUBGRANTEE of such termination and specifying the effective date of such
termination. Unless a shorter time is determined by State to be necessary, State shall effect
termination according to the following procedure:
a. Notice to Cure. State shall give written notice of the conditions of default, setting for
the ground or grounds upon which such default is declared (“Notice to Cure”). The
RECIPIENT/SUBGRANTEE shall have ten (10) days from receipt of the Notice to
Cure or any longer period that is set forth in the Notice to Cure to cure the default.
b. Notice of Termination. If the conditions set forth in the Notice to Cure are not cured
within the period set forth in the Notice to Cure, State may terminate the Contract, in
whole or in part. State shall give the RECIPIENT/SUBGRANTEE written notice of
such termination (“Notice of Termination”), specifying the applicable provision(s)
under which the Contract is terminated and the effective date of the termination.
c. In such event, all finished or unfinished documents, data, studies, and reports
prepared by RECIPIENT/SUBGRANTEE entitle RECIPIENT/SUBGRANTEE’s
receipt of just and equitable compensation for any satisf actory work completed on
such documents. Notwithstanding the above, RECIPIENT/SUBGRANTEE shall not
be relieved of liability to State for damage sustained to State by virtue of any breach
of this Contract by RECIPIENT/SUBGRANTEE. State may withhold any payments to
RECIPIENT/SUBGRANTEE for the purpose of set off until such time as the exact
amount of damages due State from RECIPIENT/SUBGRANTEE is determined.
4. 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.
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5. Equal Employment Opportunity. During the performance of this contract, the
RECIPIENT/SUBGRANTEE agrees as follows:
a. 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
applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual 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; rates 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.
b. The RECIPIENT/SUBGRANTEE will, in all solicitations or advertisements for employees
placed by or on behalf of the RECIPIENT/SUBGRANTEE, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
c. 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.
d. 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
RECIPIENT/SUBGRANTEE's commitments under this section, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
e. 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.
f. 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.
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g. In the event of the RECIPIENT/SUBGRANTEE'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 RECIPIENT/SUBGRANTEE 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 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.
h. The RECIPIENT/SUBGRANTEE will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (a) through (h) 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
RECIPIENT/SUBGRANTEE. 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 RECIPIENT/SUBGRANTEE becomes involved in,
or is threatened with, litigation with a subcontractor or RECIPIENT/SUBGRANTEE as a
result of such direction by the administering agency, the RECIPIENT/SUBGRANTEE
may request the United States to enter into such litigation to protect the interests of the
United States.
The applicant 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 applicant 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.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of
RECIPIENT/SUBGRANTEEs 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 applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a
RECIPIENT/SUBGRANTEE debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursua nt to the
Executive Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon RECIPIENT/SUBGRANTEEs and
subcontractors by the administering agency or the Secretary of Labor pursuant to Part I I,
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 t his grant
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(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.
6. Anti-Discrimination. RECIPIENT/SUBGRANTEE will comply with the following clauses: 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 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); Title IX of the Education Amendments
of 1972 (codified as amended at 20 U.S.C. § 1681 et seq.) (prohibiting discrimination on the
basis of sex); Titles I, II, III, IV, and V of the Americans with Disability Act of 1990 (prohibiting
discrimination on the basis of disability); Section 504 of the Rehabilitation Act of 1973 (codified
as amended at 29 U.S.C. § 794) (prohibiting discrimination on the basis of handicap); the Age
Discrimination Act of 1975 (codified as amended at 42 U.S.C. § 6101 et seq.) (prohibiting age
discrimination); Executive Order 11063 as amended by Executive Order 2259; and Section 109
of the Housing and Community Development Act of 1974, as amended.
7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Compliance with the Contract Work Hours and Safety Standards Act.
a. Overtime requirements. No RECIPIENT/SUBGRANTEE 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.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in 29 CFR §5.5(b)(1), the RECIPIENT/SUBGRANTEE and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
RECIPIENT/SUBGRANTEE 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. 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 29 CFR §5.5(b)(1), in the sum of $26 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 29 CFR §5.5(b)(1).
c. Withholding for unpaid wages and liquidated damages . State 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
RECIPIENT/SUBGRANTEE or subcontractor under any such contract or any other Federal
contract with the same prime RECIPIENT/SUBGRANTEE, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime RECIPIENT/SUBGRANTEE, such sums as may be determined to be
necessary to satisfy any liabilities of such RECIPIENT/SUBGRANTEE or subcontractor for
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unpaid wages and liquidated damages as provided in the clause set forth in 29 CFR
§5.5(b)(2).
d. Subcontracts. The RECIPIENT/SUBGRANTEE or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (b)(1) through (4) of 29 CFR §5.5 and also
a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime RECIPIENT/SUBGRANTEE shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR §5.5(b)(2)
through (4).
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT .
Clean Air Act
a. 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.
b. The RECIPIENT/SUBGRANTEE agrees to report each violation to the State and
understands and agrees that the State will, in turn, report each violation as required to
assure notification to the National Oceanic and Atmospheric Administration, and the
appropriate Environmental Protection Agency Regional Office.
c. The RECIPIENT/SUBGRANTEE 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
a. The RECIPIENT/SUBGRANTEE agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq.
b. The RECIPIENT/SUBGRANTEE agrees to report each violation to the State and
understands and agrees that the State will, in turn, report each violation as required to
assure notification to the National Oceanic and Atmospheric Administration, and the
appropriate Environmental Protection Agency Regional Office.
c. The RECIPIENT/SUBGRANTEE agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided by
FEMA.
9. Debarment and Suspension.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such, the RECIPIENT/SUBGRANTEE is required to verify that none of the
RECIPIENT/SUBGRANTEE’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).
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b. The RECIPIENT/SUBGRANTEE must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by State. If it is later
determined that the RECIPIENT/SUBGRANTEE did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State, the
Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment.
d. The RECIPIENT/SUBGRANTEE agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 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.
10. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) (as Amended).
RECIPIENT/SUBGRANTEEs who apply or bid for an award of $100,000 or more shall file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an
employee of a Member of Congress in connection with obtaining any Federal contract, grant, or
any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the
awarding agency.
Required Certification. If applicable, RECIPIENTS/SUBGRANTEES must sign and submit to the
RECIPIENT/SUBGRANTEE the certification in Attachment B.
11. Procurement of Recovered Materials.
a. In the performance of this contract, 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.
b. Information about this requirement, along with the list of EPA designated items, is available
at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
c. The RECIPIENT/SUBGRANTEE also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.
12. 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
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a ten percent (10%) goal for participation by minority and women owned businesses in total
value of work performed for the State.
13. Access to Records. The following access to records requirements apply to this contract:
a. The RECIPIENT/SUBGRANTEE agrees to provide State, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access
to any books, documents, papers, and records of the RECIPIENT/SUBGRANTEE which
are directly pertinent to this contract for the purposes of making audits, exa minations,
excerpts, and transcriptions.
b. The RECIPIENT/SUBGRANTEE agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
c. The RECIPIENT/SUBGRANTEE agrees to provide the FEMA Administrator or his
authorized representative access to construction or other work sites pertaining to the work
being completed under the contract.
d. In compliance with the Disaster Recovery Act of 2018, State and the
RECIPIENT/SUBGRANTEE acknowledge and agree that no language in this contract is
intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
e. RECIPIENT/SUBGRANTEE agrees to allow the departments and agencies of the State of
North Carolina, FEMA, the Comptroller General of the United States, and any of their duly
authorized representatives access to any books, documents, papers, and records of
RECIPIENT/SUBGRANTEE which are directly pertinent to the NCEM Program for the
purpose of making audits, examinations, excerpts, and transcriptions .
14. Records Retention. All records required to be kept on the project shall be maintained for at
least five (5) years after final payments and until all other pending matter s under the grant for
this project have been closed. However, if any audit, litigation or other action arising out of or
related in any way to this project is commenced before the end of the five (5) year period, the
records shall be retained for one (1) year after all issues arising out of the action are finally
resolved or until the end of the five (5) year period, whichever is later.
15. Energy Efficiency. All participants in the projects funded hereby shall recognize mandatory
standards and policies relating to energy efficiency, which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (PL 94 -
163).
16. 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.
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17. 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.
18. No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the non-Federal entity,
RECIPIENT/SUBGRANTEE, or any other party pertaining to any matter resulting from the
contract.
19. Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The RECIPIENT/SUBGRANTEE will comply with all applicable Federal law,
regulations, executive orders, FEMA policies, procedures, and directives.
20. DHS, Seal, Logo, and Flags. 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.
21. Davis-Bacon Act. If applicable, Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis -Bacon
Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be
applicable. The RECIPIENT/SUBGRANTEE shall comply with 40 U.S.C. 3141 -3144, and
3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. RECIPIENT/SUBGRANTEE are required to pay wages to laborers and mechanics at a rate
not less than the prevailing wages specified in a wage determination made by the Secretary of
Labor.
c. Additionally, RECIPIENT/SUBGRANTEE are required to pay wages not less than once a
week.
22. Copeland Anti-Kickback Act. If applicable, Compliance with the Copeland “Anti-Kickback”
Act.
a. RECIPIENT/SUBGRANTEE. The RECIPIENT/SUBGRANTEE shall comply with 18 U.S.C.
§ 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which
are incorporated by reference into this contract.
b. 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.
c. 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.
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23. System for Awards M anagement. 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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