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DocuSign Envelope ID: 28CAEBFI-7EF841D9-9D5C-A652FBB04DEC <br />For Official Use Only <br />and policies governing these funds; that all information is correct; that there has been appropriate coordination <br />with affected agencies; that it is duly authorized to commit the Sub -Recipient to these requirements; that costs <br />incurred prior to grant application approval will result in the expenses being absorbed by the Sub -Recipient; and <br />that all agencies involved with this project understand that all Federal funds are limited to the Federal period of <br />performance. <br />6. _SuipWantation• <br />Sub -Recipients are required to provide assurance that grant funds will not be used to supplant or replace local or <br />state funds or other resources that would otherwise have been available for homeland security activities. In <br />compliance with that mandate, the Sub -Recipient certifies that the receipt of Federal funds through North <br />Carolina Emergency Management shall in no way supplant or replace state or local funds or other resources that <br />would have been made available for homeland security activities. <br />7. Compliance: <br />Sub -Recipient shall comply with the applicable statutes, ordinances, regulations, licensing requirements, policies, <br />guidelines and requirements, reporting requirements and certifications and other regulatory matters that are <br />applicable to the conduct of its business and purchase requirements performed under this MOA, including those <br />of Federal requirements and State and local agencies having appropriate jurisdiction and found in the applicable <br />FY 2017 HSGP NOFO announcement. Sub -Recipient shall be wholly responsible for the purchases to be made <br />under this MOA and for the supervision of its employees and assistants. Failure to comply with the specified <br />conditions of this MOA will result in the return of funds and/or items to North Carolina Emergency Management. <br />8. Responsibilities: <br />A. The Recipient shall: <br />i. Provide funding to the Sub -Recipient to perform the work activities as described herein. <br />ii. Conduct a review of the project to ensure that it is in accordance with HSGP requirements. <br />iii. The Federal award date is September 1, 2017. Funds allocated for the performance of the work activities <br />must be encumbered and invoices received by the North Carolina, Department of Public Safety, and <br />North Carolina Emergency Management by February 28, 2020. <br />iv. Directly monitor the completion of this project. <br />B. The Sub -Recipient shall: <br />i. Expend FY 2017 HSGP Grant Program funds in accordance with the applicable USDHS and HSGP <br />NOFO announcement, the Grant Application Package, and the Grant Award and Special Conditions <br />documents, incorporated by reference herein, of this MOA for the performance of the work activities. <br />ii. Utilize State of North Carolina and/or local procurement policies and procedures for the expenditure of <br />funds, and conform to applicable State and Federal law and the standards identified in the Procurement <br />Standards Sections of 44 Code of Federal Regulations (CFR) 2 CFR Part 200. Sub -Recipient must follow <br />procurement procedures and policies as outlined in the applicable USDHS and HSGP NOFO <br />announcement and the USDHS Financial Management Guide. Sub -Recipient shall comply with all <br />applicable laws, regulations and program guidance. Sub -Recipient must comply with the most recent <br />version of the funding administrative requirements, cost principles, and audit requirements. <br />Administrative and procurement practices must conform to applicable Federal requirements. A non- <br />exclusive list of regulations commonly applicable to DHS grants are listed below, codified in the <br />following guidance: 2 CFR 215; 2 CFR Parts 225, 220, and 230; 15 CFR Part 24; Federal Acquisition <br />Regulations (FAR), Part 31.2; and 2 CFR 200 Sub -part F and 44 CFR Part 14; 28 CFR Part 23 "Criminal <br />Intelligence Systems Operating Policies'; 49 CFR Part 1520 "Sensitive Security Information"; Public <br />Law 107-296, The Critical Infrastructure Act of 2002; Title VI of the Civil Rights Act of 1964, as <br />amended, 42 U.S.C. 2000 et. seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. <br />1681 et. seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age <br />Discrimination Act of 1975, as amended, 20 U.S.C. 6101 et. seq.; Cash Management Improvement Act <br />(CMIA) and its implementing regulations at 31 CFR Part 205; FEMA Grant Programs Directorate, Grants <br />Management Division, Match Guidance; Certifications and Assurances regarding Lobbying 31 U.S.C. <br />1352, Drug -Free Workplace Act, as amended, 41 U.S.C. 701 et. seq. and Certification Regarding Drug - <br />3 of 14 <br />