2018-814-E Emergency Svc - FY2018 HMEP award letter IQ and air monitoring training

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DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36 For Official Use Only R. Each Sub-recipient must have a DUNS Number, prior to any funds being released. DUNS Numbers may be obtained from either of the following web links: www.dnb.com or hsv://fedRov.dnb.com/webform. S. System for Award Management (SAM) registration is required for all applicants. Each Sub-recipient shall ensure that your organization's name, address, DUNS number and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all federal awards. SAM information can be found at http://www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore it is imperative that the information is correct. T. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, exercise or work activities beyond that identified in this MOA shall be the sole responsibility of Sub-recipient and shall not be reimbursed under this MOA. U. HMEP sub-recipients certify that they have read and agree to abide by the instructions contained in the sub- recipient instructions document provided by NCEM. V. If applicable, changes, real property, equipment, supplies and copyrights will be administered in accordance with 2 CFR Part 200 9. Funding All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the DOT and NCEM for the purpose set forth. The MOA shall automatically terminate if funds cease to be available. All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from USDOT, PHMSA and Recipient for the purposes set forth and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the applicable USDOT Program Guidelines, which include,but may not be limited to,the FY 2018 HMEP NOFOA, available at: www.phmsa.dot.gov,2 CFR Parts 200 Sub-part F, 215, 220, 225, and 230, Federal Acquisition Regulations (FAR) Part 31.2, and the USDOT Financial Management Guide available at www.DOT.gov. Allowable costs are also subject to the approval of the State Administrative Agent for the State of North Carolina,the Secretary of the Department of Public Safety. 10. Taxes Sub-recipient shall be considered to be an independent sub-recipient and as such shall be responsible for all taxes. 11. Warranty As an independent sub-recipient, the Sub-recipient will hold the Recipient harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 12. Audit Requirements For all PHMSA grant programs, Sub-recipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. 13. State Property Sub-recipient shall be responsible for the custody and care of any property purchased with HMEP funds furnished for use in connection with the performance of this Agreement and shall reimburse the Recipient for any loss or damage to said property until the property is disposed of in accordance with HMEP Program requirements. HMEP MOA 2018 Page 6 of 14