HomeMy WebLinkAboutApprove and Accept the Fiscal Year 2022 Assistance to Firefi (2) ,✓'�NtiN6r 2000 Main Street,
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City of Huntington Beach 92648
APPROVED 7-0
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File #: 23-657 MEETING DATE: 8/1/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Scott M. Haberle, Fire Chief
PREPARED BY: Bonnie To, Principal Management Analyst
Subject:
Approve and accept the Fiscal Year(FY) 2022 Assistance to Firefighters Grant; authorize the
Fire Chief and Chief Financial Officer to execute documents; and approve budget
appropriations
Statement of Issue:
The Huntington Beach Fire Department applied for the FY 2022 Assistance to Firefighters Grant and
was awarded $144,290.90 for cancer screening physicals for sworn fire personnel. City Council is
requested to approve and accept the FY 2022 Assistance to Firefighters Grant, authorize the Fire
Chief and Chief Financial Officer to execute FY 2022 Assistance to Firefighters Grant documents,
and approve appropriations into the FY 2023/24 Operating Budget.
Financial Impact:
The total proposed project is $158,720.00, which is composed of the FY 2022 Assistance to
Firefighters Grant federal award amount of$144,290.90, and the 10% non-federal matching funds
requirement of$14,429.10. There are sufficient funds available in the FY 23/24 Fire Department
operating budget for the 10% non-federal matching funds requirement of$14,429.10.
Recommended Action:
A) Approve and accept the FY 2022 Assistance to Firefighters Grant awarded to the City of
Huntington Beach; and
B) Assign authority to the Fire Chief and Chief Financial Officer as the officials to execute and sign for
the FY 2022 Assistance to Firefighters Grant award, agreement, amendments, and extensions; and
C) Approve the budget appropriations and expenditures of$144,290.90, which is the federal award
amount. The remaining $14,429.10 non-federal matching requirement will be funded by existing
budget appropriations in the FY 2023/24 Fire Department operating budget.
City of Huntington Beach Page 1 of 2 Printed on 7/26/2023
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File #: 23-657 MEETING DATE: 8/1/2023
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
Huntington Beach Fire Department ("HBFD") applied for and was awarded the FY 2022 Assistance to
Firefighters Grant ("AFG 2022 Grant"). As stated in the AFG 2022 Notice of Funding Opportunity, the
objectives of the AFG Program are to provide critically needed resources that equip and train
emergency personnel to recognized standards, enhance operational efficiencies, foster
interoperability, and support community resilience. HBFD submitted a grant application for a federal
award of$1,325,867.73 to include Self-Contained Breathing Apparatus (SCBAs), portable radios,
and cancer screening physicals for sworn fire personnel.
The Fire Department received an award letter on July 13, 2023 stating that the cancer screening
physicals portion of the grant application received a federal award amount of$144,290.90. There is a
10% non-federal matching funds requirement of$14,429.10. Therefore, the total project amount is
$158,720.00. The SCBAs and portable radios were not approved by the AFG 2022 Grant. The AFG
2022 Grant notification included a due date of August 20, 2023 for the City of Huntington Beach to
accept the AFG 2022 Grant; otherwise the system will retract this notification.
The Huntington Beach Fire Department's project objective for the AFG 2022 Grant is to provide
cancer screenings and related ultrasounds to prioritize wellness of the department's firefighters.
HBFD has recently implemented a Health and Wellness Program to proactively address the health
and wellness needs of the professional firefighter. Our mission is to meet national, state, and local
health standards, while developing actions to progressively anticipate the health and wellness needs
industry wide. The AFG 2022 Grant award and matching funds would provide cancer screening
physicals for all sworn HBFD fire personnel.
City Council approval is requested to approve and accept the FY 2022 Assistance to Firefighters
Grant, authorize the Fire Chief and Chief Financial Officer to execute FY 2022 Assistance to
Firefighters Grant documents, and approve appropriations.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Financial Sustainability, Public Safety or Other
Attachment(s):
1. AFG 2022 Award Letter
City of Huntington Beach Page 2 of 2 Printed on 7/26/2023
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Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 07/13/2023
- FEMA
Drew Dipaola
CITY OF HUNTINGTON BEACH
2000 MAIN ST. P.O. BOX 190
HUNTINGTON BEACH, CA 92648
EMW-2022-FG-00169
Dear Drew Dipaola,
Congratulations on behalf of the Department of Homeland Security. Your application
submitted for the Fiscal Year (FY) 2022 Assistance to Firefighters Grant (AFG) Grant
funding opportunity has been approved in the amount of$144,290.90 in Federal
funding. As a condition of this grant, you are required to contribute non-Federal funds
equal to or greater than 10.0% of the Federal funds awarded, or$14,429.10 for a total
approved budget of$158,720.00. Please see the FY 2022 AFG Notice of Funding
Opportunity for information on how to meet this cost share requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting
this award,you acknowledge that the terms of the following documents are incorporated into the
terms of your award:
• Summary Award Memo- included in this document
• Agreement Articles- included in this document
• Obligating Document- included in this document
• 2022 AFG Notice of Funding Opportunity(NOFO) - incorporated by reference
Please make sure you read, understand, and maintain a copy of these documents in your official file
for this award.
Sincerely,
PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Summary Award Memo
Program: Fiscal Year 2022 Assistance to Firefighters Grant
Recipient: CITY OF HUNTINGTON BEACH
UEI-EFT: LKKFRC4PW7L4
DUNS number: 078143948
Award number: EMW-2022-FG-00169
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of
the public and firefighting personnel against fire and fire-related hazards.After careful
consideration, FEMA has determined that the recipient's project or projects submitted as part of the
recipient's application and detailed in the project narrative as well as the request details section of
the application - including budget information -was consistent with the Assistance to Firefighters
Grant Program's purpose and was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your
application for Fiscal Year(FY) 2022 Assistance to Firefighters Grants funding is incorporated into
the terms and conditions of this award.This includes any documents submitted as part of the
application.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal share
plus your cost share, if applicable):
Object Class Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $0.00
Supplies $0.00
Contractual $158,720.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $144,290.90
Non-federal $14,429.10
Total $158,720.00
Program Income $0.00
Approved scope of work
After review of your application, FEMA has approved the below scope of work.Justifications are
provided for any differences between the scope of work in the original application and the approved
scope of work under this award.You must submit scope or budget revision requests for FEMA's
prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2022
AFG NOFO.
Approved request details:
Wellness and fitness programs
Cancer Screening Physical
DESCRIPTION
Based on initial quote search for grant budgeting purposes, please see the following cost
breakdown: --Galleri Cancer Screening- Simple blood draw; Can identify up to 50 different
types of cancers;Very low false positive rate .This quote cost=$750 (includes cost of test,
blood draw appointment, and consultation with a doctor to review results) --Ultrasound
screening quote cost$490 per member.--Total cost for this budget line item:$1,240 x 128
sworn fire personnel.
QUANTITY UNIT PRICE TOTAL
128 $1,240.00 $158,720.00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Budget class from Other to Contractual
JUSTIFICATION
Budget class updated from Other to Contractual.
Personal Protective Equipment (PPE)
SCBA: SCBA Unit includes: Harness/Backpack, Face Piece and 2
cylinders
DESCRIPTION
The dollar amounts listed for this request are based on initial quote search for grant
budgeting purposes As per AFG NOFO criteria meets the High Priority Level for PPE (page
64); SCBA's greater than 10 Years old and has surpassed 2 NFPA cycles with the release of
the new edition in January 18th 2023.Also the 2013 edition SCBA's can be deemed obsolete
and/or out of compliance due to the fact that the current emergency breathing support system
that is used for rescue situations has been changed to meet new standards and will not
connect to the universal breathing emergency support system that is required by all
manufactures.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment
CHANGE FROM APPLICATION
Quantity from 114 to 0
Unit price from$9,957.00 to$0.00
JUSTIFICATION
This reduction is due to the score your project received at panels relative to other projects.
Equipment
Portable Radios (must be P-25 Compliant)
DESCRIPTION
Portable Radios that P-25 Compliant and needed portable radio accessories such as radio
antennas, microphone speakers with emergency button, and battery pack.The dollar
amounts listed for this request are based on initial quote search for grant budgeting purposes
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment
• CHANGE FROM APPLICATION
Quantity from 85 to 0
Unit price from$1,936.90 to$0.00
JUSTIFICATION
This reduction is due to the score your project received at panels relative to other projects.
Agreement Articles
Program: Fiscal Year 2022 Assistance to Firefighters Grant
Recipient: CITY OF HUNTINGTON BEACH
UEI-EFT: LKKFRC4PW7L4
DUNS number: 078143948
Award number: EMW-2022-FG-00169
Table of contents
ArticleAssurances,Administrative Requirements, Cost Principles, Representations and
1 Certifications
ArticleGeneral Acknowledgements and Assurances
2
€ArticleAcknowledgement of Federal Funding from DI-IS
3
EArticleActivities Conducted Abroad
!ArticleAge Discrimination Act of 1975
'ArticleAmericans with Disabilities Act of 1990
6
{ArticleBest Practices for Collection and Use of Personally Identifiable Information
7
ArticleCivil Rights Act of 1964—Title VI
'8
ArticleCivil Rights Act of 1968
`9
ArticleCopyright
10
ArticleDebarment and Suspension
j11
!ArticleDrug-Free Workplace Regulations
112
ArticleDuplication of Benefits
13
ArticleEducation Amendments of 1972 (Equal Opportunity in Education Act)—Title IX
14
ArticleE.O. 14074—Advancing Effective,Accountable Policing and Criminal Justice
i15 Practices to Enhance Public Trust and Public Safety
ArticleEnergy Policy and Conservation Act
16
ArticleFalse Claims Act and Program Fraud Civil Remedies
17
!ArticleFederal Debt Status
;18
!ArticleFederal Leadership on Reducing Text Messaging while Driving
19
ArticleFly America Act of 1974
:20
ArticleHotel and Motel Fire Safety Act of 1990
21
ArticleJohn S. McCain National Defense Authorization Act of Fiscal Year 2019
122
!ArticleLimited English Proficiency(Civil Rights Act of 1964, Title VI)
23
lArticleLobbying Prohibitions
24
ArticleNational Environmental Policy Act
25
JArticleNondiscrimination in Matters Pertaining to Faith-Based Organizations
26
ArticleNon-Supplanting Requirement
)27
;ArticleNotice of Funding Opportunity Requirements
28
'ArticlePatents and Intellectual Property Rights
29
ArticleProcurement of Recovered Materials
30
ArticleRehabilitation Act of 1973
!31
'ArticleReporting of Matters Related to Recipient Integrity and Performance
!32
;ArticleReporting Subawards and Executive Compensation
33
ArticleRequired Use of American Iron, Steel, Manufactured Products, and Construction
;34 Materials
ArticleSAFECOM
E35
ArticleTerrorist Financing
36
!ArticleTrafficking Victims Protection Act of 2000 (TVPA)
37
!ArticleUniversal Identifier and System of Award Management
38
ArticleUSA PATRIOT Act of 2001
39
!ArticleUse of DHS Seal, Logo and Flags
40
ArticleWhistleblower Protection Act
41
'ArticleEnvironmental Planning and Historic Preservation (EHP) Review
142
ArticleApplicability of DHS Standard Terms and Conditions to Tribes
43
!ArticleAcceptance of Post Award Changes
144
ArticleDisposition of Equipment Acquired Under the Federal Award
�45
ArticlePrior Approval for Modification of Approved Budget
46
!Articlelndirect Cost Rate
47
ArticleAward Performance Goals
48---___-_.
Article 1 Assurances,Administrative Requirements, Cost Principles,
Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of
Management and Budget (OMB) Standard Form 424B Assurances- Non-
Construction Programs, or OMB Standard Form 424D Assurances-
Construction Programs, as applicable. Certain assurances in these documents
may not be applicable to your program, and the DHS financial assistance office
(DHS FAO) may require applicants to certify additional assurances.Applicants
are required to fill out the assurances as instructed by the awarding agency. II.
DHS financial assistance recipients are required to follow the applicable
provisions of the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards located at Title 2, Code of Federal
Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III.
By accepting this agreement, recipients, and their executives, as defined in 2
C.F.R.§ 170.315, certify that their policies are in accordance with OMB's
guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant
Executive guidance.
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Article 2 General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff. I.
Recipients must cooperate with any DHS compliance reviews or compliance
investigations conducted by DHS. II. Recipients must give DHS access to
examine and copy records, accounts, and other documents and sources of
information related to the federal financial assistance award and permit access
to facilities or personnel. III. Recipients must submit timely, complete, and
accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports. IV. Recipients must comply with
all other special reporting, data collection, and evaluation requirements, as
prescribed by law, or detailed in program guidance.V. Recipients (as defined
in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of
federal financial assistance from DHS or one of its awarding component
agencies must complete the DHS Civil Rights Evaluation Tool within thirty(30)
days of receipt of the Notice of Award for the first award under which this term
applies. Recipients of multiple awards of DHS financial assistance should only
submit one completed tool for their organization, not per award.After the initial
submission, recipients are required to complete the tool once every two (2)
years if they have an active award, not every time an award is made.
Recipients should submit the completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov.This tool clarifies the civil rights obligations
and related reporting requirements contained in the DHS Standard Terms and
Conditions. Subrecipients are not required to complete and submit this tool to
DHS.The evaluation tool can be found at https://www.dhs.gov/publication/dhs-
civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland
Security.The OHS Office for Civil Rights and Civil Liberties will consider, in its
discretion, granting an extension if the recipient identifies steps and a timeline
for completing the tool. Recipients should request extensions by emailing the
request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day ';
deadline.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposal, bid invitations, and other
documents describing projects or programs funded in whole or in part with
federal funds.
Article 4 Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United
States are coordinated as necessary with appropriate government authorities
and that appropriate licenses, permits, or approvals are obtained.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code,
§ 6101 et seq.),which prohibits discrimination on the basis of age in any
program or activity receiving federal financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the
Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended
at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from discriminating
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing
entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable
Information
Recipients who collect personally identifiable information (PII) are required to
have a publicly available privacy policy that describes standards on the usage
and maintenance of the Pll they collect. DHS defines PII as any information
that permits the identity of an individual to be directly or indirectly inferred,
including any information that is linked or linkable to that individual. Recipients
may also find the DHS Privacy Impact Assessments: Privacy Guidance and
Privacy Template as useful resources respectively.
Article 8 Civil Rights Act of 1964-Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act
of 1964 (codified as amended at 42 U.S.C. §2000d et seq.),which provides
that no person in the United States will, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal
financial assistance. DHS implementing regulations for the Act are found at 6
C.F.R. Part 21 and 44 C.F.R. Part 7.
3
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VI I I of the Civil Rights Act of 1968, Pub. L.
90-284, as amended through Pub. L. 113-4, which prohibits recipients from
discriminating in the sale, rental,financing, and advertising of dwellings, or in
the provision of services in connection therewith, on the basis of race, color,
national origin, religion, disability, familial status, and sex (see 42 U.S.C. §
3601 et seq.), as implemented by the U.S. Department of Housing and Urban
Development at 24 C.F.R. Part 100.The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more
dwelling units—i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground-floor units in
buildings without elevators)—be designed and constructed with certain
accessible features. (See 24 C.F.R. Part 100, Subpart D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§401 or
402 and an acknowledgement of U.S. Government sponsorship (including the
award number) to any work first produced under federal financial assistance
awards.
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Article 11 Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension
regulations implementing Executive Orders (E.O.) 12549 and 12689,which are
at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002.These
regulations restrict federal financial assistance awards, subawards, and
contracts with certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs or
activities.
I i
Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B
(or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which
adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-
5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
Article 13 Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided
for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal
financial assistance awards to overcome fund deficiencies;to avoid restrictions
imposed by federal statutes, regulations, or federal financial assistance award
terms and conditions; or for other reasons. However, these prohibitions would
not preclude recipients from shifting costs that are allowable under two or more
awards in accordance with existing federal statutes, regulations, or the federal
financial assistance award terms and conditions may not be charged to other
federal financial assistance awards to overcome fund deficiencies;to avoid
restrictions imposed by federal statutes, regulations, or federal financial
assistance award terms and conditions;or for other reasons.
Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act)—
Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20
U.S.C. § 1681 et seq.), which provide that no person in the United States will,
on the basis of sex, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any educational program or activity
receiving federal financial assistance. DHS implementing regulations are
codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
Article 15 E.O. 14074—Advancing Effective,Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must
comply with the requirements of section 12(c) of E.O. 14074. Recipient State,
Tribal, local, or territorial law enforcement agencies are also encouraged to
adopt and enforce policies consistent with E.O. 14074 to support safe and
effective policing.
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Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. §
6201 et seq.), which contain policies relating to energy efficiency that are
defined in the state energy conservation plan issued in compliance with this
Act.
Article 17 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31
U.S.C. §§3729-3733, which prohibit the submission of false or fraudulent
claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812,
which details the administrative remedies for false claims and statements
made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other
taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-
129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text
messaging while driving as described in E.O. 13513, including conducting
initiatives described in Section 3(a) of the Order when on official government
business or when performing any work for or on behalf of the Federal
Government.
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Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers
holding certificates under 49 U.S.C.)for international air transportation of
people and property to the extent that such service is available, in accordance
with the International Air Transportation Fair Competitive Practices Act of
1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B-138942.
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Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training
space funded in whole or in part with federal funds complies with the fire
prevention and control guidelines of Section 6 of the Hotel and Motel Fire
Safety Act of 1990, 15 U.S.C. § 2225a
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject
to the prohibitions described in section 889 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018)
and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part
200. Beginning August 13, 2020, the statute-as it applies to DHS recipients,
subrecipients, and their contractors and subcontractors- prohibits obligating
or expending federal award funds on certain telecommunications and video
surveillance products and contracting with certain entities for national security
reasons
Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C.
§2000d et seq.) prohibition against discrimination on the basis of national
origin, which requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services. For additional assistance and
information regarding language access obligations, please refer to the DHS
Recipient Guidance: https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-
limited and additional resources on http://www.lep.gov.
Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the
funds provided under a federal financial assistance award may be expended by
the recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any
federal action related to a federal award or contract, including any extension,
continuation, renewal, amendment, or modification.
Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental
Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42
U.S.C. §4321 et seq.and the Council on Environmental Quality (CEQ)
Regulations for Implementing the Procedural Provisions of NEPA, which
require recipients to use all practicable means within their authority, and
consistent with other essential considerations of national policy, to create and
maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future
generations of Americans
1
Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in
social service programs administered or supported by DHS or its component
agencies, enabling those organizations to participate in providing important
social services to beneficiaries. Recipients must comply with the equal
treatment policies and requirements contained in 6 C.F.R. Part 19 and other
applicable statues, regulations, and guidance governing the participations of
faith- based organizations in individual DHS programs.
Article 27 Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-
federal sources.
Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the
Notice of Funding Opportunity(NOFO) for this program are incorporated here
by reference in the award terms and conditions.All recipients must comply with
any such requirements set forth in the program NOFO.
Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless
otherwise provided by law. Recipients are subject to the specific requirements
governing the development, reporting, and disposition of rights to inventions
and patents resulting from federal financial assistance awards located at 37
C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. §
401.14.
Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified
as amended by the Resource Conservation and Recovery Act, 42 U.S.C. §
6962.) The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40
C.F.R. Part 247 that contain the highest percentage of recovered materials
{ practicable, consistent with maintaining a satisfactory level of competition.
Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the
Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29
U.S.C. § 794,)which provides that no otherwise qualified handicapped
individuals in the United States will, solely by reason of the handicap, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
assistance.
Article 32 Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements: If the total value of any currently active
grants, cooperative agreements, and procurement contracts from all federal
awarding agencies exceeds$10,000,000 for any period of time during the
period of performance of this federal award, then the recipients must comply
with the requirements set forth in the government-wide Award Term and
Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.
Part 200, Appendix XII, the full text of which is incorporated here by reference
in the award terms and conditions.
Article 33 Reporting Subawards and Executive Compensation
Reporting of first tier subawards. Recipients are required to comply with the
requirements set forth in the government-wide award term on Reporting
Subawards and Executive Compensation located at 2 C.F.R. Part 170,
Appendix A, the full text of which is incorporated here by reference in the award
terms and conditions.
Article 34 Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
Recipients must comply with the "Build America, Buy America" provisions of
the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an
award of Federal financial assistance from a program for infrastructure are
hereby notified that none of the funds provided under this award may be used
for a project for infrastructure unless: (1) all iron and steel used in the project
are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in
the United States; (2) all manufactured products used in the project are
produced in the United States—this means the manufactured product was
manufactured in the United States; and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United
States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum
amount of domestic content of the manufactured product has been established
under applicable law or regulation; and (3) all construction materials are
manufactured in the United States—this means that all manufacturing
processes for the construction material occurred in the United States.The Buy
America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project.As such,
it does not apply to tools, equipment, and supplies, such as temporary
scaffolding, brought to the construction site and removed at or before the
completion of the infrastructure project. Nor does a Buy America preference
apply to equipment and furnishings, such as movable chairs, desks, and
portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently
affixed to the infrastructure project.Waivers When necessary, recipients may
apply for, and the agency may grant, a waiver from these requirements.
Information on the process for requesting a waiver from these requirements is
on the website below. (a)When the federal agency has made a determination
that one of the following exceptions applies, the awarding official may waive the
application of the domestic content procurement preference in any case in
which the agency determines that: (1) applying the domestic content
procurement preference would be inconsistent with the public interest; (2) the
types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities
or of a satisfactory quality; or(3) the inclusion of iron, steel, manufactured
products, or construction materials produced in the United States will increase
the cost of the overall project by more than 25 percent.A request to waive the
application of the domestic content procurement preference must be in writing.
The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request.Waiver requests are subject to
public comment periods of no less than 15 days and must be reviewed by the
Made in America Office.There may be instances where an award qualifies, in
whole or in part,for an existing waiver described at "Buy America" Preference
in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov.The
awarding Component may provide specific instructions to Recipients of awards
from infrastructure programs that are subject to the "Build America, Buy
America" provisions. Recipients should refer to the Notice of Funding
Opportunity for further information on the Buy America preference and waiver
process.
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities
must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit
transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. Recipients are legally responsible
to ensure compliance with the Order and laws.
Article 37 Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons. Recipients must comply with the requirements of the
government-wide financial assistance award term which implements Section
106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as
amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15,
the full text of which is incorporated here by reference.
Article 38 Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier
Recipients are required to comply with the requirements set forth in the
government-wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A,the full text of which is incorporated here by reference.
Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18
U.S.C. §§ 175-175c.
Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS
seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections (if applicable) at 10 U.S.0§ 2409, 41 U.S.C. §4712, and 10 U.S.C.
§ 2324, 41 U.S.C. §§4304 and 4310.
Article 42 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review
process.This review does not address all federal, state, and local
requirements.Acceptance of federal funding requires the recipient to comply
with all federal, state and local laws. DHS/FEMA is required to consider the
potential impacts to natural and cultural resources of all projects funded by
DHS/FEMA grant funds, through its EHP review process, as mandated by:the
National Environmental Policy Act; National Historic Preservation Act of 1966,
as amended; National Flood Insurance Program regulations; and any other
applicable laws and executive orders. General guidance for FEMA's EHP
process is available on the DHS/FEMA Website. Specific applicant guidance
on how to submit information for EHP review depends on the individual grant
program and applicants should contact their grant Program Officer to be put
into contact with EHP staff responsible for assisting their specific grant
program.The EHP review process must be completed before funds are
released to carry out the proposed project; otherwise, DHS/FEMA may not be
able to fund the project due to noncompliance with EHP laws, executive orders,
regulations, and policies. If ground disturbing activities occur during
construction, applicant will monitor ground disturbance, and if any potential
archaeological resources are discovered the applicant will immediately cease
work in that area and notify the pass-through entity, if applicable, and
DHS/FEMA.
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Article 43 Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to sub-recipients as a
matter of law, regulation, or executive order. If the requirement does not apply
to Indian tribes or there is a federal law or regulation exempting its application
to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS
Standard Terms and Conditions does not change or alter its inapplicability to
an Indian tribe.The execution of grant documents is not intended to change,
alter, amend, or impose additional liability or responsibility upon the Tribe
where it does not already exist.
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Article 44 Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award
document after an award has been made, including changes to period of
performance or terms and conditions, recipients will be notified of the changes
in writing. Once notification has been made, any subsequent request for funds
will indicate recipient acceptance of the changes to the award. Please call the
FEMA/GMD Call Center at (866) 927-5646 or via e-mail to:ASK-
GM Dgfema.dhs.gov if you have any questions.
Article 45 Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award
by a non-state recipient or non-state sub-recipients, when that equipment is no
longer needed for the original project or program or for other activities currently
or previously supported by a federal awarding agency, you must request
instructions from FEMA to make proper disposition of the equipment pursuant
to 2 C.F.R. section 200.313. State recipients and state sub-recipients must
follow the disposition requirements in accordance with state laws and
procedures.
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Article 46 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award,you
must request prior written approval from FEMA where required by 2 C.F.R.
section 200.308. For purposes of non-construction projects, FEMA is utilizing
its discretion to impose an additional restriction under 2 C.F.R. section
200.308(f) regarding the transfer of funds among direct cost categories,
programs, functions, or activities.Therefore, for awards with an approved
budget where the federal share is greater than the simplified acquisition
threshold (currently$250,000),you may not transfer funds among direct cost
categories, programs,functions, or activities without prior written approval from
FEMA where the cumulative amount of such transfers exceeds or is expected
to exceed ten percent(10%) of the total budget FEMA last approved. For
purposes of awards that support both construction and non-construction work,
FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require
the recipient to obtain prior written approval from FEMA before making any
fund or budget transfers between the two types of work.You must report any
deviations from your FEMA approved budget in the first Federal Financial
Report (SF-425)you submit following any budget deviation, regardless of
whether the budget deviation requires prior written approval.
{ Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the
indirect cost rate for the federal award. If applicable, the indirect cost rate for
this award is stated in the budget documents or other materials approved by
FEMA and included in the award file.
Article 48 Award Performance Goals
FEMA will measure the recipient's performance of the grant by comparing the
number of items requested in its application, the numbers acquired (ordered,
paid, and received) within the period of performance. In order to measure
{ performance, FEMA may request information throughout the period of
performance. In its final performance report submitted at closeout, the recipient
is required to report on the recipients compliance with the applicable industry,
local, state and national standards described in the NOFO.
Obligating document
1. Agreement 2. Amendment 3. Recipient 4. Type of 5. Control No.
No. No. No. Action WX01191N2023T
EMW-2022-FG- N/A 956000723 AWARD
00169
6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and
Address Address Address
CITY OF HUNTINGTON Grant Programs Directorate FEMA, Financial Services
BEACH 500 C Street, S.W. Branch
2000 MAIN ST Washington DC, 20528-7000 500 C Street, S.W., Room
HUNTINGTON BEACH, 1-866-927-5646 723
CA 92648 Washington DC, 20742
9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Phone
Project Officer No. Coordinator No.
Drew Dipaola 7145615927 Assistance to Firefighters 1-866-274-
Grant Program 0960
11. Effective Date of 12. Method of 13. Assistance 14. Performance
This Action Payment Arrangement Period
07/20/2023 to
07/13/2023 OTHER - FEMA COST SHARING 07/19/2025
GO Budget Period
07/20/2023 to
07/19/2025
15. Description of Action a. (Indicate funding data for awards or financial
changes)
Program Assistance Accounting Prior Amount Current Cumulative
Awarded
Name Listings Data(ACCS Total Total Non-Federal
This Action
Abbreviation No. Code) Award+ or (-) Award Commitment
2023-F2-
AFG 97.044 GB01 - $0.00 $144,290.90 $144,290.90 $14,429.10
P410-xxxx-
4101-D
Totals$0.00 $144,290.90$144,290.90$14,429.10
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
•
address)
This field is not applicable for digitally signed grant agreements
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
PAMELA WILLIAMS, Assistant Administrator, Grant Programs 07/13/2023