HomeMy WebLinkAboutApprove and Accept the Fiscal Year (FY) 2023 Assistance to F (2) 0N1.1NG7o 2000 Main Street,
of Huntington Beach,CA
# w=� City of Huntington Beach 92648
APPROVED 7-0
coi; 7Y GPI\
File #: 24-533 MEETING DATE: 8/6/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Scott M. Haberle, Fire Chief
PREPARED BY: Bonnie To, Principal Management Analyst
Subject:
Approve and accept the Fiscal Year (FY) 2023 Assistance to Firefighters Grant; authorize the
Fire Chief and Chief Financial Officer to execute documents; and approve appropriation of
funds
Statement of Issue:
The Huntington Beach Fire Department applied for the FY 2023 Assistance to Firefighters Grant and
was awarded $161,745.16 for fire shelter items and cancer screening physicals for sworn fire
personnel. City Council is requested to approve and accept the FY 2023 Assistance to Firefighters
Grant, and authorize the Fire Chief and Chief Financial Officer to execute the FY 2023 Assistance to
Firefighters Grant documents.
Financial Impact:
The FY 2023 Assistance to Firefighters Grant award totals $161,745.16 and includes a matching
requirement of$16,174.52, for a total project budget of$177,919.68. There are sufficient funds
available within the current Fire Department budget to meet the matching requirement and no
additional appropriations are requested.
Recommended Action:
A) Approve and accept the FY 2023 Assistance to Firefighters Grant awarded to the City of
Huntington Beach; and
B) Authorize the Fire Chief and Chief Financial Officer as the officials to execute and sign for the FY
2023 Assistance to Firefighters Grant award, agreement, amendments, and extensions; and,
C) Approve the appropriation of grant revenues and expenditures in the amount of$161,745.16.
Alternative Action(s):
Do not approve and direct staff accordingly.
City of Huntington Beach Page 1 of 2 Printed on 7/31/2024
powere37oaj LegistarM
File #: 24-533 MEETING DATE: 8/6/2024
Analysis:
The Huntington Beach Fire Department ("HBFD") applied for and was awarded the FY 2023
Assistance to Firefighters Grant ("AFG 2023 Grant"). As stated in the AFG 2023 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.
The Fire Department received an award letter on July 12, 2024 stating that the fire shelter items and
cancer screening physicals portion of the grant application received a federal award amount of
$161,745.16. There is a 10% non-federal matching funds requirement of$16,174.52. There are
sufficient funds available in the FY 24/25 HBFD operating budget to cover the 10% non-federal
matching requirement. Therefore, the total project amount is $177,919.68. The AFG 2023 Grant
notification included a due date of August 11, 2024 for the City of Huntington Beach to accept the
Grant; otherwise the grantor will retract this notification.
The Huntington Beach Fire Department's project objective for the AFG 2023 Grant is to provide fire
shelters, 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 2023 Grant award and matching funds would provide cancer
screening physicals for all sworn HBFD fire personnel. HBFD was previously awarded AFG 2022
grant funds for cancer screening physicals.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the
City's priority initiatives and projects.
For details, visit www.huntingtonbeachca.gov/strategicplan
<http://www.huntingtonbeachca.gov/strategicplan>.
Attachment(s):
1. FY 2023 Assistance to Firefighters Grant Notice of Award Letter
City of Huntington Beach Page 2 of 2 Printed on 7/31/2024
poweree74 LegistarTM
Award Letter
U.S. Department of Homeland Security
Washington, D.C.20472
Effective date:07/08/2024 (W.P FEMA
Drew DiPaola
CITY OF HUNTINGTON BEACH
2000 MAIN ST.P.O.BOX 711
HUNTINGTON BEACH,CA 92648
EMW-2023-FG-00174
Dear Drew DiPaola,
Congratulations on behalf of the Department of Homeland Security.Your application submitted for
the Fiscal Year(FY)2023 Assistance to Firefighters Grant(FG)Grant funding opportunity has
been approved In the amount of$161,745.16 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$16,174.52 for a total approved budget of$177,919.68.Please see the FY 2023 FG
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
• 2023 FG 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 APPROVED AS TO FORM
Assistant Administrator, Grant Programs
• MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
374
Summary Award Memo
Program: Fiscal Year 2023 Assistance to Firefighters Grant
Recipient:CITY OF HUNTINGTON BEACH
UEI-EFT: LKKFRC4PW7L4
DUNS number:078143948
Award number: EMW-2023-FG-00174
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)2023 Assistance to Firefighters Grant 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):
•
•
375
Object Class Total
Personnel $0.00
•
Fringe benefits • $0,00
Travel $0.00
Equipment $19,199.68
•
Supplies i $0.00
Contractual $158,720.00
Construction • $0.00
Other • $0.00
Indirect charges •
$0.00
Federal i $161,745.16
Non-federal $16,174.52
Total $177,919.68
i •
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 FY2023
FG NOFO.
Approved request details:
Personal Protective Equipment (PPE)
376
Shelters - Wildland
DESCRIPTION
(32) U,S, Forest Service specification 5100-606 New Generation Flre Shelters.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS •
Cost 1 32 $599.99 $19,199,68 Equipment
•
Wellness and fitness programs
Cancer Screening Physical
DESCRIPTION
•
Based on initial quote search for grant budgeting purposes, please see the following cost •
• breakdown:--Blood cancer screening-simple blood draw.This test can Identify up to 50 i •
different types of cancers.Very low false positive rate.$750-Includes cost of test,blood
draw appointment,and consultation with a doctor to review results)$490-Ultrasound
screening quote cost$490 per member.
{
QUANTITY UNIT PRICE TOTAL I
•
128 $1,240.00 $158,720.00
•
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
JUSTIFICATION
•
Equipment
•
•
•
377
Portable Radios (must be P-25 Compliant)
i R
j DESCRIPTION i .
(85)Radio Units(85)Antennas(85) Remote Microphone Speakers(85)Clamshell AA
Battery Packs
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment
CHANGE FROM APPLICATION
Quantity from 88 to.0
Unit price from$1,944,34 to$0.00
JUSTIFICATION t
This reduction Is due to the score your project received relative to other projects.
378
Agreement Articles
Program: Fiscal Year 2023 Assistance to Firefighters Grant
Recipient:CITY OF HUNTINGTON BEACH
UEI-EFT: LKKFRC4PW7L4
DUNS number:078143948
Award number: EMW-2023-FG-00174
Table of contents
379
Article Assurances,Administrative Requirements,Cost Principles, Representations,
11 and Certifications
Article General Acknowledgements and Assurances •
2
•
Article Acknowledgement of Federal Funding from DHS .
3
'Article Activities Conducted Abroad
4 .
Article Age Discrimination Act of 1975
15
'Article Americans with Disabilities Act of 1990
6
Article Best Practices for Collection and Use of Personally Identifiable Information
7
Article Civil Rights Act of 1964—Title VI
8 .
•
Article Civil Rights Act of 1968
9
Article Copyright •
10
Article Debarment and Suspension
11
Article Drug-Free Workplace Regulations
12
Article Duplicative Costs
13
Article Education Amendments of 1972(Equal Opportunity in Education Act)—Title IX
14
Article E.O. 14074—Advancing Effective,Accountable Policing and Criminal Justice
15 Practices to Enhance Public Trust and Public.Safety
Article Energy Policy and Conservation Act
16
Article False Claims Act and Program Fraud Civil Remedies
17 •
Article Federal Debt Status
18
Article Federal Leadership on Reducing Text Messaging while Driving
19
Article Fly America Act of 1974
20
',Article Hotel and Motel Fire Safety Act of 1990
,21
',Article John S.McCain National Defense Authorization Act of Fiscal Year 2019
122
Article Limited English Proficiency(Civil Rights Act of 1964,Title VI)
!23
Article Lobbying Prohibitions •
:24
'Article National Environmental Policy Act •
'25 •
•
380
Article Nondiscrimination in Matters Pertaining to Faith-Based Organizations •
;26
Article Non-Supplanting Requirement
127
'Article Notice of Funding Opportunity Requirements i
28 •
•
Article Patents and Intellectual Property Rights
29 •
1Article Procurement of Recovered Materials
;30 '
!Article Rehabilitation Act of 1973
;31 .
Article Reporting of Matters Related to Recipient integrity and Performance j
;32
'Article Reporting Subawards and Executive Compensation
'33
Article Required Use of American Iron,Steel, Manufactured Products,and Construction. •
'34 Materials
Article SAFECOM
;35
(Article Terrorist Financing •
;36
Article Trafficking Victims Protection Act of 2000(TVPA) •
37
Article Universal Identifier and System of Award Management •
;38
!Article USA PATRIOT Act of 2001
;39
!Article Use of DHS Seal,Logo and Flags •
140
Article Whistleblower Protection Act
;41 .
Article Environmental Planning and Historic Preservation(EHP) Review
142 •
;Article Applicability of OHS Standard Terms and Conditions to Tribes
143 •
',Article Acceptance of Post Award Changes
I44
iArttcle Disposition of Equipment Acquired Under the Federal Award •
5
Article Prior Approval for Modification of Approved Budget
146
Article indirect Cost Rate •
147 i
Article Award Performance Goals i
48
381 •
Article 1 Assurances,Administrative Requirements,Cost Principles,
Representations,and Certifications
I,Recipients must complete either the Office of Management and Budget
•
(OMB) Standard Form 424E 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 federal awarding agency. •
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements,Cost Principles,and Audit Requirements for
Federal Awards in effect as of the federal award date and located at 2 C.F.R.
Part 200 and adopted by DHS at 2 C.F.R.§3002.10.All recipients and
subrecipients must acknowledge and agree to provide DHS access to records,
accounts,documents, information,facilities,and staff pursuant to 2 C.F.R.§
200.337. I.Recipients must cooperate with any DHS compliance reviews or
compliance investigations.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
and 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 required by law,
federal regulation, Notice of Funding Opportunity,federal award specific terms
and conditions,and/or federal awarding agency program guidance.V.
Recipients must complete the DHS Civil Rights Evaluation Tool within thirty
(30)days of receiving the Notice of Award for the first award under which this
term applies.Recipients of multiple federal awards from DHS should only
submit one completed tool for their organization,not per federal award.After
the initial submission,recipients are required to complete the tool once every
two(2)years If they have an active federal award,not every time a federal
award Is made. Recipients must submit the completed tool, including
supporting materials,to CIvliRightsEvaluation@hq.dhs.gov.This tool clarifies
the civil rights obligations and related reporting requirements contained in
these OHS Standard Terms and Conditions.Subreciplents 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 DHS Office for Civil Rights
and Civil Liberties will consider, in its discretion,granting an extension to the
30-day deadline if the recipient Identifies steps and a timeline for completing
the tool.Recipients must request extensions by emalling the request to
CivllRightsEvaluatlon@hq.dhs.gov prior to expiration of the 30-day deadline.
382
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award 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 award funds.
•
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when
performing project activities outside the United States obtain all appropriate
licenses, permits,or approvals.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975, Pub. L.No.94-135(codified as amended at 42 U.S.C.§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 ill of the •
Americans with Disabilities Act, Pub.L. No.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)as part of
carrying out the scope of work under a federal award are required to have a
publicly available privacy policy that describes standards on the usage and
maintenance of the P11 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, Pub.L.No.88-352(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.Recipients of an award from the Federal
Emergency Management Agency(FEMA) must also comply with FEMA's
implementing regulations at 44 C.F.R.Part 7. •
383
Article 9 Civil Rights Act of 1968 •
Recipients must comply with Title VIII of the Civil Rights Act of 1968,Pub.L.
No.90-284(codified as amended at 42 U,S.C.§3601 et seq.)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,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 to any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award
(including the federal award number and federal awarding agency).As detailed
in 2 C.F.R.§200.315,a federal awarding agency reserves a royalty-free,
nonexclusive,and irrevocable right to reproduce,publish,or otherwise use the
work for federal purposes and to authorize others to do so.
Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension
regulations implementing Executive Orders(E,O.) 12549 and 12689 set forth
at 2 C.F.R.Part 180 as implemented by DHS at 2 C.F.R. Part 3000.These
regulations prohibit recipients from entering into covered transactions(such as
subawards and contracts)with certain parties that are debarred,suspended,
or otherwise excluded from or Ineligible for participation In federal assistance
programs or activities. •
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 the Drug-
Free Workplace Act of 1988(41 U.S.C.§§8101-8106).
Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will
be included as a cost or used to meet cost sharing or matching requirements of
any other federal award in either the current or a prior budget period.(See 2
C.F.R.§200.403(f)).However,recipients may shift costs that are allowable
under two or more federal awards where otherwise permitted by federal
statutes,regulations,or the federal financial assistance award terms and
conditions.
384
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.No.92-318 (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. Recipients of an award from the Federal Emergency
Management Agency(FEMA) must also comply with FEMA's implementing
regulations at 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.
Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L.No.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 recipient-owned,recipient-rented,or privately owned
vehicles when on official government business or when performing any work for
or on behalf of the Federal Government. Recipients are also encouraged to
conduct the initiatives of the type described In Section 3(a)of E.O. 13513.
385
Article 20 Fly America Act of 1974 •
Recipients must comply with Preference for U.S.Flag Air Carriers(a list of
certified air carriers can be found at:Certificated Air Carriers List I US
Department of Transportation,https://www.transportatlon.gov/policy/aviation-
policy/certificated-air-carriers-list)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.
•
Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting,convention,or training
space funded entirely or in part by federal award 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,subreciplents,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.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-heip-
department-supported-organizations-provide-meaningful-access-people-
limited and additional resources on http://www.lep.gov.
386
Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C,§ 1352 and 6 C.F.R. Part 9,which
provide that none of the funds provided under a federal 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.
Per 6 C.F.R.Part 9,recipients must file a lobbying certification form as
described In Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the
Grants.gov Lobbying Form and file a lobbying disclosure form as described in
Appendix B to 6 C.F.R.Part 9 or available on Grants.gov as the Disclosure of
Lobbying Activities(SF-LLL).
Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental
Policy Act of 1969, Pub.L.No.91-190 (1970)(codified as amended at 42
U.S.C.§4321 et seq.) (NEPA)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.
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 of federal awards under programs that prohibit supplanting by law
must ensure that federal funds supplement but do not supplant non-federal
funds that,In the absence of such federal funds,would otherwise have been •
made available for the same purpose.
387
Article 28 Notice of Funding Opportunity Requirements
All the Instructions,guidance, limitations,scope of work, and other conditions
set forth in the Notice of Funding Opportunity(NOFO)for this federal award
are Incorporated by reference.All recipients must comply with any such
requirements set forth in the NOFO. If a condition of the NOFO is inconsistent
with these terms and conditions and any such terms of the Award,the
condition in the NOFO shall be invalid to the extent of the Inconsistency.The
remainder of that condition and all other conditions set forth In the NOFO shall
remain in effect.
Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act,35 U.S.C. §200 et seq.and
applicable regulations governing inventions and patents, including the
regulations issued by the Department of Commerce at 37 C.F.R. Part 401
(Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms under Government Awards,Contracts,and Cooperative Agreements)
and the standard patent rights clause set forth 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.No.89-272(1965)
(codified as amended by the Resource Conservation and Recovery Act at 42
U.S.C.§6962)and 2 C.F.R.§200,323.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.No.93-112(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
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 the
federal award, then the recipient 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 by reference.
388
Article 33 ReportIng Subawards and Executive Compensation •
For federal awards that equal or exceed$30,000,recipients are required to
comply with the requirements set forth In the government-wide award term on
Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part
170,Appendix A,the full text of which Is Incorporated by reference.
•
•
389
i .
Article 34 Required Use of American iron,Steel, Manufactured Products,and •
Construction Materials
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.The agency should notify the recipient for Information on the
process for requesting a waiver from these requirements.(a)When the Federal
agency has determined 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.Definitions The definitions applicable
to this term are set forth at 2 C.F.R.§184.3,the full text of which is
Incorporated by reference,
390
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,The SAFECOM Guidance Is updated annually
and can be found at Funding and Sustainment I CISA.
Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions
on transactions with,and the provisions of resources and support to,
Individuals and organizations associated with terrorism.Recipients are legally
responsible for ensuring compliance with the E.O.and laws.
Article 37 Trafficking Victims Protection Act of 2000(TVPA)
Recipients must comply with the requirements of the government-wide
financial assistance award term which implements Trafficking Victims
Protection Act of 2000, Pub.L. No. 106-386,§ 106 (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 by reference.
Article 38 Universal Identifier and System of Award Management
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 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 written permission from DHS prior to using the DHS
seals,logos,crests,or reproductions of flags,or likenesses of DHS agency
officials.This includes use of DHS component(e.g.,FEMA,CISA,etc.)seals,
logos,crests,or reproductions of flags,or likenesses of component officials.
Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections at 10 U.S.0§470141 U.S.C.§4712.
391
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 at:
https://www.fema.gov/grants/guidance-tools/environmental-historic.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.
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.
•
Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error In the award package has been
made,or if an administrative change must be made to the award package,
recipients will be notified of the change in writing.Once the notification has
been made,any subsequent requests for funds will indicate recipient
acceptance of the changes to the award.Please call FEMA Grant
Management Operations at(866)927-5646 or via e-mail to:ASK-
GMD@fema.dhs.gov if you have any questions.
392
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.
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.
393
Obligating document
1.Agreement 2. Amendment 3. Recipient 4. Type of 5. Control No.
No. No. No. Action WX03513N2024T
EMW-2023-FG- N/A 956000723 AWARD
00174
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, CA 1-866-927-5646 723
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
07/15/2024 to
07/08/2024 OTHER- FEMA COST SHARING 07/14/2026
GO Budget Period
07/15/2024 to
07/14/2026
15. Description of Action a.(Indicate funding data for awards or financial
changes)
Program Assistance AccountingPrior Amount Current Cumulative
g Awarded
Name Listings Data(ACCS Total This Action Total Non-Federal
Abbreviation No. Code) Award+ or(-) Award Commitment
2024-F3-
FG 97.044 GB01 - $0.00 $161,745.16$161,745.16$16,174.52
P410-xxxx-
4101-D
Totals$0.00 $161,745.16$161,745.16$16,174.52
b.To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
4G CAR NON DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN_AND
0 RSf��V-TCL�'1TTGl'TI�tT..<�QiT'LG�T'0 0TGI7 f'7-[Tf�
address)
This field is not applicable for digitally signed grant agreements
394
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE
18. FEMA SIGNATORY OFFICIAL(Name and Title) DATE
PAMELA WILLIAMS, Assistant Administrator, Grant Programs 07/08/2024
395