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HomeMy WebLinkAboutApprove and Accept Fiscal Year 2024 Assistance to Firefighte ,✓�NTi . 2000 Main Street, o��... o�• Huntington Beach,CA F 9n Cityof Huntington Beach 92648 9 . . = APPROVED 6-0-1 92cF�ouNty ����� (TWINING—ABSENT) File #: 25-832 MEETING DATE: 12/16/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Eric McCoy, Fire Chief PREPARED BY: Kevin Justen, Senior Management Analyst Subject: Approve and accept the Fiscal Year (FY) 2024 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 2024 Assistance to Firefighters Grant and was awarded $360,593.63 for hazardous materials specialist training, cancer screening, and confined space rescue training for sworn fire personnel. City Council is requested to approve and accept the FY 2024 Assistance to Firefighters Grant and authorize the Fire Chief and Chief Financial Officer to execute the FY 2024 Assistance to Firefighters Grant documents. Financial Impact: The FY 2024 Assistance to Firefighters Grant award totals $360,593.63 and includes a matching requirement of$36,059.37 for a total project budget of$396,653. 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 2024 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 2024 Assistance to Firefighters Grant award, agreement, amendments, and extensions; and C) Approve the appropriation of grant revenues and expenditures in the amount of$360,593.64. Alternative Action(s): Do not approve and direct staff accordingly. Cityof Huntington Beach Page 1 of 2 Printed on 12/10/2025 9 9 powered by LegistarTM 470 File #: 25-832 MEETING DATE: 12/16/2025 Analysis: The Huntington Beach Fire Department ("HBFD") applied for and was awarded the FY 2024 Assistance to Firefighters Grant ("AFG 2024 Grant"). As stated in the AFG 2024 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 dated September 23, 2025, stating that the hazardous materials specialist training, cancer screening, and confined space rescue training for sworn fire personnel in the grant application received a funding award of$360,593.63. There is a 10% non- federal matchings funds requirement of$36,059.37. There are sufficient funds available in the FY 2025/26 HBFD operating budget to cover the 10% non-federal matching requirement. Therefore, the total project amount is $396,653.00. The Huntington Beach Fire Department's project objective for the AFG 2024 Grant is to provide hazardous materials specialist training, cancer screening, and confined space rescue training to increase response and rescue skill expertise levels for haz-mat responses and confined space rescues, and to prioritize the wellness of the department's firefighters. HBFD was previously awarded AFG 2022 and 2023 grant funds for cancer screening physicals. This funding assists HBFD in proactively addressing the health and wellness needs of the professional firefighter. 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. Attachment(s): 1. FY 2024 Assistance to Firefighters Grant Notice of Award Letter City of Huntington Beach Page 2 of 2 Printed on 12/10/2025 powered by LegistarT" 471 Award Letter U.S. Department of Homeland Security Washington, D.C.20472 Effective date:09/23/2025 �r^E FEMA U.� Drew DiPaola CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH, CA 92648 EMW-2024-FG-00948 Dear Drew DiPaola, Congratulations on behalf of the Department of Homeland Security.Your application submitted for the Fiscal Year(FY) 2024 Assistance to Firefighters Grant(FG) Grant funding opportunity has been approved in the amount of$360,593.63 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$36,059.37 for a total approved budget of$396,653.00. Please see the FY 2024 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 • 2024 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, Stacey Street Deputy Assistant Administrator Grants Program Directorate 472 Summary Award Memo Program: Fiscal Year 2024 Assistance to Firefighters Grant Recipient: CITY OF HUNTINGTON BEACH UEI-EFT: LKKFRC4PW7L4 Award number: EMW-2024-FG-00948 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) 2024 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): 473 Object Class Total Personnel $229,211.00 Fringe benefits 1 $0.00 Travel $0.00 Equipment $0.00 Supplies j $0.00 Contractual j $167,442.00 Construction $0.00 Other 1 $0.00 I - Indirect charges $0.00 Federal $360,593.63 Non-federal ', $36,059.37 Total $396,653.00 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 FY2024 FG NOFO. Approved request details: Wellness and fitness programs 474 Cancer Screening Physical } DESCRIPTION Description Based on initial quote search for grant budgeting purposes, please see the I following cost breakdown:--Blood cancer screening-simple blood draw.This test can identify up to 50 different types of cancers.Very low false positive rate.$799- Includes cost of test, blood draw appointment, and consultation with a doctor to review results.-Ultrasound screening quote cost$499 per member.The ultrasound screening includes;echocardiogram, carotid, aortic, liver, kidneys, pancreas, gallbladder, spleen, and thyroid. QUANTITY UNIT PRICE TOTAL 129 $1,298.00 $167,442.00 8 i BUDGET CLASS Contractual Training .. i Haz-Mat DESCRIPTION Cost per class for all 6 classes: Hazmat Technician 1 A Basic Chemistry$895.00, 1 B Applied Chemistry$895.00, 1 C Incident Considerations$895.00, 1 D Tactical Field Operations $895.00, Hazmat Specialist 1 F Specialized Mitigation Techniques$995, Hazmat Specialist 1 G Tactical Field Operations$995, Total tuition per student for all six classes:$5,570 Captains salary and backfill for normal work days for 6 weeks of school $19,644.x 2 Captains$39,288 Engineer/Firefighter Paramedic salary and backfill for normal work days for 6 weeks of school $17,088.x 5 Engineers/Firefighter Paramedic$85,440*Engineer and Firefighter Paramedic have the same salary. Firefighter salary and backfill for normal work days for 6 weeks of school$14,724.x 2 Firefighters$29,448.Averages to$22,706.00 a person. QUANTITY UNIT PRICE TOTAL 9 $22,706.00 $204,354.00 BUDGET CLASS Personnel 475 Rescue DESCRIPTION Cost per class$900 Firefighter Paramedic salary and backfill for normal work days for 1 week of school $2,848.x 4 Firefighter Paramedics$11,392 Firefighter salary and backfill for normal work days for 1 week of school$2,454.x 3 Firefighters$7,362 Averages to$3,551 a person. 3 � QUANTITY UNIT PRICE TOTAL 7 $3,551.00 $24,857.00 BUDGET CLASS Personnel 476 Agreement Articles Program: Fiscal Year 2024 Assistance to Firefighters Grant Recipient: CITY OF HUNTINGTON BEACH UEI-EFT: LKKFRC4PW7L4 Award number: EMW-2024-FG-00948 Table of contents 477 Article Assurance,Administrative Requirements, Cost Principles, Representations, and 1 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 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information 7 Article CHIPS and Science Act of 2022, Public Law 117-167 CHIPS 8 Article Civil Rights Act of 1964—Title VI 'Article Civil Rights Act of 1968 10 Article Communication and Cooperation with the Department of Homeland Security and 11 Immigration Officials Article Copyright :12 Article Debarment and Suspension 13 Article Drug-Free Workplace Regulations 14 Article Duplicative Costs 15 Article Education Amendments of 1972 (Equal Opportunity in Education Act)—Title IX 16 Article Energy Policy and Conservation Act ;17 Article Equal Treatment of Faith-Based Organizations 18 'Article Anti-Discrimination 19 'Article False Claims Act and Program Fraud Civil Remedies 20 Article Federal Debt Status 21 Article Federal Leadership on Reducing Text Messaging while Driving 22 Article Fly America Act of 1974 23 Article Hotel and Motel Fire Safety Act of 1990 :24 Article John S. McCain National Defense Authorization Act of Fiscal Year 2019 !25 478 Article Limited English Proficiency(Civil Rights Act of 1964,Title VI) 26 Article Lobbying Prohibitions 127 Article National Environmental Policy Act 128 Article National Security Presidential Memorandum-33 (NSPM-33) and provisions of the 29 CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 Article Non-Supplanting Requirement 30 Article Notice of Funding Opportunity Requirements ;31 Article Patents and Intellectual Property Rights '32 Article Presidential Executive Orders j33 Article Procurement of Recovered Materials 34 Article Rehabilitation Act of 1973 35 Article Reporting Recipient Integrity and Performance Matters 136 !Article Reporting Subawards and Executive Compensation 37 Article Required Use of American Iron, Steel, Manufactured Products, and Construction !38 Materials Article SAFECOM 39 Article Subrecipient Monitoring and Management 40 Article System for Award Management and Unique Entity Identifier Requirements 41 Article Termination of a Federal Award 42 {Article Terrorist Financing E413 Article Trafficking Victims Protection Act of 2000(TVPA) 44 Article Uniting and Strengthening America by Providing Appropriate Tools Required to 45 Intercept and Obstruct Terrorism (USA PATRIOT)Act of 2001, Pub. L. 107-56 Article Use of DHS Seal, Logo and Flags �46 Article Whistleblower Protection Act ;47 'Article Environmental Planning and Historic Preservation (EHP) Review '48 Article Applicability of DHS Standard Terms and Conditions to Tribal Nations '49 Article Acceptance of Post Award Changes 50 • � f 479 Article Disposition of Equipment Acquired Under the Federal Award '51 Article Prior Approval for Modification of Approved Budget '52 !Article Indirect Cost Rate '53 Article Build America, Buy America Act(BABAA) Required Contract Provision &Self- !54 Certification Article Award Performance Goals ,55 Article Non-Applicability of Specific Agreement Articles 156 !Article Payment Information (Updated) '57 Article Termination of the Federal Award (Updated) 58 ;Article Non-Applicability of Specific Agreement Articles 59 480 Article 1 Assurance,Administrative Requirements, Cost Principles, Representations, and Certifications I. 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. 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 in Title 2, Code of Federal Regulations, 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 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 DHS Component program guidance. Organization costs related to data and evaluation are allowable.The definition of data and evaluation costs is in 2 C.F.R. §200.455(c),the full text of which is incorporated by reference.V. Recipients must complete DHS Form 3095 within 60 days of receipt of the Notice of Award for the first award under which this term applies. For further instructions and to access the form, please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-financial- assistance. 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. s � 481 Article 5 Age Discrimination Act of 1975 | Recipients must comply with the requirements of the Age Discrimination Act o 1S75. Pub. L No. S4-135 (codified oo amended a1 Title 42' U.5. Code§81O1 ! etaeq.).which prohibits discrimination onthe basis ofage in any program Or activity receiving federal financial assistance. ! Article Americans with Disabilities Act mf199@ � ! Recipients must comply with the requirements of Titles 1, 11, and I I I of the ' Americans with Disabilities Act, Pub. L. No. 101-33G /1SGO\ (codified aa / } amended 'at 42U.8.C. G§ 12101- 1221D\. which prohibits recipients from / i discriminating on the basis Cf disability in the operation of public entities, public and private transportation systems, places ofpublic accommodation, and | ' certain testing entities. | Article Best Practices for Collection ��� ��em� �mn���u�hn Identifiable| '^ ' Information ! (1) Recipients who collect personallyidentifiable information Uz|Uoo part of carrying | publicly available privacy policy that describes standards on the usage and maintenance of the PH they collect. (2) Definition. DHS defines "Pil"as any ' } information that permits the identity ofsn individual to ba directly orindirectly � inferred, including any information that io linked or linkable tothat individual. Recipients may also find the DHG Privacy Impact Assessments: Privacy Guidance and Privacy Template oe useful resources respectively. | | 482 � | | | | { ! � | � | ' | | � ' Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS (1) Recipients of DHS research and development(R&D) awards must report to the DHS Component research program office any finding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators or co-investigators to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Notification.An AOR must disclose the following information to agencies within 10 days of the date/the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner. Reports should include: (a)Award number, (b) Name of PI or Co-PI being reported, (c)Awardee name, (d)Awardee address, (e)AOR name,title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii)The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event,which should not disclose personally identifiable information regarding any complaints or individuals involved.Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) Definitions. (a) An "authorized organizational representative(AOR)" is an administrative official who, on behalf of the proposing institution, is empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b) "Principal investigators and co-principal investigators" are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A"reported individual" refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) "Sex based harassment" means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions,sexual orientation, and , gender identity. (e) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance,or creates an intimidating, hostile, or offensive work environment,whether such activity is carried out by a supervisor or by a co-worker,volunteer, or contractor. I i 483 Article 9 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 a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 7. Article 10 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.90284(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.) I j I j E I I i fi t i i4 I k I � 1 484 Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials (1) All recipients and other recipients of funds under this award must agree that they will comply with the following requirements related to coordination and cooperation with the Department of Homeland Security and immigration officials: (a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644.These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual.Additionally, 8 U.S.C.§ 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration officials;2) maintaining such information;or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C.§ 1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C.§ 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c)That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer.A ' jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d)That they will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien;and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (2) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS,that it will comply with the requirements of this term.Additionally,the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this • award. (3)The recipient agrees that compliance with this term is material to the Government's decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term. Article 12 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. 485 Article 13 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 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 14 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 15 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 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 award terms and conditions. Article 16 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 a federal award from the Federal Emergency } Management Agency(FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 19. Article 17 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. 486 Article 18 Equal Treatment of Faith-Based Organizations It is DHS policyto ensure the equal treatment of faith-based organizations in q 9 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 statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article 19 Anti-Discrimination Recipients must comply with all applicable Federal anti-discrimination laws material to the government's payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions.As used in this clause- (a) DEI means "diversity, equity,and inclusion." (b) DEIA means "diversity, equity, inclusion, and accessibility." (c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal anti- discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race,color, sex, religion, and national origin. (e) Illegal immigrant means any alien,as defined in 8 U.S.C. § 1101(a)(3),who has no lawful immigration status in the United States.(2) Grant award certification. (a) By accepting the grant award, recipients are certifying that: (i)They do not;and will not during the term of this financial assistance award,operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii) They do not engage in and will not during the term of this award engage in,a discriminatory prohibited boycott. (iii)They do not, and will not during the term of this award, operate any program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial assistance awards if the Secretary of Homeland Security or her designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. §200.346.As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law. Article 20 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.) t I 487 Article 21 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 22 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 Executive Order 13513. Article 23 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.transportation.gov/policy/aviation- policy/certificated-aircarriers-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 24 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 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject I 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. r ' ` f 488 I � Article 26 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-organizationsprovide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 27 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 28 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 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 (1) Recipient research institutions ("covered institutions") must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codified at 42 U.S.C.§ 18951) certifying that the institution has established and operates a research security program that includes elements relating to: (a) cybersecurity; (b)foreign travel security; (c) research security training;and (d) export control training,as appropriate. (2) Definition. "Covered institutions" means recipient research institutions receiving federal Research and Development(R&D) science and engineering support "in excess of$50 million per year." 489 Article 30 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. Article 31 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 federal 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 32 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 33 Presidential Executive Orders Recipients must comply with the requirements of Presidential Executive Orders related to grants (also known as federal assistance and financial assistance),the full text of which are incorporated by reference. ' Article 34 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. r � 490 i - - Article 35 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 36 Reporting Recipient Integrity and Performance Matters 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 federal award term and condition for Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200,Appendix XII, the full text of which is incorporated by reference. Article 37 Reporting Subawards and Executive Compensation For federal awards that total or exceed$30,000, recipients are required to comply with the requirements set forth in the government-wide federal award term and condition 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. r � r i 491 Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials (1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) 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; (b) 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 (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2) 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. (3) 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 federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (i) applying the domestic content procurement preference would be inconsistent with the public interest; (ii)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(iii)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. (b) 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. (c)There may be instances where a federal 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. (4) 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. 492 Article 39 SAFECOM Recipients receiving federal 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 40 Subrecipient Monitoring and Management Pass-through entities must comply with the requirements for subrecipient monitoring and management as set forth in 2 C.F.R. §§200.331-333. Article 41 System for Award Management and Unique Entity Identifier Requirements Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25,Appendix A,the full text of which is incorporated reference. Article 42 Termination of a Federal Award (1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date,and in the case of partial termination,the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal award, including,to the extent authorized by law, if the federal award no longer effectuates the program goals or agency priorities. (3) By the Recipient.The recipient may terminate the federal award, in whole or in part, by sending written notification to DHS stating the reasons for such termination,the effective date,and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (4) Notice. Either party will provide written notice of intent to terminate for any reason to the other party no less than 30 calendar days prior to the effective date of the termination. (5) Compliance with Closeout Requirements for Terminated Awards.The recipient must continue to comply with closeout requirements in 2 C.F.R. §§200.344200.345 after an award is terminated. Article 43 Terrorist Financing Recipients must comply with Executive Order 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 Executive Order and laws. 493 Article 44 Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104).The federal award term and condition is in 2 C.F.R. § 175.105,the full text of which is incorporated by reference. ! Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT)Act of 2001, Pub. L. 107-56 Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act,which amends 18 U.S.C.§§ 175-175c. Article 46 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 47 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.0§470141 U.S.C.§4712. l � � I � { I I 1 i _ � I 494 Article 48 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that could have an impact on the environment 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; Endangered Species Act; National Historic Preservation Act of 1966, as amended;Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations 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.Applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program.The FEMA 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. DHS/FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identified in the initial review. If ground disturbing activities occur during construction,the applicant will monitor the 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. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities. to relocate, and be evaluated for social, economic, historical,environmental, legal, and safety considerations. FEMA's regulations at 44 C.F.R. Part 9 implement the EOs and require an eight-step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland.The regulation also requires that the federal agency • provide public notice of the proposed action at the earliest possible time to provide the opportunity for public involvement in the decision-making process (44 C.F.R. §9.8).Where there is no opportunity to relocate the federal action, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages to the floodplain or wetland. Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations 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 Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations,then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation..The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist. I i 495 Article 50 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 email FEMA Grant Management Operations at:ASK-GMD@fema.dhs.gov for any questions. Article 51 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency,the non-state recipient or subrecipient(including subrecipients of a State or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R.section 200.313(e). State recipients must follow the disposition requirements in accordance with State laws and procedures.2 C.F.R.section 200.313(b).Tribal Nations must follow the disposition requirements in accordance with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b);and if such laws and procedures do not exist,then Tribal Nations must follow the disposition instructions in 2 C.F.R.section 200.313(e). Article 52 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as 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(i) regarding the transfer of funds among direct cost categories, programs,functions,or activities. For awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000) and where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%) of the total budget FEMA last approved, transferring funds among direct cost categories, programs,functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R.section 200.308((f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work.Any deviations from a FEMA approved budget must be reported in the first Federal Financial Report(SF-425)that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 53 Indirect Cost Rate 2 C.F.R.section 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable,the indirect cost rate for the award is stated in the budget documents or other materials approved by FEMA and included in the award file. 496 Article 54 Build America, Buy America Act(BABAA) Required Contract Provision &Self-Certification In addition to the DHS Standard Terms&Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA financial assistance for programs that are subject to BABAA must include a Buy America preference contract provision as noted in 2 C.F.R.section 184.4 and a self-certification as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure (FEMA Interim Policy#207-22-0001).This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA. Article 55 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. Article 56 Non-Applicability of Specific Agreement Articles Notwithstanding their inclusion in this award package,the following Agreement Articles do not apply to this grant award: 1. Communication and Cooperation with the Department of Homeland Security and Immigration Officials. 2. Paragraph (2)(a)(iii) of Anti-Discrimination. I � i I I I 497 Article 57 Payment Information (Updated) Recipients will submit payment requests in FEMA GO for FY25 awards under this program. Instructions to Grant Recipients Pursuing Payments FEMA reviews all grant payments and obligations to ensure allowability in accordance with 2 C.F.R.§200.305.These measures ensure funds are disbursed appropriately while continuing to support and prioritize communities who rely on FEMA for assistance. Once a recipient submits a payment request in FEMA GO, FEMA will review the request. If FEMA approves a payment, it will process the payment through FEMA GO and the payment will be delivered pursuant to the recipients SAM.gov financial information. If FEMA disapproves a payment, FEMA will inform the recipient. Processing and Payment Timeline FEMA must comply with regulations governing payments to grant recipients. See 2 C.F.R. §200.305. For grant recipients other than States, 2 C.F.R. § 200.305(b)(3) stipulates that FEMA is to make payments on a reimbursement basis within 30 days after receipt of the payment request, unless FEMA reasonably believes the request to be improper. For state recipients, 2 C.F.R.§ 200.305(a) instructs that federal grant payments are governed by Treasury- State Cash Management Improvement Act(CMIA) agreements ("Treasury- State agreement") and default procedures codified at 31 C.F.R. part 205 and Treasury Financial Manual (TFM) 4A-2000, "Overall Disbursing Rules for All Federal Agencies."See 2 C.F.R.§200.305(a). Treasury-State agreements generally apply to"major federal assistance programs"that are governed by 31 C.F.R. part 205, subpart A and are identified in the Treasury-State agreement.31 C.F.R. §§205.2, 205.6.Where a federal assistance (grant) program is not governed by subpart A, payment and funds transfers from FEMA to the state are subject to 31 C.F.R. part 205, subpart B. Subpart B requires FEMA to"limit a funds transfer to a state to the minimum amounts needed by the state and must time the disbursement to be in accord with the actual, immediate cash requirements of the state in carrying out a federal assistance program or project.The timing and amount of funds transfers must be as close as is administratively feasible to a state's actual cash outlay for direct program costs and the proportionate share of any allowable indirect costs."31 C.F.R. §205.33(a). Nearly all FEMA grants are not"major federal assistance programs."As a result, payments to states for those grants are subject to the"default"rules of 31 C.F.R. part 205, subpart B. If additional information is needed, a request for information will be issued by FEMA to the recipient; recipients are strongly encouraged to respond to any additional FEMA request for information inquiries within three business days. If an adequate response is not received,the request may be denied, and the entity may need to submit a new reimbursement request;this will re-start the 30-day timeline. 498 Submission Process All non-disaster grant program reimbursement requests must be reviewed and approved by FEMA prior to drawdowns. For all non-disaster reimbursement requests(regardless of system), please ensure submittal of the following information: 1. Grant ID/Award Number 2.Total amount requested for drawdown 3. Purpose of drawdown and timeframe covered (must be within the award performance period) } 4. Subrecipient Funding Details (if applicable). • Is funding provided directly or indirectly to a subrecipient? • If no, include statement"This grant funding is not being directed to a subrecipient." � I • If yes, provide the following details: • The name, mission statement, and purpose of each subrecipient receiving funds, along with the amount allocated and the specific role or activity being reimbursed. •Whether the subrecipient's work or mission involves supporting aliens, } regardless of whether FEMA funds support such activities. { •Whether the payment request includes an activity involving support to aliens? i I •Whether the subrecipient has any diversity, equity, and inclusion practices. 5.Supporting documentation to demonstrate that expenses are allowable, allocable, reasonable, and necessary under 2 C.F.R. Part 200 and in compliance with the grant's NOFO, award terms, and applicable federal regulations. I I 499 Article 58 Termination of the Federal Award (Updated) 1. Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 sets forth a term and condition entitled "Termination of a Federal Award."The termination provision condition listed below applies to the grant award and the term and condition in Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions,v.3 does not. 2.Termination of the Federal Award by FEMA FEMA may terminate the federal award in whole or in part for one of the • following reasons identified in 2 C.F.R.§200.340: a. If the recipient or subrecipient fails to comply with the terms and conditions of the federal award. b.With the consent of the recipient, in which case FEMA and the recipient must agree upon the termination conditions.These conditions include the effective date and, in the case of partial termination,the portion to be terminated. c. If the federal award no longer effectuates the program goals or agency priorities. Under this provision, FEMA may terminate the award for these purposes if any of the following reasons apply: i. If DHS/FEMA, in its sole discretion, determines that a specific award objective is ineffective at achieving program goals as described in this NOFO; ii. If DHS/FEMA, in its sole discretion, determines that an objective of the award as described in this NOFO will be ineffective at achieving program goals or agency priorities; iii. If DHS/FEMA, in its sole discretion, determines that the design of the grant program is flawed relative to program goals or agency priorities; iv. If DHS/FEMA, in its sole discretion, determines that the grant program is not aligned to either the DHS Strategic Plan,the FEMA Strategic Plan, or successor policies or documents; v. If DHS/FEMA, in its sole discretion, changes or re-evaluates the goals or priorities of the grant program and determines that the award will be ineffective at achieving the updated program goals or agency priorities;or vi. For other reasons based on program goals or agency priorities described in the termination notice provided to the recipient pursuant to 2 C.F.R.§200.341. i I vii. If the awardee falls out of compliance with the Agency's statutory or regulatory authority,award terms and conditions,or other applicable laws. 3.Termination of a Subaward by the Pass-Through Entity 500 The pass-through entity may terminate a subaward in whole or in part for one of the following reasons identified in 2 C.F.R. §200.340: a. If the subrecipient fails to comply with the terms and conditions of the federal award. b.With the consent of the subrecipient, in which case the pass-through entity and the subrecipient must agree upon the termination conditions.These conditions include the effective date and, in the case of partial termination,the portion to be terminated. c. If the pass-through entity's award has been terminated,the pass-through recipient will terminate its subawards. 4.Termination by the Recipient or Subrecipient • The recipient or subrecipient may terminate the federal award in whole or in part for the following reasons identified in 2 C.F.R.§200.340: Upon sending FEMA or the pass-through entity a written notification of the reasons for such termination,the effective date, and, in the case of partial termination, the portion to be terminated. However, if FEMA or the pass-through entity determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, FEMA or the pass- through entity may terminate the federal award in its entirety. 5. Impacts of Termination a.When FEMA terminates the federal award prior to the end of the period of performance due to the recipient's material failure to comply with the terms and conditions of the federal award, FEMA will report the termination in SAM.gov in the manner described at 2 C.F.R. §200.340(c). b.When the federal award is terminated in part or its entirety, FEMA or the pass-through entity and the recipient or subrecipient remain responsible for compliance with the requirements in 2 C.F.R. §§200.344 and 200.345. 6. Notification Requirements FEMA or the pass-through entity must provide written notice of the termination in a manner consistent with 2 C.F.R. §200.341.The federal award will be terminated on the date of the notification unless stated otherwise in the notification. 7.Opportunities to Object and Appeals Where applicable,when FEMA terminates the federal award,the written notification of termination will provide the opportunity, and describe the process,to object and provide information challenging the action, pursuant to 2 C.F.R. §200.342. 8. Effects of Suspension and Termination 501 The allowability of costs to the recipient or subrecipient resulting from financial obligations incurred by the recipient or subrecipient during a suspension or after the termination of a federal award are subject to 2 C.F.R.§200.343. • i Article 59 Non-Applicability of Specific Agreement Articles Notwithstanding their inclusion in this award package,the following Agreement Article does not apply to this grant award: Termination of a Federal Award The intent of this provision is to clarify that Paragraph C.XL (Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions does not apply to this award. Instead,the Agreement Article titled "Termination of the Federal Award", or "Termination of the Federal Award (Updated)"applies to this grant award. 502 Obligating document 1. Agreement 2. Amendment 3. Recipient 4. Type of 5. Control No. No. No. No. Action WX02143N2025T EMW-2024-FG- N/A 956000723 AWARD 00948 • 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 714- Assistance to Firefighters 1-866-274- 5365471 Grant Program 0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 09/30/2025 to 09/23/2025 OTHER - FEMA COST SHARING 09/29/2027 GO Budget Period 09/30/2025 to 09/29/2027 15. Description of Action a. (Indicate funding data for awards or financial changes) Accounting Amount Program Assistance Data Prior Awarded Current Cumulative Name (ACCS Total This Action Total Non-Federal Listing No. Abbreviation Code) Award+ or (-) Award Commitment 2025-FF- FG 97.044 GB01 - $0.00 $360,593.63$360,593.63$36,059.37 P410-xxxx- 4101-D Totals$0.00 $360,593.63$360,593.63$36,059.37 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16 CAR N ONI DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO S`IGNI ANID 1TrGTCTTl'0 gTTPCTYTvJ:T[COT�- CT v ■.�vi v..a�v • v v.�w.� r-...v DTI IRN THREE (3) COPIES GF TEAS` DOCUMENT TO COMA (Sec Block 7 for A�MMAA^^ � .� .... ....... ...............�.. . � �. ��.�� ad d ress) This field is not applicable for digitally signed grant agreements 503 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Drew DiPaola 09/24/2025 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Stacey Street, Deputy Assistant Administrator Grants Program 09/23/2025 Directorate 504