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HomeMy WebLinkAbout124-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 124-16 File Number: 2016-0274 ASSISTANCE TO FIREFIGHTERS GRANT (FEMA): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 90/10 ASSISTANCE TO FIREFIGHTERS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $613,637.00 FOR THE PURCHASE OF A MOBILE TRAINING SIMULATOR SYSTEM FOR THE FIRE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT TO PROVIDE FOR MATCHING FUNDS IN THE AMOUNT OF $61,363.00 AND A PROJECT CONTINGENCY IN THE AMOUNT OF $27,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the acceptance of a 90/10 Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $613,637.00 for the purchase of a Mobile Training Simulator System for the Fire Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, to provide for matching funds in the amount of $61,363.00 and a proiect continaencv in the amount of $27.000.00. PASSED and APPROVED on 6/21/2016 �01111IIFill/, * ARK 1 TR fig A"r FAYET EVILLEys r Attest: A, r►►'�x L ;fes Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 6122116 -�`�- City of Fayetteville, Arkansas 113 West Mountain Street �4 Fayetteville, AR 72701 o amps (479) 575-5323 Text File -- File Number: 2016-0274 Agenda Date: 6/21/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A 3 ASSISTANCE TO FIREFIGHTERS GRANT (FEMA): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 90/10 ASSISTANCE TO FIREFIGHTERS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $613,637.00 FOR THE PURCHASE OF A MOBILE TRAINING SIMULATOR SYSTEM FOR THE FIRE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT TO PROVIDE FOR MATCHING FUNDS IN THE AMOUNT OF $61,363.00 AND A PROJECT CONTINGENCY IN THE AMOUNT OF $27,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1; That the City Council of the City of Fayetteville, Arkansas hereby authorizes the acceptance of a 90/10 Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $613,637.00 for the purchase of a Mobile Training Simulator System for the Fire Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, to provide for matching funds in the amount of $61,363.00 and a project contingency in the amount of $27,000.00. City of Fayettevilie, Arkansas Page 1 Printed on 612212016 City of Fayetteville Staff Review Form 2016-0274 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item David Dayringer 5/24/2016 Submitted By Submitted Date Action Recommendation: Fire / Fire Department Division / Department Approval of a resolution authorizing acceptance of an Assistance To Firefighter's Grant from the Department of Homeland Security's Federal Emergency Management Agency (FEMA) in the amount of $613,637.00, and approving a budget adjustment to the Fire -FEMA Grant Training Simulator(31603.1) project which utilizes Impact Fee Funding for the 10% grant match ($61,363) and 4% contingency funds ($27,000) to allow total funding of $702,000 for the Mobile Training Simulator System per AFG Grant Guidelines 2230.8004.5801.00 Account Number 31603.1 Project Number Budget Impact: Special Grants Fund Fire -FEMA Grant Training Simulator Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Project Title 675,000.00 702,000.00 Remaining Budget $ 27,000.00 1 v1­Jk fN1+6141[ y%)I IJP I*t %A W%AM,y11'tV'LW511l5:11[: V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF 'ttvP • ARKANSAS MEETING OF JUNE 21, 2016 TO: Mayor and City Council FROM: David Dayringer, Fire Chief DATE: May 24, 2016 CITY COUNCIL AGENDA MEMO SUBJECT: Approval of a resolution authorizing acceptance of an Assistance To Firefighters Grant from The Department of Homeland Security's Federal Emergency Management Agency (FEMA) in the amount of $613,637.00, and approving a budget adjustment. RECOMMENDATION: Approval of a resolution authorizing acceptance of an Assistance To Firefighters Grant from The Department of Homeland Security in the amount of $613,637.00, and approving a budget adjustment. The Fire Department would like to utilize the revenue from this grant and the additional funding of $88,363 from Impact Fee Revenue to complete the purchase of a mobile training simulator system and for approval of a contingency of 4%. BACKGROUND: The Department of Homeland Security (DHS) Federal Emergency Management Agency's (FEMA) Grant Programs Directorate implements and administers the Assistance to Firefighters (AFG) Grants. The purpose of the AFG Program is to enhance, through direct financial assistance, the health and safety of the public and firefighting personnel and to provide a continuum of support for emergency responders regarding fire, medical, and all -hazard events. The Fire Department submitted an application for the AFG grant program to request funding for a mobile fire training simulator. The requested simulator will provide firefighters live fire training as well as ventilation, forcible entry, standpipe, sprinkler, rappelling, confined space, and self- contained breathing apparatus (SCBA) skills. DISCUSSION: We will use the grant to purchase and install a mobile fire training simulator system for utilization by the Fayetteville Fire Department and other surrounding County departments thereby improving firefighter health, safety, and ground tactics on technical rescue situations at fire scenes and positively impacting the skill level at emergency responses for a multi -county population. BUDGET/STAFF IMPACT: Approving a budget adjustment to the Fire-FEMA Grant Training Simulator (31603.1) project which utilizes Impact Fee Funds for the 10% grant match ($61,363) and 4% contingency funds ($27,000) to allow total funding of $702,000 for the Mobile Training Simulator System per AFG Grant Guidelines. ATTACHMENTS: Grant Award Letter and Documents, Budget Adjustment Mailing Address: 113 W. Mountain Street www_fayetteville-ar.gov Fayetteville, AR 72701 "cw Award Package Ilips://eservices.fema_gov/FemaFireGrant firegranti_]sp/fire_admin/a.,. Award Package 0124 5/20/2016 9:03 AM View Award Package I laps:Ueservices.fema.g;ovv/FeInaFlrcGrant/ ttregrant/Isp/tire_cailtnirr'"a.,. Mr. David Dayringer City of Fayetteville Fire Department 303 W Center St Fayetteville, Arkansas 72701-5201 Re: Award No.EMW-2015-FO-04026 Dear Mr. Dayringer: U.S. Department of Homeland Security Washington, D.C 20472 � 7FEMA Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2015 Assistance to Firefighters Grant has been approved in the amount of $613,637.00. As a condition of this award, you are required to contribute a cost match in the amount of $61,363.00 of non -Federal funds, or 10 percent of the Federal contribution of $613,637.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' e -grant 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 • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2015 Assistance to Firefighters Grant Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award Prior to requesting Federal funds, all recipients are required to register in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at https://www.sam.gov//portal/public/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to https://portal.fema.gov to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu Click Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click this link. This link will take you to the SF -1199A, Direct Deposit Sign-up Form. Please of24 5/20/2016 9:03 AM 4 w Aw ird Package hlips:freseryices, lc.ma.gpv/ emaFiret3rantJrregi aml-i p/li:re_adminfa. complete the SF -1199A on-line if you have not done so already. When you have finished, you must submit the form electronically. Then, using the Print 1199A Button, print a copy and take it to your bank to have the bottom portion completed. Make sure your application number is on the form. After your bank has filled out their portion of the form, you must fax a copy of the form to FEMA's SF -1199 Processing Staff at 301-998-8699. You should keep the original form in your grant files. After the faxed version of your SF 1199A has been reviewed you will receive an email indicating the form is approved. Once approved you will be able to request payments online. If you have any questions or concerns regarding your 11 99A, or the process to request your funds, please calf (866) 274-0960. Sincerely, Brian E. Kantoic Assistant Administrator for Grant Programs of 241 5/20/2016 9:03 AM View Award Package https://esei-vices.1enia.gov/FemaidreCirant/firegranUjsp/fire admin/a.. INSTRUMENT: urrmarr Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Application G RANT AGREEMENT NUMBER: EMW-2015-FO-04026 GRANTEE: City of Fayetteville Fire Department DUNS NUMBER: 883381550 AMOUNT: $675,000.00, Operations and Safety Project Description The purpose of the Assistance to Firefighters 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 worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below. The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application - along with any documents submitted with the recipient's application - are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance 16 -MAY -16 to 15 -MAY -17 Amount Awarded 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 grant (including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $0,00 Travel $0.00 Equipment $675,000.00 Supplies $0 00 Contractual $0.00 Construction $0, 00 Other $0.00 Indirect Charges $0.00 of 24 5/20/2016 9:03 AM View Award Package https://eservices.fella.gov/FemaFireGrant'firegrant/jsp./fire_admintiia... State Taxes $0.00 Total $675,000 00 NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist Francisco Bernal at Francisco.Bernal2.dhs.gov. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS (IF APPLICABLE) (max 8000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist Francisco Bernal at Francisco .Bernal2.dhs.gov. of 24 5/20/2016 9:03 AM View Award Package h+tps:%!eservices.Tema.gov!FemarireGranUfiregrant/jsp/fire admin'a... Agreement Articles U.S. Department of Homeland Security ,�y,\,,. Washington, D.C. 20472 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety GRANTEE: City of Fayetteville Fire Department PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2015-FO-04026 AMENDMENT NUMBER: TABLE OF CONTENTS Assurances, Administrative Requirements and Cost Article I Principles Article II Acknowledgement of Federal Funding from DHS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Best Practices for Collection and Use of Personally Article VI Identifiable Information (PII) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Right Act of 1968 Article IX Copyright Article X Debarment and Suspension Article XI Drug -Free Workplace Regulations Article XI I Duplication of Benefits Article XII I Energy Policy and Conservation Act Article XIV Reporting Subawards and Executive Compensation Article XV False Claims Act and Program Fraud Civil Remedies Article XVI Federal Debt Status Article XVI I Fly America Act of 1974 Article XVIII I Hotel and Motel Safety Act of 1990 Limited English Proficiency (Civil Rights Act of 1964, Article XIX Title VI) I of 24 5/20.!2016 9:03 AM /iew Award Package https:l/cservices.fema gov/Fe.inaFireGranntifiregrar:Ujsp!fire_admirva - Article XX Lobbying Prohibitions Article XXI Non -supplanting Requirement Article XXII Patents and Intellectual Property Rights Article XXIII Procurement of Recovered Materials Article XXIV Contract Provisions for Non-federal Entity Contracts under Federal Awards Article XXV SAFECOM Article XXVI Terrorist Financing E.O. 13224 Article XXVII Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) Article XXVII Trafficking Victims Protection Act of 2000 Article XXIX Rehabilitation Act of 1973 Article XXX USA Patriot Act of 2001 Article XXXI Use of DHS Seal, Logo and Flags Article XXXII Whistleblower Protection Act Article XXXIII DHS Specific Acknowledgements and Assurances Article XXXIV System of Award Management and Universal Identifier Requirements Article XXXV Animal Welfare Act of 1966 Article XXXVI Protection of Human Subjects Article XXXVII Incorporation by Reference of Notice of Funding Opportunity Article XXXVIII Acceptance of Post Award Changes Article XXXIX Prior Approval for Modification of Approved Budget Article XL Disposition of Equipment Acquired Under the Federal Award Article XLI Environmental Planning and Historic Preservation Screening Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances — Non -Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements and cost principles that apply to DHS award recipients originate from: 2 C.F.R. Part 200, Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. II. Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other of 24 5/20/2016 9:03 AM View Award Pacl:a(;e littps:/!eservices.fema.gov/FeiiiaFircGi-anUfii-egrant/isp/fire_admin/a documents describing projects or programs funded in whole or in part with Federal funds. III. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. IV. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. V. Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and Ill of the Americans with Disabilities Act, 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 (42 U.S.C. §§ 12101-12213). VI Best Practices for Collection and Use of Personally Identifiable Information IPII). All recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share P11 with third parties, and how individuals may have their P11 corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. VII. Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et sea.), 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. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VIII, Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, 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 (42 U.S.C. 3601 et seq.), as implemented by the 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. § 100.201). IX. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §4Q1 or 402 0 o124 5/20/2016 9:03 AM hew Award Package https://esei vices.f�rna.gov/FemaFireGranliliiegrant/jsp!flreadmin!a. and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). X. Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. XI. Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. XII. Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non -Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. XIII, Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. XIV. Reporting Subawards and Executive Compensation a. Reporting of first -tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.l. of this award term to http.//www.fsrs.gov. I of 2r4 5/20/2(16 9:03 AM View Award rd Package https://eservi ces. fema.gov,•'PemaFi reGrant/firegrant/j sp/fi re_admi ii `a... ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http.//www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if---- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received — (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http.//www.sec.gov /answers/execom p. htm. ) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https.//www..sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in 5;`20/2016 9:03 AM Jietit, Award 1'acktage https://eservices.fenia.gov/FemaFireGrant'firegrantlj sp/f re_ adrnin/a... paragraph d. of this award term, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received — (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www..sec.gov /answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c. 1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: of 21 5/2[/2016 9:03 AM View Award Package htips://eservices.fema.gov/FemaFireGrant/fireg-antijsp/fire admin!a,.. 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward• i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec- _ .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting 4 of24 5/20/2016 9:03 AM hew Award Package https://eservices.fema.gov/FeniaFireGrant/firegranb`jsp/`fire_adrnin/a .. purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. XV. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. §3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. XVI. 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 and form SF -424B, item number 17 for additional information and guidance. XVII. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) 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. XVIII. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §2225. XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI) 5/20/2016 9:03 AM View Award Package hops://eservices.fema.gov/FemaFireGranVfiregiant/jsp/fire admiiala. All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) 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. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. 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,-orc3,ar)izations=provide-r eaningful_@ccess-people-liniifeci, and additional resources on http://www.lep.gov. XX. Lobbying Prohibitions All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an 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 concerning the award or renewal. XXI. Non -supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXII. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. §2f0 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. XXIII. Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as 16 of 24 3/20/2016 9:03 AM /iew Award Package https:/!cservices.tbnia.gov/FemaFireGrant/ti egranh/i sp/fi re admin/a.. amended by the Resource Conservation and Recovery Act. 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, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XXIV. Contract Provisions for Non-federal Entity Contracts under Federal Awards a.Contracts for more than the siniified accli,�isition threshold sit at ' 150.000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b.Contracts in excess of $10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. XXV. SAFECOM All recipients who receive 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. XXVI. Terrorist Financina E.O. 13224 All recipients must comply with U.S. ExecutiveOrder 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. XXVII. Title IX of the Education Amendments of 1972 (Equal Op ortu�nit in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et_s ), which provides that no person in the United States will, on the basis of sex, 7 of24 5/20'2076 9:03 AM View Award Package ihitps://escrvices.fcrna.goviFernaFireGranUfiregranUj sp/fureadmi n'a 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. Implementing regulations are codified at 6 C. F.R. Part 17 and 44 C.F.R. Part 19 XXVIII. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR § 175.15. XXIX. Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual 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. These requirements pertain to the provision of benefits or services as well as to employment. XXX. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. XXXI. Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXII. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 4.1 _U.S..C� 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. XXXIII. DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree —and require any 18 of 24 5/20/2016 9:03 AM lew Award Package hops: //eservices.fera.gov/FemaFireGrant'firegrantlj sp/f•cadmin'a... sub -recipients, contractors, successors, transferees, and assignees acknowledge and agree —to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. XXXIV. ystern of Award Management and Universal Idantifier Requirement A. Requirement for System of Award Management Unless exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for unique entity identifier 9 o124 5/20/2016 9:03 AM view Award Package hops://eservices.fema.gov/FeniarireGranVGregrani/i sp/fire_admin/a... If authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this award term: 1. System of Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www..sam.gov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4_ Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a ,0 of 2'1 5/20/2016 9:03 AM View Award Package hltps://eservices.ferna.goy/FeinaFireGrant/firegrantijsp/fire_admi iva... contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. XXXV. Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. XXXVI. Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. XXXVII. Incorporation by Reference of Notice of Funding Opportunity The Notice of Funding Opportunity for this program is hereby incorporated into your award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the Notice of Funding Opportunity. XXXVIII Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be J of 24 5/20/2016 9:03 AM \icw Award Package hltps:/./eservices.fema.gov/FernaFircGrantJfircgrant!jsp/fire admiiva... notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. If you have questions about these procedures, please contact the AFG Help Desk at 1-866-274-0960, or send an email to firearantsna.dhs.aov. XXXIX. Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/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. XL. Disposition of Equipment Acquired. Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. XLI. Environmental Planning and Historic Preservation Screening AFG funded activities (Modification to Facility or Equipment) that may require an EHP review, involving the installation or requiring renovations to facilities, including but not limited to air compressor/fill station/cascade system (Fixed) for filling SCBA, air improvement systems, alarm systems, antennas, gear dryer, generators (fixed), permanently mounted signs, renovations to facilities, sprinklers, vehicle exhaust systems (fixed) or washer/extractors are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by 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. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of Homeland Security/Federal Emergency Management Agency- website at: https://www-fema.gov/library/viewRecord.do?id=6906 In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. '.2 o124 5/2072016 9:03 AM view Award Package https://eservices.fema.gov/FemaFjreGrantifii-egranl/j sp/firc_adminr""a.. 1a. AGREEMENT NO EMW-2015-FO-04026 6 RECIPIENT NAME AND ADDRESS City of Fayetteville Fire Department 303 W Center St Fayetteville Arkansas, 72701-5201 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2 AMENDMENT 3. RECIPIENT NO NO. 71-6018462 0 7. ISSUING OFFICE AND ADDRESS Grant Programs Directorate 500 C Street, S W. Washington DC, 20528-7000 POC: Rosalie Vega 4. TYPE OF 5. CONTROL NO ACTION VVX02311 N2016T AWARD 8. PAYMENT OFFICE AND ADDRESS FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 9. NAME OF RECIPIENT PHONE NO 10, NAME OF PROJECT COORDINATOR PHONE NO PROJECT OFFICER 4795758365 Catherine Patterson 1-866-274-0960 David Dayringer 11 EFFECTIVE DATE OF 12- METHOD OF 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:16-MAY-16 To:15-MAY-17 16 -MAY -16 SF -270 Budget Period From:01-OCT-15 To:30-SEP-16 15. DESCRIPTION OF ACTION a (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NAME (ACCS CODE) TOTAL AWARDED TOTAL NON - ACRONYM XXXX-XXX-XXXXXX- AWARD THIS ACTION AWARD xxxxx-xxxx-xxxx-x + OR (-) FEDERAL COMMITMENT AFG 97 044 2016-F5- $0.00 $613,637.00 $613,637.00 $6136300 C111 -P4310000 -4101-D TOTALS $0.00 $613,637.00 $613,637.00 $61,363.00 b To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document However, recipients should print and keep a copy of this document for their records 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17 RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE N/A N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Rosalie Vega 29 -APR -16 Go Back :4 of 24 5/20,2016 9:03 AM City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Fire Adjustment Number 2016 Dept.: Fire Requestor: Granville Wynn BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approving a budget adjustment to the Fire-FEMA Grant Training Simulator(31603.1) project which utilizes Impact Fee Funds for the 10% grant match ($61,363) and 4% contingency funds ($27,000) to allow total funding of $702,000 for the Mobile Training Simulator System per AFG Grant Guidelines. COUNCIL DATE: 6/21/2016 LEGISTAR FILE ID#: 2016-0274 13 r&rci Fell 6/1/2016 2:49 PM Budget Director Date TYPE: DESCRIPTION: RESOLUTION/ORDINANCE GLDATE: POSTED: TOTAL 790,363 790,363 v.20160125 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 2300.9300.7602.28 88,363 57039 1601 EX **N/A 2300.0930.4999.99 88,363 RE Use of Fund Balance 2230.0923.6602.28 - 88,363 31603 1 RE **N/A 2230.0923.4309.00 613,637 31603 1 RE Federal Grants - Capital 2230.8004.5801.00 702,000 - 31603 1 EX **Fixed Assets C:\Users\lsmith\AppData\Roaming\L5\Temp\4396625e-2097-4a78-8c30-f045cb55cb0d 1 of 1