HomeMy WebLinkAbout38-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 38-23
File Number: 2023-412
ACCEPTANCE OF AN ASSISTANCE TO FIREFIGHTERS GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN ASSISTANCE TO FIREFIGHTERS GRANT FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $84,081.81, AND TO
APPROVE A BUDGET ADJUSTMENT
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 Mayor Jordan to execute a
grant agreement accepting a grant from the Assistance to Firefighters Grant from the Department of Homeland
Security's Federal Emergency Management Agency in the amount of $84,081.81.
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.
PASSED and APPROVED on February 21, 2023
Page 1
Attest:
A el
Kara Paxton, City Clerk :,easurer
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CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 21, 2023
CITY COUNCIL MEMO
2023-412
TO: Mayor Jordan and City Council
THRU: Brad Hardin, Fire Chief
FROM: Granville Wynn, Financial Analyst - Fire
DATE:
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 $84,081.81, and approving a budget adjustment.
RECOMMENDATION:
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 $84,081.81, and
approving a budget adjustment to the Fire FEMA Grant Fireground Command Training project which utilizes
Fire ACT 833 Revenue for the 10% grant match ($8,408.19) and 15% contingency funds ($13,874) to allow
total funding of $106,364 for the Training Course, Mastering Fireground Command, Calm the Chaos per AFG
Grant Guidelines.
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 applied to the AFG grant program to request funding for the Train -
the -Trainer Mastering Fireground Command -Calm the Chaos Training Course from Firefighter Inspiration
Readiness and Education, LLC including the workshop and online training.
DISCUSSION:
We will use the grant to purchase the Train -the -Trainer Mastering Fireground Command -Calm the Chaos
Training Course from Firefighter Inspiration Readiness and Education, LLC. This course will be beneficial in
enabling fire personnel to have hands-on fireground command training exercises that reinforce like-minded
practices and terminology to further enhance the safety of firefighters when working with multiple agencies.
This includes sets and simulations along with training on multi -company response scenes. Simply stated, The
Fayetteville Fire Department will be able to ensure the safety of citizens and provide a safer and efficient
response capability for our fire individuals responding to the needs of the citizens of Fayetteville and the
region.
BUDGET/STAFF IMPACT:
Approving a budget adjustment to Fire FEMA Grant Fireground Command Training project which utilizes Fire
ACT 833 Revenue for the 10% grant match ($8,408.19) and 15% contingency funds ($13,874) to allow total
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
funding of $106,364 for the Training Course, Mastering Fireground Command, Calm the Chaos per AFG Grant
Guidelines.
ATTACHMENTS: 2023SRF Acceptance of 2021 AFG Grant Award_Training Course, 2023-412 BA Fire FEMA
Grant - Mastering Fireground Command Training, FY2021 AFG Grant_EMW-2021-FG-06754 Award Package
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-412
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 $84,081.81, and approving a budget adjustment.
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN ASSISTANCE TO FIREFIGHTERS
GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF
$84,081.81, AND TO APPROVE A BUDGET ADJUSTMENT
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 Mayor Jordan
to execute a grant agreement accepting a grant from the Assistance to Firefighters Grant from the
Department of Homeland Security's Federal Emergency Management Agency in the amount of
$84,081.81.
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.
Page 1
Brad Hardin
Submitted By
City of Fayetteville Staff Review Form
2023-412
Item ID
2/21/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/2/2023 FIRE (300)
Submitted Date Division / Department
Action Recommendation:
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 $84,081.81, and approving
a budget adjustment to the Fire FEMA Grant Fireground Command Training project which utilizes Fire ACT 833
Revenue for the 10% grant match ($8,408.19) and 15% contingency funds ($13,874) to allow total funding of
$106,364 for the Training Course, Mastering Fireground Command, Calm the Chaos per AFG Grant Guidelines.
2230.900.8008-5314.00
Account Number
32301.1
Budget Impact:
2230 - Special Grants
Fund
Fire - FEMA Grant for Fireground Command
Training
Project Number Project Title
Budgeted Item? No Total Amended Budget
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? Yes Item Cost $ 92,490.00
Is a Budget Adjustment attached? Yes Budget Adjustment $ 106,364.00
Remaining Budget 13,874.00
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division FIRE (300) Adjustment Number
/Org2
2023
Requestor: Brad Hardin
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
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 $84,081.81, and approving a budget
adjustment to the Fire FEMA Grant Fireground Command Training project which utilizes Fire ACT 833 Revenue for the 10%
grant match ($8,408.19) and 15% contingency funds ($13,874) to allow total funding of $106,364 for the Training Course,
Mastering Fireground Command, Calm the Chaos per AFG Grant Guidelines.
COUNCIL DATE:
2/21/2023
ITEM ID#:
2023-412
Noll y Black
21212023
3:44 PM
Budget Division Date
TYPE:
D - (City Council)
JOURNAL#:
GLDATE:
2/21/2023
RESOLUTION/ORDINANCE
CHKD/POSTED:
TOTAL
106,364
106,364
v.202313
increase/ (Decrease)
Project.Sub#
Account Number
Expense
Revenue
Project
Sub.Detl AT
Account Name
1010.300.3020-7602.28
22,282
-
33047
1 EX
Transfers To Funds - Special Grants
1010.300.3020-5911.00
(22,282)
-
33047
900 EX
Contingency - Savings Other
2230.900.8008-6602.01
22,282
32301
1 RE
Transfer from Fund - General
2230.900.8008-4309.00
84,082
32301
1 RE
Federal Grants - Capital
2230.900.8008-5314.00
106,364
-
32301
1 EX
Professional Services
1 of 1
Award Letter
Effective date: 01 /23/2023
Brad Hardin
FAYETTEVILLE, CITY OF
303 W CENTER
FAYETTEVILLE, AR 72701
EMW-2021-FG-06754
Dear Brad Hardin,
U.S. Department of Homeland Security
Washington, D.C. 20472
,F FEMA
Nn SE
Congratulations on behalf of the Department of Homeland Security. Your application submitted for
the Fiscal Year (FY) 2021 Assistance to Firefighters Grant (AFG) Grant funding opportunity has
been approved in the amount of $84,081.81 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 $8,408.19 for a total approved budget of $92,490.00. Please see the FY 2021 AFG
Notice of Funding Opportunity for information on how to meet this cost share requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting
this award, you acknowledge that the terms of the following documents are incorporated into the
terms of your award:
• Summary Award Memo - included in this document
• Agreement Articles - included in this document
• Obligating Document - included in this document
• 2021 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference
Please make sure you read, understand, and maintain a copy of these documents in your official
file for this award.
Sincerely,
PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Summary Award Memo
Program: Fiscal Year 2021 Assistance to Firefighters Grant
Recipient: FAYETTEVILLE, CITY OF
UEI-EFT: JVL9DSGDM3L5
DUNS number: 883381550
Award number: EMW-2021-FG-06754
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) 2021 Assistance to Firefighters Grants funding is incorporated
into the terms and conditions of this award. This includes any documents submitted as part of the
application.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal
share plus your cost share, if applicable):
Object Class
Personnel
Fringe benefits
Travel
Equipment
Supplies
Contractual
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$92,490.00
Construction
$0.00
Other
$0.00
Indirect charges
$0.00
Federal
$84,081.81
Non-federal
$8,408.19
Total
$92,490.00
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 FY2021 AFG NOFO.
Approved request details:
Training
Specialized
DESCRIPTION
Travel and lodging for 3 instructors for 3 days for the Mastering Fireground Command -
Calm the Chaos Train -the -Trainer workshop. Travel is $800 roundtrip for each person total
in flights is $2,400. Lodging is $150 per night for 3 nights at $450 a person total in lodging is
$1,350. Per diem for is $59 a day for each person and total is $531.
QUANTITY UNIT PRICE TOTAL
1 $3,750.00 $3,750.00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Item created
JUSTIFICATION
The award reflects a change from the amount requested in the application. Items were
originally grouped together in one -line item. Each item requested is now listed as a separate
line item. -- Food and beverages are ineligible items so $531 was deducted for per diem.
Specialized
DESCRIPTION
Mastering Fireground Command- Calm the Chaos Train -the -Trainer workshop for 18
trainers for 3 days.
QUANTITY UNIT PRICE TOTAL
1 $37,000.00 $37,000.00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Description changed
Unit price from $106,000.00 to $37,000.00
JUSTIFICATION
The award reflects a change from the amount requested in the application. Items were
originally grouped together in one -line item. Each item requested is now listed as a separate
line item.
Specialized
DESCRIPTION
Online Operations Training License course for 300 personnel
QUANTITY UNIT PRICE TOTAL
1 $51,740.00 $51,740.00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Item created
JUSTIFICATION
The award reflects a change from the amount requested in the application. Items were
originally grouped together in one -line item. Each item requested is now listed as a separate
line item.
Agreement Articles
Program: Fiscal Year 2021 Assistance to Firefighters Grant
Recipient: FAYETTEVILLE, CITY OF
UEI-EFT: JVL9DSGDM3L5
DUNS number: 883381550
Award number: EMW-2021-FG-06754
Table of contents
ArticleAssurances, Administrative Requirements, Cost Principles, Representations and
1 Certifications
ArticleGeneral Acknowledgements and Assurances
2
ArticleAcknowledgement of Federal Funding from DHS
3
ArticleActivities Conducted Abroad
4
ArticleAge Discrimination Act of 1975
5
ArticleAmericans with Disabilities Act of 1990
6
ArticleBest Practices for Collection and Use of Personally Identifiable Information
7
ArticleCivil Rights Act of 1964 — Title VI
8
ArticleCivil Rights Act of 1968
9
ArticleCopyright
10
Article Debarment and Suspension
11
Article Drug -Free Workplace Regulations
12
Article Duplication of Benefits
13
Article Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX
14
ArticleE.O. 14074 —Advancing Effective, Accountable Policing and Criminal Justice
15 Practices to Enhance Public Trust and Public Safety
ArticleEnergy Policy and Conservation Act
16
ArticleFalse Claims Act and Program Fraud Civil Remedies
17
ArticleFederal Debt Status
18
ArticleFederal Leadership on Reducing Text Messaging while Driving
19
ArticleFly America Act of 1974
20
ArticleHotel and Motel Fire Safety Act of 1990
21
ArticleJohn S. McCain National Defense Authorization Act of Fiscal Year 2019
22
ArticleLimited English Proficiency (Civil Rights Act of 1964, Title VI)
23
ArticleLobbying Prohibitions
24
ArticleNational Environmental Policy Act
25
ArticleNondiscrimination in Matters Pertaining to Faith -Based Organizations
26
Article Non-Su pplanting Requirement
27
ArticleNotice of Funding Opportunity Requirements
28
ArticlePatents and Intellectual Property Rights
29
Article Procurement of Recovered Materials
30
Article RehabiIitation Act of 1973
31
Article Reporting of Matters Related to Recipient Integrity and Performance
32
Article Reporting Subawards and Executive Compensation
33
ArticleRequired Use of American Iron, Steel, Manufactured Products, and Construction
34 Materials
ArticleSAFECOM
35
ArticleTerrorist Financing
36
ArticleTrafficking Victims Protection Act of 2000 (TVPA)
37
Article Universal Identifier and System of Award Management
38
ArticleUSA PATRIOT Act of 2001
39
ArticleUse of DHS Seal, Logo and Flags
40
ArticleWhistleblower Protection Act
41
Article Environmental Planning and Historic Preservation (EHP) Review
42
ArticleApplicability of DHS Standard Terms and Conditions to Tribes
43
ArticleAcceptance of Post Award Changes
44
Article Disposition of Equipment Acquired Under the Federal Award
45
ArticlePrior Approval for Modification of Approved Budget
46
Articlelndirect Cost Rate
47
ArticleAward Performance Goals
48
Article 1 Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of
Management and Budget (OMB) Standard Form 424B Assurances - Non -
Construction Programs, or OMB Standard Form 424D Assurances -
Construction Programs, as applicable. Certain assurances in these
documents may not be applicable to your program, and the DHS financial
assistance office (DHS FAO) may require applicants to certify additional
assurances. Applicants are required to fill out the assurances as instructed by
the awarding agency. II. DHS financial assistance recipients are required to
follow the applicable provisions of the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards located at Title
2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2
C.F.R.Part 3002. III. By accepting this agreement, recipients, and their
executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in
accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable
federal laws, and relevant Executive guidance.
Article 2 General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff. I.
Recipients must cooperate with any DHS compliance reviews or compliance
investigations conducted by DHS. II. Recipients must give DHS access to
examine and copy records, accounts, and other documents and sources of
information related to the federal financial assistance award and permit
access to facilities or personnel. III. Recipients must submit timely, complete,
and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports. IV. Recipients
must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law, or detailed in program guidance. V.
Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as
pass -through entities) of federal financial assistance from DHS or one of its
awarding component agencies must complete the DHS Civil Rights
Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the
first award under which this term applies. Recipients of multiple awards of
DHS financial assistance should only submit one completed tool for their
organization, not per award. After the initial submission, recipients are
required to complete the tool once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the
completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights
obligations and related reporting requirements contained in the DHS
Standard Terms and Conditions. Subrecipients are not required to complete
and submit this tool to DHS. The evaluation tool can be found at
https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. DHS Civil
Rights Evaluation Tool I Homeland Security. The DHS Office for Civil Rights
and Civil Liberties will consider, in its discretion, granting an extension if the
recipient identifies steps and a timeline for completing the tool. Recipients
should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposal, bid invitations, and other
documents describing projects or programs funded in whole or in part with
federal funds.
Article 4 Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United
States are coordinated as necessary with appropriate government authorities
and that appropriate licenses, permits, or approvals are obtained.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act
of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S.
Code, § 6101 et seq.), which prohibits discrimination on the basis of age in
any program or activity receiving federal financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the
Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as
amended at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from
discriminating on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation,
and certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable
Information
Recipients who collect personally identifiable information (PII) are required to
have a publicly available privacy policy that describes standards on the
usage and maintenance of the PII they collect. DHS defines PII as any
information that permits the identity of an individual to be directly or indirectly
inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy Template as useful resources respectively.
Article 8 Civil Rights Act of 1964 - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights
Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which
provides that no person in the United States will, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the
Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.
90-284, as amended through Pub. L. 113-4, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in
the provision of services in connection therewith, on the basis of race, color,
national origin, religion, disability, familial status, and sex (see 42 U.S.C. §
3601 et seq.), as implemented by the U.S. Department of Housing and Urban
Development at 24 C.F.R. Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four
or more dwelling units—i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground -floor units in
buildings without elevators) —be designed and constructed with certain
accessible features. (See 24 C.F.R. Part 100, Subpart D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or
402 and an acknowledgement of U.S. Government sponsorship (including
the award number) to any work first produced under federal financial
assistance awards.
Article 11 Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension
regulations implementing Executive Orders (E.O.) 12549 and 12689, which
are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These
regulations restrict federal financial assistance awards, subawards, and
contracts with certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs or
activities.
Article 12 Drug -Free Workplace Regulations
Recipients must comply with drug -free workplace requirements in Subpart B
(or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which
adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec.
5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-
8106).
Article 13 Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided
for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal
financial assistance awards to overcome fund deficiencies; to avoid
restrictions imposed by federal statutes, regulations, or federal financial
assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are
allowable under two or more awards in accordance with existing federal
statutes, regulations, or the federal financial assistance award terms and
conditions may not be charged to other federal financial assistance awards to
overcome fund deficiencies; to avoid restrictions imposed by federal statutes,
regulations, or federal financial assistance award terms and conditions; or for
other reasons.
Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act)
— Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20
U.S.C. § 1681 et seq.), which provide that no person in the United States will,
on the basis of sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any educational program or
activity receiving federal financial assistance. DHS implementing regulations
are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
Article 15 E.O. 14074 —Advancing Effective, Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must
comply with the requirements of section 12(c) of E.O. 14074. Recipient State,
Tribal, local, or territorial law enforcement agencies are also encouraged to
adopt and enforce policies consistent with E.O. 14074 to support safe and
effective policing.
Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C.
§ 6201 et seq.), which contain policies relating to energy efficiency that are
defined in the state energy conservation plan issued in compliance with this
Act.
Article 17 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31
U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent
claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-
3812, which details the administrative remedies for false claims and
statements made.)
Article 18 Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other
taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-
129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text
messaging while driving as described in E.O. 13513, including conducting
initiatives described in Section 3(a) of the Order when on official government
business or when performing any work for or on behalf of the Federal
Government.
Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air
carriers holding certificates under 49 U.S.C.) for international air
transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative
guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training
space funded in whole or in part with federal funds complies with the fire
prevention and control guidelines of Section 6 of the Hotel and Motel Fire
Safety Act of 1990, 15 U.S.C. § 2225a
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year
2019
Recipients, subrecipients, and their contractors and subcontractors are
subject to the prohibitions described in section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232
(2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2
C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to
DHS recipients, subrecipients, and their contractors and subcontractors -
prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with
certain entities for national security reasons
Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42
U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of
national origin, which requires that recipients of federal financial assistance
take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. For additional
assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-
published-help-department- supported -organizations -provide -meaningful -
access -people -limited and additional resources on http://www.lep.gov.
Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of
the funds provided under a federal financial assistance award may be
expended by the recipient to pay any person to influence, or attempt to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification.
Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental
Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at
42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ)
Regulations for Implementing the Procedural Provisions of NEPA, which
require recipients to use all practicable means within their authority, and
consistent with other essential considerations of national policy, to create and
maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and
future generations of Americans
Article 26 Nondiscrimination in Matters Pertaining to Faith -Based
Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in
social service programs administered or supported by DHS or its component
agencies, enabling those organizations to participate in providing important
social services to beneficiaries. Recipients must comply with the equal
treatment policies and requirements contained in 6 C.F.R. Part 19 and other
applicable statues, regulations, and guidance governing the participations of
faith- based organizations in individual DHS programs.
Article 27 Non -Supplanting Requirement
Recipients receiving federal financial assistance awards made under
programs that prohibit supplanting by law must ensure that federal funds do
not replace (supplant) funds that have been budgeted for the same purpose
through non-federal sources.
Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the
Notice of Funding Opportunity (NOFO) for this program are incorporated
here by reference in the award terms and conditions. All recipients must
comply with any such requirements set forth in the program NOFO.
Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless
otherwise provided by law. Recipients are subject to the specific
requirements governing the development, reporting, and disposition of rights
to inventions and patents resulting from federal financial assistance awards
located at 37 C.F.R. Part 401 and the standard patent rights clause located at
37 C.F.R. § 401.14.
Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965),
(codified as amended by the Resource Conservation and Recovery Act, 42
U.S.C. § 6962.) The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA)
at 40 C.F.R. Part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of
competition.
Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the
Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at
29 U.S.C. § 794,) which provides that no otherwise qualified handicapped
individuals in the United States will, solely by reason of the handicap, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
assistance.
Article 32 Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements: If the total value of any currently active
grants, cooperative agreements, and procurement contracts from all federal
awarding agencies exceeds $10,000,000 for any period of time during the
period of performance of this federal award, then the recipients must comply
with the requirements set forth in the government -wide Award Term and
Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.
Part 200, Appendix XII, the full text of which is incorporated here by reference
in the award terms and conditions.
Article 33 Reporting Subawards and Executive Compensation
Reporting of first tier subawards. Recipients are required to comply with the
requirements set forth in the government -wide award term on Reporting
Subawards and Executive Compensation located at 2 C.F.R. Part 170,
Appendix A, the full text of which is incorporated here by reference in the
award terms and conditions.
Article 34 Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
Recipients must comply with the "Build America, Buy America" provisions of
the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an
award of Federal financial assistance from a program for infrastructure are
hereby notified that none of the funds provided under this award may be used
for a project for infrastructure unless: (1) all iron and steel used in the project
are produced in the United States --this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in
the United States; (2) all manufactured products used in the project are
produced in the United States —this means the manufactured product was
manufactured in the United States; and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of
the manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and (3) all construction
materials are manufactured in the United States —this means that all
manufacturing processes for the construction material occurred in the United
States. The Buy America preference only applies to articles, materials, and
supplies that are consumed in, incorporated into, or affixed to an
infrastructure project. As such, it does not apply to tools, equipment, and
supplies, such as temporary scaffolding, brought to the construction site and
removed at or before the completion of the infrastructure project. Nor does a
Buy America preference apply to equipment and furnishings, such as
movable chairs, desks, and portable computer equipment, that are used at or
within the finished infrastructure project but are not an integral part of the
structure or permanently affixed to the infrastructure project. Waivers When
necessary, recipients may apply for, and the agency may grant, a waiver from
these requirements. Information on the process for requesting a waiver from
these requirements is on the website below. (a) When the federal agency has
made a determination that one of the following exceptions applies, the
awarding official may waive the application of the domestic content
procurement preference in any case in which the agency determines that: (1)
applying the domestic content procurement preference would be inconsistent
with the public interest; (2) the types of iron, steel, manufactured products, or
construction materials are not produced in the United States in sufficient and
reasonably available quantities or of a satisfactory quality; or (3) the inclusion
of iron, steel, manufactured products, or construction materials produced in
the United States will increase the cost of the overall project by more than 25
percent. A request to waive the application of the domestic content
procurement preference must be in writing. The agency will provide
instructions on the format, contents, and supporting materials required for
any waiver request. Waiver requests are subject to public comment periods
of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an
existing waiver described at "Buy America" Preference in FEMA Financial
Assistance Programs for Infrastructure I FEMA.gov. The awarding
Component may provide specific instructions to Recipients of awards from
infrastructure programs that are subject to the "Build America, Buy America"
provisions. Recipients should refer to the Notice of Funding Opportunity for
further information on the Buy America preference and waiver process.
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under
programs that provide emergency communication equipment and its related
activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that
ensure and enhance interoperable communications.
Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit
transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. Recipients are legally
responsible to ensure compliance with the Order and laws.
Article 37 Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons. Recipients must comply with the requirements of the
government -wide financial assistance award term which implements Section
106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as
amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. §
175.15, the full text of which is incorporated here by reference.
Article 38 Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier
Recipients are required to comply with the requirements set forth in the
government -wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2
C.F.R. Part 25, Appendix A, the full text of which is incorporated here by
reference.
Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18
U.S.C. §§ 175-175c.
Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the
DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10
U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
Article 42 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review
process. This review does not address all federal, state, and local
requirements. Acceptance of federal funding requires the recipient to comply
with all federal,state and local laws. DHS/FEMA is required to consider the
potential impacts to natural and cultural resources of all projects funded by
DHS/FEMA grant funds, through its EHP review process, as mandated by:
the National Environmental Policy Act; National Historic Preservation Act of
1966, as amended; National Flood Insurance Program regulations; and any
other applicable laws and executive orders. To access the FEMA EHP
screening form and instructions, go to the DHS/FEMA website. 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. The EHP review process must be
completed before funds are released to carry out the proposed project;
otherwise, DHS/FEMA may not be able to fund the project due to
noncompliance with EHP laws, executive orders, regulations, and policies. If
ground disturbing activities occur during construction, applicant will monitor
ground disturbance, and if any potential archeological resources are
discovered the applicant will immediately cease work in that area and notify
the pass -through entity, if applicable, and DHS/FEMA.
Article 43 Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to subrecipients as a
matter of law, regulation, or executive order. If the requirement does not apply
to Indian tribes or there is a federal law or regulation exempting its application
to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS
Standard Terms and Conditions does not change or alter its inapplicability to
an Indian tribe. The execution of grant documents is not intended to change,
alter, amend, or impose additional liability or responsibility upon the Tribe
where it does not already exist.
Article 44 Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award
document after an award has been made, including changes to period of
performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made, any subsequent
request for funds will indicate recipient acceptance of the changes to the
award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-
mail to ASK-GMD@fema.dhs.gov if you have any questions.
Article 45 Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award
by a non -state recipient or non -state subrecipients, when that equipment is
no longer needed for the original project or program or for other activities
currently or previously supported by a federal awarding agency, you must
request instructions from FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. section 200.313. State recipients and state
subrecipients must follow the disposition requirements in accordance with
state laws and procedures.
Article 46 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you
must request prior written approval from FEMA where required by 2 C.F.R.
section 200.308. For purposes of non -construction projects, FEMA is utilizing
its discretion to impose an additional restriction under 2 C.F.R. section
200.308(f) regarding the transfer of funds among direct cost categories,
programs, functions, or activities. Threfore, for awards with an approved
budget where the federal share is greater than the simplified acquisition
threshold (currently $250,000), you may not transfer funds among direct cost
categories, programs, functions, or activities without prior written approval
from FEMA where the cumulative amount of such transfers exceeds or is
expected to exceed ten percent (10%) of the total budget FEMA last
approved. For purposes of awards that support both construction and non -
construction work, FEMA is utilizing its discretion under 2 C.F.R. section
200.308(h)(5) to require the recipient to obtain prior written approval from
FEMA before making any fund or budget transfers between the two types of
work. You must report any deviations from your FEMA approved budget in
the first Federal Financial Report (SF-425) you submit following any budget
deviation, regardless of whether the budget deviation requires prior written
approval.
Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include
the indirect cost rate for the federal award. If applicable, the indirect cost rate
for this award is stated in the budget documents or other materials approved
by FEMA and included in the award file.
Article 48 Award Performance Goals
FEMA will measure the recipient's performance of the grant by comparing the
number of items requested in its application, the numbers acquired (ordered,
paid, and received) within the period of performance. In order to measure
performance, FEMA may request information throughout the period of
performance. In its final performance report submitted at closeout, the
recipient is required to report on the recipients compliance with the applicable
industry, local, state and national standards described in the NOFO.
Obligating document
1.Agreement 2. Amendment
3. Recipient
4. Type of 5. Control No.
No.
No.
No.
Action WX00794N2023T
EMW-2021-FG-
N/A
716018462
AWARD
06754
6. Recipient Name and
7. Issuing FEMA Office and
8. Payment Office and
Address
Address
Address
FAYETTEVILLE, CITY OF
Grant Programs Directorate
FEMA, Financial Services
303 W CENTER
500 C Street, S.W.
Branch
FAYETTEVILLE, AR
Washington DC, 20528-7000
500 C Street, S.W., Room
72701
1-866-927-5646
723
Washington DC, 20742
9. Name of Recipient
9a. Phone
10. Name of FEMA
Project
10a.
Project Officer
No. Coordinator
Phone No.
Brad Hardin
4795758365 Assistance to Firefighters
1-866-274-
Grant Program
0960
11. Effective Date of
12.
Method of 13. Assistance
14. Performance
This Action
Payment Arrangement
Period
01/23/2023 OTHER - FEMA COST SHARING
GO
01 /30/2023 to
01 /29/2025
Budget Period
01 /30/2023 to
01 /29/2025
15. Description of Action a. (Indicate funding data for awards or financial
changes)
Amount
Program Assistance Accounting Prior Awarded Current Cumulative
Name Listings Data(ACCS Total This Total Non -Federal
Abbreviation No. Code) Award Action + Award Commitment
_ or (-)
12023-FD- 7
AFG 97.044 GB01 - $0.00 �$84,081.81 $84,081.81 $8,408.19
P410-xxxx-
_ 4101-D
Totals $0.00 $84,081.81 $84,081.81 $8,408.19
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
is field is not applicable for digitally signed grant agreements
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
PAMELA WILLIAMS, Assistant Administrator, Grant Programs 01/23/2023