Federal Emergency Management Agency FEMA avid'_ 30/ 65
FEDERAL EMERGENCY MANAGEMENT AGENCY.
OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
la.AGREEMENT NO. 2.AMENDMENT 3. RECIPIENT NO. 4.TYPE OF 5.CONTROL NO.
EMW-2017-F0-05796 NO. 59-6000372 ACTION WX02682N2018T
0 AWARD
6.RECIPIENT NAME AND 7.ISSUING OFFICE AND ADDRESS 8.PAYMENT OFFICE AND ADDRESS
ADDRESS Grant Programs Directorate FEMA,Financial Services Branch
City of Miami Beach 500 C Street,S . 500 C Street,S.W.,Room 723
1700 Convention Center Dr Washington DC,20528-7000 Washington DC,20472
Miami Beach POC:Andrea Day
Florida.33139-1819
9. NAME OF RECIPIENT PHONE NO. 10.NAME OF PROJECT COORDINATOR PHONE NO.
PROJECT OFFICER 3056737000 Catherine Patterson 1-866-274-0960
Talmage Thornhill
11.EFFECTIVE DATE OF 12. METHOD OF 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD
THIS ACTION PAYMENT Cost Sharing
07-AUG-18 SF-270 From:07-AUG-To:06-AUG-19
18
Budget Period
From:30-APR-To 30-SEP-18
18
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 THIS TOTAL NON-
ACRONYM XXXX-XXX-XXXXXX- AWARD ACTION AWARD FEDERAL
XXXXX-XXXX-XXXX-X +OR(-) COMMITMENT
AFG 97.D44 2018-F7-C111-P4310000- $0.00 $45.455.00 $45,455.00 $4,545.00
4101-D
°, a `a 'G'"k r: ?tN ,x'"SA, °aL � $'.q, r i ' 1a'' ilitgkr °' xa r . mA`41
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
Jimmy L.Morales,City Manager
GRANTEE: City of Miami Beach
DUNS NUMBER: 020546289
AMOUNT: $50,000.00, 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 recipients projector projects submitted
as part of the recipients 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
07-AUG-18 to 06-AUG-19
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 $50,000.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $0.00
Indirect Charges $0.00
18.FEMA NATORY OFFICIAL(Name and TiUe) DATE
Andrea Day 03-AUG-18
APPROVED AS TO
FORM & LANGUAGE
&FOR EXXCUTION
ML=
City Attorney
N'�
Award Package
U.S. Department of Homeland Security
Washington, D.C. 20472
I
i
'toez,. FEMA
r
1``t.?.ao stc�o.,
Ms. Talmage Thornhill
City of Miami Beach
1700 Convention Center Dr
Miami Beach, Florida 33139-1819
Re: Award No.EMW-2017-FO-05796
Dear Ms. Thornhill:
Congratulations, on behalf of the Department of Homeland Security, your application for financial
assistance submitted under the Fiscal Year(FY) 2017 Assistance to Firefighters Grant has been
approved in the amount of$45,455.00. As a condition of this award, you are required to contribute a
cost match in the amount of$4,545.00 of non-Federal funds, or 10 percent of the Federal contribution of
$45,455.00.
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 2017 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 bttos://wwN.sammov/portal/publicISAM/. 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:nportattemaoov to acceptor 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, Sign-up Form.
Please 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 keep the
original form in your grant files. Once approved you will be able to request payments online.
If you have any questions or concerns regarding your 1199A, or the process to request your funds,
please call (866)274-0960.
Sincerely,
Balt-O
Thomas George DiNanno
GPD Assistant Administrator
Summary Award Memo
INSTRUMENT: GRANT
AGREEMENT NUMBER: EMW-2017-FO-05796
State Taxes $0.00
Total $50,000.00
NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters)
The Program Office has made the following reductions to your grant:
The approved cost for the stretchers is 2 at$25,000 each.
Therefore, they have recommended the award at this level:
Total budget$50,000
Federal share$45,455
Applicant share$4,545
Any questions pertaining to your award package, please contact your GPD Grants Management
Specialist: Chanee Williams at Chanee.Williams@fema.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)
The Program Office has made the following reductions to your grant:
The approved cost for the stretchers is 2 at$25,000 each.
Therefore, they have recommended the award at this level:
Total budget$50,000
Federal share$45,455
Applicant share$4,545
Any questions pertaining to your award package, please contact your GPD Grants Management
Specialist: Chanee Williams at Chanee.Williams@fema.dhs.gov.
Agreement Articles
,/:�6 FEMA U.S. Department of Homeland Security
-r,v�ii Washington, D.C. 20472
ti ec-�a,:
AGREEMENT ARTICLES
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety
GRANTEE: City of Miami Beach
PROGRAM: Operations and Safety
AGREEMENT NUMBER: EMW-2017-FO-05796
AMENDMENT NUMBER:
TABLE OF CONTENTS
The FY 2017 DHS Standard Terms and Conditions apply to all new federal financial assistance
awards funded in FY 2017. The DHS financial assistance awards terms and
conditions flow down to subrecipients,unless a particular award
term or condition specifically indicates otherwise.
Article I. Assurances, Administrative Requirements, Cost Principles, and Audit Re
quirements
DHS financial assistance recipients must complete either the OMB Standard Form 4246 Assurances-
Non-Construction Programs or OMB Standard Form 424D
Assurances-Construction Programs as applicable.Certain assurances in these documents may not be a
pplicable to yourprogram,and the DHS financial assistance office(DHS FAO)may require applicants
to certify additional assurances. Applicants are required to fill out the assurances applicable to thei
r program as instructed by the awarding agency.Please contact the OHS FAO if you have any ques
Hons.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform A
dministrative Requirements, Cost Principles,and Audit Requirements for Federal Awards
located at 2 C.F.R. Part 200,and adopted by DHS at 2 C.F.R. Part 3002.
Article Jr. OHS Specific Acknowledgements and Assurances
All recipients,subrecipients,successors,transferees,and assignees must acknowledge and agre
e to comply with applicable provisions
governing DHS access to records,accounts,documents, information,facilities,and staff.
1.Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2.Recipients must give DHS access to,and the right to examine and copy, records,accounts,and of
her documents and sources of information related to the federal financial assistance award and p
ermit access to facilities,personnel,and other individuals and information as may be necessary,
asrequired by DHS regulations and other applicable laws or program guidance.
3.Recipients must submit timely,complete,and accurate reports to the appropriate DHS officia
Is 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, recipients have been accused of discrimination on the grounds of ra
ce,color,national origin (including limited English proficiency(LEP)),sex, age,disability, religion,
or familial status,recipients
must provide a list of all such proceedings,pending or completed,includingoutcome and copies o
f settlement agreements to the DHS FAO and the OHS Office of Civil Rights and Civil Liberties(CRCL)
by e-
mail at crcft he.dhsAov or by mail at U.S. Department of Homeland Security Office for Civil Rights
and Civil Liberties Building 410, Mail Stop#0190 Washington,D.C.20528.
6.In the event courts or administrative agencies make a finding of discrimination on grounds of
race,color,national origin (including LEP),sex,age,disability,religion,or familial status
against the recipient,or recipients
settle a case or matter alleging such discrimination, recipients must forward acopy of
the complaint and findings to the DHS FAO and the CRCL office by e-
mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
Article III. 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 hinds 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 firegrants@dhs.gov.
Article IV. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements,press releases, reques
is for proposals, bid invitations, and other documents describing projects or programs funded in whole or
in part with federal funds.
Article V. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as neces
sary
with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article VI. Age Discrimination Act of 1975
All recipients must comply
with the requirements of the Age Discrimination Act of 1975(Title 42 U.S. Code,§6101 et seq.),which prohi
bits discrimination on the basis of age in any program or activity receiving federal financial assistance.
Article VII. Americans with Disabilities Act of 1990
All recipients must comply
with the requirements of Titles I, II,and III of the Americans with Disabilities Act,which prohibits recipie
nts 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).
Article VIII. Animal Welfare Act of 1966
Where applicable, 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.
Article IX. Best Practices for Collection and Use of Personally Identifiable Information(PII
DHS defines personally
identifiable information(PII)as any information that permits the identity of an individual to be directly or indi
racily inferred, including any
information that is linked or linkable to that individual.All recipients who collect PII are required to have a p
ublically-available privacy policy thatdescribes
standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively.
Article X. Civil Rights Act of 1964-Title VI
All recipients must comply with the requirements of Title VI of the Civil Rights Act
of 1964 f42 U.S.C. §2000d et seg.),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
todiscrimination under any program or activity
receiving federal financial assistance.OHS implementing regulations for the Act are found at 6 C.F.R. Part
21 and 44 C.F.R.Part 7.
Article XI. 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,
andsex(See 42 U.S.C. §3601 et seq.),as implemented by the Department of Housing and Urban Developm
ent 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 andindividual 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.4 100.201.)
Article XII. Contract Provisions for Non-federal Entity Contracts under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the
recipient under the Federal award must contain provisions as required by Appendix II of 2 C.F.R. Part
200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, including but not limited to the
following:
a. Contracts for more than the simplified acquisition threshold set 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.
Article XIII. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. 44 401 or 402 and an acknowledgement
of U.S. Government sponsorship(including the award number)to any work first produced under federal financ
ial assistance awards.
Article XIV. Debarment and Suspension
All recipients are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders
(EO.)12549 and 12689 and 2 C.F.R. Part 180.These regulations restrict federal financial assistance awar
ds,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 XV. 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 projector 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.
Article XVI. Drug-Free Workplace Regulations
All recipients must comply with the Drug-
Free Workplace Act of 1988(41 U.S.C.4 8101 et seq.),which requires all organizations receiving grants fro
m any federal agency agree to maintain a drug-free workplace. You as the recipient must comply with
drug-free workplace requirements in Subpart B(or Subpart C, if the recipient is an individual)of 2 CFR part
3001,which adopts the Government-wide implementation(2 CFR part 182)of sec. 5152-5158 of the Drug-
Free Workplace Act of 1988(Pub.L. 100-690,Title V, Subtitle D;41 U.S.C. 8101-8107).
Article XVII. 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 awardterms and conditions, or for oth
er 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.
Article XVIII. Education Amendments of 1972(Equal Opportunity in Education Act)-Title
X
All recipients must comply with the requirements of Title IX of
the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.),which provide that no person in the Unite
d States will, on the basis of sex,be excluded from participation in, be denied the benefits of,or
be subjected to discrimination under anyeducational program or activity
receiving federal financial assistance.OHS implementing regulations are codified at 6 C.F.R. Part 17 and
44 C.F.R.Part 19
Article XIX. 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 issued in compliance with this Act.
Article XX. Environmental Planning and Historic Preservation Screening
AFG funded activities 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 Secudty/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 kinds.
Article XXI. False Claims Act and Program Fraud Civil Remedies
All recipients must comply
with the requirements of 31 U.S.C. 6 3729-3733 which prohibits the submission of false or fraudulent claims
for payment to the federal government.(See 31 U.S.C. 6 3801-
3812 which details the administrative remedies for false claims and statements made.)
Article XXII. 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 o
ther taxes,audit disallowances,and benefit overpayments. (See OMB Circular A- 129.)
Article XXIII. Federal Leadership on Reducing Text Messaging while Driving
All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as describ
ed 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 XXIV. 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 inter
national air transportation of people and property to the extent that such service is available,in accordance
with the International Air Transportation Fair Competitive PracticesAct of 1974 f49 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 G
eneral Decision e-138942.
Article XXV. 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 recipien
is must ensure that all conference,meeting, convention,or training space funded in whole or in part with fe
deral funds complies with the fire prevention and control guidelines of the Federal FirePrevention and Contr
of Act of 1974, as amended, 15 U.S.C.§2225.
Article XXVI. Limited English Proficiency(Civil Rights Act of 1964,Title VI)
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 fi
nancial assistance take reasonable steps to provide meaningful access to persons with limited English profici
ency(LEP)
to their programs and services. For additional assistance and informationregarding language access
obligations,please refer to the DHS Recipient Guidance https:/Aw.dhs.Qov/quirJance..pubIiseeIp
depa rtmentsuoportedorqanjzatopsprovidemeaninqfuI access people
Jim ted and additional resources on htto://www.lep.gov,
Article XXVII. Lobbying Prohibitions
All recipients must comply with 31 U.S.C.§ 1352 which provides that none of the funds
provided under an 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 oremployee of Congress, or an employee of
a Member of Congress in connection with any federal action concerning the award or renewal.
Article XXVIII. National Environmental Policy Act
All recipients must comply
with the requirements of the National Environmental Policy Act(NEPA)and the Council on Environmental Qua
lity (CEO)Regulations for Implementing the Procedural Provisions of NEPA, which requires
recipients to use all practicable means within their authority, and consistent withother essential considerations
of national policy,to create and maintain conditions under which people and nature can exist in productive h
armony and fulfill the social,economic,and other needs of present and future generations of Americans.
Article XXIX. 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. All recipients must comply
with the equaltreatment policies and requirements contained in 6 C.F.R.Part 19 and other applicable statue
s, regulations, and guidance governing the participations of faith-
based organizations in individual DHS programs.
Article XXX. Non-supplanting Requirement
All recipients receiving federal financial assistance awards
made under programs that prohibit supplanting by law must ensure that federal funds do not replace(sup
plant)funds that have been budgeted for the same purpose through non-federal sources.
Article XXXI. Notice of Funding Opportunity Requirements
All of the instructions,guidance,limitations, and other conditions set forth in the Notice of Funding Opportu
nity
(NOFO)for this program are incorporated here by reference in the award terms and conditions. All recipien
is must comply with any such requirements set forth in the program NOFO.
Article XXXII. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bavh-Dole Act, Pub. L. No.96-
517 as amended, and codified in 35 U.S.C. 6 200 et seq.All recipients are subject to the specific
requirements governing the development, reporting, and disposition of rights to inventions and patents resulti
ng fromfederal 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 XXXIII. 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 oris 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.
Article XXXIV. Procurement of Recovered Materials
All recipients must comply
with Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recover
v Act.The requirements of Section 6002 include procuring only
items designated in guidelines of Environmental Protection Agency
(EPA)at 40 C.F.R. Part 247 that containthe highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition.
Article XXXV. Protection of Human Subjects
Where applicable,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.
Article XXXVI. Rehabilitation Act of 1973
All recipients must comply
with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 6 794 as amended,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 XXXVII. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently
active grants, cooperative agreements,and procurement contracts from all federal assistance offices excee
ds$10,000,000 for any period of time during the period of performance of this federal financial assistance a
ward,you must comply with the requirements setforth in the government-
wide Award Tern 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 XXXVIII. Reporting Subawards and Executive Compensation
All 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,Appe
ndix A the full text of which is incorporated here by reference in the award terms and conditions.
Article XXXIX. SAFECOM
All 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 sta
ndards that ensure and enhanceinteroperable communications.
Article XL. Terrorist Financing
All recipients must comply
with E.O. 13224 and U.S. law that prohibit transactions with,and the provisions of resources and support to,
individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compli
ance with the Order and laws.
Article XLI. 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 of2000,(TVPA)as amended by 22 U.S.C.§7104. T
he award term is located at 2 C.F.R.§ 175.15 the full text of which is incorporated here byreference in the a
ward terms and conditions.
Article XLII. Universal Identifier and System of Award Management(SAM)
All 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 R
equirements
located at 2 C.F.R. Part 25,Appendix A the full text of which is incorporated here by reference in theterms an
d conditions.
Article XLIII. 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.
Article XLIV. Use of DHS Seal, Logo and Flags
All recipients must obtain permission from their DHS FAO,prior to using the DHS seal(s), logos,crests or r
eproductions of flags or likenesses of OHS agency officials, including use of
the United States Coast Guard seal,logo, crests or reproductions of flags or likenesses of Coast Guard off
vials.
Article XLV. Whistleblower Protection Act
All recipients must comply with the statutory
requirements for whistleblower protections(if applicable)at 10 U.S.0 6 2409 41 U.S.C.4712 and 10 U.S.C.
§ 2324,41 U.S.C.§§4304 and 4310.