ward Letter
U. S. Department of Homeland Security
Washington, D. C. 20472
Eectivedate: 09/ 23/ 2025Harry
Muns CHULA
VISTA, CITY OF 276
FOURTHAVENUE CHULA
VISTA, CA 91910EMW-
2024- FG- 01070Dear
Harry Muns, Congratulations
on behalfof theDepartmentof HomelandSecurity. Your applicationsubmitted for the FiscalYear ( FY) 2024 Assistanceto FireghtersGrant ( FG) Grantfunding opportunityhas been approvedin theamountof $ 331, 963. 63 in Federalfunding. As a conditionof thisgrant, you are requiredto contributenon- Federalfunds equal to or greaterthan 10. 0% of the Federalfunds awarded, or $ 33, 196.37 for a totalapprovedbudget of $ 365, 160. 00. Pleasesee the FY 2024FG Notice of FundingOpportunityfor informationon howto meetthis cost share requirement.Before you requestand receiveany of the Federalfunds awardedto you, you must establishacceptance of theawardthrough the FEMAGrants Outcomes (FEMA GO) system. By acceptingthis award, you acknowledgethat the termsof thefollowingdocuments are incorporatedinto the terms of youraward: Summary
Award Memo - included in thisdocumentAgreement
Articles - included in thisdocumentObligating
Document - included in thisdocument2024
FG Noticeof FundingOpportunity (NOFO) - incorporated by referencePlease make sure you read, understand, and maintaina copyof thesedocumentsin yourocial le for this award.Sincerely,Stacey
Street
Deputy Assistant
AdministratorGrant Programs
Directorate
Summary Award Memo
Program: Fiscal Year 2024 Assistance to Fireghters Grant Recipient: CHULA VISTA, CITY OF
UEI- EFT: KVBYLRZMAGJ9
Award number: EMW- 2024- FG- 01070
Summary description of award
The purpose of the Assistance to Fireghters Grant program is to protect the health and safety of the public and reghting personnel against re and re- 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 Fireghters Grant Program' s purpose and was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year ( FY) 2024 Assistance to Fireghters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award ( including Federal share plus your cost share, if applicable):
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justications are provided for any dierencesbetween the scopeof workin theoriginalapplication and the approvedscope of workunder this award. You must submit scope or budgetrevision requests for FEMA's prior approval, via an amendmentrequest, as appropriateper 2 C.F. R. § 200. 308 and the FY2024FG NOFO.Approved
request details: Wellness
and tness programs Object
Class Total Personnel $
0. 00Fringe
benets $ 0. 00Travel $
0. 00Equipment $
0. 00Supplies $
0. 00Contractual $
365, 160. 00 Construction $
0. 00Other $
0. 00Indirect
charges $0. 00Federal $
331, 963. 63 Non-
federal $33, 196.37 Total $
365, 160. 00 Program
Income $ 0. 00
Cancer Screening Physical
DESCRIPTION
Breast Cancer Screening for female personnel. 2- year contract. 10 personnel each year.
QUANTITY UNIT PRICE TOTAL
20 $ 99. 00 $ 1, 980. 00
BUDGET CLASS
Contractual
Cancer Screening Physical
DESCRIPTION
Cancer marker screening. 2- year program. 220 personnel each year.
QUANTITY UNIT PRICE TOTAL
400 $ 99. 00 $ 39, 600. 00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Quantity from 440 to 400
JUSTIFICATION
Fund with Adjustments: The Department is requesting physicals/ screenings for 220 members. The Application lists 200 Members.
Cancer Screening Physical
DESCRIPTION
Ovarian Cancer Screening for female personnel. 2- year contract. 10 personnel each year.
QUANTITY UNIT PRICE TOTAL
20 $ 59. 00 $ 1, 180. 00
BUDGET CLASS
Contractual
Periodic Physical Exam/ Health Screening
DESCRIPTION
Comprehensive Labs and Phlebotomy. 2- year contract. 220 personnel each year.
QUANTITY UNIT PRICE TOTAL
400 $ 29. 00 $ 11, 600. 00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Quantity from 440 to 400
JUSTIFICATION
Fund with Adjustments: The Department is requesting physicals/ screenings for 220 members. The Application lists 200 Members.
Periodic Physical Exam/ Health Screening
DESCRIPTION
Standard NFPA 1582 Annual Physical and Wellness Assessment. 2- year contract. 220 personnel each year.
QUANTITY UNIT PRICE TOTAL
400 $ 699. 00 $ 279, 600. 00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Quantity from 440 to 400
JUSTIFICATION
Fund with Adjustments: The Department is requesting physicals/ screenings for 220 members. The Application lists 200 Members.
Periodic Physical Exam/ Health Screening
DESCRIPTION
Cardiology and Radiology Followup Contingency. 2- year contract. 220 personnel each year.
QUANTITY UNIT PRICE TOTAL
400 $ 29. 00 $ 11, 600. 00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Quantity from 440 to 400
JUSTIFICATION
Fund with Adjustments: The Department is requesting physicals/ screenings for 220 members. The Application lists 200 Members.
Periodic Physical Exam/ Health Screening
DESCRIPTION
Testosterone level testing all personnel. 2- year contact. 220 personnel each year.
QUANTITY UNIT PRICE TOTAL
400 $ 49. 00 $ 19, 600. 00
BUDGET CLASS
Contractual
CHANGE FROM APPLICATION
Quantity from 440 to 400
JUSTIFICATION
Fund with Adjustments: The Department is requesting physicals/ screenings for 220 members. The Application lists 200 Members.
Agreement Articles
Program: Fiscal Year 2024 Assistance to Fireghters Grant Recipient: CHULA VISTA, CITY OF
UEI- EFT: KVBYLRZMAGJ9
Award number: EMW- 2024- FG- 01070
Table of contents
Article
1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certications
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identiable Information Article
8 CHIPS and Science Act of 2022, Public Law 117- 167 CHIPS Article
9 Civil Rights Act of 1964 – Title VI
Article
10 Civil Rights Act of 1968
Article
11 Communication and Cooperation with the Department of Homeland Security and Immigration OcialsArticle
12 Copyright
Article
13 Debarment
and SuspensionArticle
14 Drug-
Free WorkplaceRegulations Article
15 Duplicative
Costs Article
16 Education
Amendments of 1972 (Equal Opportunityin EducationAct) – Title IX Article 17 Energy
Policy and ConservationAct Article
18 Equal
Treatmentof Faith-Based OrganizationsArticle
19 Anti-
DiscriminationArticle
20 False
Claims Act and ProgramFraud Civil RemediesArticle
21 Federal
Debt Status Article
22 Federal
Leadership on ReducingText Messagingwhile Driving Article 23 Fly
AmericaAct of 1974Article
24 Hotel
and Motel Fire Safety Act of 1990Article
25 John
S. McCainNational Defense Authorization Act of FiscalYear 2019 Article
26 Limited English Prociency ( Civil Rights Act of 1964, Title VI) Article
27 Lobbying Prohibitions
Article
28 National Environmental Policy Act
Article
29 National Security Presidential Memorandum- 33 ( NSPM- 33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117- 167, Section 10254 Article
30 Non- Supplanting Requirement
Article
31 Notice of Funding Opportunity Requirements
Article
32 Patents and Intellectual Property Rights
Article
33 Presidential Executive Orders
Article
34 Procurement of Recovered Materials
Article
35 Rehabilitation Act of 1973
Article
36 Reporting Recipient Integrity and Performance Matters Article
37 Reporting Subawards and Executive Compensation
Article
38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
39 SAFECOM
Article
40 Subrecipient Monitoring and Management
Article
41 System for Award Management and Unique Entity Identier Requirements Article
42 Termination of a Federal Award
Article
43 Terrorist Financing
Article
44 TrackingVictims Protection Act of 2000(TVPA) Article 45 Uniting
and StrengtheningAmerica by ProvidingAppropriate Tools Required to Intercept and ObstructTerrorism ( USA PATRIOT) Act of 2001, Pub. L. 107-56 Article 46 Use
of DHSSeal, Logo and Flags Article
47 Whistleblower
Protection Act Article
48 Environmental
Planning and HistoricPreservation (EHP) Review Article
49 Applicability
of DHSStandardTerms and Conditionsto TribalNations Article 50 Acceptance
of PostAward Changes
Article
51 Disposition of Equipment Acquired Under the Federal Award Article
52 Prior Approval for Modication of Approved Budget
Article
53 Indirect Cost Rate
Article
54 Build America, Buy America Act ( BABAA) Required Contract Provision & Self- Certication
Article
55 Award Performance Goals
Article
56 Non- Applicability of Specic Agreement Articles
Article
57 Payment Information ( Updated)
Article
58 Termination of the Federal Award ( Updated)
Article
59 Non- Applicability of Specic Agreement Articles
Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certications
I. Recipients must complete either the Oceof Managementand BudgetOMB) Standard Form 424B Assurances – Non- ConstructionPrograms, or OMB StandardForm 424D Assurances – Construction Programs, as applicable.
Certain assurancesin thesedocumentsmay not be applicableto your programand the DHS nancial assistance oce ( DHSFAO) may require applicantsto certify additionalassurances. Applicants are required to ll outtheassurances, as instructed. Article2
General Acknowledgementsand Assurances Recipientsare
required to follow theapplicableprovisionsof the UniformAdministrativeRequirements, Cost Principles, and Audit Requirementsfor Federal Awards in eect as of the federalawarddateand located in Title 2, Codeof Federal Regulations, Part200 and adoptedby DHS at 2 C. F. R. §3002.10. All recipientsand subrecipientsmust acknowledgeand agree to provideDHS access to records, accounts, documents, information, facilities, and sta pursuant to 2 C. F. R. § 200.337. I. Recipientsmust cooperatewith any DHS compliancereviews or compliance investigations. II. Recipients must giveDHS access to examineand copyrecords, accounts, and other documents and sourcesof informationrelated to the federal awardand permit access to facilities and personnel.
III. Recipientsmust submittimely, complete, and accuratereports to the appropriateDHSocialsand maintainappropriatebackupdocumentationto support the reports. IV. Recipientsmustcomply withall other special reporting, datacollection, and evaluation requirementsrequired by law, federal regulation, Noticeof Funding Opportunity, federal awardspecic terms and conditions, and/ or DHS Component programguidance. Organizationcosts related to data and evaluation areallowable. The denition of data and evaluation costsis in 2 C. F. R. § 200.455(c), the full text of whichis incorporated by reference. V. Recipients mustcomplete DHSForm 3095 within 60 days of receipt of the Noticeof Awardfor the rst award underwhichthis term applies.
For furtherinstructionsand to access the form, pleasevisit: https://www. dhs. gov/ civil- rightsresources-recipients-dhs- nancial-assistance. Article 3 Acknowledgement of
Federal Funding from DHSRecipients must acknowledgetheir use of federal awardfundingwhenissuing statements, press releases, requests for proposal, bid invitations, and other documentsdescribing projectsor programs funded in wholeor in partwith federalawardfunds.Article 4 Activities Conducted
Abroad Recipientsmust coordinate with
appropriate governmentauthorities when performing project activities outside the United States obtain all appropriatelicenses, permits, or approvals.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94- 135 ( codied 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 nancial 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. No. 101- 336 ( 1990) ( codied 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 Identiable Information
1) Recipients who collect personally identiable information ( PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. ( 2) Denition. DHS denes “ 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 nd the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
Article 8 CHIPS and Science Act of 2022, Public Law 117- 167 CHIPS 1) Recipients of DHS research and development ( R& D) awards must report to the DHS Component research program oceanyndingor determinationof sex basedand sexualharassmentand/ or an administrativeor disciplinaryaction taken against principal investigators or co- investigatorsto be completedby an authorizedorganizational representative ( AOR) at the recipientinstitution. ( 2) Notication. An AORmust disclosethe followinginformation to agencies within 10 daysof thedate/the ndingis made, or 10 daysfrom when a recipientimposes an administrativeaction on the reportedindividual, whichever is sooner. Reports should include: (a) Awardnumber, (b) Nameof PI or Co-PI beingreported, (c) Awardeename, ( d) Awardeeaddress, ( e) AORname, title, phone, and emailaddress, (f) Indicationof thereporttype: ( i) Finding or determinationhas been made that the reportedindividual violated awardee policies or codesof conduct, statutes, or regulationsrelated to sexualharassment, sexual assault, or otherforms of harassment, including the date that the ndingwas made. (ii) Impositionof an administrativeor disciplinaryaction by the recipienton the reportingindividual related to a nding/ determinationor an investigationof an allegedviolation of recipientpolicy or codesof conduct, statutes, or regulations, or otherforms of harassment. ( iii) Thedate and natureof theadministrative/disciplinary action, including a basicexplanationor descriptionof the event, which should not disclose personally identiable information regarding any complaintsor individuals involved. Any descriptionprovided must be consistentwith the Family EducationalRights in PrivacyAct. ( 3) Denitions. (a) An “authorizedorganizational representative ( AOR)” is an administrativeocial who, on behalf of the proposinginstitution, is empowered to make certicationsand representations and can committhe institution to the conductof a projectthatan agency is being askedto support as well as adhereto various agencypolicies and award requirements. (b) “ Principal investigatorsand co- principalinvestigators” are award personnelsupportedby a grant, cooperativeagreement, or contract underFederal law. ( c) A “ reportedindividual” refers to recipientpersonnel who have been reportedto a federalagencyfor potential sexualharassment violations. (d) “ Sex basedharassment” means a form of sex discrimination and includes harassmentbased on sex, sex stereotypes,sex characteristics, pregnancyor related conditions, sexual orientation, and gender identity. ( e) “ Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbalor physical conductof a sexualnaturewhen this conduct explicitlyor implicitly aectsan individual’s employment, unreasonably interferes with an individual’ s workperformance, orcreatesan intimidating, hostile, or oensive work environment, whethersuch activity is carried out by a supervisoror by a co- worker, volunteer, orcontractor.
Article 9 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88- 352 ( codied 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 benets of, or be subjected to discrimination under any program or activity receiving federal nancial assistance. DHS implementing regulations for the Act are found at 6 C. F. R. Part 21. Recipients of a federal award from the Federal Emergency Management Agency ( FEMA) must also comply with FEMA’ s implementing regulations at 44 C. F. R. Part 7.
Article 10 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.
No. 90284 ( codied as amended at 42 U. S. C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, nancing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U. S. Department of Housing and Urban Development at 24 C. F. R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i. e., the public and common use areas and individual apartment units ( all units in buildings with elevators and ground- oor units in buildings without elevators) be designed and constructed with certain accessible features. ( See 24 C. F. R. Part 100, Subpart D.)
Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Ocials1)
All recipientsand other recipientsof fundsunder this awardmust agree that they will complywith the followingrequirements related to coordinationand cooperation with the Departmentof HomelandSecurity and immigrationocials: ( a) They mustcomply with the requirementsof 8 U. S. C. §§ 1373and 1644. These statutes prohibit restrictions on information sharingby state and local government entitieswith DHS regardingthe citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U. S. C. § 1373prohibitsany person or agency fromprohibiting, or in anywayrestricting, a Federal, State, or local governmententity from doing any of the followingwith respect to informationregardingthe immigration statusof any individual: 1) sending such information to, or requestingor receiving suchinformation from, Federal immigration ocials; 2) maintainingsuch information; or 3) exchanging suchinformationwith any other Federal, State, or local governmententity; (b) They must comply with other relevant laws relatedto immigration, including prohibitionson encouraging or inducingan aliento cometo, enter, or residein the United States in violation of law, 8 U. S. C. § 1324(a)(1)( A)( iv), prohibitionson transportingor movingillegal aliens, 8 U. S. C. § 1324(a)( 1)( A)( ii), prohibitionson harboring, concealing, or shielding from detectionillegal aliens,8 U. S.
C. § 1324(a)( 1)( A)( iii), andany applicableconspiracy, aidingor abetting, or attemptliability regardingthese statutes; (c) That they willhonor requestsfor cooperation, such as participation in jointoperations, sharingof information, or requestsfor shortterm detentionof an alien pursuantto a valid detainer. A jurisdictiondoes not fail to complywith thisrequirementmerelybecauseit lacks the necessary resourcesto assist in a particularinstance; (d) That they will provideaccess to detainees, such as when an immigrationocer seeksto interviewa person who might bea removablealien; and (e) That they will not leak or otherwisepublicize the existenceof an immigrationenforcementoperation. (2) The recipient must certifyunder penalty of perjury pursuant to 28 U. S. C. § 1746 andusinga form that is acceptableto DHS, thatit willcomply with therequirementsof this term. Additionally, the recipientagrees that it will require any subrecipientsor contractorsto certify in the samemanner thatthey will comply with this term prior to providingthem with anyfunding under this award. (3) The recipient agrees thatcompliancewith this term is materialto the Government’s decisionto make or continue withthis awardand that the Departmentof homelandSecurity may terminatethis grant, or take any other allowableenforcementaction, if the recipient fails to complywith this term.Article 12 CopyrightRecipients must ax the
applicable copyrightnoticesof17 U. S. C. §§ 401or 402to any work rst producedunderfederalawards and also include an acknowledgementthat the work was produced undera federalawardincluding the federalaward number and federalawarding agency). As detailedin 2 C. F. R. § 200.315, a federalawardingagencyreservesa royalty- free, nonexclusive, and irrevocableright to reproduce, publish, or otherwiseusethe work for federal purposesand to authorizeothers to do so.
Article 13 Debarment and Suspension
Recipients must comply with the non- procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C. F. R. Part 180 as implemented by DHS at 2 C. F. R. Part 3000. These regulations prohibit recipients from entering into covered transactions ( such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
Article 14 Drug- Free Workplace Regulations
Recipients must comply with drug- free workplace requirements in Subpart B or Subpart C, if the recipient is an individual) of 2 C. F. R. Part 3001, which adopts the Government- wide implementation ( 2 C. F. R. Part 182) of the Drug- Free Workplace Act of 1988 ( 41 U. S. C. §§ 8101- 8106).
Article 15 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the current or a prior budget period. See 2 C. F. R. § 200. 403( f). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions.
Article 16 Education Amendments of 1972 ( Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92- 318 ( codied 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 benets of, or be subjected to discrimination under any educational program or activity receiving federal nancial assistance. DHS implementing regulations are codied at 6 C. F. R. Part 17. Recipients of a federal award from the Federal Emergency Management Agency ( FEMA) must also comply with FEMA’ s implementing regulations at 44 C. F. R. Part 19.
Article 17 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 ( 1975) ( codied as amended at 42 U. S. C. § 6201 et seq.), which contain policies relating to energy eciencythat are denedin thestate energy conservationplan issued in compliancewith this Act.
Article 18 Equal Treatment of 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 beneciaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C. F. R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.
Article 19 Anti- Discrimination
Recipients must comply with all applicable Federal anti- discrimination laws material to the government’ s payment decisions for purposes of 31 U. S. C. § 372( b)( 4). ( 1) Denitions. As used in this clause – ( a) DEI means “ diversity, equity, and inclusion.” ( b) DEIA means “ diversity, equity, inclusion, and accessibility.” ( c) Discriminatory equity ideology has the meaning set forth in Section 2( b) of Executive Order 14190 of January 29, 2025. ( d) Federal anti- discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. ( e) Illegal immigrant means any alien, as dened in 8 U. S. C. § 1101( a)( 3), who has no lawful immigration status in the United States.( 2) Grant award certication. ( a) By accepting the grant award, recipients are certifying that: ( i) They do not, and will not during the term of this nancial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti- discrimination laws; and ( ii) They do not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott. ( iii) They do not, and will not during the term of this award, operate any program that benets illegal immigrants or incentivizes illegal immigration. ( 3) DHS reserves the right to suspend payments in whole or in part and/ or terminate nancial assistance awards if the Secretary of Homeland Security or her designee determines that the recipient has violated any provision of subsection ( 2). ( 4) Upon suspension or termination under subsection ( 3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C. F. R. § 200. 346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law.
Article 20 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U. S. C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. ( See 31 U. S. C. §§ 3801- 3812, which details the administrative remedies for false claims and statements made.)
Article 21 Federal Debt Status
All recipients are required to be non- delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benet overpayments. See OMB Circular A- 129.
Article 22 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient- owned, recipient- rented, or privately owned vehicles when on ocialgovernmentbusiness or whenperformingany work for or on behalfof the FederalGovernment. Recipients are also encouragedto conduct the initiativesof thetype describedin Section3( a) of ExecutiveOrder 13513.
Article
23 Fly AmericaAct of 1974Recipients
must complywith Preferencefor U. S. FlagAir Carriers (a listof certied air carrierscan be foundat: CerticatedAir CarriersList | US Department of Transportation, https:// www. transportation.gov/ policy/aviation-policy/ certicated-aircarriers- list) for internationalair transportationof peopleand propertyto theextentthat such serviceis available, in accordancewith the International Air TransportationFair CompetitivePractices Act of 1974, 49 U.
S. C. § 40118, and the interpretativeguidelines issued by the ComptrollerGeneral of the UnitedStates in theMarch31, 1981, amendmentto ComptrollerGeneral Decision B- 138942.Article
24 Hotel and Motel Fire SafetyAct of 1990Recipients
must ensure that all conference, meeting, convention, or trainingspace funded entirely or in partby federalaward funds complieswith the re prevention and controlguidelines of Section6 of the Hoteland Motel Fire Safety Act of 1990, 15 U. S. C. § 2225a.Article
25 John S. McCainNational Defense Authorization Act of FiscalYear 2019 Recipients, subrecipients, and their contractorsand subcontractorsare subjectto the prohibitionsdescribed in section889 of the John S. McCainNational Defense AuthorizationAct for FiscalYear 2019, Pub. L. No. 115- 232 ( 2018) and 2 C. F. R. §§ 200. 216, 200. 327, 200. 471, and AppendixII to 2 C. F. R. Part200.
The statute – as it appliesto DHSrecipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expendingfederal award funds on certaintelecommunicationsand videosurveillanceproducts and contractingwith certainentities for nationalsecurity reasons.
Article 26 Limited English Prociency ( 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 nancial assistance take reasonable steps to provide meaningful access to persons with limited English prociency ( LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https:// www. dhs. gov/ guidance- published- help- department- supported- organizationsprovide- meaningful- access- people- limited and additional resources on http:// www. lep. gov.
Article 27 Lobbying Prohibitions
Recipients must comply with 31 U. S. C. § 1352 and 6 C. F. R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to inuence, or attempt to inuence an oceror employeeof anyagency, a Memberof Congress, an ocer or employeeof Congress, or an employeeof a Memberof Congress in connection with any federalactionrelated to a federalawardor contract,includingany extension, continuation, renewal, amendment, or modication. Per6 C. F. R. Part9, recipientsmustle a lobbyingcerticationform as describedin Appendix A to 6 C. F. R. Part9 or availableon Grants. gov as the Grants.gov LobbyingFormand le a lobbyingdisclosureform as describedin Appendix B to 6 C. F. R. Part9 or availableon Grants. gov as the Disclosureof Lobbying Activities ( SF- LLL). Article28
National EnvironmentalPolicy Act Recipientsmust
comply with the requirementsof the NationalEnvironmentalPolicy Act of 1969, Pub. L. No. 91-190 ( 1970) (codied as amended at 42 U. S.
C. § 4321et seq.) ( NEPA) and the Councilon EnvironmentalQualityCEQ) Regulations for Implementing the Procedural Provisionsof NEPA, whichrequire recipientsto use all practicablemeanswithin their authority, and consistent with other essentialconsiderationsof national policy, to create andmaintain conditions under which people and nature can exist in productiveharmonyand fulll the social, economic, and other needsof present andfuture generationsof Americans. Article29
National Security Presidential Memorandum-33 ( NSPM- 33) and provisionsof the CHIPSand Science Act of 2022, Pub. L. 117- 167,Section10254 1) Recipient
researchinstitutions (“ covered institutions”) must comply with the requirementsin NSPM- 33 and provisionsof Pub. L. 117- 167, Section10254codied at 42 U. S. C. § 18951) certifyingthat the institutionhas established and operates a research securityprogram that includes elementsrelating to: a) cybersecurity; ( b) foreign travelsecurity; ( c) research securitytraining; and d) export controltraining, as appropriate. (2) Denition. “ Coveredinstitutions” means recipient research institutions receiving federal Research and Development (R& D) scienceandengineeringsupport “in excess of $50 millionper year.” Article 30 Non- Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non- federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.
Article 31 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity ( NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in eect.Article
32 Patents and IntellectualProperty Rights Recipients
are subjectto theBayh-Dole Act, 35 U. S. C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Departmentof Commerceat 37 C. F. R. Part401 Rights to InventionsMade by NonprotOrganizationsand Small BusinessFirms under GovernmentAwards, Contracts, and CooperativeAgreements) and the standardpatent rights clause set forth at 37 C. F. R. § 401. 14. Article 33 PresidentialExecutive Orders Recipients
must complywith the requirementsof PresidentialExecutive Orders related to grants (also knownas federalassistanceand nancialassistance), the full text of whichare incorporatedby reference.Article 34 Procurementof RecoveredMaterials States,
political subdivisionsof states, and their contractorsmust comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89- 272 (1965) codied as amendedby the ResourceConservation and RecoveryAct at 42 U.
S. C. § 6962) and 2 C. F. R. § 200. 323. The requirementsof Section6002 include procuring only items designatedin guidelinesof theEnvironmentalProtection Agency ( EPA) at 40 C. F. R. Part247 that containthe highestpercentage of recoveredmaterials practicable, consistent with maintaininga satisfactory level of competition.
Article 35 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93- 112 ( codied as amended at 29 U. S. C. § 794), which provides that no otherwise qualied handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benets of, or be subjected to discrimination under any program or activity receiving federal nancial assistance.
Article 36 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds 10, 000, 000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government- wide federal award term and condition for Recipient Integrity and Performance Matters is in 2 C. F. R. Part 200, Appendix XII, the full text of which is incorporated by reference.
Article 37 Reporting Subawards and Executive Compensation For federal awards that total or exceed $ 30, 000, recipients are required to comply with the requirements set forth in the government- wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2 C. F. R. Part 170, Appendix A, the full text of which is incorporated by reference.
Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
1) Recipients of a federal award from a nancial assistance program that provides funding for infrastructure are hereby notied that none of the funds provided under this federal award may be used for a project for infrastructure unless: ( a) all iron and steel used in the project are produced in the United States— this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; ( b) all manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and ( c) all construction materials are manufactured in the United States— this means that all manufacturing processes for the construction material occurred in the United States. ( 2) The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or axedto an infrastructureproject. As such, it doesnot applyto tools,equipment, and supplies, such as temporaryscaolding, broughtto the constructionsite and removedat or beforethecompletionof the infrastructureproject. Nor does a Buy Americapreferenceapply to equipmentandfurnishings, such as movablechairs, desks, and portable computerequipment, that are used at or withinthe nished infrastructureproject but are not an integralpart of the structureor permanently axedto the infrastructureproject.3) Waivers When necessary, recipients may apply for, and the agencymay grant, a waiver from theserequirements. The agency should notify the recipient for information on the process for requestinga waiverfrom theserequirements. (a) When the Federalagency has determined that one of the followingexceptionsapplies, the federal awarding ocialmay waive the applicationof the domestic content procurementpreferencein any case in whichthe agency determines that: ( i) applying the domesticcontentprocurementpreferencewould be inconsistent with the publicinterest; ( ii) the types of iron, steel, manufacturedproducts, or constructionmaterials are notproduced in the United States in sucientand reasonablyavailablequantitiesor of a satisfactory quality; or (iii) theinclusion of iron, steel, manufacturedproducts, or constructionmaterialsproduced in the United States will increasethe cost of the overall projectby morethan25 percent. (b) A requestto waive theapplicationof thedomestic contentprocurement preferencemust be in writing. The agency will provide instructionson the format, contents, and supportingmaterialsrequired for any waiver request. Waiver requestsare subject to public comment periods of no less than 15 daysandmust be reviewedby the Made in America Oce. (c) There maybe instanceswherea federal award qualies, in whole or in part, for an existing waiverdescribedat Buy America” Preference in FEMA Financial AssistancePrograms for Infrastructure | FEMA. gov. ( 4) Denitions. The denitions applicableto thisterm are set forth at 2
C. F. R. § 184. 3, thefulltextof which is incorporatedby reference.
Article 39 SAFECOM
Recipients receiving federal awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.
Article 40 Subrecipient Monitoring and Management
Pass- through entities must comply with the requirements for subrecipient monitoring and management as set forth in 2 C. F. R. §§ 200. 331- 333.
Article 41 System for Award Management and Unique Entity Identier Requirements
Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identier Requirements in 2 C. F. R. Part 25, Appendix A, the full text of which is incorporated reference.
Article 42 Termination of a Federal Award
1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: ( a) If the recipient fails to comply with the terms and conditions of the federal award; ( b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the eectivedate, and in thecase of partialtermination, the portionto be terminated; or ( c) Pursuantto thetermsand conditionsof thefederalaward, including, to the extentauthorizedby law, if thefederalaward no longereectuates theprogram goalsor agencypriorities. (3) By theRecipient. The recipient may terminate the federal award, in whole or in part, by sendingwrittennotication to DHS statingthe reasons for such termination, the eective date, andin the case of partialtermination, the portion to be terminated. However, if DHS determines thatthe remaining portionof the federal awardwill not accomplishthe purposesfor whichthe federalaward was made, DHS may terminate the federalaward in its entirety. ( 4) Notice.Either partywill provide written noticeof intent to terminatefor anyreason to the other party no less than 30 calendardays priorto the eectivedateof the termination. (5) Compliancewith Closeout Requirementsfor TerminatedAwards. The recipientmust continue to comply with closeout requirementsin 2 C. F. R. §§ 200. 344200.345after an award is terminated.Article43 TerroristFinancing Recipientsmust comply with
Executive Order 13224 and applicable statutory prohibitionson transactions with, and the provisions of resourcesand support to, individuals and organizations associatedwith terrorism. Recipients are legally responsible for ensuring compliancewith the Executive Order and laws.
Article 44 TrackingVictims Protection Act of 2000(TVPA) Recipients must comply with the requirementsof the government-wide federal award term and conditionwhich implementsTracking VictimsProtectionAct of 2000, Pub. L. No. 106-386, § 106 ( codied as amended at 22 U. S. C. §7104). The federal award term and conditionis in 2 C. F. R. § 175.105, the full text of which is incorporatedby reference. Article45
Uniting and StrengtheningAmericaby Providing AppropriateTools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub.
L. 107- 56 Recipientsmust
comply with the requirementsof Pub. L. 107- 56, Section817 of the USAPATRIOTAct, which amends18 U. S. C. §§ 175–175c. Article46 Use of DHS Seal, Logo and Flags Recipientsmust
obtain written permissionfrom DHS prior to using the DHS seals, logos, crests, or reproductionsof ags, or likenessesof DHS agencyocials. This includesuse of DHS component (e. g., FEMA, CISA, etc.) seals, logos, crests, or reproductionsof ags, or likenessesof componentocials. Article47 WhistleblowerProtection Act Recipientsmust comply with
the statutoryrequirementsfor whistleblowerprotections in 10 U.
S. C § 470141U. S. C. § 4712.
Article 48 Environmental Planning and Historic Preservation ( EHP) Review DHS/ FEMA funded activities that could have an impact on the environment are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/ FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders. General guidance for FEMA’ s EHP process is available on the DHS/ FEMA Website. Specic applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant Program Ocerto be put into contactwith EHP sta responsiblefor assistingtheir specic grant program. The FEMAEHP reviewprocess must be completedbefore funds are releasedto carryout the proposedproject, otherwise, DHS/ FEMA may not be ableto fundthe projectdue to noncompliancewith EHP laws, executiveorders, regulations, and policies. DHS/ FEMA may also need to performa projectcloseout review to ensurethe applicantcomplied with all requiredEHP conditionsidentied in theinitialreview. If grounddisturbing activities occur during construction, the applicantwill monitorthe ground disturbance, and if anypotentialarchaeologicalresources are discovered, the applicantwill immediatelycease work in thatarea and notify the pass-through entity, if applicable, and DHS/ FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federalactions in or aectingthe oodplain or wetlands be reviewed for opportunities to relocate, andbe evaluatedfor social, economic, historical, environmental, legal, and safety considerations. FEMA’ s regulationsat 44 C. F. R. Part9 implementthe EOs and requirean eight- stepreview processif a proposedactionis in a oodplainorwetland or has thepotentialto aect or be aectedby a oodplainor wetland. Theregulation alsorequires that the federalagency providepublicnotice of the proposedaction at the earliest possibletimeto provide the opportunityfor public involvementin the decision- making process44 C. F. R. §
9. 8). Wherethere is no opportunityto relocatethe federal action,FEMA is required to undertakea detailed reviewto determinewhat measures canbe taken to minimizefuturedamagesto the oodplainor wetland.Article49 Applicabilityof DHS StandardTerms andConditionsto Tribal NationsThe DHSStandardTerms and Conditionsare a restatementof generalrequirementsimposed uponrecipients and ow down to sub- recipientsas a matterof law, regulation, or executiveorder. If the requirement does notapplyto Tribal Nations, or thereis a federallaw or regulationexemptingits applicationto Tribal Nations, then the acceptanceby Tribal Nations, or acquiescenceto DHS Standard Terms andConditionsdoes not changeor alter its inapplicabilityto a TribalNation. Theexecutionof grant documentsis not intendedto change, alter, amend, or impose additionalliability or responsibilityupon the Tribal Nations where it does not already exist.
Article 50 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notied of the change in writing. Once the notication has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at: ASK- GMD@fema. dhs. gov for any questions.
Article 51 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non- state recipient or subrecipient ( including subrecipients of a State or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C. F. R. section 200. 313( e). State recipients must follow the disposition requirements in accordance with State laws and procedures. 2 C. F. R. section 200. 313( b). Tribal Nations must follow the disposition requirements in accordance with Tribal laws and procedures noted in 2 C. F. R. section 200. 313( b); and if such laws and procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C. F. R. section 200. 313( e).
Article 52 Prior Approval for Modication of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C. F. R. section 200. 308. For purposes of non- construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C. F. R. section 200. 308( i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplied acquisition threshold ( currently 250, 000) and where the cumulative amount of such transfers exceeds or is expected to exceed ten percent ( 10%) of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non- construction work, 2 C. F. R. section 200. 308(( f)( 9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. Any deviations from a FEMA approved budget must be reported in the rst Federal Financial Report ( SF- 425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval.
Article 53 Indirect Cost Rate
2 C. F. R. section 200. 211( b)( 16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for the award is stated in the budget documents or other materials approved by FEMA and included in the award le.
Article 54 Build America, Buy America Act ( BABAA) Required Contract Provision Self- Certication
In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA nancial assistance for programs that are subject to BABAA must include a Buy America preference contract provision as noted in 2 C. F. R. section 184. 4 and a self- certication as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure ( FEMA Interim Policy # 207- 22- 0001). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA.
Article 55 Award Performance Goals
FEMA will measure the recipient’ s performance of the grant by comparing the number of items requested in its application, the numbers acquired ( ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its nal performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.
Article 56 Non- Applicability of Specic Agreement Articles Notwithstanding their inclusion in this award package, the following Agreement Articles do not apply to this grant award:
1. Communication and Cooperation with the Department of Homeland Security and Immigration Ocials.2.
Paragraph (2)( a)( iii) of Anti-Discrimination.
Article 57 Payment Information ( Updated)
Recipients will submit payment requests in FEMA GO for FY25 awards under this program.
Instructions to Grant Recipients Pursuing Payments
FEMA reviews all grant payments and obligations to ensure allowability in accordance with 2 C. F. R. § 200. 305. These measures ensure funds are disbursed appropriately while continuing to support and prioritize communities who rely on FEMA for assistance. Once a recipient submits a payment request in FEMA GO, FEMA will review the request. If FEMA approves a payment, it will process the payment through FEMA GO and the payment will be delivered pursuant to the recipients SAM. gov nancial information. If FEMA disapproves a payment, FEMA will inform the recipient.
Processing and Payment Timeline
FEMA must comply with regulations governing payments to grant recipients.
See 2 C. F. R. § 200. 305. For grant recipients other than States, 2 C. F. R. § 200. 305( b)( 3) stipulates that FEMA is to make payments on a reimbursement basis within 30 days after receipt of the payment request, unless FEMA reasonably believes the request to be improper. For state recipients, 2 C. F. R. § 200. 305( a) instructs that federal grant payments are governed by Treasury- State Cash Management Improvement Act ( CMIA) agreements (" Treasury- State agreement") and default procedures codied at 31 C. F. R. part 205 and Treasury Financial Manual ( TFM) 4A- 2000, " Overall Disbursing Rules for All Federal Agencies." See 2 C. F. R. § 200. 305( a).
Treasury- State agreements generally apply to " major federal assistance programs" that are governed by 31 C. F. R. part 205, subpart A and are identied in the Treasury- State agreement. 31 C. F. R. §§ 205. 2, 205. 6. Where a federal assistance ( grant) program is not governed by subpart A, payment and funds transfers from FEMA to the state are subject to 31 C. F. R. part 205, subpart B. Subpart B requires FEMA to " limit a funds transfer to a state to the minimum amounts needed by the state and must time the disbursement to be in accord with the actual, immediate cash requirements of the state in carrying out a federal assistance program or project. The timing and amount of funds transfers must be as close as is administratively feasible to a state' s actual cash outlay for direct program costs and the proportionate share of any allowable indirect costs." 31 C. F. R. § 205. 33( a). Nearly all FEMA grants are not " major federal assistance programs." As a result, payments to states for those grants are subject to the " default" rules of 31 C. F. R. part 205, subpart B.
If additional information is needed, a request for information will be issued by FEMA to the recipient; recipients are strongly encouraged to respond to any additional FEMA request for information inquiries within three business days. If an adequate response is not received, the request may be denied, and the entity may need to submit a new reimbursement request; this will re- start the 30- day timeline.
Submission Process
All non- disaster grant program reimbursement requests must be reviewed and approved by FEMA prior to drawdowns.
For all non- disaster reimbursement requests ( regardless of system), please ensure submittal of the following information:
1. Grant ID / Award Number
2. Total amount requested for drawdown
3. Purpose of drawdown and timeframe covered ( must be within the award performance period)
4. Subrecipient Funding Details ( if applicable).
Is funding provided directly or indirectly to a subrecipient? If no, include statement " This grant funding is not being directed to a subrecipient."
If yes, provide the following details:
The name, mission statement, and purpose of each subrecipient receiving funds, along with the amount allocated and the specic role or activity being reimbursed.
Whether the subrecipient’ s work or mission involves supporting aliens, regardless of whether FEMA funds support such activities.
Whether the payment request includes an activity involving support to aliens? Whether the subrecipient has any diversity, equity, and inclusion practices.
5. Supporting documentation to demonstrate that expenses are allowable, allocable, reasonable, and necessary under 2 C. F. R. Part 200 and in compliance with the grant’ s NOFO, award terms, and applicable federal regulations.
Article 58 Termination of the Federal Award ( Updated)
1. Paragraph C. XL of the FY 2025 DHS Standard Terms and Conditions, v. 3 sets forth a term and condition entitled “ Termination of a Federal Award.” The termination provision condition listed below applies to the grant award and the term and condition in Paragraph C. XL of the FY 2025 DHS Standard Terms and Conditions, v. 3 does not.
2. Termination of the Federal Award by FEMA
FEMA may terminate the federal award in whole or in part for one of the following reasons identied in 2 C. F. R. § 200. 340:
a. If the recipient or subrecipient fails to comply with the terms and conditions of the federal award.
b. With the consent of the recipient, in which case FEMA and the recipient must agree upon the termination conditions. These conditions include the eectivedate and, in thecaseof partialtermination, the portionto be terminated. c.
If thefederalaward no longereectuatesthe program goalsor agency priorities. Under this provision, FEMAmay terminatethe award for these purposesif any of the followingreasonsapply: i. If
DHS/FEMA, in its solediscretion, determinesthat a specicawardobjective is ineective at achievingprogram goalsas described in this NOFO; ii. If DHS/ FEMA, in its sole discretion, determinesthat an objective of the award as described in thisNOFO willbe ineectiveat achievingprogramgoals or agency priorities; iii.
If DHS/ FEMA,
in its sole discretion, determinesthat the design of the grantprogram is awedrelative to programgoals or agencypriorities; iv. If DHS/ FEMA,
in itssole discretion, determinesthatthe grant program is not alignedto eitherthe DHS StrategicPlan, the FEMA Strategic Plan, or successorpolicies or documents; v. If DHS/FEMA,
in itssole discretion, changesor re- evaluates the goalsor priorities of the grant program anddeterminesthat the awardwill be ineectiveat achievingthe updatedprogram goalsor agencypriorities; or vi. Forother reasons based on programgoals or agency prioritiesdescribed in theterminationnotice provided to the recipient pursuant to 2 C. F. R. § 200.341.vii. If the awardeefalls out of compliancewith the Agency’s statutory or regulatoryauthority, awardterms and conditions, or other applicablelaws. 3. Terminationof a Subaward by the Pass-ThroughEntity
The pass- through entity may terminate a subaward in whole or in part for one of the following reasons identied in 2 C. F. R. § 200. 340:
a. If the subrecipient fails to comply with the terms and conditions of the federal award.
b. With the consent of the subrecipient, in which case the pass- through entity and the subrecipient must agree upon the termination conditions. These conditions include the eectivedate and, in thecase of partialtermination, the portion to be terminated.c.
If thepass-through entity’ s awardhas been terminated, the pass-through recipient will terminateits subawards.4.
Terminationby the Recipientor SubrecipientThe
recipientor subrecipientmay terminatethe federalaward in wholeor in part for the followingreasons identied in 2 C. F. R. § 200. 340: Upon sending FEMA or thepass-throughentity a writtennoticationof thereasonsfor suchtermination, the eectivedate, and, in the caseof partial termination, the portion to be terminated. However, if FEMA orthe pass-throughentity determinesthat the remainingportionof the federalawardwill not accomplishthe purposes for which the federal awardwas made, FEMAor the pass-throughentity may terminatethe federal awardin its entirety.5. Impacts of Termination a. When
FEMAterminatesthe federal awardprior to the endof the periodof performancedue to the recipient’s material failureto comply withthe termsand conditionsof the federalaward, FEMA will report the terminationin SAM. govin the manner describedat 2 C. F.R. § 200.340( c). b. When
the federal awardis terminatedin part or its entirety, FEMAor the pass-through entity and the recipientor subrecipient remainresponsible for compliance with the requirementsin 2 C. F. R. §§ 200.344 and 200. 345. 6. Notication RequirementsFEMA or
the pass-throughentity must provide written notice of the terminationin a mannerconsistentwith 2 C. F. R. § 200.341. The federalawardwill be terminatedon the dateof the noticationunlessstated otherwise in the notication.7.
Opportunities
to Object andAppeals Whereapplicable,
when FEMA terminatesthe federal award, the written noticationof termination will provide the opportunity, and describe the process, to object andprovide informationchallengingthe action, pursuantto 2 C. F.
R. § 200.342. 8. Eects
of Suspensionand Termination
The allowability of costs to the recipient or subrecipient resulting from nancial obligations incurred by the recipient or subrecipient during a suspension or after the termination of a federal award are subject to 2 C. F. R. § 200. 343.
Article 59 Non- Applicability of Specic Agreement Articles Notwithstanding their inclusion in this award package, the following Agreement Article does not apply to this grant award:
Termination of a Federal Award
The intent of this provision is to clarify that Paragraph C. XL ( Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions does not apply to this award. Instead, the Agreement Article titled “ Termination of the Federal Award”, or “ Termination of the Federal Award ( Updated)” applies to this grant award.
Obligating document
1. Agreement
No.
EMW- 2024- FG-
01070
2. Amendment
No.
N/ A
3. Recipient
No.
956000690
4. Type of
Action
AWARD
5. Control No.
WX02143N2025T
6. Recipient Name and
Address
CHULA VISTA, CITY OF
276 FOURTH AVE
CHULA VISTA, CA 91910
7. Issuing FEMA Oce and Address
Grant
ProgramsDirectorate 500
C Street, S. W.Washington
DC, 20528-7000 1-
866-927- 5646 8.
PaymentOce and AddressFEMA,
Financial
Services Branch 500
C
Street, S. W., Room723 Washington
DC,
20742 9. Name
of RecipientProjectOcer
Harry Muns9a.
Phone No.
619- 4095836
10. Name
of
FEMAProject CoordinatorAssistanceto
Fireghters
Grant Program10a.
Phone No.
1- 866-
274-
096011. Eective
Date
of ThisAction 09/ 23/
2025 12.
Methodof Payment
OTHER - FEMA GO
13. Assistance Arrangement
COST
SHARING14.
Performance
Period 09/
30/ 2025
to
09/ 29/ 2027 Budget
Period09/ 30/
2025 to
09/ 29/ 2027 15.
Descriptionof Action
a. ( Indicate fundingdata for awards or nancialchanges)Program NameAbbreviation Assistance
Listing
No.
Accounting
Data
ACCS Code)
Prior
Total
Award
Amount
Awarded
This
Action
or (-)
Current
Total Award
Cumulative
Non-
Federal
Commitment
FG
97. 044
2025-
FF- GB01 -P410-
xxxx- 4101-
D
0. 00 $
331, 963.
63 $331, 963. 63 $ 33, 196. 37 Totals $0. 00 $ 331,
963. 63 $331, 963. 63 $ 33, 196. 37 b. To describechanges otherthanfunding data or nancialchanges, attach scheduleand check here:
N/ A 16. FOR
NON-DISASTER
PROGRAMS: RECIPIENTIS REQUIRED TO SIGN ANDRETURN THREE (3) COPIES OF THIS DOCUMENTTO FEMA (See Block 7 for address)This eldis not
applicablefor digitallysignedgrant agreements
17. RECIPIENT SIGNATORY OFFICIAL ( Name and Title)
Harry Muns
DATE
11/ 21/ 2025
18. FEMA SIGNATORY OFFICIAL ( Name and Title)
Stacey Street, Deputy Assistant Administrator Grant Programs Directorate
DATE
09/ 23/ 2025