Hanford City Council
March 7, 2023

City Council Meeting
Agenda
March 7, 2023
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.

Council Members will meet in-person in the Council
Chambers. The meeting will also be lived streamed on the City’s website: http://livestream.hanford.city/

4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

ROLL CALL BY THE CITY CLERK:

PUBLIC COMMENT:

Study Sessions are considered Special Meetings under the Brown Act. Accordingly, comments from the public are limited to items listed on the agenda (GC 54954.3a). Public Comment will be accepted during each agenda item. A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

STUDY SESSION:

A. Parks and Community Services: Presentation to Council on the status of funding in the Various Landscape Assessment Districts (LAD's); levels of service options for the LAD's; other types of funding mechanisms for subdivision improvements; and the ability and process for residents to request additional amenities or improvements.

B. Community Development: Council review and Discussion of the proposed Community Development Block Grant (CDBG) Activity Funding for the 2023-2024 CDBG Cycle and Provide Direction to Staff to Prepare the Annual Action Plan for HUD CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (GC 54956.9 (d)(2)):
2 Workers Compensation Claims
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC 54956.9)(d)(1)):

Ortiz v. City of Hanford
Kings County Superior Court 21C0396

CALL TO ORDER REGULAR SESSION:

ROLL CALL:

INVOCATION:

FLAG SALUTE:

RECOGNITION:

Oath of Office and Badge Pinning Ceremony for Officer Robert Parker, Officer Wayne Shoemake, and Officer Manuel Pasillas; Presentation of Life Saving Medals to Officer Fabian Avalos and Officer Idalis Rubalcava CLOSED SESSION ACTION REPORT:

COUNCIL REPORTS/GENERAL REPORTS:

Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).

PUBLIC COMMENT:

This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

A. Procedural Waiver: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. City Clerk: Approval of the Minutes of the January 17, 2023 Meeting C. City Clerk: Appointment of Garry Curtis to the vacant Alternate Planning Commissioner seat with an unexpired term ending on 12/31/2025.

D. City Attorney: Approval of a Compromise Agreement and Release with Luis D. Ortiz Alonzo
E. Community Development: Waive and adopt the 2nd Reading of Ordinance 23-02, approving Prezone No. 2021-09, a request to prezone Annexation 160 Part 4 as a combination of R-L-5 Low-Density Residential and MX-C Corridor Mixed Use, in accordance with the General Plan designation for the area, Low-Density Residential and Corridor Mixed Use. The project is generally located east of 10th Avenue, south of Florinda Street, and north of Lacey Boulevard.

F. Public Works: Acceptance of the Offers of Dedication for Tract 922, Unit 1, Authorization for the City Manager to execute and the City Clerk to attest and file the Acceptance of Dedication for Tract No. 922, Unit 1 with the Kings County Recorder’s Office.

G. Public Works: Authorization to Award a contract to Aramark Uniform Services (Fresno, CA) to provide uniform and laundry services, initially up to $21,200 annually per specifications of Request for Bid No. 2023-04 for up to three years.

H. Fire: Authorization to accept a FEMA 2021 Assistance for Firefighters Grant for $45,525 for the purchase of firefighting personal protective equipment (PPE) and appropriate an additional $20,078 to the Fire Department's capital outlay in the General Fund to cover the purchase.

GENERAL BUSINESS:

A. Fire: Presentation to Council for direction regarding the 2022 Staffing for Adequate Fire & Emergency Response Grants (SAFER) program, review of the proposal by the Hanford Fire Department to utilize potentially over $2 million in funding to hire more firefighters and reduce the overtime costs to the City's General Fund COUNCIL COMMENTS AND COMMUNICATIONS::

At this time, any Council Member may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (GOV. CODE SEC. 54954.2)
A. Council Future Agenda Items
B. Upcoming Events and Important Dates:

March 11: Helping Hands Volunteer Program - Encore Park 465 E. Encore Dr. 8:00 am- Noon Sign up here
March 21: Regular City Council Meeting
April 1: Run Walk & Roll 5k for Autism Awareness Civic Park Register here ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting.

If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}

4.A.

AGENDA

STAFF REPORT

MEETING DATE: 3/7/2023 AGENDA SECTION: STUDY SESSION

SUBJECT:

Presentation to Council on the status of funding in the Various Landscape Assessment Districts (LAD's); levels of service options for the LAD's; other types of funding mechanisms for subdivision improvements; and the ability and process for residents to request additional amenities or improvements.

Overview
The purpose of the Landscape Assessment Districts is to provide, in part through annual assessments, funding for ongoing installation, maintenance, operation, and servicing of local landscaping, neighborhood parks, and related appurtenant facilities. The ongoing maintenance of landscaped areas within the various districts provides aesthetic benefits to the properties and a more pleasant environment to walk, drive, live, and/or work.

Currently, the City has 43 individual LADs organized into four quadrants (see attached LAD Map).

As part of the ongoing maintenance and servicing of the landscape improvements associated with each District, the City has established various maintenance frequencies referred to as Service Levels.

In January 2021, the City contracted with Willdan Financial Services to provide Assessment Engineering Services specific to the 43 designated LADs. This includes a benefit assessment analysis, annual Comprehensive Consolidated Engineer's Report preparation, and strategic planning services to insure that the Districts do not rely on advances from the City's General Fund to operate.

Level of Service
The levels of services provide general guidelines for how often the landscape improvement areas are serviced based on overall maintenance needs and/or available assessment funding. For most districts, the various landscape improvements or improvement areas are maintained at the same level of service. Still, in some districts, two or more service levels may be applicable based on the improvements' nature and/or location. At present, the City has established five Service Levels summarized as follows:

Current Reality
• 43 total LADs
• 26 LADs have a Consumer Price Index (CPI) escalator
• 17 LADs do not have a CPI escalator
• 6 LADs are operating a combined deficit of $51,342
• 7 LADs have a fund balance of $4,000 or less (projected deficit soon) • Five of the six deficit LADs do not have a CPI escalator included in their assessment • The Level of Service among the six deficit LADs is: three at Level A, two at Level B, and three at Level E

Three impending Factors to Consider
• The need to go out to bid for contracted landscape maintenance services. This is expected to result in an increase of 10% to 20%
• The rising cost of utilities (currently outpacing the CPI of 4%) • Current and future water conservation measures dictated by the State

Strategies Moving Forward
• Reduce the level of service in 5 LADs with a current level of service of either A or B • Design and implement xeriscape landscaping in LADs with reasonable fund balances to replace turf, demonstrate improved aesthetics, and reduce water consumption. • Ballot the LADs that currently do not have the CPI escalator • Eliminate the need for advances from the City's General Fund (Loans)

FISCAL IMPACT
. Decrease (and eliminate) reliance on General Fund support (by way of temporary loans) for LADs currently in a deficit.

ATTACHMENTS:

1. LAD Map

2. LAD Fund Analysis 2.27.23

City of Hanford
LAD Fund Analysis
#
FUND # CASH IN BANK Service
level ESCALATOR
1 0240 47,667.44$ A No
2 0241 6,048.62$ D No
3 0242 (621.38)$ D No
4 0243 646.04$ B No
5 0244 1,144.97$ E No
6 0245 (4,201.19)$ D No
7 0246 911.74$ D No
8 0247 7,391.56$ A No
9 0248 (3,203.75)$ A Yes
10 0249 (7,755.72)$ D No
11 0250 125.08$ A No
12 0251 (20,871.82)$ B No
13 0252 643.95$ D No
14 0253 (1,049.32)$ D No
15 0254 (10,933.61)$ A No
16 0255 (2,705.26)$ A No
17 0256 18,268.21$ A No
18 0257 18,399.69$ A No
19 0258 4,006.08$ A Yes
20 0259 20,388.32$ A No
21 0260 15,411.03$ A Yes
22 0261 7,796.22$ A Yes
23 0262 34,057.73$ A No
24 0263 53,655.36$ A No
25 0264 40,702.26$ A Yes
26 0265 43,171.30$ B Yes
27 0266 25,624.15$ A No
28 0267 16,222.40$ A No
29 0268 30,353.43$ A No
30 0269 455.27$ B Yes
31 0270 12,901.14$ A No
32 0271 40,672.09$ B Yes
33 0272 85,321.84$ A No
34 0273 67,646.22$ A No
35 0274 238,401.44$ A Yes
36 0275 9,198.34$ B Yes
37 0276 8,685.56$ A Yes
38 0277 31,429.54$ B Yes
39 0278 160,080.40$ A Yes
40 0279 18,035.52$ A Yes
41 0280 9,895.54$ A Yes
42 0281 82,518.33$ A Yes
43 0282 75,531.95$ A Yes

CITY OF HANFORD CITY COUNCIL

STAFF REPORT
MEETING DATE: Tuesday, March 7, 2023
SUBJECT: 2023-2024 Annual Action Plan-
Community Development Block Grant (CDBG)

FROM:Community Development-Housing

STAFF RECOMMENDATION
Consider recommendations for Community Development Block Grant (CDBG) Activity Funding Provide direction to staff to prepare the 2023 Annual Action Plan.

BACKGROUND
The City of Hanford receives funds annually from the U.S. Department of Housing and Urban Development (HUD) as an entitlement city under the Community Development Block Grant (CDBG) Program authorized under Title I of the Housing and Community Development Act of 1974. The CDBG program is the principal Federal program providing localities with grants to devise innovative and constructive neighborhood approaches to improve the physical, economic, and social conditions in their communities through “the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate-income.”
The Entitlement Program is the portion of the CDBG program that provides formula grants to metropolitan cities (with populations of 50,000 or more) and urban counties (with populations of at least 200,000, excluding the population of metropolitan cities located therein). Participating grantees automatically receive, but are not required to obtain, an annual allocation of CDBG funds. The amount of each entitlement grant is determined by the statutory formula, which uses several objective measures of community need, including poverty, population, housing overcrowding, age of housing, and growth lag.

Project Selection and Funding
HUD regulations require all CDBG-funded activities to meet one of the three national objectives:

1. Benefit low- and moderate-income (LMI) persons – This national objective is often called the “primary” national objective because the statute requires that recipients expend 70 percent of their CDBG funds to benefit LMI persons.

2. Aid in the prevention or elimination of slums and blight – This category covers activities that aid in the prevention or elimination of slums or blight in a designated area, on a spot basis, or within an urban renewal area, and is not based on the income of residents. There are restrictions on what specific activities are permitted.

3. Urgent need – Use of the urgent need national objective category is rare. It is designed only for activities that alleviate emergencies when other financial resources are unavailable to meet such needs.

The City of Hanford has been a CDBG entitlement grantee since 2004. Over its 19-year history as a CDBG grantee, Hanford has received around $550,000 annually through the program. The following describes the broad types of eligible activities that may be funded through the CDBG program.

2 Public Services include job training and employment services, health care and substance abuse services, childcare, crime prevention, and Fair Housing counseling. Funding in this category is limited by federal law to a maximum of 15 percent of a grantee’s annual CDBG entitlement grant.

Housing Activities – including homeownership assistance, rehabilitation and preservation, lead- based paint testing and abatement, and activities supporting new housing construction such as acquisition, clearance, demolition, site improvements, and street improvements.

Economic Development includes microenterprise assistance, commercial rehabilitation, and special economic development activities.

Public Facilities and Improvements – activities such as acquisition, installation, construction, and rehabilitation of infrastructure (e.g., water/sewer lines, streets, and sidewalks); acquisition, building, or rehabilitation of neighborhood facilities and facilities for persons with special needs (e.g., homeless shelters, group homes, and halfway houses); etc.

Other – such as actual property activities including acquisition, disposition, clearance, and demolition, rehabilitation of publicly- or privately-owned commercial or industrial buildings; code enforcement; historic preservation; renovation of closed buildings; temporary assistance to arrest severe deterioration or alleviate emergency conditions; completion of urban renewal projects.

Planning and Administration –the general management, oversight, and coordination of the CDBG program and other related activities. Funding in this category is limited by federal law to 20 percent of the City’s total allocation for the year.

Ineligible Activities - The general rule is that any activity not specifically authorized under the CDBG regulations and statute is ineligible to be assisted with CDBG funds. In addition, the regulations stipulate that the following activities may not be assisted with CDBG funds:
•Buildings for the general conduct of government are ineligible. However, the removal of architectural barriers from government buildings is eligible. •General government expenses
•Financing for political activities or engaging in other partisan political activities.

The CDBG regulations and statutes place specific requirements and stipulations on project and activity categories, not others. For example, the regulations and statutes cap the CDBG funds used for public service and program administration activities. Additionally, the category of eligibility may dictate the eligible costs, the national objective under which the activity falls, and the triggered rules.

Often the rules and regulations triggered for many eligible activities make the actual implementation of such activities too onerous or costly. For this reason, the City has attempted to limit the types of projects it funds, typically with CDBG program dollars, to those manageable to accomplish within a program year.

The CDBG Process in Hanford
Consolidated Plan
As a condition of receiving federal funds, the Federal Housing and Urban Development Department (HUD) requires the City to prepare a five-year Consolidated Plan; this is the first step in the CDBG process. The City Council approved the current Consolidated Plan on May 7, 2019, which governs 2019 through 2023 program years.

Annual Action Plan
Each year, after Congress has passed a budget bill and appropriated funds, the City must submit an Action Plan to HUD, referred to as an Action Plan. This may occur anytime between January and May,

3 depending on the timing of congressional budget action. The Action Plan describes the specific planned uses for CDBG in that program year and certain other program requirements. In addition, these projects consider input received from extensive public outreach.

Public Participation
The City of Hanford has identified five priority development areas to meet the greatest needs of residents in the city. Priorities are based on the following:

Responses to the Community Survey conducted during the Consolidated Plan process. •Information gathered in specific focus groups.
•Interviews with various organizations and service providers in the housing and community development field; and
•Data from the 2010 Census, the American Community Surveys, Needs Assessment, and the City’s General Plan.

The city is estimated to receive a CDBG allocation of $521,703. The total funds recommended for 2023- 2024 by eligibility category are as follows:
$78,255 (15% of allocation) for Public Services;
$104,340 (20% of allocation) for Program Administration, including Planning and Fair Housing $138,000 Housing Rehabilitation
$200,000 for other eligible activities and projects
This discussion provides staff direction in the APP preparation process, allowing the Council to review the proposed activities/programs, obtain feedback from the Community and add, delete, or make recommendations. The proposed 2023-2024 Action Plan draft will be available for a minimum thirty-day (30) public comment period before April 10, 2023. Then, the staff will conduct a public hearing and adopt the plan on May 16, 2023.

PUBLIC COMMENTS
Notice of the public hearing before the City of Hanford City Council was published on February 25, 2023, in the Hanford Sentinel. No public comments have been received as of this report’s preparation date.

FISCAL IMPACT
This action is a prerequisite to ensuring the City can receive its $521,703 CDBG entitlement funds.

14.B.

AGENDA

STAFF REPORT

MEETING DATE: 3/7/2023 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the Minutes of the January 17, 2023 Meeting

RECOMMENDATION:

Recommendation: Approve of the Minutes of the January 17, 2023 Meeting BACKGROUND:

FISCAL IMPACT:

ATTACHMENTS:

1. 1.17.2023

CITY COUNCIL MEETING

MINUTES
January 17, 2023 7:00 PM
Council Chambers
400 N. Douty St.
4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

Mayor Paden called to order the study and closes session at 4:00 p.m.

ROLL CALL BY THE CITY CLERK:

Present: Travis Paden, Mark Kairis, Kalish Morrow, Diane Sharp, Lou Martinez.

PUBLIC COMMENT:

Comments from the public are limited to items listed on the agenda (GC 54954.3a). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

Mayor Paden opened the public comment period after each of the study session items were presented.

STUDY SESSION :

A. Update on the Sustainable Groundwater Management Act and Mid- Kings River Groundwater Sustainability Agency
Mid Kings River Groundwater Sustainability Agency Genera l Manager, Dennis Mills provided an update of the Sustainable Groundwater Management Act and the Mid-Kings River Groundwater Sustainability Agency. Mr.

Mills answered questions from the Council. After a lengthy discussion the Mayor opened the public comment period.

Public Comment:

None.

B. Fire: Council Review of Current City Policy and Direction to staff on the Criteria related to the Opening of Cooling and Warming Centers
Fire Chief Penderass discussed the city's current policy for the cooling and warming centers for the council's review and direction. The Council discussed center locations, funding, and partnering with other agencies. Staff also discussed staffing challenges and answered questions from the Council. After a brief discussion the Council directed staff to move forward with staff's recommendations:
• Merge both documents into Policy and Procedure
• Move directions for prevention, mitigation, and illness treatment information to digital media platforms more accessible to the public.
• Identify funding for Parks & Community Services Director to pay staff to open centers. • Coordinate with cooperators and stakeholders to develop a regional activation plan and identify partnerships to reduce cost.

Public Comment:

Bob Ramos asked about size of the new transit center.

C. City Council discussion regarding the length of Public Comment and placement of that item within the Council Agenda
City Manager Cifuentez provided the background of the current public comment time for the Council's review and direction. City Attorney Ty Mizote addressed an error in the staff report. He also discussed public comment periods for regular meetings and special meetings and clarified that study sessions are considered special meetings. Staff answered questions from the Council. Council Member Mart inez spoke in favor of increasing the public comment period time to five minutes. The Council discussed other ways the public can communicate with the Council. The Council also discussed the Council Member Handbook, possible scenarios, and solutions.

Staff addressed the questions and concerns from the Council. It was a Council consensus to keep the public comment time at three minutes and continue accepting public comments after each of the study session staff reports are presented.

Public Comment:

Bob Ramos suggested increasing the time period to four minutes.

Dennis Ham addressed the Council’s comments regarding staff time. He also shared his recommendation.

With no further discussion, the Council convened to closed session at 6:01 p.m.

CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (GC 54956.9 (d)(1)):

Helena v. City of Hanford
Kings County Case No. 17C0102
CALL TO ORDER REGULAR SESSION:

Mayor Paden called the meeting to order at 7:10 p.m.

ROLL CALL:

Attendee Name Title Status Arrived
Travis Paden Mayor Present 3:46 PM
Diane Sharp Council Member Present 3:53 PM
Kalish Morrow Council Member Present 3:44 PM
Lou Martinez Council Member Present 3:44 PM
Mark Kairis Vice Mayor Present 3:30 PM

INVOCATION:

The invocation was led by Sylvia Gaston.

FLAG SALUTE:

The flag salute was led by Mayor Paden.

CLOSED SESSION ACTION REPORT:

None.

COUNCIL GENERAL REPORTS:

Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).

The Council discussed the meetings and events they attended.

PUBLIC COMMENT:

This is the time for citizens to comment on subject matters not on the agenda within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. Comments related to Public Hearing items will be heard at the time the item is discussed.

A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

City Manager Cifuentez discussed a letter the city received from the Hanford Joint Union High School District Board of Trustees, requesting a traffic study in the area s of Hanford West High School and Hanford High S chool and possibly forming a subcommittee to review and discuss traffic issues.

Dennis Ham commented on a traffic signal on Grangeville Blvd. and Douty Street. He also commented on the Council voting on items during the study session.

Bob Ramos commented on the vote of the traffic circle project during the study session.

Les Garret Sr. expressed his concerns regarding the changes in the city. He also commented on the traffic circle project and spoke in opposition of the project.

Noor Memon commented on the Bastille and Court House. He also addressed a letter he sent to Council Member Sharp. He requested the Bastille be added to the agenda for discussion.

Nick Wagner addressed the negative output concerning the traffic circle project . He also suggested a town hall meeting for more community input.

Susan Austin spoke in favor of the traffic circle project and stated they are cheaper than traffic signals.

Elena Antoliaga comment ed the traffic circle project and expressed her concerns regarding traffic flow and the Christmas Parade.

Chris Dean commented on the traffic project and suggested the council reconsider.

Rusty Brookshire commented on the traffic circle project. He also stated Council Member ’s Kairis and Paden told him they were not going to vote in favor of the project.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one moti on. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Item D was pulled by staff and Item E was pulled by Council Member Sharp for separate discussion.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Diane Sharp, Council Member
SECONDER: Kalish Morrow, Council Member
AYES: Paden, Sharp, Morrow, Martinez, Kairis
A. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.

B. City Clerk: Approval of the Minutes of the December 6, 2022 C. Administration: Approval of the renewal and Authorization for the City Manager to execute the annual Professional Services Agreement with Thorn Run Partners for federal legislative advocacy services, effective January 1, 2023 through Dec. 31, 2023, for a monthly fee of $5,000.

D. Publ ic Works: Approval of the Notice of Completion for Tract 911 - Monte Vista, Lo cated on Kimball Street, Northwest of Hanford-Armona Road, and Authorization for the Mayor to Execute and the City Clerk to attest and file said Notice with the Kings County Recorder's office.

E. Public Works: Approve an increase of $50,000 to the Blanket Purchase Order with Central Valley GMC of Fresno CA, for a new total of $100,000, for the purchase of replacement parts for City vehicles and equipment. In addition, approve an additional appropriation of $50,000 to the Fleet Division for this increase.

F. Fire: Approval of an Amended Instructor Service Agreement (ISA) with Fresno City College to provide training services for the Hanford Fire Department ITEMS PULLED:

1. Community Development: Second Reading of Ordinance No. 22- 09, approving, Prezone No. 2021- 09, as amended. Prezone No. 2021- 09 is a request to pre -zone the annexation area as I -H Heavy Industrial, in accordance with the General Plan designation for the area. The General Plan Designation for the area is Heavy Industrial.
[Item D]

Pulled by staff.

Deputy City Manager Jason Waters provided an updated of the annexation. It will be presented to the Council at a future meeting.

RESULT: WITHDRAWN

2. Community Development: Second Reading of Ordinance No. 22- 08, Prezone 2021- 14: A request related to an annexation request in process for a County Island that is within the City of Hanford Sphere of influence. A request to pre -zone/rezone the site from C -S – Service Commercial (County) to MX – C - Corridor Mixed Use (City), consistent with the proposed land use designation and the ALUCP, on 18 parcels totaling approximately 28 acres. The project is located north of East Lacey Boulevard between North 10th Avenue and 9 ¼ Avenue in a County Island and within the City of Hanford Sphere of Influence (APNs 014-201-006, -009, 014-202-005, -006, 014-203-002, -003, -004, -005, -006, 014-204-001, -002, 014-221-017, -018, -019, -020, -021, -022, and 014-221-026).

[Item E]

Pulled by Council Member Sharp to recuse herself from voting.

Motion to approve.

RESULT: APPROVED [4 TO 0]
MOVER: Kalish Morrow, Council Member
SECONDER: Mark Kairis, Vice Mayor
AYES: Paden, Morrow, Martinez, Kairis
ABSTAIN: Sharp
GENERAL BUSINESS:

A. Public Works: Authorization to purchase the street right -of-way located on the south e ast corner of 12th Ave. and Hume Ave., in the amount of $67,100.00 plus escrow fees; Approval to accept the Grant Deed and Authorization for the City Manager to execute and the City Clerk to at test and file said deeds with the Kings County Recorder's Office; Approval of the Purchase and Sale Agreement and Authorization for the City Manager to execute said agreement; and Approve an additional appropriation of $85,700 from Traffic Impact Fees to fully fund the 12th Ave. and Hume Ave. Traffic Signal Project Right-of-Way Phase.

Public Works Director Jim Ross discus sed the item for the Council's review and consideration. Staff answered questions from Mayor Paden.

Motion to approve.

RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Mark Kairis, Vice Mayor
AYES: Paden, Sharp, Morrow, Martinez, Kairis
B. Council: Approval of the Reappointment of Joseph Castaneda to the Parks and Recreation Commission and Orie Rubalcava to the Parki ng and Traffic Commission for their second terms and appoint Gunther Norris, currently the alternate, to the vacant seat on the Planning Commission
City Manager Cifuentez discussed the re-appointment and appointm ent process for the Council review and consideration. The Council discussed adding alternates to all commiss ions. City Manager Cifuentez answered questions from the Council.

Motion to approve as presented and direct staff to bring back a municipal code amendment to create alternate commissioner seats on the Parks & Recreation and Parking & Traffic Commissions.

RESULT: APPROVED [UNANIMOUS]
MOVER: Kalish Morrow, Council Member
SECONDER: Diane Sharp, Council Member
AYES: Paden, Sharp, Morrow, Martinez, Kairis
COUNCIL COMMENTS AND COMMUNICATION:

At this time, any Council Member may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (GOV. CODE SEC. 54954.2)
A. Council Future Agenda Items
The Council directed staff t o bring ba ck a recap o f Winter Wo nderland, b rought f orth by Council M ember Sharp.

Council Member Martinez announced that the agenda packet will be available at the library after it's posted. He also questio ned the statu s of th e traffic circle project. City Manager Cifuentez answered question s fro m the Council and discussed the next step of the traffic circle project. He also discussed the formal direction provided by the Council at the December 20, 2022, Study Session.

ADJOURNMENT:

Mayor Paden adjourned the meeting at 7:59 p.m.

R
espectfully submitted,
Nata
lie Corral
City Clerk

14.C.

AGENDA

STAFF REPORT

MEETING DATE: 3/7/2023 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Appointment of Garry Curtis to the vacant Alternate Planning Commissioner seat with an unexpired term ending on 12/31/2025.

RECOMMENDATION:

Recommendation: That the Mayor, with approval of the full City Council, appoint Garry Curtis to the Planning Commission as the Alternate to fill an unexpired term ending 12/31/2025.

BACKGROUND:

The November 2022 election resulted in the appointment of Travis Paden to the City Council and, thereby, created a vacancy on the Planning Commission. Accordingly, on January 17, 2023, the City Council took action to appoint Gunther Norris to the vacant seat on the Planning Commission and that created a vacancy on his previously held alternate seat.

On February 16, 2023, the Mayor, City Manager and Deputy City Manager interviewed three (3) applicants for the Planning Commission. Mr. Garry Curtis ranked the highest of the three applicants and is therefore, being recommended for appointment by the full council.

Section 2.20.030 of the City of Hanford Municipal Code states that:

"Members of all commissions shall be appointed by the mayor with the approval of a majority of the members of the city council."
At the direction of the Mayor, staff created a formal interview process and a detailed list of questions related to the Commission that the applicants had e
The Mayor, along with various staff, interviewed each Planning Commissioner applicant and ranked their interviews on the basis of a 5-point scale for each question. The panel interviewed four (4) applicants. After interviewing all prospective candidates, the interview panel recommends the top scoring applicant to fill the vacancy.

FISCAL IMPACT:

ATTACHMENTS:

1. Application_Redacted

14.D.

AGENDA

STAFF REPORT

MEETING DATE: 3/7/2023 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of a Compromise Agreement and Release with Luis D. Ortiz Alonzo

RECOMMENDATION:

Recommendation: It is recommended that the City Council approve the Compromise Agreement and Release with Luis D. Ortiz Alonzo and direct staff to take all necessary action to carry out the terms of the settlement.

Recommended Motion: I move to: (i) approve the Compromise Agreement and Release regarding the lawsuit filed against the City by Luis D. Ortiz Alonzo; (ii) authorize and direct the City Manager to execute the Compromise Agreement and Release on the City’s behalf; and (iii) and authorize and direct the City Manager to carry out the terms of Compromise Agreement and Release.

BACKGROUND:

David Ortiz Alonzo filed a complaint against the City of Hanford and PD Officer Ruben Cano following a bite to Mr. Ortiz Alonzo’s left leg by PD K9 Krash on March 19, 2021.

Mr. Ortiz Alonzo was a security guard at the Hanford Chrysler dealership when he witnessed a suspect attempting to break into a vehicle. Mr. Ortiz Alonzo called the police and Officer Cano was dispatched to the scene. Officer Cano engaged in an altercation with the suspect, during which time, he released his K9 partner, Krash. Mr. Ortiz Alonzo had moved toward Officer Cano during the altercation and Krash bit Mr. Ortiz Alonzo on the upper left leg and failed to release the bite despite several commands to do so. The entire incident was captured on body-cam footage. Mr. Alonzo was taken to the hospital immediately where he underwent surgery to repair tissue and ligament damage to his upper thigh area. Since the incident, Mr. Ortiz Alonzo underwent an additional knee surgery to repair additional injuries caused by the incident. He is expected to need additional medical treatment, including physical therapy, to deal with residual leg and knee injuries. If the matter went to trial, it is expected that Mr. Ortiz Alonzo would have also claimed non-physical injuries, including anxiety, depression, and PTSD. Mr. Alonzo alleged Strict Liability (Animal with Known Dangerous Propensity) and Negligence and alleged roughly $1.2 million in damages.

Trial in this matter was set for March 20, 2023.

The parties attended mediation on December 8th, 2022 with Matthew Lane. This Mediation was not successful. Parties then attended a Mandatory Settlement Conference with Judge D’Morias on January 17, 2023, which was also unsuccessful. Following the Settlement Conference, the parties discussed and mutually decided that one last attempt at mediation was warranted. On February 22,

2023, the parties participated in a Mediation with Byron Rabin, a mediator suggested by Plaintiff’s counsel. The parties negotiated a settlement in the amount of $750,000, which is significantly less than the amount that Plaintiff’s counsel was going to present to a jury. The terms of the settlement are set forth in the attached Compromise Agreement and Release. The City’s insurance, PRISM, was closely involved and approved the settlement amount.

Since the City is a party to the matter, the settlement is conditioned on Council approval, although PRISM plays a large role in the settlement decision as PRISM will ultimately fund the settlement amount. Following the City’s payment of the settlement, PRISM will refund the amount to the City as the City is beyond its $100,000 self-insured retention (deductible) in this matter.

Although the damage numbers presented by Mr. Alonzo are contested, the cost of trial along with the possible award that a jury may be inclined to award are potentially much higher than the settlement amount.

FISCAL IMPACT:

The City’s self-insured retention amount is $100,000, and PRISM will pay the portion of the settlement, fees, and costs in this matter that exceed $100,000.

ATTACHMENTS:

1. Compromise Agreement and Release

COMPROMISE AGREEMENT AND RELEASE
Luis David Ortiz Alonzo (“Ortiz”), City of Hanford (“City”) and Ruben Cano (“Cano”), collectively “Parties”, in consideration of the promises made herein, agree as follows:

1. Nature and Effect of Agreement
This Compromise Agreement and Release (“Agreement”) consists of a compromise and settlement by the parties of Ortiz ’ claims against the City and Cano arising from the disputes described in Section 2 herein. By executing this Agreement, each of the parties intends to and does hereby extinguish the obligations, heretofore existing between them and arising from the disputes. This Agreement is not, and shall not be treated as, an admission of liability by any party for any purpose.

2. Nature and Status of Dispute
On March 19, 2021, Cano, who was working as a Hanford Police Officer, responded to a call for service made by Ortiz for an unauthorized person on property Ortiz was patrolling. During Cano’s attempt to arrest the individual, his K9 officer bit Ortiz causing injury to Ortiz’ thigh. Ortiz filed a complaint in Kings County Superior Court case number 21C0396 claiming strict liability and negligence on the part of Cano and the City.

3. Consideration
In exchange for the promises, covenants and agreements by the parties as set forth in this Agreement, the parties agree to the following:
a. The City agrees to pay Ortiz seven hundred and fifty thousand dollars ($750,000.00) within thirty days of full execution of this Agreement. b. Ortiz agrees to dismiss with prejudice Kings County superior Court case number 21C0396 within fourteen (14) days of receipt of the funds described above.

4. Release and Discharge
Ortiz hereby does release and discharge the City and Cano and the City and Cano do hereby release and discharge Ortiz , each of their predecessors, and successors in interest, heirs and assigns from, and relinquish, any and all past, or present claims, demands, obligations, or causes of action for compensatory or punitive damages, costs, losses, expenses and compensation, whether based on tort, contract, or other theories of recovery, that either may have against each other arising from the facts which are the subject of the actions described in Section 2 herein.

5. Unknown Claims
a. The Parties acknowledge and agree that the release that they give to the other Party on executing this Agreement applies to all claims for injuries, damages or losses to their person and property, real or personal (whether those injuries, damages, or losses are known or unknown, foreseen or unforeseen, or patent or latent) that they may have against the other Party , arising out of the facts which are the subject matter of the legal actions described in Section 2 herein and they hereby waive application of Civil Code Section 1542 of those claims, which reads:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Each acknowledges their waiver of the application of Civil Code Section 1542 by signing here:

Dated: _______________ __________________________________ Luis David Ortiz Alonzo
Dated: _______________ __________________________________ Mario Cifuentez, on behalf of City of Hanford
Dated: _______________ __________________________________ Ruben Cano
b. The Parties understand and acknowledge that in consequence of this waiver of Civil Code Section 1542, even if they should eventually suffer additional damages arising out of the claims alleged in the actions described in Section 2 herein, they will not be able, based on the facts, to make any legal claim for those damages.

Furthermore, the Parties acknowledge that they intend these consequences even as to claims for damages that may exist as of the date of this release but that either party does not know exist, and that if known, would materially affect the decision to execute this Agreement, regardless of whether the lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.

6. Advice of Attorney
Each party warrants and represents that in executing this Agreement, they have relied on legal advice of the attorney of their choice; that the terms of this Agreement have been read and its consequences (including risks, complications, and costs) have bee n completely explained to them by that attorney; and that they fully understand the terms of this Agreement. Ortiz further acknowledges and represent s that, in executing this Agreement, they have not relied on any inducements, promises, or representations made by Defendants or any party representing or serving them, other than that what is stated herein.

7. Conditions of Execution
Each party acknowledges and warrants that their execution of this Agreement is free and voluntary and each party further affirms he/she/it will not personally or through a third party, disparage the acts or motives of another party regarding the facts which are the subjects of the actions described in Section 2 herein, nor the acts or motives of another party regarding the settlement of the claims alleged in the actions described in Section 2 herein to any third party, provided that nothing in this section shall preclude or otherwise limit any party from discussing or testifying if required by law.

8. Execution of Other Documents
Each party to this Agreement shall cooperate fully in the execution of any and all other documents and in any additional acts that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

9. Attorneys’ Fees
Each party to this Agreement shall bear all his/her/its attorneys’ fees and costs arising from that party’s own counsel in connection with the actions identified in Section 2 herein, and the matters referred to herein. This section shall be applicable to this entire Agreement, except that in

an action to enforce this agreement reasonable attorney’s fees and costs shall be awarded to the prevailing party.

10. Entire Agreement
This Agreement contains the entire agreement between the parties.

11. Effective Date
This Agreement shall become effective immedi ately on execution by Ortiz, Ruben Cano and City of Hanford.

12. Governing Law
This Agreement is entered into, and shall be construed and interpreted, in accordance with the laws of the State of California.

13. Counterparts and Modification
This Agreement may be executed in counterparts. This Agreement may only be modified in writing, signed by all parties who are affected by the modifications.

Ortiz:

Dated: ______________________

__________________________________
Luis David Ortiz Alonzo
Defendants:

Dated: ______________________

____________________________________
Mario Cifuentez, City Manager for
City of Hanford

Dated: ______________________

____________________________________
Ruben Cano

APPROVED AS TO FORM AND
CONTENT:

Dated: ______________________

__________________________________
Esteban Espinosa-Ulloa
Lalezary Law Firm, LLP.

Attorney for: Ortiz

Dated: ______________________

____________________________________
Christina G. Di Filippo
Griswold, LaSalle, Cobb, Dowd & Gin, LLP
Attorney for: Defendants

14.E.

AGENDA

STAFF REPORT

MEETING DATE: 3/7/2023 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Waive and adopt the 2nd Reading of Ordinance 23-02, approving Prezone No. 2021-09, a request to prezone Annexation 160 Part 4 as a combination of R-L-5 Low-Density Residential and MX-C Corridor Mixed Use, in accordance with the General Plan designation for the area, Low-Density Residential and Corridor Mixed Use. The project is generally located east of 10th Avenue, south of Florinda Street, and north of Lacey Boulevard.

RECOMMENDATION:

Recommendation: Waive and adopt the 2nd reading of Ordinance 23-02, approving Prezone 2021-

09. Recommended Motion: I move to waive and adopt the 2nd reading of Ordinance 23-02, approving Prezone 2021-09.

BACKGROUND:

See staff report.

FISCAL IMPACT:

ATTACHMENTS:

1. Ordinance 23-02 Prezone 2021-09

2. Annexation Island City Council Staff Report

CITY OF HANFORD

CITY COUNCIL
MEETING DATE: March 7, 2023

RECOMMENDATION
Staff recommends the City Council:

1. Waive and adopt the second reading of Ordinance 23-02, approving Prezone No. 2021-09.

RECOMMENDED MOTION

1. I move to waive and adopt the second reading of Ordinance 23-02, approving Prezone No. 2021-09.

BACKGROUND
On February 7, 2023 the City Council held a public hearing for Annexation 160 (Part 4) and Prezone 2021-09. Following public comment and questions from the council, the item was continued to the February 21, 2023 meeting. During the February 21 st meeting, the City Council introduced the ordinance and waived the first reading for the proposed project.

Prezone No. 2021-09
Prezone No. 2021-09 is a request to prezone Island #4, as R-L-5 Low-Density Residential and MX-C Corridor Mixed Use, in accordance with the General Plan land use designation for the island, Low Density Residential and Corridor Mixed Use.

Figure 1:

Proposed Prezoning Low Density Residential, 5,000 sq. ft. min. (R-L-5) and MX-C Corridor Mixed Use
Project Location #4 East Hanford
County island #4 includes 172 parcels located east of 10th Avenue, South of Florinda, North of Lacey Boulevard. The assessor’s parcel numbers (APNs) are:
014-184-003 through -009
014-185-020 through -035
014-185-400
014-186-002 through -030
014-186-035
014-186-037 through -039
014-191-002 through -019
014-192-002 through -006
014-192-008
014-192-012
014-192-013
014-192-015
014-192-016
014-193-001 through -016
014-201-003
014-201-007
014-201-009 through -011
014-202-001
014-202-004 through -006
014-203-002 through -006
014-204-001
014-204-002
014-204-004 through -006
014-204-008
014-205-001 through -005
014-206-004 through -007
014-211-002
014-211-016
014-211-020
014-211-021
014-211-025
014-212-001 through -004
014-212-006
014-212-013 through -022
014-213-001 through -005
014-213-009
014-221-007 through -009
014-221-012
014-221-015
014-221-017 through -019
014-221-021
014-221-022
014-221-026
014-221-033
014-221-036
014-221-037
014-221-040
014-221-0

FINDINGS FOR APPROVAL
All findings were made by the City Council, in accordance with Section 17.86.030 of the Hanford Municipal Code.

Prezone No. 2021-09 is consistent with the land use designations shown on the 2035 General Plan Land Use Map, as amended under General Plan Amendment No. 2021-01 C. This will ensure that zoning after annexation is consistent with the General Plan. The Low-Density Residential land use designation found in Annexation Area #4, is consistent with the R-L-5 zone. The Corridor Mixed Use designation is consistent with the MX-C Corridor Mixed Use zone.

1. That the amendment is internally consistent with the goals, objectives, and policies of the General Plan and the Municipal Code.

Analysis: Prezone No. 2021-09 is internally consistent with the goals, objectives, and policies of the General Plan, specifically consistent with Land Use Policies L15, L16, and L17. There is not a plan for development at this time. Most of the parcels proposed for annexation are already developed at the densities consistent with the proposed prezoning.

2. That the amendment would not be detrimental to the public health, safety, or welfare of the community.

Analysis: There is no evidence that annexation of the county islands into the city limits would negatively affect health, safety, or welfare. On the contrary, the coordination of services between the City and County will be improved by reducing inefficiencies through annexation.

3. That the amendment would maintain the appropriate balance of land uses within the City.

Analysis: The proposed prezoning is consistent with the land use designations established int the General Plan.

4. That the anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

Analysis: Most of the sites are already developed, and those uses appear to be consistent with the proposed prezoning.

CC Ordinance Prrezone 2021-09, Page 1 of 4

ORDINANCE NO. 23-02
PREZONE NO. 2021-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HANFORD PREZONING ANNEXATION 160, PART 4 AS R-L-15 LOW-DENSITY RESIDENTIAL AND MX-C

CORRIDOR MIXED USE, IN ACCORDANCE WITH THE GENERAL PLAN DESIGNATION FOR THE PROJECT SITE, LOW-DENSITY RESIDENTIAL AND CORRIDOR MIXED USE.

THE PROJECT IS GENERALLY LOCATED EAST OF 10TH AVENUE, SOUTH OF FLORINDA DRIVE, NORTH OF LACEY BOULEVARD.

The City Council of the City of Hanford does ordain as follows:

Section 1: The following described territory situated in the C ity of Hanford is hereby prezoned under the terms of Chapter 17.86 of the Hanford Municipal Code:

Annexation 160, Part 1 filed by the City of Hanford
FROM: County zoning of R-1-8 Low-Density Residential, CN Neighborhood Commercial, and CS Service Commercial
TO: City zoning R-L-5 Low-Density Residential and MX-C Corridor Mixed Use On property described as follows:

Approximately 93.2 acres generally located on the east of 10th Avenue, south of Florinda Drive, north of Lacey Boulevard, as described in the legal description in attached Exhibit A, and as depicted in attached Exhibit B; and
Section 2: The Council does hereby find as a fact that this Ordinance has been recommended for passage by the Planning Commission of the City of Hanford after public hearing before the Planning Commission after notice required by Section 17.70.100 of the Hanford Municipal Code and Government Code Section 65854. The City Council that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), per Categorical Exemption Class 19 (Annexation of areas containing existing public or private structures developed to the density allowed by the current prezoning) and because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3) . The City Council hereby finds that the prezoning is required to achieve the objectives of the zoning regulations as set forth in Section 17.06.010 of the Hanford Municipal Code, and that this Ordinance has been introduced by the City Council after public hearing held on the 7
th day of February, 2023 at 7:00 p.m. of said day after notice required under the provisions of Section 65856 of the Government Code.

Section 3: This Ordinance shall take effect thirty (30) days after its passage, and shall be published once in the Hanford Sentinel within fifteen (1 5) days after its passage, and the zoning will apply to such

CC Ordinance Prrezone 2021-09, Page 2 of 4

property in the event of subsequent annexation to the City under the provisions of Section 65859 of the Government Code.

Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on the ____ day of ________, by the following roll call vote:

ATTEST:

Natalie Corral

APPROVED

_________________________
MAYOR of the City of Hanford

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, NATALIE CORRAL , City Clerk of the City of Hanford, do hereby certify the foregoing ordinance was duly introduced at a regular meeting of the City Council of the City of Hanford on the 7th day of February, 2023 and it was duly passed and adopted at a regular meeting of t he City Council of the City of Hanford held on the _______ day of ______________, 2023.

Dated: _____________________ _____________________________ Natalie Corral
City Clerk

CC Ordinance Prrezone 2021-09, Page 3 of 4

Exhibit A
Legal Description

ANNEXATION NO. 160 PART 4

ANNEXATION TO THE CITY OF HANFORD

GEOGRAPHIC DESCRIPTION

A portion of the Southwest Quarter of Section 30, Township 18 South, Range 22 E, MDB&M, in the State of California, County of Kings, described as follows:

Beginning at the Southeast Cor ner of said South west Quarter, also being a point on the existing city limits of the City of Hanford;

Thence along the existing boundary of the City of Hanford, being a description of an existing unincorporated island within said City of Hanford, the following courses:

1. West along the South line of said Southwest Quarter, a distance of 1,133 feet to the Southerly prolongation of the east line, of Parcel 1, as shown on a Parcel Map recorded in Book 5, at Page 42, of Parcel Maps in the Office of the Kings County Recorder;

2. Thence North 0°14’00” East, along last said prolongation and last said East line of Parcel 1, a distance of 245.40 feet to an angle point in last said East line;

3. Thence North 0°29’50” West, along last said east line of Parcel 1, a distance of 66.93 feet to the Northeast Corner of said Parcel 1;

4. Thence South 89°28’28” West, along the North line of said Parcel 1, a distance of 93.20 feet to the Northwest corner thereof;

5. Thence South 0°14’00” West, along the West line of said Parcel 1, a distance of 26.47 feet to the most southerly, Southeast corner, of Parcel 2 of last said Parcel Map;

6. Thence West, along the South line of last said Parcel 2, a distance of 186.47 feet to the Southwest corner thereof;

7. Thence North 8°15’00” West, along the West line of last said Parcel 2, a distance of 109.64 feet to a corner in the westerly boundary of last said Parcel 2;

8. Thence North 88°51’10” West, along the boundary of last said Parcel 2, a distance of 58.26 feet to the most westerly, southwest corner of last said Parcel 2:

9. Thence South, along the Southerly Prolongation of the West line of said Parcel 2, a distance of 8.11 feet to a point on the North line of Parcel B as shown on a Parcel Map recorded in Book 12 at Page 28 of Parcel Maps in the office of the Kings County Recorder, said point being on the westerly line of Wilson Lane as depicted thereon;

10. Thence West along the North line of last said Parcel B and the North line of Parcel A as depicted on last said Parcel Map and the westerly prolongation thereof, a distance of 323.82 feet to the Centerline of Peoples Ditch as shown on said Parcel Map;

11. Thence North 0°55’10” West, a distance of 28 feet , to the Easterly prolongation , of the North line, of lot 6, of Benedict’s Subdivision, as said lot 6 is shown on a map recorded in Book 1, at Page 39, of Licensed Surveyors’ Plats;

12. Thence West along last said prolongation and said North line of lot 6, and the westerly prolongation thereof, a distance of 192 feet to the centerline of Jessie Street as shown on said Benedict’s Subdivision;

13. Thence South 0°55’50” West, along said centerline of Jessie Street, a distance of 75 feet to the Easterly prolongation, of the North line, of the South 75 feet, of lot 20, of last said Subdivision;

14. Thence West, along last said prolongation and North line, a distance of 177.28 feet, to the west line, of said lot 20, also being the East line of Block 2 of Orange Addition as shown on a map recorded in Book 1, at Page 8, of Licensed Surveyors’ plats in the Office of the Kings County Recorder;

15. Thence South, along the East line of last said Block 2, a distance of 54 feet to the Northeast corner of Lot 9 of last said Block;

16. Thence West, along the North line of said lot 9, and its westerly prolongation, a distance of 162 feet, to the centerline of Miller Street as said street is shown on last said map;

17. Thence North, along said Centerline of Miller Street, a distance of 75 feet, to the Easterly prolongation, of the South line, of lot 20 of Block 1 of said Orange Addition;

18. Thence West, along last said prolongation, and said South lines of lots 20, and 43, and the westerly prolongation of said lot 43, a distance of 366 feet, to the West line of said Southwest Quarter;

19. Thence North, along last said West line, a distance of 200 feet, to the Westerly prolongation, of the South line, of Lot 35, as said lot is shown on said map of Orange Addition;

20. Thence East, along last said prolongation, the South line of said lot 35, and its easterly prolongation, a distance of 191 feet , to the Southwest corner of lot 28, of said Orange Addition;

21. Thence North, along the West lines of lots 28, 29, 30 and 31, and the northerly prolongation thereof, a distance of 120 feet, to the North line of the alley on the South side of Block A, of Bestmann’s Addition, as said Bestmann’s Addition, is shown on a map recorded in the Map Book, at Page 94, in the office of the Kings County Recorder;

22. Thence West, along said North line of the alley and its westerly prolongation, a distance of 191 feet to said West line of the Southwest Quarter;

23. Thence North, along last said West line, a distance of 380 feet to the intersection with the Westerly prolongation of the North line of the alley, on the North side of Block B, of said Bestmann’s Addition;

24. Thence East, along last said North line of the alley, a distance of 155 feet;

25. Thence North a distance of 50 feet;

26. Thence West, a distance of 155 feet, to said West line of the Southwest Quarter;

27. Thence North, along said west line of the Southwest Quarter, a distance of 557.78 feet to the westerly prolongat ion of the South line of lot 14, in Block 2 of Homevilla Tract, as shown on a map recorded in Book 3, at page 79 of Licensed Surveyors’ Plats, in the Office of the Kings County Recorder;

28. Thence East, along last said prolongation and the South line of lot 14, a distance of 160 feet to the Southeast corner of said lot 14;

29. Thence North along the east line of said lot 14 and lot 15 and the Northerly projection of lot 15, a distance of 163 feet to the centerline of Myrtle Street as shown on said map of Homevilla Tract;

30. Thence West, along said Centerline, a d istance of 160 feet to said West line, of the Southwest Quarter;

31. Thence North, along last said We st line, a distance of 549.64 feet , to the W esterly prolongation, of the South line of lot 19 of Homevilla Tra ct No. 2, as shown on a map recorded in Volume 4, at Page 85, of Licensed Surveyors’ Plats, in the Office of the Kings County Recorder;

32. Thence South 89°35’00” East, along last said westerly prolongation and the South line of last said lot 19, a distance of 190.00 feet, to the Southeast corner of said lot 19;

33. Thence South, along the West line of lot 20 of last said Tract, a distance of 63.20 feet to the Southwest corner thereof;

34. Thence South 89°49’30” East, along the South line of last said Tract. a distance of 1,189.58 feet to a point on the Centerline of People’s Ditch, which is also 21 feet east of the Southeast corner of lot 37 of said Homevilla Tract No. 2;

35. Thence South 07°00’10” West, along said Centerline of People’s Ditch, also being along the Westerly boundary of an area annexed to the City of Hanford, by Ordinance 500, and depicted on a map recorded in Volume 5, at Page 5, of Licensed Surveyors’ Plats in the Office of the Kings County Recorder, a distance of 501.63 feet;

36. Thence continuing, South 15°02’00” West, a distance of 161.23 feet ; to the Easterly prolongation of the North line of the South 133 feet of lot 12 of Rawlins Tract recorded in the Map Book at Page 6 in the records of the Kings County Recorder;

37. Thence N 89°50’00” West, along last said prolongation, a distance of 77.54 feet to the Southeast corner of a deed recorded in Book 1185, at Page 783 of official Records in the Office of the Kings County Recorder;

38. Thence North, along the Ea st line of last said deed, and its northerly prolongation, a distance of 163 feet to a point 30 feet North of the Northeast corner of last said deed;

39. Thence North 89°50’00” West, a distance of 60 feet;

40. Thence South 00°10’00” We st, a distance of 30 feet, to the Northwest corner of last said deed;

41. Thence South 7°14’ 00” West, along the westerly boundary of said deed, a distance of 133.17 feet to the Southwest corner thereof;

42. Thence South 89°50’00” East, along the south line of said deed, a distance of 28.42 feet to the Northwest corner of a deed recorded in Book 1278, at Page 713 of Official Records in the Office of the Kings County Recorder;

43. Thence South, along the west line of last said deed, and its southerly prolongation, a distance of 158 feet to the centerline of Ivy Street;

44. Thence East, along last said centerline a distance of 81.82 feet to the centerline of People’s ditch, also being the area annexed to the City of Hanford by Ordinance 500 and depicted on a map recorded on Volume 5, at Page 5, of Licensed Surveyors’ Plats;

45. Thence South 12°43’50” West a distance of 185 feet to the Southwest corner of Richmond Heights Subdivision, as shown on a map recorded in Volume 5, at Page 6, in Licensed Surveyors’ Plats;

46. Thence South 89°37’30” East, along the South line of said Richmond Heights, a distance of 1,468.24 feet to the East line of said Southwest Quarter;

47. Thence South 0°01’40” West, along last said East line, a distance of 1,327.68 feet to the Point of Beginning;

Excepting therefrom, the following described Parcel which is currently within the city limits of the City of Hanford:

Beginning at the Southeast corner of said Southwest Quarter; Thence West, along the South line of said Southwest Quarter, a distance of 973.80 feet; Thence North 0°16’11” West a distance of 266.90 feet to the True Point of Beginning;

48. Thence North 0°16’11” West a distance of 100.00 feet;

49. Thence East a distance of 100.00 feet;

50. Thence South 0°16’11” East, a distance of 100.00 feet;

51. Thence West a distance of 100 feet to the True point of Beginning

Also Excepting the following described Parcel which is also currently within the city limits of the City of Hanford:

Beginning at the Northwest corner of the Southwest Quarter of said Southwest Quarter of Section 30;
Thence South 89°37’42” East , along the North line, of last said Southwest Quarter, of the Southwest Quarter, a distance of 264.00 feet;

52. Thence continuing along last said North line, South 89°37’42” East , a distance of 486.08 feet, to the intersection with the Northerly prolongation of the west line of Jessie Street, as said street is shown on said Map of Bestmann’s Addition;

53. Thence South 0°00’08” East, along last said prolongation, a distance of 264.90 feet to its intersection with the north line of the alley on the north side of Block C of said Bestmann’s Addition;

54. Thence North 89°37’42” West, along last said North line of the alley, a distance of 486.07 feet to a point 486.07 feet Easterly of the W est line of said Southwest Quarter of the Southwest Quarter;

55. Thence North 0°00’08” West, along a line parallel with and 264 feet easterly of last said West line, a distance of 268.99 feet to the Point of Beginning.

Containing 93.2 Acres

CC Ordinance Prrezone 2021-09, Page 4 of 4

Exhibit B
Prezone No. 2021-09
General Plan Designation – Low Density Residential and Corridor Mixed Use Proposed Prezoning to Low Density Residential, 5,000 sq. ft. min. (R-L-5) and MX-C Corridor Mixed Use

CITY OF HANFORD CITY COUNCIL

STAFF REPORT
Tuesday, February 7, 2023

PROJECT: Annexation No. 160, Part 4: A proposal to annex approximately 93.2 +/ - acres into the City of Hanford from the Kings County jurisdiction.

Prezone No. 2021-09: A proposal to prezone Annexation 160 Area 4 a combination of R -L-5 Low-Density Residential and MX -C Corridor Mixed Use, in accordance with the General Plan designation for the area – Low- Density Residential and Corridor Mixed Use.

CEQA Determination: The project has been determined to be exempt from the California Environmental Quality Act (CEQA), per Categorical Exemption C lass 19 (Annexation of areas containing existing public or private structures developed to the density allowed by the current prezoning) per CEQA Guidelines Section 15319(a), and because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3). A Notice of Exemption has been prepared for the project in accordance with CEQA

LOCATION: The project is generally located east of 10th Avenue, S outh of Florinda Street, North of Lacey Boulevard.

PLANNER: Gabrielle Myers, Senior Planner

STAFF RECOMMENDATION

Staff recommends that the City Council

1. Adopt the Notice of Exemption, in accordance with CEQA.

2. Introduce and waive the first reading of Ordinance 23-02, approving Prezone No. 2021-09.

3. Adopt Resolution No. 23-02-R, initiating proceedings for Annexation 160 (Part 4) and direct staff to file the appropriate forms with the Kings County Local Agency Formation Commission (LAFCo).

RECOMMENDED MOTION

I move to:

1. Adopt the Notice of Exemption, in accordance with CEQA.

2. Introduce and waive the first reading of Ordinance 23-02, approving Prezone No. 2021-09.

3. Adopt Resolution No. 23-02-R, initiating proceedings for Annexation 160 (Part 4) and direct staff to file the appropriate forms with the Kings County Local Agency Formation Commission (LAFCo).

PROJECT DESCRIPTION

In 2021, the Local Agency Formation Commission (LAFCo) of Kings County approved the annexation of seven separate county islands into the City of Hanford. One fully surrounded county island remains, known as Island #4.

Figure 1: County Islands (all 8)

Annexation No. 160, Part 4

Annexation No. 160, Part 4 is a proposal to annex approximately 93.2 +/- acres into the City of Hanford from the Kings County jurisdiction.

Figure 2: Propose Annexation Area #4

A map of the proposed Annexation 160 area, Part 4 is attached – Attachment 1.

Prezone No. 2021-09

Prezone No. 2021-0 9 is a request to prezone Island #4 , as R-L-5 Low-Density Residential and MX-C Corridor Mixed Use, in accordance with the General Plan land use designation for the island, Low Density Residential and Corridor Mixed Use.

Figure 3: Proposed Prezone Area #4
General Plan Designation – Low Density Residential and Corridor Mixed Use Proposed Prezoning to Low Density Residential, 5,000 sq. ft. min. (R-L-5) and MX-C Corridor Mixed Use

Project Location #4 East Hanford

County island #4 includes 172 parcels located east of 10th Avenue, South of Florinda, North of Lacey Boulevard. The assessor’s parcel numbers (APNs) are:
014-184-003 through -009
014-185-020 through -035
014-185-400
014-186-002 through -030
014-186-035
014-186-037 through -039
014-191-002 through -019
014-192-002 through -006
014-192-008
014-192-012
014-192-013
014-192-015
014-192-016
014-193-001 through -016
014-201-003
014-201-007
014-201-009 through -011
014-202-001
014-202-004 through -006
014-203-002 through -006
014-204-001
014-204-002
014-204-004 through -006
014-204-008
014-205-001 through -005
014-206-004 through -007
014-211-002
014-211-016
014-211-020
014-211-021
014-211-025
014-212-001 through -004
014-212-006
014-212-013 through -022
014-213-001 through -005
014-213-009
014-221-007 through -009
014-221-012
014-221-015
014-221-017 through -019
014-221-021
014-221-022
014-221-026
014-221-033
014-221-036
014-221-037
014-221-040
014-221-0

Existing Land Use #4 East Hanford

The existing land uses are urban residential, rural residential, commercial, and vacant land within the County boundary. All 172 parcels are within City Urban Development and the Sphere of Influence. The City considers this area as Low Density Residential, Medium Density Residential, and Corridor Mixed Use per City of Hanford 2035 General Plan. There are a total of 172 lots with 125 developed residential structures and average parcel sizes are approximately 0.46 acres with a few large 14 acre lots.

BACKGROUND INFORMATION

General Plan Land Use Designations

The General Plan designates Island #4 as Low-Density Residential and Corridor Mixed Use.

The following policies apply to the Low-Density Residential designation.

3.4.1 Low Density Residential

The expected density range for Low Density Residential is 2 to 10 units per gross acre with an expected average of 4 units per gross acre.

Policy L31 Purpose of the Low-Density Residential Land Use Designation

Establish the Low-Density Residential land use designation to provide mainly single-family development on lot sizes typically found in urban settings.

Policy L32 Typical Uses in the Low-Density Residential Land Use Designation

Define the uses allowed in the Low-Density Residential land use designation to include residential uses in a variety of single-family lot types. Duplexes, second dwelling units, and home occupations can also be allowed when made compatible with the residential nature of the neighborhood.

Policy L33 Size of Lots in the Low-Density Residential Land Use Designation

While it is recognized that existing lot sizes of 10,000 to 40,000 square feet are included in this designation, new individual lot sizes shall range from 5,000 to 10,000 square feet in size. Under Planned Unit Development provisions, smaller lot sizes at higher densities may be permitted when clustered around shared open space amenities or through density bonus policies.

The following policies apply to the Corridor Mixed Use designation.

3.6.2 Corridor Mixed Use

Policy L65 Purpose of Corridor Mixed Use Land Use Designation

Establish the Corridor Mixed Use land use designation to promote a mix of commercial, office, and multifamily residential uses along transportation corridors at a scale compatible with adjacent

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residential neighborhood, with the intent of creating a pedestrian -friendly environment that encourages walking between uses.

Policy L66 Typical Uses in Corridor Mixed Use Land Use Designation

Define the uses allowed in the Corridor Mixed Use land use designation to include small - and medium scale commercial providing primarily day -to-day goods and services, office, and multi - family dwellings along with horizontal and vertical mixed-use developments that include these uses. Typical uses include duplexes, townhomes, apartments, markets, small retail shops, eating establishments, offices, service stations, medical and dental offices, convenience stores, dry cleaning and laundry services, beauty salons, and other similar uses. Both vertical and horizontal mixed-use developments are encouraged.

Policy L67 Design of the Corridor Mixed Use Land Use Designation

Require that new development projects and major site reconfigurations in the Corridor Mixed Use land use designation provide site layouts, buildings, landscaping, and walkways that are designed to encourage pedestri an access on the site and between adjacent sites. Strongly encourage buildings to be located near the street corridor with parking to the side of or behind buildings.

Annexation Policies

The General Plan also has policies regarding annexation of land into the city limits. The Planning Commission is charged with reviewing proposed annexations and making a finding that the proposed annexation is consistent with the policies of the General Plan, and then forward that finding to the City Council. The Planning Commission found Annexation 160, Part 4 consistent with the Hanford General Plan Policies L15, L16, and L17 at their meeting on January 10, 2023.

Policy L15 Initiation of Annexations

Consider initiation of annexation of land into the City of Hanford only when the following criteria are met:

1. The land is within the Primary Sphere of Influence.

2. The capacity of the water, sewer, fire, school, and police services are adequate to service the area to be annexed or will be adequate at the time that development occurs.

3. Land for development within the City limits is insufficient to meet the current land use needs.

4. The territory to be annexed is contiguous to existing developed areas.

Policy L16 County Islands

Initiate annexation of County islands when it is found that urban services are needed and can be provided or made available in the near future.

Policy L17 Plan for Services

Prepare and make publicly available a written Plan for Services that describes how urban services will be provided prior to initiating an annexation.

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State Law

To facilitate the annexation of county islands to contiguous cities, the state legislature has adopted specific provisions in the Government Code that require LAFCo annexation approval and waiver of protest proceedings if LAFCo makes certain findings and determinations. Those determinations are found in Government Codes 56375(a)(4) and 56375.3.

Government Code Section 56375
(a)(4) A commission shall not disapprove an annexation to a city, initiated by resolution, of contiguous territory that the commission finds any of the following:
(A) Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary or the Pacific Ocean if the territory to be annexed is substantially developed or developing, is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city and is not within the sphere of influence of another city. (B) Located within an urban service area that has been delineated and adopted by a commission, which is not prime agricultural land, as defined by Section 56064, and is designated for urban growth by the general plan of the annexing city. (C) An annexation or reorganization of unincorporated islands meeting the requirements of Section 56375.3.

Government Code Section 56375.3
(a) In addition to those powers enumerated in Section 56375, a commission shall approve, after noti ce and hearing, the change of organization or reorganization of a city, and waive protest proceedings pursuant to Part 4 (commencing with Section 57000) entirely, if all of the following are true:
(1) The change of organization or reorganization is initiated on or after January 1, 2000.
(2) The change of organization or reorganization is proposed by resolution adopted by the affected city.
(3) The commission finds that the territory contained in the change of organization or reorganization proposal meets all the requirements set forth in subdivision (b). (b) Subdivision (a) applies to territory that meets all the following requirements:
(1) It does not exceed 150 acres in area, and that area constitutes the entire island. (2) The territory constitutes an entire unincorporated island located within the limits of a city or constitutes a reorganization containing several individual unincorporated islands.
(3) It is surrounded in either of the following ways:
(A) Surrounded, or substantially surrounded, by the city to which annexation is proposed or by the city and a county boundary or the Pacific Ocean. (B) Surrounded by the city to which annexation is proposed and adjacent cities. (4) It is substantially developed or developing. The finding required by this paragraph shall be based upon one or more factors, including, but not limited to, any of the following factors:

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(A) The availability of public utility services.
(B) The presence of public improvements.
(C) The presence of physical improvements upon the parcel or parcels within the area.
(5) It is not prime agricultural land, as defined by Section 56064. (6) It will benefit from the change of organization or reorganization or is receiving benefits from the annexing city.
(7) This subdivision does not apply to any unincorporated island within a city that is a gated community where services are currently provided by a community services district.

While the final determination will be made by LAFCo, City staff believes that the proposed island annexation meets all the requirements in these two State codes. This means that, if initiated by the City Council, there is a high likelihood that Kings LAFCo will approve the annexations.

Planning Commission Hearing

The annexation and prezone requests were presented to the Planning Commission on January 10, 2023.

The Planning Commission voted 4,0 on all items to:

1. Recommend adoption of the Notice of Exemption, in accordance with CEQA, to the City Council.

2. Adopt Resolution No. 2023-01, recommending approval of Prezone No. 2021-09 to the City Council.

3. Adopt Resolution No. 2023-02, finding the proposed Annexation No. 160, Part 41 through 8, except part 7, is consistent with the Hanford General Plan Policies L15, L16, and L17 and forward Annexation No. 160, Parts 1 through 8, except part 7, to the City Council, with a recommendation that an application be made to the Local Agency Formation Commission (LAFCO) of Kings County.

Public Comment(s) during the public comment portion included the following:

Favor:

Onan Champi –owner of 10 parcels within the annexation area. He was in favor of the annexation, but he was concerned that the prezone would be more restrictive than Kings County zoning. He was not in favor of that

Kurt Lavenson and Lesly Avedisian - Written comments received and distributed (Attachment 2)

Opposed:

None

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A copy of the minutes from the January 10, 2023 Planning Commission meeting are attached – Attachment 3.

PROJECT EVALUATION

Annexation No. 160, Part 4

The project is a request to annex the county island into the City of Hanford from the Kings County jurisdiction. The premise and guidance for the proposal is given by State law, which finds that county islands should generally be annexed into a city so they may receive more efficient delivery of services, as a city is usually more equipped to provide urban level services than a county or other entity.

Annexation of land into Hanford allows previously undeveloped land to become available for development and allows the City of Hanford to provide the territory that is annexed with its full range of City services. However, in this case, the land within the county i sland is already developed and receives some of the City’s services.

The General Plan also has policies regarding annexation of land into the city limits. The Planning Commission found that Annexation 160, Part 4 is consistent with the Hanford General Plan Policies L15, L16, and L17 at their meeting on January 10, 2023.

Policy L15 Initiation of Annexations

Consider initiation of annexation of land into the City of Hanford only when the following criteria are met:

1. The land is within the Primary Sphere of Influence.

Analysis: The island is within the Primary Sphere of Influence.

2. The capacity of the water, sewer, fire, school, and police services are adequate to service the area to be annexed or will be adequate at the time that development occurs.

Analysis: A Municipal Services Review was conducted for the Sphere of Influence Expansion and 8-Island Annexations – attached as Attachment 4. Table 1 shows which services are currently being provided by the City or the County.

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Table 1
Current Island Annexation Service Providers
Municipal Service
Type
Island Annexation #
1 2 3 4 5 6 7 8
Law Enforcement County County County County County County County County Fire / Emergency Service County County County County County County County County Water Supply Private City City City City City City Private Water Distribution Private City City City City City City Private Wastewater Collection Private City City City City City City Private Wastewater Disposal Private City City City City City City Private Solid Waste Collection* County County County County County County County County Flood Control/Drainage County County County County County County County County Street Maintenance County County County County County County County County Street Lighting County County County County County County County County Parks and Recreation County County County County County County County County Source: 2017 Water System Master Plan, 2017 Sewer System Master Plan, 2017 Storm Drain Master Plan City of Hanford, and 2035 City of Hanford General Plan * Solid waste collection in the County islands is currently optional.

Water

The City currently supplies and distributes water to the county island proposed to be annexed.

Sewer

The City currently provides wastewater collection and disposal service to the county island proposed to be annexed.

Fire and Police

The County is currently responsible for police, emergency, and fire protection of the eight County islands proposed to be annexed. The population of these islands is 1,293.

The Police Department’s current staffing ratio is 1.09 officers per 1,000 residents. The General Plan Background Report suggests a ratio of 1.1 to 1.2 is appropriate for similar cities of the size of Hanford. A nnexation of the County islands will result in an increase in population of 1,293 persons who will need to be served by the City’s Police Department. This would increase the total population to 58,203. The ratio will then be 1.06 officers per 1,000 residents. The Police Department would need to hire 3 new officers to reach a ratio of 1.1 officers per 1,000 residents.

According to the Memorandum of Understanding between the City of Hanford and County of Kings established in 2019, The County Sheriff’s Office will provide police services to the County islands for a two-year period beginning on the date of annexation of the County islands, after which time, the City will be responsible for providing such services in perpetuity.

The City’s current ISO rating is 2 (ISO rating is on a scale of 1 to 10, with 1 being best). Due to the City’s ability to provide such services to its current population, there is no evidence indicating

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that the addition of 1,293 residents would be too great for the City to adequately serve. According to the Memorandum of Understanding, signed between the City of Hanford and the County of Kings in 2019, the mutual aid agreement between the fire services executed by the City and the County will not be amended. The City continues to be able to use the County’s fire services in times of need, therefore the overall fire service capacity will not be affected.

School

There would be no change to school districts because of the island annexation. Since no new development is proposed, the annexation will not affect school enrollment.

Utilities/Public Services

Natural gas, electricity, and communications public services would not change because of annexation of the county islands.

3. Land for development within the City limits is insufficient to meet the current land use needs.

Analysis: The proposed annexation of the county island is not to accommodate any specific proposed development project. Instead, the purpose of the proposed annexation is to further good local government and make available the full range of City services to both developed and undeveloped county island areas. Therefore, this requirement is not relevant to the proposal.

4. The territory to be annexed is contiguous to existing developed areas.

Analysis: The islands is completely surrounded by developed areas within the city limits of Hanford.

Policy L16 County Islands

Initiate annexation of County islands when it is found that urban services are needed and can be provided or made available in the near future.

Analysis: As shown in Table 1, urban service provision is shared between the City and County.

The City has the capacity to provide all of the services currently being provided by the County.

Because of their proximity inside the city limits, the provision of service within the county islands can be more efficiently provided by the City.

Policy L17 Plan for Services

Prepare and make publicly available a written Plan for Services that describes how urban services will be provided prior to initiating an annexation.

Analysis: The Plan for Services was described in the letter to property owners dated June 28, 2021 – attached as Attachment 5. Note: the pre-zoning has since been changed from a combination of R -L-5 Low -Density Residential, M X-C Corridor Mixed Use and R -M Medium- Density Residential to only R -L-5 Low -Density Residential and MX -C Corridor Mixed Use, in accordance with General Plan Amendment 2021-01. The letter describes the City’s intention to provide services to the eight county islands, when the property has the choice to add City services, and when additional City services will be required.

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Prezone No. 2021-09

Prezone No. 2021-0 9 is consistent with the land use designations shown on the 2035 General Plan Land Use Map, as amended under General Plan Amendment No. 2021-01 C. This will ensure that zoning after annexation is consistent with the General Plan. The Low-Density Residential land use designation found in Annexation Area #4 , is consistent with the R-L-5 zone. The Corridor Mixed Use designation is consistent with the MX-C Corridor Mixed Use zone.

In accordance with the Hanford Municipal Code Section 17.86.030, before a zone change may be approved, all of the following findings shall be made by the reviewing authority:

1. That the amendment is internally consistent with the goals, objectives, and policies of the General Plan and the Municipal Code.

Analysis: Prezone No. 2021-09 is internally consistent with the goals, objectives, and policies of the General Plan, specifically consistent with Land Use Policies L15, L16, and L17. There is not a plan for development at this time. Most of the parcels proposed for annexation are already developed at the densities consistent with the proposed prezoning.

2. That the amendment would not be detrimental to the public health, safety, or welfare of the community.

ANALYSIS: There is no evidence that annexation of the county islands into the city limits would negatively affect health, safety, or welfare. On the contrary, the coordination of services between the City and County will be improved by reducing inefficiencies through annexation.

3. That the amendment would maintain the appropriate balance of land uses within the City.

Analysis: The proposed prezoning is consistent with the land use designations established int the General Plan.

4. That the anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

Analysis: Most of the sites are already developed, and those uses appear to be consistent with the proposed prezoning.

Favorable Factors for Annexation

Favorable and unfavorable factors for annexation have been adopted by LAFCO. The existence of favorable or unfavorable factors should not decide approval or denial; however, a substantial number of favorable or unfavorable factors may determine approval or denial of the proposal.

1. The proposed area is close to urban development and municipal -type services and would enhance its potential for full development.

Analysis: The island is fully developed and completely surrounded by urban development. City services are available to the island area.

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2. The proposed annexation conforms to the adopted General Plan.

Analysis: As discussed above, there is evidence to support a finding that annexation of the county island is consistent with Policies L15, L16, and L17 of the General Plan. The island area will be prezoned so that zoning after annexation is consistent with the 2035 General Plan Land Use Designation Map, as amended under General Plan Amendment No. 2021-01 C.

3. The proposed area is consistent with the sphere of influence.

Analysis: On April 20, 2021, the City of Hanford City Council initiated a Sphere of Influence Expansion. The island is within the existing Sphere of Influence and the proposed new Sphere of Influence.

4. The proposed annexation comes with 100% consent of all landowners.

Analysis: The county island annexations do not come with 100% consent of the landowners.

However, as previously stated, State law encourages the annexation of county islands, and waives the protest hearings at LAFCo that determine landowner consent for island annexations like those being proposed here. The City staff held an open-forum community meeting on August 4, 2021, at the Civic Auditorium to address any questions posed by landowners.

FINDINGS FOR APPROVAL

Based on the information and analysis above, City staff recommends that the following findings be made:

1. All county island is within the Primary Sphere of Influence.

2. Most of the annexation area already receives some services from the City of Hanford.

3. Inclusion of the island in the city limits will not negatively affect the Police or Fire Department’s ability to provide their services to the community. There is a memorandum of understanding between the City of Hanford and the County of Kings that allows for a two- year transition from County Sheriff to City Police service in the annexation areas.

4. There would be no change to school districts because of the island annexation.

5. The proposed annexation of the county island is not to accommodate any specific proposed development project. The purpose of the proposed annexation is to further good local government and make available the full range of City services to both developed and undeveloped county island areas.

6. The island is completely surrounded by developed areas within the city limits of Hanford.

7. Because of the proximity inside the city limits, the provision of service within the county island can be more efficiently provided by the City.

8. The prezoning is internally consistent with the goals, objectives, and policies of the General Plan and the Municipal Code.

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9. The prezoning would not be detrimental to the public health, safety, or welfare of the community.

10. The prezoning would maintain the appropriate balance of land uses within the City.

Annexation would not change most land uses since the parcels are already developed.

11. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

12. The county island is developed and completely surrounded by urban development. City services are available to the island area.

13. State law encourages the annexation of county islands to further the goal of effective and efficient provision of local government services.

14. Based on the above findings, Annexation No. 160, Par t 4 is consistent with the Hanford General Plan Policies L15, L16, and L17.

ENVIRONMENTAL ASSESSMENT

In accordance with CEQA Guidelines, Annexation No. 160, Part 4 and Prezone No. 2021-09 were determined to be exempt from the California Environmental Quality Act (CEQA), per Categorical Exemption Class 19 (Annexation of areas containing existing public or private structures developed to the density allowed by the current prezoning) per CEQA Guidelines Section 15319(a), and because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3). A Notice of Exemption has been prepared for the project in accordance with CEQA – Attachment 6.

Noticing of the project was published in the newspaper on January 27, 2023. Notices were mailed to property owners within the annexation territory and to property owners within 3 00 feet of the annexation territory on January 26, 2023.

Comments were not received as of the date of preparation of this report.

STAFF RECOMMENDATION

Staff recommends that the City Council

1. Adopt the Notice of Exemption, in accordance with CEQA.

2. Introduce and waive the first reading of Ordinance 23-02, approving Prezone No. 2021-09.

3. Adopt Resolution No. 23-02-R, initiating proceedings for Annexation 160 (Part 4) and direct staff to file the appropriate forms with the Kings County Local Agency Formation Commission (LAFCo).

14.F.

AGENDA

STAFF REPORT

MEETING DATE: 3/7/2023 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Acceptance of the Offers of Dedication for Tract 922, Unit 1, Authorization for the City Manager to execute and the City Clerk to attest and file the Acceptance of Dedication for Tract No. 922, Unit 1 with the Kings County Recorder’s Office.

RECOMMENDATION:

Recommendation: That the City Council, by motion, approve the acceptance of the Dedication and authorize the City Manager to execute and the City Clerk to attest and file an Acceptance of Dedication for Tract No. 922, Unit 1 with the Kings County Recorder’s Office.

BACKGROUND:

On June 26, 2019, the Council approved a subdivision agreement and final map for Tract No. 922, Unit 1, a 94-lot residential subdivision located as shown on the attached map. At that time, the City Clerk Statement on the map did not "accept the offer of dedication", and therefore, the ownership of the parcels is not listed correctly as the City of Hanford with Kings County Assessor's Office.

Accepting and recording the offer of dedication will correct the ownership of the parcels with Kings County Assessor's Office
FISCAL IMPACT:

All required public improvements have been constructed by the developer and the final map has recorded. No fiscal impact to the budget will result from approval of the Acceptance of Dedication.

ATTACHMENTS:

1. Tract 922 Unit I - Final Map Recorded

2. Accept Offer - Recording Document

RECORDING REQUESTED BY:

CITY OF HANFORD

WHEN RECORDED MAIL TO:

CITY OF HANFORD
319 N. Douty Street
Hanford, CA93230

SPACE ABOVE THIS LINE FOR RECORDER'S USE

MAIL TAX STATEMENTS TO:

CITY OF HANFORD
319 N. Douty
Hanford, CA93230
DOCUMENTARY TRANSFER TAX $..-0-.................
..... Computed on the consideration or value of property conveyed; OR ..... Computed on the consideration or value less liens or encumbrances remaining at the time of sale.
______________________________________________________________________________________

ACCEPTANCE OF OFFER OF DEDICATION

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

County Tract No. 922, Unit 1, recorded in Volume 26 of Licensed Surveyor’s Plats, at Page 47, of Kings County Records

hereby made an irrevocable Offer of Dedication to the City of Hanford, a municipal corporation

FOR STREET AND UTILITY PURPOSES over, under, through and across all that real property in the City of Hanford, County of Kings, State of California, described as:

See Exhibit “A” attached.

A.P.N.009-030-163
A.P.N.009-030-164
A.P.N.009-450-092

Of which Offer of Dedication is hereby accepted by the City of Hanford, a municipal corporation..

See Exhibit “B” attached

EXHIBIT “A”

LEGAL DESCRIPTION

APN 009-030-163
Lot A, for Park purposes, as shown on County Tract No. 922, Unit 1, recorded in Volume 26 of Licensed Surveyor’s Plats, at Page 47, of Kings County Records.

APN 009-030-164
Lot B, for Storm Drainage purposes, as shown on County Tract No. 922, Unit 1, recorded in Volume 26 of Licensed Surveyor’s Plats, at Page 47, of Kings County Records.

APN 009-450-092
Lot C, for Park purposes, as shown on County Tract No. 922, Unit 1, recorded in Volume 26 of Licensed Surveyor’s Plats, at Page 47, of Kings County Records.

ACCEPTANCE OF OFFER OF DEDICATION

This is to certify that an interest in a portion of the Real Property offered for dedication per Tract 922, Unit No. 1, recorded in Volume 26 of Licensed Surveyor ’s Plats, at Page 47 of Kings County Records, which offer of dedication was not accepted in whole or in part at the time of Parcel Map approval, was accepted by order of the City Council for the City of Hanford, and the City of Hanford, as Grantee, hereby accepts the said offers of dedication described on Exhibit “A” attached hereto, and consents to recordation of this Acceptance of Dedication Offer by its duly authorized officer.

DATED: _____________________, 2023 CITY OF HANFORD
A Municipal Corporation

By: _____________________________
Mario Cifuentez
City Manager

ATTEST: ___________________________
Natalie Corral
City Clerk

14.G.

AGENDA

STAFF REPORT

MEETING DATE: 3/7/2023 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Authorization to Award a contract to Aramark Uniform Services (Fresno, CA) to provide uniform and laundry services, initially up to $21,200 annually per specifications of Request for Bid No. 2023-04 for up to three years.

RECOMMENDATION:

Recommendation: That the City Council, by motion, award a contract to Aramark Uniform Services, a division of a Aramark Uniform & Career Apparel, LLC, to provide uniform and laundry services to the Public Works Department for $21,300 annually ($408.98 per week), per specifications of Request for Bid No. 2023-04.

BACKGROUND: Since 2005, Aramark Uniform Services, has been supplying the Public Works Department & Wastewater Treatment Plant with floor mats, towels, mops, hand soap, and air fresheners. This is being brought to Council as the amount of the contract will exceed $50,000 over three years.

On February 3, 2023, a request for bids to provide uniform and laundry services for the Public Works Department was entered in BidNet, the City's online procurement system.

On February 15, 2023, the bids were submitted Table 1 – Bid Summary.

Bidders Name Uniforms & Laundry
Service Weekly Cost
Aramark Uniform Services $408.98
Unifirst Uniform Company $489.55
Prudential Overrall Supply $998.81

The low bidder was Aramark Uniform Services of Fresno, California. Aramark is the current uniform services provider for the City, and their products meet standards and are of good quality. The bid price of $408.98 is slightly less than the current weekly cost of $442 for the same services. In addition, other City departments can piggyback off the contract and pricing as their current contracts expire.

The contractual agreement is for a one-year period, but can be extended by the City annually for a total period not to exceed three (3) years providing satisfactory performance is provided. A Consumer Price Index (CPI) adjustment may be requested by the vendor within 30 days of the annual renewal/extension date of the contract, using the most recent CPI for All Urban Consumers.

The City will consider each request when it is received.

FISCAL IMPACT:

Funds for the proposed uniform and laundry services are budgeted between the various divisions utilizing the contracted services. This is anticipated to reduce expenses for the City as the bid was below the current contract pricing the City receives.

ATTACHMENTS:

1. ARAMARK BID 2023-04

15.A.

AGENDA

STAFF REPORT

MEETING DATE: 3/7/2023 AGENDA SECTION: GENERAL BUSINESS

SUBJECT:

Presentation to Council for direction regarding the 2022 Staffing for Adequate Fire & Emergency Response Grants (SAFER) program, review of the proposal by the Hanford Fire Department to utilize potentially over $2 million in funding to hire more firefighters and reduce the overtime costs to the City's General Fund

RECOMMENDATION:

Recommendation: That the City Council receive the presentation from the Fire Department; provide appropriate direction to staff; and authorize the City Manager to execute an application and agreement (if awarded) for potentially over $2 million in funding from the Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) for the hiring of six (6) firefighters. In addition, appropriate up to $51,000 in the General Fund ($8,500 per position) for recruitment and personal safety equipment for the Fire Department contingent upon grant award.

BACKGROUND:

The Fire Department is requesting permission to apply for the 2022 FEMA Staffing for Adequate Fire and Emergency Response (SAFER) grant program to fund an additional 6 firefighter positions for the Hanford Fire Department. If awarded, the funding would be used to hire an additional 6 firefighters to assist with coverage, but would NOT officially increase the staffing levels of the fire shifts. These positions would only be allocated for the life of the grant funding and would be used to cover overtime and backfill vacancies during the life of the grant.

Even with the Automatic and Mutual Aid Agreements, the department struggles to provide the recommended minimum staffing, under the National Fire Protection Association (NFPA), of 14-15 firefighters on the scene of a residential structure fire within recommended time standards. During periods of complete staffing, the Fire Department currently has 10 personnel available, and can achieve the recommended minimum by adding an additional 6, for a total of 16, through the existing Aid Agreement with Kings County Fire Department.

Since the Council-approved reorganization in 2020, the department has continued to improve coverage, but those improvements have come with an increased cost in overtime. If awarded, the 6 firefighters would be placed at stations 1 and 2, on each shift. Our current minimum staffing for the department is 10 personnel; 1 Battalion Chief, 3 Captains, 3 Engineers, and 3 Firefighters. With this grant, minimum staffing would remain the same.

Those firefighters would reduce overtime costs to nearly zero for routine station staffing, at no

(salary or benefit) costs to the City for the 3-year life of the grant.

The SAFER grant pays exact expenses for the first 3 years of the firefighter's employment, including salaries and benefits. The first year of the grant is estimated to pay approximately $696,000; the second year would cover approximately $716,000; and the third year approximately $736,000 (see chart below). These numbers may adjust based on salary increases and possible employee separations. The grant does not cover the cost of the Personal Protection Equipment (PPE) or recruiting costs, which would total approximately $8,500 per firefighter.

Not counting sick leave, the average firefighter takes 8 days of vacation per year. We estimate 240 days of annual vacation need to be filled throughout the department, or 80 days per shift. For FY22, the fire department paid over $600,000 in overtime, which did include vacancies and industrial leave. This fiscal year the department is estimated to exceed $1 million in overtime. The fire department is at constant staffing, meaning that 1 vacancy equals 1 overtime. Personnel at all ranks can work in any vacancy, except Battalion Chief. With the awarding of this grant, daily staffing would rise to 12, but minimal staffing will remain at 10 personnel. This means that it would take 3 vacancies to create 1 overtime, nearly eliminating the overtime costs in the department. Fire personnel are capable of working up to the next rank, allowing these firefighters to fill in vacancies without training concerns. For example: if a captain were to take a day off, the engineer can work up into the captain position and the firefighter can move up to the engineer position.

At the completion of the grant cycle, the department would return to the current staff levels. If, at that time, Council wished to maintain the 6 additional firefighter positions, the City would incur a cost of approximately $780,000 per year, which the City cannot currently afford to fund within the General Fund. Additional funding would need to be identified for the Fire Department at that time. Over the course of the next 3 years, it is recommended that the positions be dissolved through natural attrition. It can be anticipated that there will be 4-6 vacancies over that timeline.

Acceptance of this grant (if awarded) does not obligate the City to retain the additional 6 firefighters in perpetuity. This grant would allow the City time to see if this will help with the burden on existing staff and potentially lead to budgetary savings with reduced OT, while maintaining adequate staffing covered by this federal grant funding.

FISCAL IMPACT:

Approximately $51,000 in up front expenses, at $8,500 per firefighter for safety gear and recruitment. This would need to be appropriated within the Fire Department budget in the General Fund contingent upon grant award. Staff anticipates that the Department's overtime expenditures will be substantially reduced due to having less vacancies that could lead to over $100,000 (minimum) reduction in overtime that otherwise would be incurred.

ATTACHMENTS:

1. fema_afg-safer-2022-nofo (1)

1 FY 2022 SAFER NOFO Back to the Top
The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year 2022 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program

Effective April 4, 2022, the Federal Government transitioned from using the Data Universal Numbering System or DUNS number, to a new, non-proprietary identifier known as a Unique Entity Identifier or UEI. For entities that have an active registration in the System for Award Management (SAM) prior to this d ate, the UEI has automatically been assigned and no action is necessary. For all entities filing a new registration in SAM.gov after April 4, 2022, the UEI will be assigned to that entity as part of the SAM.gov registration process.

UEI
registration information is available on GSA.gov at: Unique Entity Identifier Update | GSA.

Grants.gov registration information can be found at:
https://www.grants.gov/web/grants/register.html. Detailed information regarding UEI and SAM is also provided in Section D of this NOFO.

A.

Program Description ................................................................................................................ 3

1. Issued By ................................................................................................................................. 3

2. Assistance Listings Number ............................................................................................ 3

3. Assistance Listings Title .................................................................................................. 3

4. Funding Opportunity Title ............................................................................................... 3

5. Funding Opportunity Number.......................................................................................... 3

6. Authorizing Authority for Program ................................................................................. 3

7. Appropriation Authority for Program .............................................................................. 3

8. Announcement Type ........................................................................................................ 3

9. Program Category ............................................................................................................ 3

10. Program Overview, Objectives, and Priorities ................................................................ 3

11. Performance Measures ..................................................................................................... 4 B. Federal Award Information ..................................................................................................... 5

1. Available Funding for the NOFO: $360,000,000 ........................................................... 5

2. Projected Number of Awards: 300 ................................................................................ 5

3. Period of Performance: 12–48 months ........................................................................ 5

4. Projected Period of Performance Start Date(s): 06/02/2023 (will vary based on award date and activity type) ...................................................................................................... 5

5. Projected Period of Performance End Date(s): 05/31/2024, 05/31/2025, 05/31/2026 or 05/31/2027 (will vary based on award date and activity type) ........................................ 5

6. Funding Instrument Type: Grant ................................................................................. 5 C. Eligibility Information ............................................................................................................. 5

1. Eligible Applicants........................................................................................................... 5

2. Applicant Eligibility Criteria ........................................................................................... 6

3. Other Eligibility Criteria .................................................................................................. 7

2 FY 2022 SAFER NOFO Back to the Top

4. Maintenance of Effort (MOE) ......................................................................................... 7

5. Cost Share or Match......................................................................................................... 7

6. Economic Hardship Waivers ........................................................................................... 7 D. Application and Submission Information ................................................................................ 7

1. Key Dates and Times ....................................................................................................... 7

2. Agreeing to Terms and Conditions of the Award ............................................................ 9

3. Address to Request Application Package ........................................................................ 9

4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application ........................................................... 9

5. Electronic Delivery ........................................................................................................ 10

6. How to Register to Apply .............................................................................................. 10

7. Submitting the Final Application ................................................................................... 12

8. Timely Receipt Requirements and Proof of Timely Submission .................................. 13

9. Content and Form of Application Submission ............................................................... 13

10. Funding Restrictions and Allowable Costs .................................................................... 14 E. Application Review Information ........................................................................................... 17

1. Application Evaluation Criteria ..................................................................................... 17

2. Review and Selection Process. ...................................................................................... 19

3. Narrative Evaluation Criteria ........................................................................................... 20 F. Federal Award Administration Information .......................................................................... 24

1. Notice of Award ............................................................................................................. 24

2. Administrative and National Policy Requirements ........................................................ 24

3. Reporting........................................................................................................................ 28

4. Monitoring and Oversight .............................................................................................. 32 G. DHS Awarding Agency Contact Information ....................................................................... 33

1. Contact and Resource Information ................................................................................ 33

2. Systems Information ...................................................................................................... 34 H. Additional Information .......................................................................................................... 34

1. FEMA Financial Assistance Programs for Infrastructure .............................................. 34

2. Termination Provisions .................................................................................................. 36

3. Program Evaluation .......................................................................................................... 37

4. Period of Performance Extensions ................................................................................. 37

5. Disability Integration ..................................................................................................... 38

6. Conflicts of Interest in the Administration of Federal Awards or Subawards ............... 39

7. Procurement Integrity .................................................................................................... 40

8. Record Retention ........................................................................................................... 44

9. Actions to Address Noncompliance ............................................................................... 46

10. Audits ............................................................................................................................. 47

11. Payment Information ..................................................................................................... 48

12. Whole Community Preparedness ................................................................................... 48

13. Appendix A – FY 2022 SAFER Program Updates ....................................................... 50

14. Appendix B – Programmatic Information and Priorities ............................................... 51

15. Appendix C – Award Administration Information ........................................................ 74

3 FY 2022 SAFER NOFO Back to the Top
A. Program Description

1. Issued By
U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate (GPD)

2. Assistance Listings Number

97.083

3. Assistance Listings Title
Staffing for Adequate Fire and Emergency Response (SAFER) Grant

4. Funding Opportunity Title
Fiscal Year 2022 Staffing for Adequate Fire and Emergency Response (SAFER) Grant

5. Funding Opportunity Number
DHS-22-GPD-083-00-99

6. Authorizing Authority for Program
Section 34 of the Federal Fire Prevention and Control Act of 1974, Pub. L. No. 93-498, as amended (15 U.S.C § 2229a)

7. Appropriation Authority for Program
Department of Homeland Security Appropriations Act, 2022 (Pub. L. No. 117-103)

8. Announcement Type
Initial

9. Program Category
Preparedness: Fire and Life Safety

10. Program Overview, Objectives, and Priorities
a. Overview
The Fiscal Year (FY) 2022 Staffing for Fire and Emergency Response (SAFER) Grant Program (hereafter referred to as the SAFER Program) is one of three grant programs that constitute the Department of Homeland Security (DHS), Federal Emergency Management Agency’s (FEMA) focus on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards. The SAFER Program provides funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate fire protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. Since 2005, the SAFER Program has awarded approximately $5.2 billion in grant funding to provide critically needed resources to hire new, additional firefighters (or to change the status of part-time or paid-on-call firefighters to full-time firefighters), to rehire laid off firefighters, or to retain firefighters facing layoff, as

4 FY 2022 SAFER NOFO Back to the Top
well as recruitment and retention of volunteer firefighters. Information about success stories for this program can be found at Assistance to Firefighters Grants Program | FEMA.gov.

The SAFER Program is part of a comprehensive set of measures authorized by Congress and implemented by DHS. Among the five basic homeland security missions noted in the DHS Strategic Plan for Fiscal Years 2020-2024, t he SAFER Program supports the goal to Strengthen National Preparedness and Resilience. In awarding grants, the FEMA Administrator is required to consider:
• T
he findings and recommendations of the Technical Evaluation Panel; • The degree to which an award will reduce deaths, injuries, and property damage by reducing the risks associated with fire-related and other hazards; • The extent of an applicant’s need for a SAFER Program grant and the need to protect the United States as a whole; and,
• The number of calls requesting or requiring a firefighting or emergency medical response received by an applicant.

The 2022–2026 FEMA Strategic Plan creates a shared vision for the field of emergency management and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. The SAFER Program directly supports Goal 3 to Promote and Sustain a Ready FEMA and Prepared Nation. We invite all our stakeholders and partners to join us in building a more prepared and resilient nation.

b. O
bjectives
The objectives of the SAFER Program are to assist local fire departments with staffing and deployment capabilities to respond to emergencies and ensure that communities have adequate protection from fire and fire-related hazards. Local fire departments accomplish this by improving staffing and deployment capabilities, so they may more effectively and safely respond to emergencies. With enhanced staffing levels, recipients should experience a reduction in response times and an increase in the number of trained personnel assembled at the incident scene.

c. Priorities
Information on program priorities and objectives for the FY 2022 SAFER Program can be found in Appendix B – Programmatic Information and Priorities of this NOFO.

11. Performance Measures
The grant recipient is required to collect data to allow FEMA to measure performance of the awarded grant in support of the SAFER Program metrics, which are tied to the programmatic objectives and priorities. To measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient must submit sufficient information to demonstrate it has met the performance goal as stated in its award. FEMA will measure the recipient’s performance of the grant by comparing the number of items, supplies, projects, and activities needed and requested in its application with the number of items, supplies, projects, and activities acquired and delivered

5 FY 2022 SAFER NOFO Back to the Top
by the end of the period of performance using the following programmatic metrics:
• Percent of “majority career” SAFER Program recipients’ structural fire responses that complied with National Fire Protection Association (NFPA) 1710 structural response standards
• Percent of “majority volunteer” SAFER Program recipients’ structural fire responses that complied with NFPA 1720 structural response standards • Percent of SAFER Program recipients who reported and provided evidence that the grant funding increased compliance with NFPA 1710 or 1720 assembly and deployment standards.

B. F
ederal Award Information

1. Available Funding for the NOFO: $360,000,000

2. Projected Number of Awards: 300

3. Period of Performance: 12–48 months
• Hiring of Firefighters (Hiring) Activity: The period of performance for applications funded under the Hiring Activity will be 36 months.
• Recruitment and Retention (R&R) Activity: The period of performance for applications funded under the R&R Activity will be 12, 24, 36, or 48 months.

Extensions to the period of performance are allowed. For additional information on period of performance extensions, please refer to Section H of this NOFO.

FEMA awards under most programs, including this program, only include one budget period, so it will be same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.”

4. Projected Period of Performance Start Date(s): 06/02/2023 (will vary based on award date and activity type)

5. Projected Period of Performance End Date(s): 05/31/2024, 05/31/2025, 05/31/2026 or 05/31/2027 (will vary based on award date and activity type)

6. Funding Instrument Type: Grant

C. E
ligibility Information

1. Eligible Applicants
a. Hiring Activity
Fire departments operating in any of the 50 states, as well as fire departments in the District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands,

6 FY 2022 SAFER NOFO Back to the Top
Guam, American Samoa, the Commonwealth of Puerto Rico,1 or any federally recognized Indian tribe or tribal organization. A fire department is an agency or organization having a formally recognized arrangement with a state, local, tribal, or territorial authority (city, county, parish, fire district, township, town, or other governing body) to provide fire suppression to a population within a geographically fixed primary first due response area.

b. R&R Activity
Volunteer and combination fire departments operating in any of the 50 states, as well as fire departments in the District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, or any federally recognized Indian tribe or tribal organization. A fire department is an agency or organization having a formally recognized arrangement with a state, local, tribal, or territorial authority (city, county, parish, fire district, township, town, or other governing body) to provide fire suppression to a population within a geographically fixed primary first due response area. National, regional, state, local, tribal and nonprofit interest organizations representing the interests of volunteer firefighters are eligible to receive a SAFER Program award under the R&R Activity.

Information on ineligible applications and/or organizations is in Appendix B – Programmatic Information and Priorities of this NOFO.

2. Applicant Eligibility Criteria
a. Hir ing Activity: The Hiring Activity offers grants to support applications to hire new, additional firefighters (or to change the status of part-time or paid-on-call firefighters to full- time firefighters), rehire laid off firefighters, or to retain firefighters facing layoff. National, regional, state, local, tribal, and nonprofit interest organizations representing the interests of volunteer firefighters are not eligible to receive a SAFER Program award under the Hiring Activity.

b. R&R Activity: The R&R Activity offers grants to support applications to assist fire departments with the recruitment and retention of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response. Career fire departments are not eligible to apply for funding under the R&R Activity.

Each activity has its own application and eligibility requirements, as further outlined in Appendix B – Programmatic Information and Priorities of this NOFO.

An application submitted by an otherwise eligible non-federal entity (i.e., the applicant) may be deemed ineligible when the person that submitted the application is not: 1) a current

1 The District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Puerto Rico are all defined as “States” in the Federal Fire Prevention and Control Act of 1974. See 15 U.S.C. § 2203(10).

7 FY 2022 SAFER NOFO Back to the Top
employee, personnel, official, staff, or leadership of the non-federal entity; and 2) duly authorized to apply for an award on behalf of the non-federal entity at the time of application.

Further, the Authorized Organization Representative (AOR) must be a duly authorized current employee, personnel, official, staff, or leadership of the recipient and provide an email address unique to the recipient at the time of application and upon any change in assignment during the period of performance. Consultants or contractors of the recipient are not permitted to be the AOR of the recipient.

3. Other Eligibility Criteria
National Incident Management System (NIMS) Implementation SAFER Program applicants are not required to comply with NIMS to apply for SAFER Program funding or to receive a SAFER Program award. Any applicant who receives an FY 2022 SAFER Program award must achieve the level of NIMS compliance required by the Authority Having Jurisdiction (AHJ) over the applicant’s emergency service operations (e.g., a local government), prior to the end of the grant’s period of performance.

4. Maintenance of Effort (MOE)
There is no MOE or minimum budget requirement for the FY 2022 SAFER Program.

5. Cost Share or Match
There is no cost share or match or position cost limit for the FY 2022 SAFER Program. The award budget will not account for any voluntary committed cost sharing or overmatch. The use of an overmatch is not given additional consideration when scoring applicants.

6. Economic Hardship Waivers
Because there is no minimum budget requirement, cost share requirement, or position cost limit, an economic hardship waiver process is not necessary for the FY 2022 SAFER Program.

D. A
pplication and Submission Information

1. Key Dates and Times
a. Application Start Date: February 13, 2023 at 8 a.m. ET

b. Application Submission Deadline: March 17, 2023 at 5 p.m. ET

All applications must be received by the established deadline.

FEMA’s Grants Outcomes (FEMA GO) system automatically records proof of timely submission, and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely

8 FY 2022 SAFER NOFO Back to the Top
submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D of this NOFO.

FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award.

Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” of FEMA means the following: prior to the application deadline and within 48 hours after the applicant became aware of the issue.

A list of FEMA contacts can be found in Section G of this NOF O, “DHS Awarding Agency
Contact Information.” For technical assistance with the FEMA GO system, please contact the FEMA GO Help Desk at FEMAGO@ fema.dhs.gov or (877) 611-4700, Monday through Friday, 8 a.m. – 6 p.m. ET.

F
or programmatic or grants management questions, please contact your Preparedness Officer or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the SAFER Program Help Desk by phone at (866) 274-0960 or by email at [email protected], Monday through Friday, 8 a.m. – 4:30 p.m. ET.

c. A
nticipated Funding Selection Date: No later than 9/30/2023

d. Anticipated Award Date: Beginning on approximately 06/02/2023 and continuing thereafter until all FY 2022 SAFER Program grant awards are issued (but no later than 09/30/2023).

e. Other Key Dates
Event Suggested Deadline for Completion
Obtaining Unique Entity Identifier
(UEI) number
Four weeks before actual submission deadline

Obtaining a valid Employer
Identification Number (EIN) Four weeks before actual submission deadline Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or updating SAM
registration Four weeks before actual submission deadline

9 FY 2022 SAFER NOFO Back to the Top

2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package
Applications are processed through the FEMA GO system. To access the system, go to https://go.fema.gov/.

Note: Hard copies of the application are not available. However, the Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this notice is (800) 462-7585.

4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application
Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines.

Please review the table above for estimated deadlines to complete each of the steps listed.

Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding.

To apply for an award under this program, all applicants must:
a. Apply for, update, or verify their Unique Entity Identifier (UEI) number and Employer Identification Number (EIN) from the Internal Revenue Service; b. In the application, provide a UEI number;
c. Have an account with login.gov;
d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;
e. Register in FEMA GO, add the organization to the system, and e stablish the Authorized Organizational Representative (AOR). The organization’s electronic business point of contact (eBiz POC) from the SAM registration may need to be involved in this step. See the FEMA GO Startup Guide fo r step -by-step instructions. f. Submit the complete application in FEMA GO; and
g. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all Registering Organization in FEMA
GO Four weeks prior to beginning application
Submitting complete application in
FEMA GO One week before actual submission deadline

10 FY 2022 SAFER NOFO Back to the Top
predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.

Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number
and completing SAM registration prior to
receiving a federal award, the applicant must notify FEMA as soon as possible by contacting [email protected] and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date.

5. E
lectronic Delivery
DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity.

For this funding opportunity, FEMA requires applicants to submit applications through FEMA GO.

6. Ho w to Register to Apply
a. General Instructions:

Registering and applying for an award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.

The registration process can take up to four weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission.

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Organizations must have an UEI number, an EIN, an active System for Award Management (SAM) registration, and Grants.gov account to apply for grants.

b. O btain an UEI Number:

All entities applying for funding, including renewal funding must have a UEI number.

Applicants must enter the UEI number in the applicable data entry field on the SF-424 form.

For more detailed instructions for obtaining a UEI number, refer to: SAM.gov. c. Obtain Employer Identification Number
All entities applying for funding must provide an Employer Identification Number (EIN).

The EIN can be obtained from the IRS by visiting: https://www.irs.gov/businesses/small- businesses-self-employed/apply-for-an-employer-identification-number-ein-online.

d. Create a login.gov account:

Applicants must have a login.gov account to register with SAM or update their SAM registration. Applicants can create a login.gov account here:
https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323- a62b99571fd3.

Applicants only have to create a login.gov account once. For applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked.

For more information on the login.gov requirements for SAM registration, refer to:
https://www.sam.gov/SAM/pages/public/loginFAQ.jsf.

e. R egister with SAM:

All organizations applying online through Grants.gov must register with SAM. Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually and must remain active throughout the entire grant life cycle.

For more detailed instructions for registering with SAM, refer to:
https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with- sam.html.

Note: As a new requirement per 2 C.F.R. § 25.200, applicants must also provide the applicant’s immediate and highest-level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.

12 FY 2022 SAFER NOFO Back to the Top
I. A DDITIONAL SAM REMINDERS
Existing SAM.gov account holders should check their account to make sure it is “ACTIVE.” SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being “INACTIVE.” Please allow plenty of time before the grant application submission deadline to obtain an UEI number and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours before FEMA’s system recognizes the information.

It is imperative that the information applicants provide is correct and current. Please ensure that your organization’s name, address, and EIN are up to date in SAM and that the UEI number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient’s having a current SAM registration.

II. H ELP WITH SAM
The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, please contact the Federal Support Desk at https://www.fsd.gov/fsd-gov/home.do or call toll free (866) 606-8220.

f. R egister in FEMA GO, Add the Organization to the System, and Establish the AOR:

Applicants must register in FEMA GO and add their organization to the system. The organization’s electronic business point of contact (eBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/media-library/assets/documents/181607.

Note: FEMA GO will support only the most recent major release of the following browsers:
• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Apple Safari
• Microsoft Edge

Users who attempt to use tablet type devices or other browsers may encounter issues with using FEMA GO.

7. Subm itting the Final Application
Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) may be accessed in the Forms tab under the SF-424 family on Grants.gov. Applicants should review these forms before applying to ensure they have all the information required.

13 FY 2022 SAFER NOFO Back to the Top
After submitting the final application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the AOR that submitted the application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives your application.

For additional application submission requirements, including program-specific requirements, please refer to the subsection titled “Content and Form of Application Submission” under Section D o f this NOFO.

8. T imely Receipt Requirements and Proof of Timely Submission All applications must be completed in FEMA GO by the application deadline. FEMA GO automatically records proof of timely submission, and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative (AOR) role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission on the date and time that FEMA GO received the application.

Applicants who experience system-related issues will be addressed until 3:00 p.m. ET on the date applications are due. No new system-related issues will be addressed after this deadline. Applications not received by the application submission deadline will not be accepted.

9. C ontent and Form of Application Submission
a. Standard Required Application Forms and Information
The following forms or information are required to be submitted via FEMA GO. The Standard Forms (SF) are also available at https://www.grants.gov/web/grants/forms/sf- 424-
family.html.
• SF-424, Application for Federal Assistance
• Grants.gov Lobbying Form, Certification Regarding Lobbying • SF-424A, Budget Information (Non-Construction)
o
• SF-424B, Standard Assurances (Non-Construction)
o
• SF-LLL, Disclosure of Lobbying Activities
• Indirect Cost Agreement or Proposal if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an indirect cost rate agreement or proposal, please see Section D of this NOFO, “Funding Restrictions and Allowable Costs,” for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be available, or contact the relevant FEMA staff identified in Section G
of this NOFO, “DHS Awarding Agency Contact
Information” for further instructions.

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b. Program-Specific Required Forms and Information
For program-specific required and optional forms and information, please see the Appendices to this NOFO.

10. Funding Restrictions and Allowable Costs
All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in the NOFO or the terms and conditions of the award. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award. See 2 C.F.R. § 200.403(h) (referring to budget periods, which for FEMA awards under this program is the same as the period of performance).

In general, the Cost Principles establish standards for the allowability of costs, provide detailed guidance on the cost accounting treatment of costs as direct or administrative costs, and set forth allowability principles for selected items of cost. More specifically, except as otherwise stated in this NOFO, the terms and condition of an award, or other program materials, costs charged to awards covered by this NOFO must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. In order to be allowable, all costs charged to a FEMA award or applied to the cost share must be reasonable in nature and amount and allocable to the particular FEMA award.

Additionally, all costs charged to awards must comply with the grant program’s applicable statutes, policies, requirements in this NOFO as well as with the terms and conditions of the award. If FEMA staff identify costs that are inconsistent with any of these requirements, these costs may be disallowed, and FEMA may recover funds as appropriate, consistent with applicable laws, regulations, and policies.

As part of those requirements, grant recipients and subrecipients may only use federal funds or funds applied to a cost share for the purposes set forth in this NOFO and the terms and conditions of the award, and those costs must be consistent with the statutory authority for the award.

Grant funds may not be used for matching funds for other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the federal government or any other government entity.

Additionally, federal employees are prohibited from working in any capacity (paid or unpaid) on the development of any proposal submitted under this program.

In addition to the subsections below, please see Appendix B – Programmatic Information and Priorities, Section d. Restrictions on Uses of Award Funds for additional information on funding restrictions and allowable costs.

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a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services
Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018 ) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

G
uidance is available at Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, FEMA Policy #405-143-1, or superseding document.

A
dditional guidance is available at Contract Provisions Guide: Navigating Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (fema.gov).

Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to:

(1) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

(2) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or

(3) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

I. R EPLACEMENT EQUIPMENT AND SERVICES
FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the NOFO.

II. D EFINITIONS
Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment or services means:

i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities);

16 FY 2022 SAFER NOFO Back to the Top
ii. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China.

Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and cloud servers when produced, provided, or used by the entities listed in the definition of “covered telecommunications equipment or services.” See 2 C.F.R. § 200.471.

b. Pre-Award Costs
Generally, grant funds cannot be used to pay for products and services contracted for or obligated prior to the effective date of the award. Fees for grant writers are considered an exception and may be included as a pre-award expenditure, see Appendix C for details.

Further, other costs incurred after the application deadline, but prior to an offer of award, may be eligible for reimbursement only if the following conditions are met:
• The recipient must request approval from FEMA to incur such pre-award costs.

Requests must be sent via email to [email protected] include the application number and justification narrative. Please note, the recipient must seek approval at the time of acquisition and before the award is announced. • T he recipient must receive written confirmation from FEMA that the expenses have been reviewed and that FEMA has determined the costs to be justified, unavoidable, and consistent with the grant’s scope of work.
• The pre-award cost must meet the requirements of 2 C.F.R. § 200.458, which provides that the costs must be necessary for efficient and timely performance of the grant’s scope of work.

Note: FEMA reserves the right to re-evaluate and disallow pre-award costs at time of award monitoring if it is later determined that the services were not properly procured or do not satisfy the requirements of 2 C.F.R. § 200.458.

See Appendix C – Award Administration Information fo
r further information regarding grant
writer fees and the "Additional Information” section of this NOFO for general procurement under grants requirements.

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c. Management and Administration (M&A) Costs
M&A activities are those directly related to the management and administration of the SAFER award funds, such as financial management and monitoring. M&A expenses should be based only on actual expenses or known contractual costs; requests that are simple percentages of the award or estimates, without supporting justification or adequate documentation will not be allowed or considered for reimbursement. Salaries and fringe benefits for personnel directly supporting the grant are not required to be included in the M&A budget line item. No more than 3% of the federal share of SAFER Program funds awarded may be expended by the recipient for M&A for purposes associated with the SAFER Program award. M&A costs are not eligible under the Hiring Activity.

d. Indirect Facilities & Administrative (F&A) Costs
Indirect costs are allowable only under R&R Activity for this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the FEMA Preparedness Officer for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to FEMA Preparedness Officer for further instructions. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above or based upon on the de minimis rate or cost allocation plan, as applicable. Indirect costs are not allowable under the Hiring Activity.

e. Other Direct Costs
• Construction
Construction costs are not eligible under the SAFER Program. Construction includes major alterations to a building that changes the profile or footprint of the structure.

Modifications to facilities activities described in Appendix B – Programmatic Information and Priorities, Section f. Funding Priorities are not considered construction costs for purposes of general award cost categorization and may be eligible. However, modifications to facilities activities might be considered “construction” for purposes of applicable procurement under grants requirements or environmental protection and historic preservation purposes.

E. A
pplication Review Information

1. Application Evaluation Criteria
a. Programmatic Criteria

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Funding priorities and programmatic criteria for evaluating SAFER Program applications are established by FEMA based on the recommendations from the Criteria Development Panel (CDP). Each year, FEMA convenes a panel of fire service professionals to develop funding priorities for the SAFER Program. The panel makes recommendations about funding priorities as well as developing criteria for awarding grants.

The nine major fire service organizations represented on the panel are:

• International Association of Fire Chiefs
• International Association of Fire Fighters
• National Volunteer Fire Council
• National Fire Protection Association
• National Association of State Fire Marshals
• International Association of Arson Investigators
• International Society of Fire Service Instructors
• North American Fire Training Directors
• Congressional Fire Service Institute

The CDP is charged with making recommendations to FEMA regarding the creation or modification of previously established funding priorities as well as developing criteria for awarding grants. The content of this NOFO reflects implementation of the CDP’s recommendations with respect to the priorities, direction, and criteria for awards.

FEMA will rank all complete and submitted applications based on how well they align with the program priorities for the activity. Answers to the application’s activity specific questions provide information used to determine each application’s ranking relative to the stated program priorities

b. Financial Integrity Criteria
Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred.

FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant:
i. Financial stability;
ii. Quality of management systems and ability to meet management standards; iii. History of performance in managing federal award;
iv. Reports a nd findings from audits; and,
v. Ability to effectively implement statutory, regulatory, or other requirements.

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c. Supplemental Financial Integrity Criteria and Review Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000:

i. FEMA is required to review and consider any information about the applicant, including information on the applicant’s immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS).

ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered.

iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206.

2. Review and Selection Process
SAFER Program applications are reviewed through a multi-phase process. All applications are electronically pre-scored and ranked based on how well they align with the funding priorities outlined in this NOFO.

Applications with the highest pre-score rankings per activity are then scored competitively by no less than three members of a Peer Review Panel. Applications will also be evaluated through a series of internal FEMA review processes for completeness, adherence to programmatic guidelines, technical feasibility, costs/quantities, and anticipated effectiveness of the proposed project(s). Below is the process by which applications will be reviewed:

i. Pre-scoring Process
The application undergoes an electronic pre-scoring process based on established program priorities listed in Appendix B – Programmatic Information and Priorities and answers to activity-specific questions within the online application. Application Narratives are not reviewed during the pre-score process. “Request Details” and “Budget” information should comply with program guidance and statutory funding limitations. The pre-score is 50% of the total application score under the Hiring Activity, and 30% of the total application score under the R&R Activity.

ii. P eer Review Panel Process
Applications with the highest rankings from the pre-scoring process will undergo a Peer Review Panel process. A panel of peer reviewers is comprised of fire service

20 FY 2022 SAFER NOFO Back to the Top
representatives recommended by the CDP. Peer reviewers will assess the merits of each application based on the narrative statement on the requested activity. The evaluation elements listed in the “Narrative Evaluation Criteria” below will be used to calculate the narrative’s score for each activity requested. Panelists will independently score each requested activity within the application, discuss the merits and/or shortcomings of the application with their peers, and document the findings. A consensus is not required. The panel score is 50% of the total application score under the Hiring Activity, and 70% of the total application score under the R&R Activity.

iii. Technical Evaluation Process (TEP)
The highest scoring applications from both activities will be considered within the fundable range. Applications that are in the fundable range will undergo a Technical Review by the FEMA Program Office prior to being recommended for award. The FEMA Program Office will assess the request with respect to costs, quantities, feasibility, eligibility, and recipient responsibility prior to recommending any application for award. Once the TEP is complete, each application’s cumulative score will be determined, and a final ranking of applications will be created. FEMA will award grants based on this final ranking and the ability to meet statutorily required funding limitations outlined in Appendix B - Programmatic Information and Priorities of this NOFO.

3. Narrative Evaluation Criteria
T
he Narrative Statements of the application must provide specific details about the activity for which applicants seek funding, including budget details. The weighted evaluation criteria used by the peer reviewers in the determination of the grant award, as described below, make up the elements of the narrative statement score. FEMA conducts reviews of a random sampling of applications to compare them for duplication including the narrative statements and statistical data. Therefore, all elements of the narrative statements must be specific and unique to the applying entity, and all statistical data must be accurate.

Applications with narrative statements that have substantial duplication of statements, sentences, or paragraphs to other submitted applications, and/or inaccurate data that may mislead reviewers may be disqualified. Discovery of falsification, fabrication, or plagiarism of other grant proposals will disqualify the application(s).

Note: FEMA evaluates each application on its merit, veracity, and accuracy to ascertain how the narrative statement(s) outlined within the application depicts the applicant’s and their community’s uniqueness, their particular risks, and how selecting them over a similarly situated applicant advances the objectives of the SAFER program to assist local fire departments with staffing and deployment capabilities to respond to emergencies and assure that communities have adequate protection from fire and fire-related hazards. At any time during application review process, including the technical review stage, FEMA may request additional documentation from applicants, including but not limited to:

a) Copies of official or certified documents demonstrating the claimed financial need;

21 FY 2022 SAFER NOFO Back to the Top
b) Copies of the applicant’s needs assessment report, survey, or any documented other efforts undertaken to identify the applicant’s unique project objectives; c) Copies of the risk analysis conducted to ascertain how said project will address the applicant’s unique needs in alignment with their mission and SAFER Program grant purpose;
d) Additional information or evidence detailing the applicant’s particular risks; and e) Any other information deemed necessary to adequately weigh the applicant’s assistance request for funding under this discretionary-competitive grant program.

No applicant is guaranteed funding.

The Narrative Statement blocks do not allow for formatting. Do not type the Narrative Statements using only capital letters. Additionally, do not include tables, special characters or fonts (e.g., quotation marks, bullets), or graphs. Space for the Narrative Statement is limited.

While each element must have a minimum of 200 characters, the maximum number of characters varies based on the questions being asked.

Peer Review Panelists will evaluate and score each activity based on the following narrative elements within each activity.

a. Hiring Activity - the panel score is 50% of the total application score. i. Project Description (30%):
• Why does the department need the positions requested in this application? • How will the positions requested in this application be used within the department (e.g., fourth firefighter on engine, open a new station, eliminate browned out stations, reduce overtime)?
• What unique and specific services will the requested positions provide to the fire department and community?
• How will funds awarded through this grant enhance the department’s ability to protect critical infrastructure within the primary response area?

ii. Impact on Daily Operations (30%):
• How are the community and the current firefighters employed by the department at risk without the positions requested in this application? • How will that risk be unequivocally reduced if awarded?

iii. Financial Need (30%):
• Provide an income versus expenses breakdown of the department’s current annual budget.
• Describe the department’s precise budget shortfalls and inability to address financial needs without federal assistance.
• Describe what other actions the department has taken to obtain funding elsewhere (e.g., state assistance programs, other grant programs). • Discuss how the critical functions of the department are uniquely affected without this funding.

22 FY 2022 SAFER NOFO Back to the Top
iv. Cost Benefit (10%):
• Describe the unique and specific benefits (e.g., quantifying the anticipated savings and/or efficiencies) the department and community will realize if awarded the positions requested in this application.

b. R&R Activity (Fire Departments) - the panel score is 70% of the total application score. i. Project Description (30%):
• Describe the unique problems and issues the department is experiencing in recruiting new volunteer firefighters.
• Describe the particular problems and issues the department is experiencing in retaining current members.
• Describe the precise implementation plan, including the goals, objectives, methods, specific steps, and timelines to directly address the identified problems or issues.
• Describe the current marketing plan already in place, or the marketing program to be put in place with or without grant funds. • Describe how the program will be uniquely evaluated for its impact on identified recruitment and retention problems and issues. Describe how the overall effectiveness of the grant will be measured.
• Describe the unique and specific services the new volunteer firefighters and/or retention of current volunteer firefighters will provide for the fire department(s) and community.
• If the grant request will have a regional impact, discuss how the regional partners will benefit and which activities they will benefit from.

ii. Impact on Daily Operations (30%):
• Describe with particularity and discreteness how the community and current volunteer firefighters in the department are at risk without the items or activities requested in this application.
• Describe how that risk will be unequivocally reduced if awarded funding. • Explain the definitive impact the recruitment of new volunteer firefighters and/or the retention of current volunteer firefighters will have on the department’s NFPA compliance.

iii. Financial Need (30%):
• Provide an income versus expenses breakdown of the department’s current annual budget.
• Describe the department’s precise budget shortfalls and its inability to address financial needs without federal assistance.
• Describe what other actions the department has taken to obtain funding elsewhere (e.g., state assistance programs, other grant programs), and how similar projects have been funded in the past.
• Discuss how the critical functions of the department are uniquely affected without this funding.

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iv. Cost Benefit (10%):
• Describe the unique and specific benefits (e.g., quantifying the anticipated savings and/or efficiencies) the department and community will realize if awarded the items or activities requested in this application.

c. R&R Activity (National, state, local, or federally recognized tribal volunteer firefighters interest organizations) - the panel score is 70% of the total application score. i. Project Description (30%):
• Describe the problems and issues the fire departments that the organization will be reaching with this grant are experiencing in recruiting new volunteer firefighters.
• Describe the problems and issues the same departments are experiencing in retaining current members.
• Describe the organization’s implementation plan, including the goals, objectives, methods, specific steps, and timelines to directly address the problems or issues identified.
• Describe the current marketing plan already in place, or the marketing program to be put in place with or without grant funds. • Describe how the program will be evaluated for its impact on the identified recruitment and retention problems and issues of the fire departments participating in this grant. Describe how the overall effectiveness of the grant will be measured.
• Describe the specific services the new volunteer firefighters and/or retention of current volunteer firefighters will provide for the fire departments participating in this application and their respective communities. • Describe the organization’s procurement practices and the timelines outlining the chronological steps to complete the activities requested.

ii. Impact on Daily Operations (30%):
• Describe how the fire departments participating in this application and their current volunteer firefighters and communities are at risk without the items or activities requested in this application.
• Explain how that risk will be reduced if awarded funding. • Describe the impact that the recruitment of new volunteer firefighters and/or the retention of current volunteer firefighters will have on the NFPA compliance of the fire departments participating in this application.

iii. Financial Need (30%):
• Provide an income versus expenses breakdown of the organization’s current annual budget.
• Describe the organization’s particular budget shortfalls and the inability to address the financial needs without federal assistance.

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• Describe the other actions the organization has taken to obtain funding elsewhere (e.g., state assistance programs, other grant programs), and how similar projects have been funded in the past.
• Discuss how the critical functions of the organization are affected without this funding.

iv. Cost Benefit (10%):
• Describe the specific benefits (e.g., quantifying the anticipated savings and/or efficiencies) the fire departments participating in this application and their communities will realize if awarded the items or activities requested in this application.

F. F
ederal Award Administration Information
In addition to the language here, please see Appendix C - Award Administration Information in this NOFO for additional award administration information.

1. Notice of Award
Before accepting the award, the AOR and recipient should carefully read the award package.

The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO as well as any specific terms and conditions in the Notice of Award to receive an award under this program.

FEMA will provide the federal award package to the applicant electronically via FEMA GO.

Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and Obligating Document. An email notification of the award package will be sent through FEMA’s grant application system to the AOR that submitted the application.

Recipients must accept their awards no later than 30 calendar days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award through the FEMA GO system.

Funds will remain on hold until the recipient accepts the award through the FEMA GO system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within the specified timeframe may result in a loss of funds. Recipients may request additional time to accept the award if needed.

2. Administrative and National Policy Requirements
In addition to the requirements of this section and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200.

25 FY 2022 SAFER NOFO Back to the Top
a. DHS Standard Terms and Conditions
All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at DHS Standar d
Terms and Conditions.

The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. The terms and conditions that apply for the award will be clearly stated in the award package at the time of award.

b. Ensuring the Protection of Civil Rights
As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations.

F
ederal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance fro m FEMA.

The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms and Conditions. Additional information on civil rights provisions is available at https://www.fema.gov/about/offices/equal-rights/civil-rights.

Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7.

In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment.

c
. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable.

All non-critical new construction or substantial improvement of structures in a Special Flood Hazard Area must, at a minimum, apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach unless doing so would cause the project to be unable to meet applicable program cost-effectiveness requirements. All other types of

26 FY 2022 SAFER NOFO Back to the Top
projects may choose to apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach. See Executive Order (EO) 14030, C limate-Related Financial Risk and FEMA Policy #-20 6-21-0003, Partial Implementation of the Federal Flood Risk Management Standard for Hazard Mitigation Assistance Programs (Interim) (fema.gov).

Recipients and subrecipients proposing projects that have the potential to impact the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA to determine whether the proposed project has the potential to impact environmental resources or historic properties.

In some cases, FEMA is also required to consult with other regulatory agencies and the public to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not incompliance with applicable EHP laws, Executive Orders, regulations, and policies.

DHS and FEMA EHP policy is found in directives and instructions available on the FEMA.gov EHP page, the FEMA
website page that includes documents regarding EHP
responsibilities and program requirements, including implementation of the National Environmental Policy Act and other EHP regulations and Executive Orders.

T
he GPD EHP screening form is located at FEMA Form. Additionally, all recipients under this funding opportunity are required to comply with the FEMA GPD EHP Policy Guidance, FEMA Policy #108-023-1, available at Environmental & Historic Preservation Guidance for FEMA Grant Applications | FEMA.gov.

Applicants may attach the EHP forms during the application period for the project(s) they wish to pursue; however, it does not guarantee award. Once the awards are announced, it is the responsibility of the grant recipients to supply the required EHP form at that time to DHS/FEMA, if they have not submitted already during the application period. Applicants can only proceed with their project(s) once the EHP review is completed and approved.

DHS/FEMA may notify grant recipients via email if EHP review is required and will provide instructions on how to comply.

SAFER Program applications that involve the installation of supplies/equipment not specifically excluded from a FEMA EHP Review, per the GPD Programmatic Environmental Assessment, such as ground-disturbing activities, or modification/renovation of existing buildings or structures, will require an EHP review. Some equipment will require an EHP

27 FY 2022 SAFER NOFO Back to the Top
review as well. Such activities include, but are not limited to:

• Building renovations such as removal of wall or installation of electrical or waterlines;
• Training/exercises in natural settings such as rope or swift water; • Installing LED signs; and,
• Any scope of work that involves ground disturbances.

The following activities would not require the submission of the FEMA EHP Screening Form:

• Planning and development of policies or processes;
• Management, administrative, or personnel actions;
• Classroom-based training;
• Acquisition of mobile and portable equipment (not involving installation) on or in a building and does not require a storage area to be constructed; and, • Purchase of Personal Protective Equipment (PPE).

d. National Incident Management System (NIMS) Implementation SAFER Program applicants are not required to comply with NIMS to apply for SAFER Program funding or to receive a SAFER Program award. However, any applicant who receives an FY 2022 SAFER Program award must achieve the level of NIMS compliance required by the Authority Having Jurisdiction (AHJ) over the applicant’s emergency service operations (e.g., a local government) prior to the end of the grant’s period of performance.

e. F
ederal Flood Risk Management Standard
All non-critical new construction or substantial improvement of structures in a Special Flood Hazard Area must, at a minimum, apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach unless doing so would cause the project to be unable to meet applicable program cost-effectiveness requirements. All other types of projects may choose to apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach.

f. Period of Performance Guidance
i. Hiring Activity
• The period of performance is 36 months for all grants awarded under this activity. • A default 180-day recruitment period begins when FEMA approves an application for an award under this activity.
• The 36-month period of performance automatically starts after the 180-day recruitment period, regardless of whether the recipient has successfully hired the requested firefighters. The period of performance cannot start later than 180 days after the award date.
• If a recipient is able to hire all SAFER Program-funded firefighters during the 180-day recruitment period, the period of performance may begin at that time. In

28 FY 2022 SAFER NOFO Back to the Top
these instances, recipients must submit an amendment requesting that the period of performance start before the end of the 180-day recruitment period if they wish to begin the period early.

ii. R&R Activity
• The period of performance is 12, 24, 36, or 48 months for all grants awarded under this activity.
• A default 90-day recruitment period begins when FEMA approves the application for award. This period allows each recipient time to gather resources, initiate processes, and finalize contracts needed to implement SAFER Program activities before the start of the period of performance to maximize the funding’s availability. However, the recipient can only expend funds within the period of performance.
• The period of performance automatically starts after the 90-day recruitment period ends, regardless of whether the recipient has begun implementing its grant award. The period of performance cannot start later than 90 days after the award date.
• If a recipient is able to begin its recruitment or retention activities during the 90- dayrecruitment period, the period of performance may begin at that time. In these instances, recipients must submit an amendment requesting that the period of performance start before the end of the 90-day recruitment period if they wish to begin the period early.

g. Difference between Application Request and Award
During the review process for a SAFER Program award, FEMA may have modified the application request(s). These modifications will be identified in the award package provided upon the offer of an award. If the awarded activities, scope of work, or requested dollar amount(s) do not match the application as submitted, the recipient shall only be responsible for completing the activities actually funded by FEMA. The recipient is under no obligation to start, modify, or complete any activities requested but not funded by the award. The award package will identify any differences under the approved scope of work section.

h. Turndown Notifications
FEMA GO will provide all applicants who do not receive an FY 2022 SAFER Program award with a turndown notification.

3. Reporting
Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent. Recipients should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of purchasing documentation along with copies of cancelled checks or other proof of payment documentation for verification.

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a. Financial Reporting Requirements
I. F EDERAL FINANCIAL REPORT (FFR)
Recipients must report obligations and expenditures through the FFR form (SF-425) to FEMA. Recipients may review the Federal Financial Reporting Form (FFR) (SF-425) at https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1.

Recipients must file the FFR electronically using FEMA GO.

II. FFR REPORTING PERIODS AND DUE DATES
Recipients are required to submit a Federal Financial Report (FFR or SF-425) on a semi- annual basis. The FFR must be submitted through FEMA GO based on the calendar year beginning with the period after the award is made. Grant recipients are required to submit an FFR throughout the entire period of performance of the grant and for closeout. Reports are due:
• No later than July 30 (for the period January 1–June 30) • No later than January 30 (for the period July 1–December 31) • Within 120 days after the end of the Period of Performance

Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail.

b. Programmatic Performance Reporting Requirements
I. P ROGRAMMATIC PERFORMANCE REPORT (PPR)
The recipient is responsible for completing and submitting a Programmatic Performance Report (PPR) using FEMA GO.

The PPR should include:
• A brief narrative of overall project(s) status;
• A summary of project expenditures; and,
• A description of any potential issues that may affect project completion

II. PPR PERIODS AND DUE DATES
The following reporting periods and due dates apply for the PPR:
• No later than July 30 (for the period January 1–June 30) • No later than January 30 (for the period July 1–December 31)

c. Closeout Reporting Requirements
I. C LOSEOUT REPORTING
Within 120 days after the end of the period of performance for the prime award or after an amendment has been issued to close out an award before the original period of performance ends, recipients must liquidate all financial obligations and must submit the following:
i. The final request for payment, if applicable.
ii. The final FFR (SF-425).

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iii. The final progress report detailing all accomplishments, including a narrative summary of the impact of those accomplishments throughout the period of performance.
iv. Other documents required by this NOFO, terms and conditions of the award, or other FEMA guidance.

In addition, pass-through entities are responsible for closing out their subawards as described in 2 C.F.R. § 200.344; subrecipients are still required to submit closeout materials within 90 days of the period of performance end date. When a subrecipient completes all closeout requirements, pass-through entities must promptly complete all closeout actions for subawards in time for the recipient to submit all necessary documentation and information to FEMA during the closeout of the prime award.

After the prime award closeout reports have been reviewed and approved by FEMA, a closeout notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for at least three years from the date of the final FFR. The record retention period may be longer, such as due to an audit or litigation, for equipment or real property used beyond the period of performance, or due to other circumstances outlined in 2 C.F.R. § 200.334.

The recipient is responsible for refunding to FEMA any balances of unobligated cash that FEMA paid that are not authorized to be retained per 2 C.F.R. § 200.344(d).

II. A DMINISTRATIVE CLOSEOUT
Administrative closeout is a mechanism for FEMA to unilaterally move forward with closeout of an award using available award information in lieu of final reports from the recipient per 2 C.F.R. § 200.344(h)-(i). It is a last resort available to FEMA, and if FEMA needs to administratively close an award, this may negatively impact a recipient’s ability to obtain future funding. This mechanism can also require FEMA to make cash or cost adjustments and ineligible cost determinations based on the information it has, which may result in identifying a debt owed to FEMA by the recipient.

When a recipient is not responsive to FEMA’s reasonable efforts to collect required reports needed to complete the standard closeout process, FEMA is required under 2 C.F.R. § 200.344(h) to start the administrative closeout process within the regulatory timeframe.

FEMA will make at least three written attempts to collect required reports before initiating administrative closeout. If the recipient does not submit all required reports in accordance with 2 C.F.R. § 200.344, this NOFO, and the terms and conditions of the award, FEMA must proceed to administratively close the award with the information available within one year of the period of performance end date. Additionally, if the recipient does not submit all required reports within one year of the period of performance end date, per 2 C.F.R. § 200.344(i), FEMA must report in FAPIIS the recipient’s material failure to comply with the terms and conditions of the award.

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If FEMA administratively closes an award where no final FFR has been submitted, FEMA uses that administrative closeout date in lieu of the final FFR submission date as the start of the record retention period under 2 C.F.R. § 200.334.

In addition, if an award is administratively closed, FEMA may decide to impose remedies for noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards.

d. Additional Reporting Requirements
I. D ISCLOSING INFORMATION PER 2 C.F.R. § 180.335
This reporting requirement pertains to disclosing information related to government-wide suspension and debarment requirements. Before a recipient enters into a grant award with FEMA, the recipient must notify FEMA if it knows if it or any of the recipient’s principals under the award fall under one or more of the four criteria listed at 2 C.F.R. § 180.335:
i. Are presently excluded or disqualified;
ii. Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. § 180.800(a) or had a civil judgment rendered against it or any of the recipient’s principals for one of those offenses within that time period; iii. Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses listed in 2 C.F.R. § 180.800(a); or
iv. Have had one or m ore public transactions (federal, state, or local) terminated within the preceding three years for cause or default.

At any time after accepting the award, if the recipient learns that it or any of its principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the recipient must provide immediate written notice to FEMA in accordance with 2 C.F.R. § 180.350.

II. R EPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE Per 2 C.F.R. Part 200, Appendix I § F.3, the additional post-award reporting requirements in 2 C.F.R. Part 200, Appendix XII may apply to applicants who, if upon becoming recipients, have a total value of currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies that exceeds $10,000,000 for any period of time during the period of performance of an award under this funding opportunity.

Recipients that meet these criteria must maintain current information reported in FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of Appendix XII at the reporting frequency described in paragraph 4 of Appendix XII.

III. SINGLE AUDIT REPORT
For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report, also known as the single audit report.

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The audit must be performed in accordance with the requirements of U.S. Government Accountability Office’s (GAO) Government Auditing Standards, located at https://www.gao.gov/yellowbook/overview, and the requirements of Subpart F of 2 C.F.R.

Part 200, located at http://www.ecfr.gov/cgi-bin/text-idx?node=sp2.1.200.f.

4. Monitoring and Oversight
Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance. During site visits or desk reviews, FEMA will review recipients’ files related to the award. As part of any monitoring and program evaluation activities, recipients must permit FEMA, upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program.

Recipients must respond in a timely and accurate manner to FEMA requests for information relating to the award.

Effective monitoring and oversight help FEMA ensure that recipients use grant funds for their intended purpose(s); verify that projects undertaken are consistent with approved plans; and ensure that recipients make adequate progress toward stated goals and objectives.

Additionally, monitoring serves as the primary mechanism to ensure that recipients comply with applicable laws, rules, regulations, program guidance, and requirements. FEMA regularly monitors all grant programs both financially and programmatically in accordance with federal laws, regulations (including 2 C.F.R. Part 200), program guidance, and the terms and conditions of the award. All monitoring efforts ultimately serve to evaluate progress towards grant goals and proactively target and address issues that may threaten grant success during the period of performance.

FEMA staff will periodically monitor recipients to ensure that administrative processes, policies and procedures, budgets, and other related award criteria are meeting Federal Government-wide and FEMA regulations. Aside from reviewing quarterly financial and programmatic reports, FEMA may also conduct enhanced monitoring through either desk- based reviews, onsite monitoring visits, or both. Enhanced monitoring will involve the review and analysis of the financial compliance and administrative processes, policies, activities, and other attributes of each federal assistance award, and it will identify areas where the recipient may need technical assistance, corrective actions, or other support.

Financial and programmatic monitoring are complementary processes within FEMA’s overarching monitoring strategy that function together to ensure effective grants management, accountability, and transparency; validate progress against grant and program goals; and safeguard federal funds against fraud, waste, and abuse. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements, while programmatic monitoring seeks to validate and assist in grant progress, targeting issues that may be hindering achievement of project goals and ensuring compliance with the purpose of the grant and grant program. Both monitoring processes are similar in

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that they feature initial reviews of all open awards, and additional, in-depth monitoring of grants requiring additional attention.

Recipients and subrecipients who are pass-through entities are responsible for monitoring their subrecipients in a manner consistent with the terms of the federal award at 2 C.F.R. Part 200, including 2 C.F.R. § 200.332. This includes the pass-through entity’s responsibility to monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved.

In terms of overall award management, recipient and subrecipient responsibilities include, but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass-through entity, or other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the terms of 2 C.F.R. Part 200.

G.

DHS Awarding Agency Contact Information

1. Contact and Resource Information
a. Program Office Contact
The SAFER Program Help Desk provides technical assistance to applicants for the online completion and submission of applications into FEMA GO, answers questions concerning applicant eligibility, recipient responsibilities, and helps in the programmatic administration of awards. The SAFER Program Help Desk can be contacted at (866) 274-0960 or by email at [email protected]. Normal hours of operation are Monday through Friday, 8 a.m.– 4:30 p.m. ET.

b.

SAFER Program Application Guidance Documents
Guidance documents such as application tutorials, Self-Evaluation Guides, and Frequently Asked Questions (FAQs) are provided to further explain the current SAFER Program, assist with the online grant application, and highlight lessons learned and changes for FY 2022. For more details, please visit the SAFER Program website at https://www.fema.gov/grants/preparedness/firefighters/safer.

c. Centralized Scheduling and Information Desk (CSID)
CSID is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. CSID provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the federal, state, and local levels. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns.

CSID can be reached by phone at (800) 368-6498 or by e-mail at [email protected], Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

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d. Grant Programs Directorate (GPD) Award Administration Division GPD’s Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the AAD’s Help Desk via e-mail at [email protected].

e. Equal Rights
The FEMA Office of Equal Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to [email protected].

f. Environmental Planning and Historic Preservation
GPD’s EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to [email protected].

2. Systems Information
For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at [email protected] or (877) 585-3242, Monday through Friday, 8 a.m. – 6 p.m.

ET.

H. Additional Information

1. FEMA Financial Assistance Programs for Infrastructure a. Build America, Buy America Act
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. See also Office of Management and Budget (OMB), Memorandum M- 22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.

After FEMA’s General Applicability Public Interest waiver expires on January 1, 2023 (or is otherwise extended), none of the funds provided under this program may be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs,

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desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

To see whether a particular FEMA federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov. Additional information is found in Buy America Preference in FEMA Financial Assistance Programs for Infrastructure, FEMA Interim Policy #207-22-0001.

Waivers
When necessary, recipients (and subrecipients through their pass-through entity) may apply for, and FEMA may grant, a waiver from these requirements.

A waiver of the domestic content procurement preference may be granted by the agency awarding official if FEMA determines that:
1) Applying the domestic content procurement preference would be inconsistent with the public interest;
2) The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
3) The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25%.

For FEMA awards, the process for requesting a waiver from the Buy America preference requirements can be found on FEMA’s website at: "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov.

Definitions
Construction materials: an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, paint, and drywall.

Domestic content procurement preference:

Means all iron and steel used in the project are
produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.

Federal financial assistance: Generally defined in 2 C.F.R. § 200.1 and includes all expenditures by a federal agency to a non-federal entity for an infrastructure project, except

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that it does not include expenditures for assistance authorities relating to major disasters or emergencies under sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act relating to a major disaster or emergency declared under section 401 or 501, respectively, or pre and post disaster or emergency response expenditures.

Infrastructure: infrastructure projects which serve a public function, including at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy.

Produced in the United States: means the following for:
1) Iron and steel: All manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2) Manufactured products: The 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.
3) Construction Materials: All manufacturing processes for the construction material occurred in the United States.

Project: is any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States.

2. T
ermination Provisions
FEMA may terminate a federal award in whole or in part for one of the following reasons.

FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards.

a. Noncompliance
If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non- responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as

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well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient’s material failure to comply with the award terms and conditions. See also the section on Actions to Address Noncompliance.

b. With the Consent of the Recipient
FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated.

c. Notification by the Recipient
The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award.

3. Program Evaluation
Recipients and subrecipients are encouraged to incorporate program evaluation activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges federal awarding agencies and federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.” Evidence Act § 101 (codified at 5 U.S.C. § 311). Evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation.

4. P
eriod of Performance Extensions
Extensions to the period of performance (POP) for this program are allowed. Extensions to the POP identified in the award will only be considered through formal, written requests to FEMA GO and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with the FEMA Preparedness Officer as needed when preparing an extension request. Recipients should request extensions sparingly and only under exceptional circumstances. Approval is not guaranteed.

All extension requests must address the following:
a. The grant program, fiscal year, and award number;
b. Reason for the delay –including details of the legal, policy, or operational challenges that prevent the final outlay of awarded funds by the deadline; c. Current status of the activity(ies);

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d. Approved POP termination date and new project completion date; e. Amount of funds drawn down to date;
f. Remaining available funds, both federal and, if applicable, non- federal; g. Budget outlining how remaining federal and, if applicable, non- federal funds will be expended;
h. Plan for completion, including milestones and timeframes for achieving each milestone and the position or person responsible for implementing the plan for completion; and,
i. Certification that the activity(ies) will be completed within the extended POP without any modification to the original statement of work, as approved by FEMA.

Extension requests will be granted only due to compelling legal, policy, or operational challenges. Extension requests will only be considered for the following reasons:
• Contractual commitments by the recipient or subrecipient with vendors prevent completion of the project, including delivery of equipment or services, within the existing POP;
• The project must undergo a complex environmental review that cannot be completed within the existing POP;
• Projects are long-term by design, and therefore acceleration would compromise core programmatic goals; or,
• Where other special or extenuating circumstances exist.

Recipients should submit all proposed extension requests to FEMA for review and approval at least 60 days prior to the end of the POP to allow sufficient processing time. The review process can take up to 30 calendar days or longer. Recipients should factor this review period into the timing of when to submit a request for an extension. In accordance with FEMA policy, FEMA reviews extensions on a case-by-case basis and are typically granted for no more than six-month period.

Prior to submitting the extension request, recipients should be current on payment requests and required reporting discussed in this NOFO.

5. Disability Integration
Pursuant to Section 504 of the Rehabilitation Act of 1973, recipients of FEMA financial assistance must ensure that their programs and activities do not discriminate against other qualified individuals with disabilities.

Grant recipients should engage with the whole community to advance individual and community preparedness and to work as a nation to build and sustain resilience. In doing so, recipients are encouraged to consider the needs of individuals with disabilities into the activities and projects funded by the grant.

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FEMA expects that the integration of the needs of people with disabilities will occur at all levels, including planning; alerting, notification, and public outreach; training; purchasing of equipment and supplies; protective action implementation; and exercises/drills.

The following are examples that demonstrate the integration of the needs of people with disabilities in carrying out FEMA awards:
• Include representatives of organizations that work with/for people with disabilities on planning committees, work groups, and other bodies engaged in development and implementation of the grant programs and activities.
• Hold all activities related to the grant in locations that are accessible to persons with physical disabilities to the extent practicable.
• Acquire language translation services, including American Sign Language, that provide public information across the community and in shelters. • Ensure shelter-specific grant funds are in alignment with FEMA’s Guidance on Planning for Integration of Functional Needs Support Services in General Population Shelters.
• If making alterations to an existing building to a primary function area utilizing federal funds, complying with the most recent codes and standards and making path of travel to the primary function area accessible to the greatest extent possible. • Implement specific procedures used by public transportation agencies that include evacuation and passenger communication plans and measures for individuals with disabilities.
• Identify, create, and deliver training to address any training gaps specifically aimed toward whole-community preparedness. Include and interact with individuals with disabilities, aligning with the designated program capability. • Establish best practices in inclusive planning and preparedness that consider physical access, language access, and information access. Examples of effective communication access include providing auxiliary aids and services such as sign language interpreters, Computer Aided Real-time Translation (CART), and materials in Braille or alternate formats.

FEMA grant recipients can fund projects towards the resiliency of the whole community, including people with disabilities, such as training, outreach, and safety campaigns, provided that the project aligns with this NOFO and the terms and conditions of the award.

6. Conflicts of Interest in the Administration of Federal Awards or Subawards For conflicts of interest under grant-funded procurements and contracts, refer to the section on Procurement Integrity in this NOFO and 2 C.F.R. §§ 200.317 – 200.327.

To eliminate and reduce the impact of conflicts of interest in the subaward process, recipients and pass-through entities must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Recipients and pass-through entities are also required to follow any applicable federal and state, local, tribal,

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or territorial (SLTT) statutes or regulations governing conflicts of interest in the making of subawards.

The recipient or pass-through entity must disclose to the respective Program Analyst or Program Manager, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by the federal or SLTT statutes or regulations or their own existing policies, within five days of learning of the conflict of interest. Similarly, subrecipients, whether acting as subrecipients or as pass-through entities, must disclose any real or potential conflict of interest to the recipient or next-level pass- through entity as required by the recipient or pass-through entity’s conflict of interest policies, or any applicable federal or SLTT statutes or regulations.

Conflicts of interest may arise during the process of FEMA making a federal award in situations where an employee, officer, or agent, any members of his or her immediate family, his or her partner has a close personal relationship, a business relationship, or a professional relationship, with an applicant, subapplicant, recipient, subrecipient, or FEMA employees.

7. Procurement Integrity
Through audits conducted by the DHS Office of Inspector General (OIG) and FEMA grant monitoring, findings have shown that some FEMA recipients have not fully adhered to the proper procurement requirements at 2 C.F.R. §§ 200.317 – 200.327 when spending grant funds. Anything less than full compliance with federal procurement requirements jeopardizes the integrity of the grant as well as the grant program. To assist with determining whether an action is a procurement or instead a subaward, please consult 2 C.F.R. § 200.331. For detailed guidance on the federal procurement standards, recipients and subrecipients should refer to various materials issued by FEMA’s Procurement Disaster Assistance Team (PDAT), such as the PDAT Field Manual and Contract Provisions Guide. Additional resources, including an upcoming trainings schedule can be found on the PDAT Website:
https://www.fema.gov/grants/procurement.

The below highlights the federal procurement requirements for FEMA recipients when procuring goods and services with federal grant funds. FEMA will include a review of recipients’ procurement practices as part of the normal monitoring activities. All procurement activity must be conducted in accordance with federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. Select requirements under these standards are listed below. The recipient and any of its subrecipients must comply with all requirements, even if they are not listed below.

Under 2 C.F.R. § 200.317, when procuring property and services under a federal award, states (including territories) must follow the same policies and procedures they use for procurements from their non-federal funds; additionally, states must now follow 2 C.F.R. § 200.321 regarding socioeconomic steps, 200.322 regarding domestic preferences for procurements, 200.323 regarding procurement of recovered materials, and 2 C.F.R. § 200.327 regarding required contract provisions.

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All other non-federal entities, such as tribes (collectively, non-state entities), must have and use their own documented procurement procedures that reflect applicable SLTT laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to, providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319 and the required procurement methods at § 200.320.

a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 OMB recently updated various parts of Title 2 of the Code of Federal Regulations, among them, the procurement standards. States are now required to follow the socioeconomic steps in soliciting small and minority businesses, women’s business enterprises, and labor surplus area firms per 2 C.F.R. § 200.321. All non-federal entities should also, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States per 2 C.F.R. § 200.322. More information on OMB’s revisions to the federal procurement standards can be found in Purchasing Under a FEMA Award: OMB Revisions Fact Sheet.

The recognized procurement methods in 2 C.F.R. § 200.320 have been reorganized into informal procurement methods, which include micro-purchases and small purchases; formal procurement methods, which include sealed bidding and competitive proposals; and noncompetitive procurements. The federal micro-purchase threshold is currently $10,000, and non-state entities may use a lower threshold when using micro-purchase procedures under a FEMA award. If a non-state entity wants to use a micro-purchase threshold higher than the federal threshold, it must follow the requirements of 2 C.F.R. § 200.320(a)(1)(iii)- (v). The federal simplified acquisition threshold is currently $250,000, and a non-state entity may use a lower threshold but may not exceed the federal threshold when using small purchase procedures under a FEMA award. See 2 C.F.R. § 200.1 (citing the definition of simplified acquisition threshold from 48 C.F.R. Part 2, Subpart 2.1).

See 2 C.F.R. §§ 200.216, 200.471, and Appendix II as well as section D.13.a of the NOFO regarding prohibitions on covered telecommunications equipment or services.

b. Competition and Conflicts of Interest
Among the requirements of 2 C.F.R. § 200.319(b) applicable to all non-federal entities other than states, to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. FEMA considers these actions to be an organizational conflict of interest and interprets this restriction as applying to contractors that help a non-federal entity develop its grant application, project plans, or project budget. This prohibition also applies to the use of former employees to manage the grant or carry out a contract when those former employees worked on such activities while they were employees of the non-federal entity.

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Under this prohibition, unless the non-federal entity solicits for and awards a contract covering both development and execution of specifications (or similar elements as described above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317 – 200.327, federal funds cannot be used to pay a contractor to carry out the work if that contractor also worked on the development of those specifications. This rule applies to all contracts funded with federal grant funds, including pre-award costs, such as grant writer fees, as well as post- award costs, such as grant management fees.

A
dditionally, some of the situations considered to be restrictive of competition include, but are not limited to:
• Placing unreasonable requirements on firms for them to qualify to do business; • Requiring unnecessary experience and excessive bonding; • Noncompetitive pricing practices between firms or between affiliated companies; • Noncompetitive contracts to consultants that are on retainer contracts; • Organizational conflicts of interest;
• Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and,
• Any arbitrary action in the procurement process.

Per 2 C.F.R. § 200.319(c), non-federal entities other than states must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed SLTT geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.

Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to maintain written standards of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if they have a real or apparent conflict of interest. Such conflicts of interest would arise when the employee, officer or agent, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity.

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Under 2 C.F.R. 200.318(c)(2), if the recipient or subrecipient (other than states) has a parent, affiliate, or subsidiary organization that is not a state, local, tribal, or territorial government, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. In this context, organizational conflict of interest means that because of a relationship with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The non-federal entity must disclose in writing any potential conflicts of interest to FEMA or the pass-through entity in accordance with applicable FEMA policy.

c. Supply Schedules and Purchasing Programs
Generally, a non-federal entity may seek to procure goods or services from a federal supply schedule, state supply schedule, or group purchasing agreement.

I. G ENERAL SERVICES ADMINISTRATION SCHEDULES
States, tribes, and local governments, and any instrumentality thereof (such as local education agencies or institutions of higher education) may procure goods and services from a General Services Administration (GSA) schedule. GSA offers multiple efficient and effective procurement programs for state, tribal, and local governments, and instrumentalities thereof, to purchase products and services directly from pre-vetted contractors. The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal Supply Schedules) are long-term government-wide contracts with commercial firms that provide access to millions of commercial products and services at volume discount pricing.

Information about GSA programs for states, tribes, and local governments, and instrumentalities thereof, can be found at https://www.gsa.gov/resources-fo r/programs-for-
State-and-local-governments and https://www.gsa.gov/buying-selling/purchasing- programs/gsa-schedules/schedule-buyers/state-and-local-governments.

For tribes, local governments, and their instrumentalities that purchase off of a GSA schedule, this will satisfy the federal requirements for full and open competition provided that the recipient follows the GSA ordering procedures; however, tribes, local governments, and their instrumentalities will still need to follow the other rules under 2 C.F.R. §§ 200.317 – 200.327, such as solicitation of minority businesses, women’s business enterprises, small businesses, or labor surplus area firms (§ 200.321), domestic preferences (§ 200.322), contract cost and price (§ 200.324), and required contract provisions (§ 200.327 and Appendix II).

II. O THER SUPPLY SCHEDULES AND PROGRAMS
For non-federal entities other than states, such as tribes, local governments, and nonprofits, that want to procure goods or services from a state supply schedule, cooperative purchasing program, or other similar program, for such procurements to be permissible under federal requirements, the following must be true:

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• The procurement of the original contract or purchasing schedule and its use by the non-federal entity complies with state and local law, regulations, and written procurement procedures;
• The state or other entity that originally procured the original contract or purchasing schedule entered into the contract or schedule with the express purpose of making it available to the non-federal entity and other similar types of entities; • The contract or purchasing schedule specifically allows for such use, and the work to be performed for the non-federal entity falls within the scope of work under the contract as to type, amount, and geography;
• The procurement of the original contract or purchasing schedule complied with all the procurement standards applicable to a non-federal entity other than states under at 2 C.F.R. §§ 200.317 – 200.327; and,
• With respect to the use of a purchasing schedule, the non-federal entity must follow ordering procedures that adhere to applicable state, tribal, and local laws and regulations and the minimum requirements of full and open competition under 2 C.F.R. Part 200.

If a non-federal entity other than a state seeks to use a state supply schedule, cooperative purchasing program, or other similar type of arrangement, FEMA recommends the recipient discuss the procurement plans with its FEMA Preparedness Officer.

d. Procurement Documentation
Per 2 C.F.R. § 200.318(i), non-federal entities other than states and territories are required to maintain and retain records sufficient to detail the history of procurement covering at least the rationale for the procurement method, selection of contract type, contractor selection or rejection, and the basis for the contract price. States and territories are encouraged to maintain and retain this information as well and are reminded that for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g).

Examples of the types of documents that would cover this information include but are not limited to:
• Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals;
• Responses to solicitations, such as quotes, bids, or proposals; • Pre-solicitation independent cost estimates and post-solicitation cost/price analyses on file for review by federal personnel, if applicable;
• Contract documents and amendments, including required contract provisions; and, • Other documents required by federal regulations applicable at the time a grant is awarded to a recipient.
• Additional information on required procurement records can be found on pages 24-26 of the PDAT Field Manual.

8. Record Retention
a. Record Retention Period

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Financial records, supporting documents, statistical records, and all other non-federal entity records pertinent to a federal award generally must be maintained for at least three years from the date the final FFR is submitted. See 2 C.F.R. § 200.334. Further, if the recipient does not submit a final FFR and the award is administratively closed, FEMA uses the date of administrative closeout as the start of the general record retention period.

T
he record retention period may be longer than three years or have a different start date in certain cases. These include:
• Records for real property and equipment acquired with f ederal funds must be retained for three years after final disposition of the property. See 2 C.F.R. § 200.334(c). • If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. See 2 C.F.R. § 200.334(a).
• The record retention period will be extended if the non-federal entity is notified in writing of the extension by FEMA, the cognizant or oversight agency for audit, or the cognizant agency for indirect costs, or pass-through entity. See 2 C.F.R. § 200.334(b).
• Where FEMA requires recipients to report program income after the period of performance ends, the program income record retention period begins at the end of the recipient’s fiscal year in which program income is earned. See 2 C.F.R. § 200.334(e).
• For indirect cost rate computations and proposals, cost allocation plans, or any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), the start of the record retention period depends on whether the indirect cost rate documents were submitted for negotiation. If the indirect cost rate documents were submitted for negotiation, the record retention period begins from the date those documents were submitted for negotiation. If indirect cost rate documents were not submitted for negotiation, the record retention period begins at the end of the recipient’s fiscal year or other accounting period covered by that indirect cost rate. See 2 C.F.R. § 200.334(f).

b. Types of Records to Retain
FEMA requires that non-federal entities maintain the following documentation for federally funded purchases:
• Specifications
• Solicitations
• Competitive quotes or proposals
• Basis for selection decisions
• Purchase orders
• Contracts
• Invoices

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• Cancelled checks

Non-federal entities should keep detailed records of all transactions involving the grant.

FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337.

For any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g).

Non-federal entities who fail to fully document all purchases may find their expenditures questioned and subsequently disallowed.

9. Actions to Address Noncompliance
Non-federal entities receiving financial assistance funding from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards, including the terms set forth in applicable federal statutes, regulations, NOFOs, and policies.

Throughout the award lifecycle or even after an award has been closed, FEMA or the pass- through entity may discover potential or actual noncompliance on the part of a recipient or subrecipient. This potential or actual noncompliance may be discovered through routine monitoring, audits, closeout, or reporting from various sources.

In the case of any potential or actual noncompliance, FEMA may place special conditions on an award per 2 C.F.R. §§ 200.208 and 200.339, FEMA may place a hold on funds until the matter is corrected, or additional information is provided per 2 C.F.R. § 200.339, or it may do both. Similar remedies for noncompliance with certain federal civil rights laws are authorized pursuant to 44 C.F.R. Parts 7 and 19.

In the event the noncompliance is not able to be corrected by imposing additional conditions or the recipient or subrecipient refuses to correct the matter, FEMA might take other remedies allowed under 2 C.F.R. § 200.339. These remedies include actions to disallow costs, recover funds, wholly or partly suspend or terminate the award, initiate suspension and debarment proceedings, withhold further federal awards, or take other remedies that may be legally available. For further information on termination due to noncompliance, see the section on Termination Provisions in the NOFO.

FEMA may discover and take action on noncompliance even after an award has been closed.

The closeout of an award does not affect FEMA’s right to disallow costs and recover funds as long the action to disallow costs takes place during the record retention period. See 2 C.F.R. §§ 200.334, 200.345(a). Closeout also does not affect the obligation of the non-federal entity to return any funds due as a result of later refunds, corrections, or other transactions. 2 C.F.R. § 200.345(a)(2).

The types of funds FEMA might attempt to recover include, but are not limited to, improper payments, cost share reimbursements, program income, interest earned on advance payments, or equipment disposition amounts.

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FEMA may seek to recover disallowed costs through a Notice of Potential Debt Letter, a Remedy Notification, or other letter. The document will describe the potential amount owed, the reason why FEMA is recovering the funds, the recipient’s appeal rights, how the amount can be paid, and the consequences for not appealing or paying the amount by the deadline.

If the recipient neither appeals nor pays the amount by the deadline, the amount owed will become final. Potential consequences if the debt is not paid in full or otherwise resolved by the deadline include the assessment of interest, administrative fees, and penalty charges; administratively offsetting the debt against other payable federal funds; and transferring the debt to the U.S. Department of the Treasury for collection.

FEMA notes the following common areas of noncompliance for FEMA’s grant programs:
• Insufficient documentation and lack of record retention; • Failure to follow the procurement under grants requirements; • Failure to submit closeout documents in a timely manner; • Failure to follow EHP requirements; and,
• Failure to comply with the POP deadline.

10. Audits
FEMA grant recipients are subject to audit oversight from multiple entities including the DHS OIG, the GAO, the pass-through entity, or independent auditing firms for single audits, and may cover activities and costs incurred under the award. Auditing agencies such as the DHS OIG, the GAO, and the pass-through entity (if applicable), and FEMA in its oversight capacity, must have access to records pertaining to the FEMA award. Recipients and subrecipients must retain award documents for at least three years from the date the final FFR is submitted, and even longer in many cases subject to the requirements of 2 C.F.R. § 200.334. In the case of administrative closeout, documents must be retained for at least three years from the date of closeout, or longer subject to the requirements of 2 C.F.R. § 200.334.

If documents are retained longer than the required retention period, the DHS OIG, the GAO, and the pass-through entity, as well as FEMA in its oversight capacity, have the right to access these records as well. See 2 C.F.R. §§ 200.334, 200.337.

Additionally, non-federal entities must comply with the single audit requirements at 2 C.F.R.

Part 200, Subpart F. Specifically, non-federal entities, other than for-profit subrecipients, that expend $750,000 or more in federal awards during their fiscal year must have a single or program-specific audit conducted for that year in accordance with Subpart F. 2 C.F.R. § 200.501. A single audit covers all federal funds expended during a fiscal year, not just FEMA funds. The cost of audit services may be allowable per 2 C.F.R. § 200.425, but non-federal entities must select auditors in accordance with 2 C.F.R. § 200.509, including following the proper procurement procedures. For additional information on single audit reporting requirements, see section III of this NOFO under the header “Single Audit Report” within the subsection “Additional Reporting Requirements”.

The objectives of single audits are to:

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• Determine if financial statements conform to generally accepted accounting principles (GAAP);
• Determine whether the schedule of expenditures of federal awards is presented fairly; • Understand, assess, and test the adequacy of internal controls for compliance with major programs; and,
• Determine if the entity complied with applicable laws, regulations, and contracts or grants.

For single audits, the auditee is required to prepare financial statements reflecting its financial position, a schedule of federal award expenditures, and a summary of the status of prior audit findings and questioned costs. The auditee also is required to follow up and take appropriate corrective actions on new and previously issued but not yet addressed audit findings. The auditee must prepare a corrective action plan to address the new audit findings. 2 C.F.R. §§ 200.508, 200.510, 200.511.

Non-federal entities must have an audit conducted, either single or program-specific, of their financial statements and federal expenditures annually or biennially pursuant to 2 C.F.R. § 200.504. Non-federal entities must also follow the information submission requirements of 2 C.F.R. § 200.512, including submitting the audit information to the Federal Audit Clearinghouse within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The audit information to be submitted include the data collection form described at 2 C.F.R. § 200.512(c) and Appendix X to 2 C.F.R. Part 200 as well as the reporting package described at 2 C.F.R. § 200.512(b).

T
he non-federal entity must retain one copy of the data collection form and one copy of the reporting package for three years from the date of submission to the Federal Audit Clearinghouse. 2 C.F.R. § 200.512; see also 2 C.F.R. § 200.517 (setting requirements for retention of documents by the auditor and access to audit records in the auditor’s possession).

FEMA, the DHS OIG, the GAO, and the pass-through entity (if applicable), as part of monitoring or as part of an audit, may review a non-federal entity’s compliance with the single audit requirements. In cases of continued inability or unwillingness to have an audit conducted in compliance with 2 C.F.R. Part 200, Subpart F, FEMA and the pass-through entity, if applicable, are required to take appropriate remedial action under 2 C.F.R. § 200.339 for noncompliance, pursuant to 2 C.F.R. § 200.505.

11. Payment Information
FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. Payment requests are submitted through FEMA GO.

12. Whole Community Preparedness
Preparedness is a shared responsibility that calls for the involvement of everyone—not just the government—in preparedness efforts. By working together, everyone can help keep the

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nation safe from harm and help keep it resilient when struck by hazards, such as natural disasters, acts of terrorism, and pandemics.

Whole Community i ncludes:
• Individuals and families, including those with access and functional needs • Businesses
• Faith-based and community organizations
• Nonprofit groups
• Schools and academia
• Media outlets
• All levels of government, including state, local, tribal, territorial, and federal partners

The phrase “Whole Community” often appears in preparedness materials, as it is one of the guiding principles. It means two things:

1. Involving people in the development of national preparedness documents ; and,

2. Ensuring their roles and responsibilities are reflected in the content of the materials.

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13. Appendix A – FY 2022 SAFER Program Updates
Appendix A contains a brief list of changes between FY 2021 and FY 2022 to the SAFER Program. The FY 2022 SAFER Program funding notice contains some changes to definitions, descriptions, and priority categories. Changes include:

• Under Application Review Information
o FEMA will only review SAFER applications that fall within the competitive range instead of reviewing every application.

• Under Additions to the Application:
o The NFPA 1710 and 1720 standards concerning personnel deployment and response times to fires and medical emergencies were updated in the application tables to reflect NFPA 1710/1720 standards.

• Under R&R Activity – Eligible Costs:
o Length of Service Award Program was moved to high priority.

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14. Appendix B – Programmatic Information and Priorities Appendix B contains details on SAFER Program information and priorities. Reviewing this information may help applicants make their application(s) more competitive.

a. Ineligible Applications and/or Organizations
Volunteer and combination fire departments may apply for funding under both the Hiring Activity and the R&R Activity; however, departments must complete separate applications for each activity. Applicants are limited to one application per activity, per application period. If an applicant submits two applications for the same activity during a single application period, FEMA will disqualify both applications.

If two or more of the following entities have different funding streams, personnel rosters, and EINs but share the same facilities, FEMA considers them as being separate organizations for the purposes of FY 2022 SAFER Program eligibility:
• Fire departments
• National, state, local, federally recognized tribal, and non-profit interest organizations

However, if two or more organizations share facilities and each submits an application in the same activity (e.g., Hiring of Firefighters), FEMA reserves the right to review and compare all of those program area applications to determine eligibility and review for potential overlap to avoid duplication of benefits.

Examples of ineligible applications and/or organizations include:
• For-profit organizations, federal agencies, and individuals; • Fire departments that are a Federal Government entity, or contracted by the Federal Government, and are solely responsible under a formally recognized agreement for suppression of fires on federal installations or land;
• Fire departments that are not independent entities but are part of, controlled by, or under the day-to-day operational command and control of a larger department, agency or AHJ;
o However, if a fire department is considered to be the same legal entity as a municipality or other governmental organization, and otherwise meets the eligibility criteria, that municipality or other governmental organization may apply on behalf of that fire department as long as the application clearly states that the fire department is considered part of the same legal entity. • State or local agencies, or subsets of any governmental entities, or any authorities that do not meet the requirements as defined by 15 U.S.C. § 2229a(a)(1)(A) and (a)(2); • Ambulance services, emergency medical service organizations, rescue squads, auxiliaries, dive teams, and urban search and rescue teams; and, • Non-federal airport or port authority fire departments whose sole responsibility is the suppression of fires on the airport grounds or port facilities, unless the airport/port fire department has a formally recognized arrangement with the local jurisdiction to provide fire suppression on a first-due basis outside the confines of the airport or port facilities.

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• Eligible applicants may submit only one application for each eligible activity (Hiring Activity and R&R Activity); all submissions of duplicate applications may be disqualified.
• If an applicant submits two or more applications for the same activity, both applications may be disqualified.
o This is different from when where an entity is applying on behalf of other organizations that are agencies or instrumentalities of the applicant (e.g., multiple fire departments under the same county, city, borough, parish, or other municipality). In that situation, the applicant may request similar or the same costs as long as the application clearly states which costs (including quantities) are for which agency/instrumentality. This is permissible even if that entity submits multiple applications across regional versus direct applications.

b. Supporting Definitions for this NOFO
Attrition is a gradual reduction in work force without laying off personnel, e.g., when workers resign or retire and are not replaced.

Authority Having Jurisdiction (AHJ) is that person or office charged with enforcing the NFPA codes (Per NFPA101-2015 Edition: Life Safety Code).

Automatic Aid is a plan developed between two or more fire departments for immediate joint response on first alarms (Per NFPA 1710 – 2020 edition and NFPA 1720 – 2020).

Benefits, as defined in 2 C.F.R. § 200.431, means the regular compensation paid to employees during periods of authorized absences from the job, e.g., vacation leave, sick leave, military leave. Benefits may include employer contributions or expenses for social security, employee insurance, workmen’s compensation, and pension plan costs, and the like, whether treated as indirect costs or as direct costs, and are also eligible and shall be distributed to particular awards and other activities in a manner consistent with the pattern of benefits accruing to the individuals or group of employees whose salaries and wages are chargeable.

Career Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters.

Combination Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has paid firefighting personnel and volunteer firefighting personnel. FEMA considers a fire department with firefighting personnel paid a stipend, on a per event basis, or paid on- call, to be a combination fire department.

Emergency Medical Services Organization is a public or private organization that provides direct emergency medical services, including medical transport.

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Fire Department is an agency or organization that has a formally recognized arrangement with a state, territory, local government, or tribal authority (city, county, parish, fire district, township, town, village, or other governing body) to provide fire suppression on a first-due basis to a fixed geographical area. Fire departments may be comprised of members who are volunteer, career, or a combination of volunteer and career.

Firefighter is an individual having the legal authority and responsibility to engage in fire suppression; employed by a fire department of a municipality, county, fire district, or state, engaged in the prevention, control, and extinguishing of fires; and/or responding to emergency situations in which life, property, or the environment is at risk. This individual must be trained in fire suppression, but may also be trained in emergency medical care, hazardous materials awareness, rescue techniques, and any other related duties provided by the fire department.

Formal Layoff Notice is official notice of a layoff. Any layoff notice should align with the local rules and regulations that govern civil service employment in the jurisdiction. In order to be reasonable to employees, and to provide employees facing layoff actions a clear understanding of the impending action, any notice of layoff should be in writing and delivered to a specific employee affected by the action. The notice should identify a specific date employment will cease or specific event that would trigger the termination of employment. The notice should be delivered or otherwise presented directly to the affected employee in advance of the layoff action in accordance with the civil service provisions or union agreement in force in the jurisdiction taking action (e.g., 60 days prior to the effective date of the layoff action). The notice should specify whether the action is permanent or temporary, as well as provide the anticipated schedule of layoffs.

Initial Full Alarm Assignment is the personnel, equipment, and resources ordinarily dispatched upon notification of a structural fire.

Majority Career departments are considered majority career if more than 50% of the active firefighting membership is salaried staff.

Majority Volunteer departments are considered majority volunteer if more than 50% of the active firefighting membership is NOT compensated for service other than a nominal stipend and/or insurance.

Mutual Aid is a written intergovernmental agreement between agencies and/or jurisdictions stating that they will assist one another on request by furnishing personnel, equipment, and/or expertise in a specified manner (NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, 2020 edition; and NFPA 1720 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments, 2020 Edition).

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National, State, Local, or Federally Recognized Tribal Organizations that Represent the Interests of Volunteer Firefighters are organizations that support or represent the interests of firefighters in front of legislative bodies at the local, state, tribal, and/or federal level. Such organizations include, but are not limited to, state or local firefighter and/or fire chiefs’ associations; and volunteer firefighter relief organizations and associations. FEMA shall make the final determination as to whether an applicant is an appropriate volunteer firefighter interest group.

New Recruit is a volunteer that joins the department with the intent to serve as a firefighter, after the recipient is notified of the grant award (the date of the award notification email in the FEMA GO mail center).

Nominal Stipend is a stipend that does not exceed 20% of what the fire department would otherwise pay to hire a full-time firefighter to perform the services for which the stipend is provided. Whether a stipend falls above or below the 20% threshold may be determined in one of two ways. Departments that maintain paid full-time firefighters on their payrolls may compare the stipend to the salary they pay a full-time firefighter who performs similar services to determine whether the stipend is more or less than 20% of that salary.

Departments that do not maintain full time firefighters on their payrolls may make the determination based on a comparison to the salary paid to a full-time firefighter in a neighboring jurisdiction, elsewhere in the state or ultimately the nation, and may also utilize data from the U.S. Department of Labor’s Bureau of Labor Statistics. A nominal stipend may also include reimbursements to volunteer firefighters for approximate out-of- pocket expenses they incur.

If a stipend paid exceeds 20% of the prevailing wage calculated as described above, then the firefighter receiving compensation would not qualify as a volunteer and is considered an employee who may be covered by the Fair Labor Standards Act (FLSA) minimum wage and overtime provisions.

Operational Budget is the funding supporting fire-related programs and/or emergency response activities (e.g., salaries, maintenance, equipment, apparatus).

Operational Position is a position with a primary assignment (more than 50% of time) on a fire suppression vehicle, regardless of collateral duties, in support of the department's NFPA 1710 or NFPA 1720 compliance.

Paid-on-Call is defined as firefighters who are paid a stipend for each event to which they respond. Paid-on-call firefighters may be considered paid firefighters or volunteer firefighters, depending on whether the stipend they receive is a nominal stipend. For the purposes of this SAFER Program, a department whose membership is comprised of all volunteer firefighters, including any paid-on-call firefighters who receive only a nominal stipend, will be considered a volunteer fire department. Also, for the purposes of this

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SAFER Program, a department whose membership is composed of any paid-on-call firefighters who receive more than a nominal stipend will be considered a combination fire department. Also refer to the definition of a nominal stipend.

Part-Time Firefighter is a firefighter who works less than 40 hours per week. When more than one part-time firefighter shares a position that results in work in excess of 40 hours per week, FEMA considers that shared assignment to be a Full-Time Equivalent position that must be accounted for in the staffing information provided in the application.

Primary First Due is a geographic area surrounding a fire station in which a company from that station is projected to be first to arrive on the scene of an incident.

Salary is a fixed payment made by an employer to an employee to compensate for a regular work schedule. Typically, the payment is made on a monthly, biweekly, or weekly basis but often expressed as an annual sum. The salary structure should be documented in writing by the employer. Note: Only costs for overtime that an employer routinely pays as a part of a firefighter’s regularly scheduled and contracted shift hours to comply with FLSA are eligible salary costs under the Hiring Activity.

State is defined as any of the 50 states, the District of Columbia, Puerto Rico, the U.S.

Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Staffing and Deployment is the minimum staffing requirements to ensure a sufficient number of members are available to operate safely and effectively as defined in NFPA 1710 and 1720.

Supplanting is to replace or take place of funds that would otherwise be available from state or local sources, or the Bureau of Indian Affairs.

Volunteer Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has an all-volunteer force of firefighting personnel.

c. Application Tips
The following information may be useful when preparing a competitive application:
i. NFPA – “FREE ACCESS”: as part of its commitment to enhancing public safety and supporting the emergency responder, the NFPA makes its codes and standards available online for free. Please visit http://www.nfpa.org/freeaccess. ii. For the most competitive applications, select those local need(s) that most closely align with one or more SAFER Program funding priorities. iii. Applications differ based on the applicant type. For example, the Hiring Activity application will be different from the fire department application for the R&R Activity; the R&R application will be different for a fire department than an interest organization. Be sure to select the appropriate applicant type when applying.

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iv. When filling out the online application, applicants are required to provide basic demographic information regarding their organization and the community served, and must provide detailed information regarding the items or activities for which they are seeking funding.
v. If awarded, the application request(s) may be modified during the award review process; if the awarded activities, Scope of Work, or amount(s) do not match the application as submitted, the grant recipient shall only be responsible for completing the activities actually funded. The grant recipient is under no obligation to start, modify, or complete any activities requested, but not funded by this award. Please review the Award Package.

d. Funding Limitations
Specific funding parameters are either required by law or are the outcome of recommendations from the CDP. Each requirement is identified below, followed by the source of the requirement noted in parentheses:
• A total of 10% of the funding appropriated for FY 2022 SAFER Program awards is set aside for the recruitment and retention of volunteer firefighters (15 U.S.C. § 2229a(a)(2)).
o No more than 33% of the total amount allocated for the recruitment and retention of volunteers can be awarded to national, state, local, territorial, or federally recognized tribal organizations that represent the interests of volunteer firefighters (CDP).
• A total of 10% of funding appropriated for FY 2022 SAFER Program awards is set aside for grants awarded to all volunteer or majority volunteer departments for hiring of firefighters (15 U.S.C. § 2229a(a)(1)(H)).
o A majority volunteer fire department is one that more than half its personnel do not receive financial compensation for their services, other than life, health, and worker’s compensation insurance, or a nominal stipend payment, including certain paid-on-call personnel. Although applications are normally awarded based on total score (high to low), in order to meet this 10% statutory set aside the SAFER Program Office may be required to fund an application that meets the criteria for the set aside instead of a higher-scoring application that does not meet the set aside criteria (15 U.S.C. § 2229a(a)(1)(H)).
o If FEMA awards less than 10% of the funds available for the hiring of firefighters to volunteer and majority volunteer fire departments, it must transfer the remaining funds to provide grants for the recruitment and retention of volunteer firefighters (15 U.S.C. § 2229a(a)(1)(H)).

e. Restrictions on Uses of Award Funds
• Under the R&R Activity, applications that request a Staffing Needs Assessment and/or Risk Assessment project are precluded from applying for additional R&R- related activities.

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• Applicants may not use award funds for matching funds for any other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings.
• Applicants may not use federal funds to sue the Federal Government or any other government entity.

f. Funding Priorities
Meeting the National Standards
FEMA prioritizes bringing non-compliant (NFPA 1710 or 1720) departments into compliance in the most cost-effective manner.

FEMA will ask applicants general questions about the NFPA standard they are attempting to meet as well as their current ability to meet that standard (without the use of overtime).

FEMA will also ask applicants to indicate what their ability will be to meet that same standard if awarded grant funds.

Having additional firefighters on staff should improve a local fire department’s ability to comply with the staffing, response, and operational standards that enhance community and firefighter safety.

Applications resulting in the largest percentage increases in compliance with the relevant section of NFPA 1710 (for career departments) or 1720 (for volunteer departments) receive higher pre-scores than applications resulting in smaller percentage increases in compliance.

Note: SAFER Program grants focus only on the Deployment, or Staffing and Deployment sections of these two standards, respectively.
• NFPA 1710 Assembly Requirements – Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Department (Section 5.2.4.1 – Single-Family Dwelling Initial Full Alarm Assignment Capability). This standard applies primarily to career fire departments and combination departments if the combination department chooses it.
• NFPA 1720 Assembly Requirements – Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments (Section 4.3 – Staffing and Deployment). This standard applies primarily to all-volunteer fire departments, but it may also apply to combination departments if the combination department does not choose to comply with the NFPA 1710 standard.

g. Hiring Activity Overview
Grants awarded under the Hiring Activity enable volunteer, combination, and career fire departments to improve or restore staffing levels to attain a more effective level of response and a safer incident scene. FEMA awards Hiring Activity grants directly to volunteer,

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combination, and career fire departments to help fire departments increase their cadre of frontline firefighters by providing financial assistance in three categories:
i. Rehire: Rehiring firefighters who were laid off within the two years prior to the start of the application period;
ii. Retention: Retaining firefighters facing imminent layoff (within 120 days of the close of the application period); or,
iii. New Hire: Hire new, additional firefighters.

All of the following are considerations in pre-scoring and peer review determinations:

High ( ), Medium ( ), Low ( )

1. Compliance with NFPA Standards
The tables below identify the priority levels for current and new compliance with the NFPA 1710/1720 standards discussed in subsection f. Funding Priorities - Meeting the National Standards of this NOFO.

Current (Pre-Award) 1710/1720 Compliance Priorities
Never or 0% Half of the time or 40-59%
Rarely or 1-19% Very often or 60-79%
Sometimes or 20-39% Most of the time or 80-100%

New (Post-Award) 1710/1720 Compliance Priorities
Always or 91-100% Half of the time or 40-59%
Most of the time or 80-90% Sometimes or 20-39%
Very often or 60-79% Rarely or 0-19%

2. Call Volume and Population Served
Department call volume and population served are both factors in the initial application evaluation. Departments responding to a higher number of incidents and departments that protect a larger jurisdiction will receive higher consideration than those departments responding to fewer incidents and protecting smaller jurisdictions.

3. Firefighter Health Measures
The health and well-being of firefighters is of paramount importance. Therefore, applicants who indicate newly hired firefighters will undergo an entry-level physical and receive immunizations and who indicate they will provide annual medical exams receive higher consideration than applicants who do not specify that these benefits will be provided. To qualify for this higher consideration, the physicals must be consistent with those required under NFPA 1582 Chapter 6, Medical Evaluations of Candidates

6.1, and Chapter 9, Essential Job Tasks – Specific Evaluation of Medical Conditions in Members.

Applicants should note that FEMA is working with the NFPA Technical Committee on Fire Service Occupational Safety and Health to evaluate whether the NFPA 1582

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standard complies with applicable federal civil rights laws. No decisions have been made and FEMA will issue additional guidance if and when more information becomes available.

Entry-Level Medical Exams
NFPA 1582-compliant physicals Non-NFPA 1582-compliant physicals

Annual Medical Exams
NFPA 1582-compliant physicals Non-NFPA 1582-compliant physicals

4. Training Requirements
Applicants will receive higher pre-scores if the personnel funded under the grant will meet the minimum EMS training and certification requirements prescribed by the AHJ.

h. R&R Activity – Fire Departments Overview
Grants awarded under the R&R Activity - Fire Departments assist fire departments with the recruitment and retention of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response. The grants are intended to create a net increase in the number of trained, certified, and competent firefighters capable of safely responding to emergencies within the recipient’s response area.

All of the following are considerations in pre-scoring and peer review determinations.

Program priorities are listed as: High ( ), Medium ( ), or Low ( ).

1. Compliance with NFPA Standards
The highest priority is to assist departments experiencing a high rate of turnover and that have staffing levels significantly below the ideal staffing level required to comply with NFPA standard 1710 or 1720 as discussed in subsection f. Funding Priorities - Meeting the National Standards of this NOFO.

2. Volunteer Membership
Departments or organizations with the highest percentage of volunteers should benefit the most from the recruitment and retention of volunteer firefighters. Therefore, applicants whose membership is comprised of mostly volunteer members, or have a significant number of volunteer firefighters, receive higher consideration.

Percentage of Volunteer Firefighters
91-100% 41-50%
81-91% 31-40%
71-80% 21-30%
61-70% 11-20%
51-60% 1-10%

3. Call Volume
Department call volume is a factor in the initial evaluation. Departments responding to a

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higher number of incidents receive higher consideration.

4. Firefighter Health Measures
Applicants who indicate the newly recruited firefighters will undergo an entry-level physical and receive immunizations, and who indicate they will provide annual medical exams receive higher consideration. To qualify for this higher consideration, the physicals must be consistent with those required under NFPA 1582 Chapter 6, Medical Evaluations of Candidates, and Chapter 9, Essential Job Tasks – Specific Evaluation of Medical Conditions in Members. Applicants who provide worker’s compensation/ Accidental Death & Dismemberment (AD&D) benefits to their members receive higher consideration than applicants who do not specify these benefits will be provided.

Applicants should note that FEMA is working with the NFPA Technical Committee on Fire Service Occupational Safety and Health to evaluate whether the NFPA 1582 standard complies with applicable federal civil rights laws. No decisions have been made and FEMA will issue additional guidance if and when more information becomes available.

Entry-Level Medical Exams
NFPA 1582-compliant physicals Non-NFPA 1582-compliant physicals

Annual Medical Exams
NFPA 1582-compliant physicals Non-NFPA 1582-compliant physicals

5. Firefighter Training and Certification Requirements

Firefighter
Both Firefighter (FF) II/Emergency
Medical Technician (EMT)
FF I
FF II First Responder
Both FF I/EMT

6. R&R Coordinator/Program Manager/Grant Administrator

R&R Coordinator
Applicants who currently have a coordinator, program manager, or grant administrator in place
Applicants who request grant funding for a coordinator, program manager, or grant administrator’s position
Applicants who do not have, or are not requesting, a coordinator, program manager, or grant administrator

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7. Regional Requests
Applications that will have a direct regional or local benefit beyond the immediate boundaries of the applicant’s first-due area will receive higher consideration.

A regional request is an opportunity for an eligible R&R Activity organization to act as a host and apply for funding on behalf of itself and any number of other participating R&R Activity eligible organizations. Regional activities should achieve cost effectiveness, support regional efficiency and resilience, and have a direct regional or local benefit to more than one local jurisdiction (county, parish, town, township, city, or village). Direct regional or local benefit means that other eligible organizations will receive a portion of the grant-awarded funds, will receive items purchased with the grant funds, or share an item purchased with grant funds.

The community identification characteristic, the organizational status of the applicant, and the permanent resident population should be entered for the host entity, regardless of the composition of the participating partners.

Regional populations served are the aggregate of the geographically fixed areas of the host and participating partner organizations.

Neither the regional host nor any participating partner is prevented from also applying on behalf of their own organization for any SAFER Program Activity. However, it cannot be for the same item.

In completing the application, the host applicant must include a list of all participating organizations, including a point of contact and phone number for each organization that will directly benefit from the regional project if they receive the grant. The organizations that will benefit from the R&R Activity may also apply for funding under the SAFER Program as long as the organizations do not apply for a project or activity that could conflict with or duplicate the host applicant’s project. Applicants must also certify that they will ensure the organizations participating in this application have not received grants for similar items/activities.

To apply for a regional project, the host organization must agree, if awarded, to be responsible for all aspects of the grant. This includes, but is not limited to, cost share, accountability for the assets, and all reporting requirements in the regional application.

All participants of a regional application must be compliant with SAFER Program requirements, including being current with past grants, closeouts, and other reporting requirements. Upon notification by the SAFER Program Office, the host agency shall not distribute grant-funded assets or provide grant-funded contractual services to non- compliant partner organizations. The host and the delinquent partners will be notified by the SAFER Program Office of their specific deficiency.

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Regional host applicants and participating partner agencies must execute a Memorandum of Understanding (MOU) or equivalent document signed by the host and all participating organizations participating in the award. The MOU must specify the individual and mutual responsibilities of the host and participating partners, the host’s and participants’ level of involvement in the project(s), the participating partners’ EINs, and the proposed distribution of all grant-funded assets or contracted services. Any entity named in the application as benefiting from the award must be an eligible SAFER Program organization and must be a party to the MOU or equivalent document. Copies of the MOU or equivalent document should be submitted as an attachment in the application.

i.

R&R Activity – National, State, Local, Territorial, or Federally Recognized Tribal Volunteer Firefighter Interest Organizations (Interest Organizations) Overview Grants awarded under the R&R Activity – Interest Organizations allows applicants who identify as an Interest Organization to apply for R&R Activity funding. The grants are intended to create an aggregate increase in the number of trained, certified, and competent firefighters capable of safely responding to emergencies on behalf of the fire departments being represented. For this reason, projects that are comprehensive in nature and based on a clear needs assessment, implementation plan, evaluation plan, and have, or will establish, fire service partnerships will receive higher consideration.

In completing the application, the applicant must include data that approximates the characteristics of the entire region and/or all fire departments affected by the grant. If awarded, recipients may be required to provide documentation of each fire department’s consent to participate in the application. Applicants must also certify that they will ensure the fire departments participating in this application have not received grants for similar items/activities. The following identifies the elements that the applications will be evaluated on during the pre-scoring process. Automated (pre-score) evaluation scores represent 30% of the total application score.

All of the following are considerations in pre-scoring and peer review determinations.

Program priorities are listed as: High ( ), Medium ( ), or Low ( ).

1. Compliance with NFPA Standards
The highest priority is to assist departments experiencing a high rate of turnover that have staffing levels significantly below the ideal staffing level required to comply with NFPA standards 1710 or 1720 as discussed in subsection f. Funding Priorities - Meeting the National Standards of this NOFO. Interest Organizations that currently have the lowest recruitment and retention rates among the entire region and/or all fire departments benefitting from the grant funds receive higher consideration for funding.

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2. R&R Coordinator/Program Manager/Grant Administrator

R&R Coordinator
Applicants who currently have a coordinator, program manager, or grant administrator in place
Applicants who request grant funding for a coordinator, program manager, or grant administrator’s position
Applicants who do not have, nor are not requesting, a coordinator, program manager, or grant administrator

3. Needs Assessment

Needs Assessment
Applicants with projects based on a
needs assessment
Applicants with projects that are not
based on a needs assessment

4. Fire Service Partnerships

Fire Service Partnerships
Applicants who have, or will establish,
fire service partnerships as part of this
project
Applicants who will not have, nor
establish, fire service partnerships as
part of this project

j. Eligible and Ineligible Costs and Requirements
Regardless of the eligibility of any costs requested or the results of the review of the application conducted in accordance with Section E – Application Review Information of this NOFO, FEMA reserves the right to approve the activities requested in an application in whole or in part.

Hiring Activity – Eligible Costs and Requirements
Eligible Costs:
• Salary and associated benefits (actual payroll expenses) for the positions funded under the SAFER Program grant are eligible. Costs are reimbursable if they are included as part of the standard package, available to all operational firefighter positions, contractually obligated, and reimbursed via payroll. Refer also to the definitions in Appendix B – Programmatic Information and Priorities, subsection b. Supporting Definitions for this NOFO.
• Compensation for a firefighter’s normal, contracted work schedule is reimbursable, but overtime costs are not eligible for reimbursement by the SAFER Program grant award (including overtime for holdovers, extra shifts, to attend training, etc.). Only costs for overtime that the fire department routinely pays as a part of the base salary or a firefighter’s regularly scheduled and contracted shift hours, in order to comply with

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FLSA, are eligible. For more information on FLSA, please visit the U.S. Department of Labor.
• Salaries and benefits of firefighters hired with SAFER Program funding while they are engaged in initial recruit training are eligible.

Eligibility Requirements:
• Only firefighters hired (New Hire category) or rehired (Rehire category) after the SAFER Program grant offer of award (except if awarded under the Retention category) are eligible for grant funding.
• Only full-time positions are eligible for funding in all three categories. A full-time position is one position that is funded for at least 2,080 hours per year, e.g., 40 hours per week, 52 weeks per year.
• SAFER Program grant funds will only pay for operational positions, in all three categories, whose primary assignment (more than half the time) is on a fire suppression vehicle, regardless of collateral duties.
• Volunteer and mostly volunteer fire departments may also hire individuals to fill officer- level positions (e.g., chief, fire inspector, training officer, safety officer) in addition to their primary operational assignment.
• Eligible positions for funding under the Rehire category must have been laid off in the two years prior to the start of the application period on *February 13, 2023. Copies of the official, signed, and issued layoff notices will be required at the time of application. • Firefighters who have been issued a formal layoff notice, which includes a specific date for the layoff action, prior to the start of the application period, and those who face imminent layoff – within 120 days of the close of the application period – are eligible for SAFER Program funding under the Retention category. As the application period closes on *March 17, 2023, the layoffs must become effective on or before *July 15, 2023.

Copies of the official, signed, and issued layoff notices will be required at the time of application.
• Eligible positions under the Retention category must be employees of the department at the time the application is submitted. Note: if a retention position becomes vacant after the application is submitted, departments must fill the vacancy with a new hire in order to maintain the operational staffing level.
• A layoff notice that is not executed within the specified terms will be considered void (unless an additional notice is provided within 14 days of the original action date) and will not qualify for funding in the Rehire or Retention categories. Applicants who do not meet these parameters must apply under the New Hire category. • Any layoff action not executed in accordance with the terms of the official layoff notice, or which does not meet the above requirements will not qualify for funding in the Rehire or Retention categories. Applicants who do not meet these parameters must apply under the New Hire category.