City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01745 10/11/2022 Consent Item 10.
Grant: Annual Federal Funds for California Task Force Seven (CA-TF7) Urban Search and Rescue (US&R) Team
File ID: 2022-01745
Location: Citywide
Recommendation: Adopt a Resolution: 1) authorizing the City Manager or the City Manager’s designee to: a) accept federal funds and/or equipment in the amount awarded for CA-TF7 US&R; 2) establishing the CA-TF7 US&R Operating Grant Project (G12502200); 3) authorizing the City Manager or the City Manager’s designee to establish revenue and expenditure budgets in G12502200 in an amount up to $1,332,150 in the Operating Grant Fund (Fund 2702); and 4) accepting all eligible CA-TF7 US&R grant-related expenditures beginning September 1, 2022.
Contact: Chris Costamagna, Fire Chief & US&R Sponsoring Agency Chief, (916) 808-2200, [email protected], Fire Department; Allison Narramore, Administrative Officer, (916) 808-1629, [email protected], Fire Department Presenter: None.
Attachments:
1-Description/Analysis
2-Resolution
3-Award Letter
Description/Analysis
Issue Detail: The City of Sacramento is the sponsoring agency for the California Task Force Seven (CA-TF7) Urban Search and Rescue (US&R) Team. Each year, the City applies for annual federal funding from the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) for the operation of CA-TF7. This year, the Notice of Funding Opportunity (NOFO) was significantly delayed, which delayed the submittal of our application. On September 11, 2022, the City of Sacramento Fire Department submitted the application to DHS/FEMA to receive this annual funding to support CA-TF7. On September 21, 2022, DHS/FEMA authorized an award amount of $1,332,150 with a performance period of September 1, 2022, to August 31, 2025. This report City of Sacramento Page 1 of 3
File ID: 2022-01745 10/11/2022 Consent Item 10.
recommends that Council authorize the City Manager, or his designee, the Fire Chief, to accept the awarded funds of $1,332,150, for Federal Fiscal Year (FY) 2022, with an anticipated performance period of 36 months.
Policy Considerations: Acceptance of the federal US&R funding is consistent with City Council action relative to state and federal grant awards.
The US&R grant funds will provide federal funds that will be used to staff, train, and equip CA-TF7, a regional/national emergency response team.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed activity is not a project pursuant to the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15378 (b)(2). The activity is a continuing administrative or maintenance activity, such as the purchases for supplies, personnel-related actions, general policy and procedure making and is not subject to CEQA. CEQA Guidelines Section 15060(c)(3).
Sustainability: There are no sustainability considerations applicable to the acceptance of federal funding reimbursing DHS/FEMA directed activities.
Commission/Committee Action: None.
Rationale for Recommendation: The City of Sacramento Fire Department is the sponsoring agency for the FEMA US&R Team CA-TF7. The team also includes numerous participating agencies from the Greater Sacramento area, and various affiliated personnel. The US&R grant helps foster regional interagency collaboration and increased effectiveness in the Sacramento Operational Area.
The City of Sacramento Fire Department is responsible for organizing, equipping, and maintaining the specialized equipment cache, training task force personnel, and mobilizing the team upon activation. Staff recommends authorization for the City Manager, or his designee, to accept any funds and/or equipment awarded in order to continue the operation of CA-TF7.
Financial Considerations: The approval and adoption of the attached Resolution does not impact the General Fund, nor is there any obligation on the part of the City for matching funds. The CA-TF7 US&R grant funds will be used for expenses, including but not limited to personnel costs, training, storage and maintenance, and purchase of supplies and equipment in order to maintain a state of readiness, and to meet the grant reporting and audit requirements. Staff is recommending the CA- TF7 US&R Operating Grant Project (G12502200) be established with revenue and expenditure City of Sacramento Page 2 of 3
File ID: 2022-01745 10/11/2022 Consent Item 10.
budgets in an amount up to $1,332,150 in the Operating Grant Fund (Fund 2702).
Local Business Enterprise (LBE): Staff will follow the local business enterprise guidelines when purchasing any supplies or services under this cooperative agreement.
City of Sacramento Page 3 of 3
RESOLUTION NO.
Adopted by the Sacramento City Council
Grant: Annual Federal Funds for California Task Force Seven (CA-TF7), Urban Search and Rescue (US&R) Team
BACKGROUND
A. The California Task Force 7 (CA-TF7), Urban Search and Rescue (US&R) Team, sponsored by the City of Sacramento, consists of personnel from the City of Sacramento Fire Department, various other participating agencies and affiliated personnel. The Fire Department, representing the City as the sponsoring agency, is responsible for organizing, equipping, and maintaining the specialized equipment cache, training task force personnel, and mobilizing the team upon activation.
B. Each year, the City of Sacramento Fire Department, as the sponsoring agency, must submit an application to the Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA) to receive annual funding to support the administrative requirements, training, equipment maintenance and/or purchases in order to ensure the task force readiness of CA-TF7. There is no obligation on the part of the City to match any funds awarded. If the grant is not awarded, the program ends with the last approved cooperative agreement and funding.
C. On September 11, 2022, the City of Sacramento Fire Department submitted the application to DHS/FEMA to receive this annual funding to support CA-TF7.
D. On September 21, 2022, DHS/FEMA authorized an award amount of $1,332,150 to support the CA-TF7, with a performance period of September 1, 2022, to August 31, 2025.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager, or the City Manager’s designee, is authorized to accept federal funds and/or equipment in an amount up to $1,332,150 awarded under the Fiscal Year 2022 National Urban Search & Rescue Response System Readiness Cooperative Agreement for California Task Force Seven, Urban Search and Rescue Team (CA-TF7 US&R).
Section 2. The CA-TF7 US&R Operating Grant Project (G12502200) is hereby established.
Section 3. The City Manager or the City Manager’s designee is authorized to establish the revenue and expenditure budgets in G12502200 for an amount up to $1,332,150 or the final grant award amount in the Operating Grant Fund (Fund 2072).
Section 4. All eligible CA-TF7 US&R grant (G12502200) related expenditures beginning September 1, 2022, are accepted.
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Leyne Milstein
City of Sacramento Fire Department
5770 Freeport Boulevard
Suite 200
Sacramento, CA 95822 -
Re: Grant No. EMW-2022-CA-00073
Dear Leyne Milstein:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2022 National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement has been approved in the amount of $1,332,150.00. You are not required to match this award with any amount of non-Federal funds.
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:
• Agreement Articles (attached to this Award Letter)
• Obligating Document (attached to this Award Letter)
• FY 2022 National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement Notice of Funding Opportunity.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please log in to the ND Grants system at https://portal.fema.gov.
Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub-menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review.
Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records.
System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that the UEI number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http://www.sam.gov.
If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process.
PAMELA SUSAN WILLIAMS
Agreement Articles
Thu Sep 01 00:00:00 GMT 2022
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement GRANTEE: City of Sacramento Fire Department
PROGRAM: National Urban Search & Rescue
(US&R) Response System Readiness
Cooperative Agreement
AGREEMENT NUMBER: EMW-2022-CA-00073-S01
TABLE OF CONTENTS
Article I Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Article II General Acknowledgements and Assurances
Article III Acknowledgement of Federal Funding from DHS Article IV Activities Conducted Abroad
Article V Age Discrimination Act of 1975
Article VI Americans with Disabilities Act of 1990
Article VII Best Practices for Collection and Use of Personally Identifiable Information
Article VIII Civil Rights Act of 1964 - Title VI
Article IX Civil Rights Act of 1968
Article X Copyright
Article XI Debarment and Suspension
Article XII Drug-Free Workplace Regulations
Article XIII Duplication of Benefits
Article XIV Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX
Article XV Energy Policy and Conservation Act
Article XVI False Claims Act and Program Fraud Civil Remedies Article XVII Federal Debt Status
Article XVIII Federal Leadership on Reducing Text Messaging while Driving
Article XIX Fly America Act of 1974
Article XX Hotel and Motel Fire Safety Act of 1990
Article XXI John S. McCain National Defense Authorization Act of Fiscal Year 2019
Article XXII Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Article XXIII Lobbying Prohibitions
Article XXIV National Environmental Policy Act
Article XXV Nondiscrimination in Matters Pertaining to Faith-Based Organizations
Article XXVI Non-Supplanting Requirement
Article XXVII Notice of Funding Opportunity Requirements Article XXVIII Patents and Intellectual Property Rights Article XXIX Procurement of Recovered Materials
Article XXX Rehabilitation Act of 1973
Article XXXI Reporting of Matters Related to Recipient Integrity and Performance
Article XXXII Reporting Subawards and Executive Compensation Article XXXIII Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article XXXIV SAFECOM
Article XXXV Terrorist Financing
Article XXXVI Trafficking Victims Protection Act of 2000 (TVPA) Article XXXVII Universal Identifier and System of Award Management Article XXXVIII USA PATRIOT Act of 2001
Article XXXIX Use of DHS Seal, Logo and Flags
Article XL Whistleblower Protection Act
Article XLI Environmental Planning and Historic Preservation (EHP) Review
Article XLII Applicability of DHS Standard Terms and Conditions to Tribes
Article XLIII Acceptance of Post Award Changes
Article XLIV Disposition of Equipment Acquired Under the Federal Award Article XLV Prior Approval for Modification of Approved Budget Article XLVI Indirect Cost Rate
Article XLVII DHS Standard Terms and Conditions Generally Article XLVIII Program Income
Article XLIX Cooperative Agreement
Article L Renovation and Modification Costs
Article LI Warehouse Leases
Article LII Performance Goals
Article I - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency.
II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III. By accepting this agreement,recipients,andtheirexecutives,as defined in 2 C.F.R.section170.315, certifythat their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
Article II - General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award.
After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.
Article III - Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
Article IV - Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article V - Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
Article VI - Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101 - 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
Article VII - Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
Article VIII - Civil Rights Act of 1964 - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R.
Part 7.
Article IX - Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R.
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units - i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) - be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
Article X - Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S.
Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Article XI - Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
Article XII - Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106).
Article XIII - Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
Article XIV - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
Article XV - Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
Article XVI - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.) Article XVII - Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XVIII - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.
Article XIX - Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
Article XX - Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a.
Article XXI - John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
Article XXII - Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.
Article XXIII - Lobbying Prohibitions
Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.
Article XXIV - National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
Article XXV - Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R.
Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs.
Article XXVI - Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
Article XXVII - Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.
Article XXVIII - Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14.
Article XXIX - Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
Article XXX - Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Article XXXI - Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
Article XXXII - Reporting Subawards and Executive Compensation Reporting of first tier subawards:
Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.
Article XXXIII - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials 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 Sections 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.
Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States--this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(3) all construction materials are manufactured in the United States--this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO.
To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov.
Article XXXIV - SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
Article XXXV - Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
Article XXXVI - Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons:
Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference.
Article XXXVII - Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.
Article XXXVIII - USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections 175-175c.
Article XXXIX - Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
Article XL - Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XLI - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. In order to initiate EHP review of your project(s), you must submit a detailed project description along with supporting documentation. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.
Article XLII - Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
Article XLIII - Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to [email protected] if you have any questions.
Article XLIV - Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures.
Article XLV - Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308.
For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved.
For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work.
You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.
Article XLVI - Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file.
Article XLVII - DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
Article XLVIII - Program Income
Per 2 CFR section 200.307, recipients are encouraged to earn income to defray program costs where appropriate. Program income means gross income earned by the recipient that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in 2 CFR section 200.307 paragraph (f).Program income includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, and principal and interest on loans made with Federal award funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the Federal award, program income does not include rebates, credits, discounts, and interest earned on any of them. When the recipient earns program income under this cooperative agreement, this program income must be added to the Federal award as described by 2 CFR section 200.307(e)(2)). The program income must be used for the purposes and under the conditions of the Federal award.
Article XLIX - Cooperative Agreement
Program authority and responsibility under this cooperative agreement resides with FEMA and the recipient, consistent with the terms of the award, including the Notice of Funding Opportunity. FEMA will work with the recipient to review and refine work plans to ensure program goals and objectives can be effectively accomplished. The recipient and its subrecipients shall not develop or engage in the development of tasks not approved in recipient's application without post-award approval from the FEMA program office, and the issuance of a Grant Amendment from FEMA. FEMA will monitor the project on a continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction, in consultation with the recipient, as needed.
Article L - Renovation and Modification Costs
Except for minor renovations and modifications of existing warehouse facilities that do not change the footprint of the structure, construction and renovation costs are not allowed. Examples of permissible minor renovation and modification costs include but are not limited to office/storage space build-ouVreconfiguration, ceilings, loading docks/doors, lighting, HVAC, and security fencing.
The National US&R Branch approval is required for reimbursement of renovation and modification costs.
The purpose of allowing minor renovation and modification costs is to ensure the equipment cache is maintained as required under the National Urban Search and Rescue Response program. See 42 U.S.C. section 5165f(l)(2); 44 C.F.R. section 208.23(c)(4).
Article LI - Warehouse Leases
Task force management is reminded you may only use cooperative agreement funds to pay for warehouse leases for a twelve month consecutive period within the overall period of performance and that there is no guarantee of cooperative agreement funding in future years. See Section VI, Cooperative Agreement Funding at pages 3-4. Task forces may write contracts with an available fund's clause or option years for protection.
Article LII - Performance Goals
The objective of the FY 2022 National Urban Search and Rescue (US&R) Response System (the System) is to provide funding for 28 national task forces staffed and equipped to assist State and local governments to conduct around-the- clock search-and-rescue operations following a Presidentially declared major disaster or emergency under the Stafford Act.
FEMA will measure the effectiveness of the Cooperative Agreement program by comparing the input of federal resources used to sustain readiness of the System and local jurisdictions to respond and deploy to no-notice and notice events within the timeframes specified for each particular category of incident and locality upon having received a request from the Authority Having Jurisdiction. In addition, FEMA will evaluate whether the recipientAls activities provided for the sustainment and readiness of the System and local jurisdiction in support of OHS Mission 5, Goal 5.1: Enhance National Readiness, which seeks to reduce the vulnerability of individuals and families and mitigate risks to communities. In order to measure performance, FEMA may request information throughout the period of performance and in response to the recipientAls final performance report submitted at closeout.
BUDGET COST CATEGORIES
Personnel $565,238.00
Fringe Benefits $263,426.00
Travel $50,000.00
Equipment $86,116.00
Supplies $91,298.00
Contractual $223,572.00
Construction $0.00
Indirect Charges $0.00
Other $52,500.00
Obligating Document for Award/Amendment
1a. AGREEMENT NO.
EMW-2022-CA-00073-S01
2. AMENDMENT NO.
***
3. RECIPIENT
NO.
N/A
4. TYPE OF ACTION
AWARD
5. CONTROL NO.
WX05430N2022T ,
WX05432N2022T ,
WX05431N2022T
6. RECIPIENT NAME AND
ADDRESS
City of Sacramento Fire
Department
5770 Freeport Boulevard
Suite 200
Sacramento, CA, 95822 -
7. ISSUING FEMA OFFICE AND
ADDRESS
FEMA-GPD
400 C Street, SW, 3rd floor
Washington, DC 20472-3645
POC: 866-927-5646
8. PAYMENT OFFICE AND ADDRESS
FEMA Finance Center
430 Market Street
Winchester, VA 22603
9. NAME OF RECIPIENT
PROJECT OFFICER
Chris Costamagna
PHONE NO.
9168081604
10. NAME OF FEMA PROJECT COORDINATOR
Central Scheduling and Information Desk
Phone: 800-368-6498
Email: [email protected]
11. EFFECTIVE DATE OF
THIS ACTION
09/21/2022
12. METHOD
OF
PAYMENT
PARS
13. ASSISTANCE ARRANGEMENT
Cost Reimbursement
14. PERFORMANCE PERIOD
From: To:
09/01/2022 08/31/2025
Budget Period
09/01/2022 08/31/2025
1 5. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM
NAME
ACRONYM
CFDA NO. ACCOUNTING DATA
(ACCS CODE)
XXXX-XXX-XXXXXX-
XXXXX-XXXX-XXXX-X
PRIOR
TOTAL
AWARD
AMOUNT
AWARDED
THIS
ACTION
+ OR (-)
CURRENT
TOTAL
AWARD
CUMULATIVE NON-
FEDERAL COMMITMENT
National Urban
Search &
Rescue (US&R)
Response
System
Readiness
Cooperative
Agreement
97.025 2022-OS-A392-D60D- -4101-D $0.00 $1,332,150.00 $1,332,150.00 See Totals National Urban
Search &
Rescue (US&R)
Response
System
Readiness
Cooperative
Agreement
97.025 2022-OS-A392-D60D- -4101-D $0.00 $0.00 $0.00 See Totals National Urban
Search &
Rescue (US&R)
Response
System
Readiness
Cooperative
Agreement
97.025 2022-OS-A392-D60D- -4101-D $0.00 $0.00 $0.00 See Totals $0.00 $1,332,150.00 $1,332,150.00 $0.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Allison Narramore,
DATE
Wed Sep 21 20:07:22 GMT
2022
18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA SUSAN WILLIAMS,
DATE
Wed Sep 21 13:23:21 GMT
2022