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Home My WebLink About15 - Acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management AgencyQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report August 24, 2021 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net PREPARED BY: Mary Locey, Administrative Division Manager, mlocey@nbfd.net PHONE: 949-644-3352 TITLE: Acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency ABSTRACT: In February 2021, Fire Department staff applied for a Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant to offset the cost of installing vehicle exhaust systems in six of the department's fire stations. On July 30, staff was notified by FEMA of its intent to award Newport Beach a $274,900 grant. Acceptance of the grant requires a 10 percent share ($27,490) from the City of Newport Beach (City), and it must be accepted within 30 days from notification of award (by August 29). RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve the grant and accept the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant award in the amount of $274,900; and c) Approve Budget Amendment No. 22-007 to increase revenue estimates by $274,900 in account 75604-431390-G2240 (Fire Equipment -FEMA -Vehicle Exhaust Systems) and increase expenditure appropriations by $302,390 in account 75604 -911013- G2240 5604 -911013- G2240 (Fire Equipment -Assist Firefighter Grant -Vehicle Exhaust Systems). DISCUSSION: The Fire Department submitted an Assistance to Firefighters Grant (AFG) application to the Department of Homeland Security, Federal Emergency Management Agency (FEMA) on February 7, 2021. The AFG program's objective is to provide funding directly to fire departments for the purpose of protecting the health and safety of the public and first responder personnel. The Fire Department submitted the grant application with the intention of the funds being used to supplement the cost of installing vehicle exhaust extraction systems in qualifying fire stations. 15-1 Acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency August 24, 2021 Page 2 On July 30, the Fire Department was notified of FEMA's intent to award a $274,900 grant to aid in the system purchase and installation. The City's acceptance of the grant includes a 10 percent cost share, approximately $27,490, and the grant needs to be accepted within 30 days, no later than Sunday, August 29. Background According to a 2013 National Institute for Occupational Safety and Health study, "firefighters have a 9% higher risk of being diagnosed with cancer and a 14% higher risk of dying from cancer than the general public." In addition, the International Agency for Research on Cancer (IARC) has studied cancer causing agents in-depth and developed a system of categories. Diesel engine exhaust is classified in Group 1, the highest classification of carcinogenic agents, citing there is sufficient evidence of carcinogenicity in exposed humans. For comparison, the IARC classified gasoline exhaust in Group 2B, which is possibly carcinogenic to humans. The Fire Department has made significant changes to protocols and provides regular education to minimize the risk of cancer for our personnel. Addressing the exposure from diesel engine exhaust in the stations will continue to enhance safety. The vehicle exhaust system is designed to capture and vent the airborne particles from the apparatus exhaust outside of the stations. This is achieved through a system developed to quickly connect and disconnect to the tailpipe of the apparatus. Thereby, the exhaust does not contaminate the apparatus bay and living quarters of the station. These systems have been shown to remove nearly 100 percent of the vehicle exhaust and help provide a safe living and working environment for fire personnel. The Fire Department has eight fire stations, which house 38 fire personnel and 17 apparatus 24 hours a day, seven days a week. The AFG program limits its funding to facilities that were built before 2003; thus, two of the stations are not eligible. A detailed breakdown and an estimated cost per station is shown in the below table. Fire Station Year Built Facility Age Daily Personnel Apparatus* Estimated Cost #1 Peninsula 1963 58 3 1 $37,570 #2 Lido 1952 69 8 3 $49,895 #3 Fashion Island 1972 49 10 5 $99,030 #4 Balboa Island 1994 27 3 2 $32,100 #5 Corona del Mar 2019 2 5 N/A N/A #6 Mariners 1959 62 3 1 $26,798 #7 Santa Ana Heights 2007 14 3 N/A N/A #8 Newport Coast 1995 26 3 2 $56,997 38 14 $302,390 *Number of apparatus identified for vehicle exhaust system installation. 15-2 Acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency August 24, 2021 Page 3 The successful award of the AFG funds allows the City to install several vehicle exhaust systems at one time. Should the City Council approve the grant, staff will coordinate with the Finance Department to conduct a request for qualifications to select a vendor to provide the equipment and installation of the vehicle exhaust systems. The Fire Department will return to City Council for consideration of a contract at a future meeting. FISCAL IMPACT: The Fire Department requested an informal review of the stations to obtain a cost estimate for the vehicle exhaust systems. The vendor provided a cost for the equipment and installation of the system per station, which was submitted with the grant and is reflected in the table on the previous page. The cost of maintenance and repair of the system will be absorbed in the Fire Department's operating budget. At the time of submitting the AFG application, the existing Fire Station No. 2 Lido was eligible for system installation. With the new Station No. 2 construction estimated for completion in February 2022, the installation may not be completed under this grant. Therefore, the Fire Department will reduce that amount from the final reimbursement request (FEMA does not remit funds in advance). For the Station No. 2 rebuild project, staff worked with the project team to obtain a quote for an exhaust system and discussed the options. The vehicle exhaust subcontractor submitted a proposal to the general contractor in the amount of $112,182. Including a project contingency, staff identified $125,000 from the Fire Department's fiscal year 2021- 22 operating budget to secure a change order for installation of a vehicle exhaust system in the new facility. Installing the system during construction eliminates the need to cut into a brand-new building and potentially void any warranties. The two remaining stations (No. 5 Corona del Mar and No. 7 Santa Ana Heights) will be reviewed and considered in future operational budgets. If approved by the City Council, the Budget Amendment increases revenue estimates by $274,900 in account 75604-431390-G2240 (Fire Equipment -FEMA -Vehicle Exhaust Systems) and increases expenditure appropriations by $302,390 in account 75604- 911013-)2240 (Fire Equipment -Assist Firefighter Grant -Vehicle Exhaust Systems). The City's 10 percent share of $27,490 will be expensed from 75604-300000 (Fire Equipment - Fund Control Balance). =1ki1y/1is]kiIJil=1kiINCTO N ATA IA►ITS Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 15-3 Acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency August 24, 2021 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — FEMA Award Notification Attachment B — Budget Amendment No. 22-007 15-4 Attachment A FEMA Award Notification 15-5 Award Letter Effective date: 06/08/2021 STEVEN MONTANO NEWPORT BEACH INC, CITY OF 100 CIVIC CENTER DR NEWPORT BEACH, CA 92660 EMW-2020-FG-13591 Dear STEVEN MONTANO, U.S. Department of Homeland Security Washington, D.C. 20472 Fp FEMA NIJ 5 Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2020 Assistance to Firefighters Grant (AFG) Grant funding opportunity has been approved in the amount of $274,900.00 in Federal funding. As a condition of this grant, you are required to contribute non -Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $27,490.00 for a total approved budget of $302,390.00. Please see the FY 2020 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: Summary Award Memo - included in this document - Agreement Articles - included in this document - Obligating Document - included in this document 2020 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, Christopher Logan Acting Assistant Administrator Grant Programs Directorate 15-6 Summary Award Memo Program: Fiscal Year 2020 Assistance to Firefighters Grant Recipient: NEWPORT BEACH INC, CITY OF DUNS number: 060752482 Award number: EMW-2020-FG-13591 Summary description of award The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards. After careful consideration, FEMA has determined that the recipients project or projects submitted as part of the recipients application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Programs purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for FY 2020 Fiscal Year (FY) 2020 Assistance to Firefighters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): 15-7 Object Class Total Personnel $0.00 Fringe benefits $0.00 Travel $0.00 Equipment $302,390.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect charges $0.00 Federal $274,900.00 Non-federal $27,490.00 Total $302,390.00 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2020 AFG NOFO. Approved request details: Modify facilities 15-8 Source Capture Exhaust System(s) DESCRIPTION Vehicle exhaust system QUANTITY UNIT PRICE TOTAL 1 $99,030.00 $99,030.00 BUDGET CLASS Equipment Source Capture Exhaust System(s) DESCRIPTION Vehicle exhaust system QUANTITY 1 BUDGET CLASS Equipment UNIT PRICE TOTAL $32,100.00 $32,100.00 Source Capture Exhaust System(s) DESCRIPTION Vehicle exhaust system QUANTITY 1 BUDGET CLASS Equipment UNIT PRICE TOTAL $37,570.00 $37,570.00 15-9 Source Capture Exhaust System(s) DESCRIPTION Vehicle exhaust system QUANTITY 1 BUDGET CLASS Equipment UNIT PRICE TOTAL $56,997.00 $56,997.00 Source Capture Exhaust System(s) DESCRIPTION Vehicle exhaust system QUANTITY 1 BUDGET CLASS Equipment UNIT PRICE TOTAL $26,798.00 $26,798.00 Source Capture Exhaust System(s) DESCRIPTION Vehicle exhaust system QUANTITY 1 BUDGET CLASS Equipment UNIT PRICE TOTAL $49,895.00 $49,895.00 15-10 Agreement Articles Program: Fiscal Year 2020 Assistance to Firefighters Grant Recipient: NEWPORT BEACH INC, CITY OF DUNS number: 060752482 Award number: EMW-2020-FG-13591 Table of contents 15-11 Article Assurances, Administrative Requirements, Cost Principles, Representations and 1 Certifications Article DHS Specific Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad 4 Article Age Discrimination Act of 1975 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information 7 Article Civil Rights Act of 1964 — Title VI 8 Article Civil Rights Act of 1968 9 Article Copyright 10 Article Debarment and Suspension 11 Article Drug -Free Workplace Regulations 12 Article Duplication of Benefits 13 Article Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX 14 Article Energy Policy and Conservation Act 15 Article False Claims Act and Program Fraud Civil Remedies 16 Article Federal Debt Status 17 Article Federal Leadership on Reducing Text Messaging while Driving 18 Article Fly America Act of 1974 19 Article Hotel and Motel Fire Safety Act of 1990 20 Article Limited English Proficiency (Civil Rights Act of 1964, Title VI) 21 Article Lobbying Prohibitions 22 Article National Environmental Policy Act 23 Article Nondiscrimination in Matters Pertaining to Faith -Based Organizations 24 Article Non -Supplanting Requirement 25 15-12 Article Notice of Funding Opportunity Requirements 26 Article Patents and Intellectual Property Rights 27 Article Procurement of Recovered Materials 28 Article Rehabilitation Act of 1973 29 Article Reporting of Matters Related to Recipient Integrity and Performance 30 Article Reporting Subawards and Executive Compensation 31 Article SAFECOM 32 Article Terrorist Financing 33 Article Trafficking Victims Protection Act of 2000 (TVPA) 34 Article Universal Identifier and System of Award Management 35 Article USA PATRIOT Act of 2001 36 Article Use of DHS Seal, Logo and Flags 37 Article Whistleblower Protection Act 38 Article Acceptance of Post Award Changes 39 Article Prior Approval for Modification of Approved Budget 40 Article Disposition of Equipment Acquired Under the Federal Award 41 Article Environmental Planning and Historic Preservation (EHP) Review 42 Article EHP Compliance Review Required 43 15-13 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications 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 applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. 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. By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that the recipient policies are in accordance with OMB guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. 15-14 Article 2 DHS Specific 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. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30 -day deadline. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 15-15 Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PH they collect. DHS defines PH 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 at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june2010.pdf and Privacy Template at https://www.dhs.gov/sites/defauIt/fiIes/publications/privacy_pia_template 2017.pdf as useful resources respectively. Article 8 Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. 15-16 Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug -Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 15-17 Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729-3733, which prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 17 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 18 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 19 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. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. 15-18 Article 20 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, 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 the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.) Article 21 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported -organizations -provide -meaningful -access -people - limited and additional resources on http://www.lep.gov. Article 22 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 23 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 24 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. 15-19 Article 25 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 26 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 27 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Article 28 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 29 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified as amended at 29 U.S.C. § 794) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 30 Reporting of Matters Related to Recipient Integrity and Performance 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. 15-20 Article 31 Reporting Subawards and Executive Compensation 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 32 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 33 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 34 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 35 Universal Identifier and System of Award Management 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 36 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), Pub. L. No. 107-56, which amends 18 U.S.C. §§ 175-175c. Article 37 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. 15-21 Article 38 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 39 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK- GMD@fema.dhs.gov if you have any questions. Article 40 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. § 200.308. FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. § 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. 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 41 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients 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. § 200.313. 15-22 Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website at: https://www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article 43 EHP Compliance Review Required Under the Modification to a Facility, Equipment, or a component in the Wellness and Fitness Activity, this award includes work, such as ground disturbance, that triggers an EHP compliance review. The recipient is prohibited from committing, obligating, expending, or drawing down FY20 Assistance to Firefighters Grant funds in support of the Modification to Facility, Equipment or a component in the Wellness and Fitness Activity that requires the EHP compliance review, with a limited exception for any approved costs associated with the preparation, conducting, and completion of required EHP reviews. See the FY20 Assistance to Firefighters Grant NOFO for further information on EHP requirements and other applicable program guidance, including FEMA Information Bulletin No. 404. The recipient is required to obtain the required DHS/FEMA EHP compliance approval for this project pursuant to the FY20 Assistance to Firefighters Grant NOFO prior to commencing work for this project. DHS/FEMA will notify you when the EHP compliance review is complete, and work may begin. If the recipient requests a payment for one of the activities requiring EHP compliance review, FEMA may not make a payment for that work while the EHP compliance review is still pending. If FEMA discovers that work has been commenced under one of those activities prematurely, FEMA may disallow costs incurred prior to completion of the EHP compliance review and the receipt of DHS/FEMA approval to begin the work. Please contact your DHS/FEMA AFG Help Desk at 1-866-274-0960 or FireGrants@fema.dhs.gov to receive specific guidance regarding EHP compliance. If you have questions about this term and condition or believe it was placed in error, please contact the relevant Preparedness Officer. 15-23 Obligating document 1.Agreement No. 2. Amendment 3. Recipient 4. Type of 5. Control No. EMW-2020-FG- No. No. Action WX00641 N2021 T 13591 N/A 956000751 AWARD J 6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and Address Address Address NEWPORT BEACH INC, Grant Programs Directorate FEMA, Financial Services CITY OF 500 C Street, S.W. Branch 100 CIVIC CENTER DR Washington DC, 20528-7000 500 C Street, S.W., Room NEWPORT BEACH, CA 1-866-927-5646 723 92660 Washinaton DC. 20742 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Project Officer No. Coordinator Phone STEVEN MONTANO 9496443123 Assistance to Firefighters No. Grants Grant Program 1-866- 274-0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 06/15/2021 to 06/08/2021 OTHER -FEMA COST SHARING 06/14/2023 GO Budget Period 06/15/2021 to 06/14/2023 5. Description of Action a. (Indicate funding data for awards or financial hanges) Program Assistan Name Listings Abbreviation No. AFG 97.044 Accounting Prior Amount Current Cumulative Data(ACCS Total Awarded Total Non -Federal Code) Award This Action Award Commitment 2021-FO- GB01 - $0.00 P410-xxxx- 4101-D Totals $0.00 4,900.00 $274,900.001$27,490.00 4,900.001$274,900.001$27,490.00 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A is field is not applicable for digitally signed grant agreements 15-24 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICAL (Name and Title) DATE Christopher Logan, Acting Assistant Administrator Grant 06/08/2021 Programs Directorate 15-25 Department: Fire Requestor: Mary Locey City of Newport Beach BUDGET AMENDMENT 2021-22 ONETIME: ❑- Yes ❑ No ATTACHMENT B BA#: 22-007 Approvals ❑ CITY MANAGER'S APPROVAL ONLY ,y T Finance Director: ��""`�,`'`' se Date 0 COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase revenue estimates and expenditure appropriations from the acceptance of the Assistance to Firefighters ❑ from existing budget appropriations Grant (AFG) from the Federal Emergency Management Agency (FEMA). The AFG will offset the cost of installing vehicle ❑ from additional estimated revenues exhaust extraction systems in six of the department's fire stations. ❑ from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ 756 75604 431390 G2240 FIRE EQUIPMENT NON OP - FEMA 274,900.00 Subtotal; $ 274,900.00 EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 756 75604 911013 G2240 FIRE EQUIPMENT NON OP - ASSIST FF GRANT 302,390.00 Subtotal .$ 302,390.00 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 756 300000 FIRE EQUIPMENT FUND - FUND BALANCE CONTROL (27,490.00) Subtotal $ (27,490.00) Fund Balance Change Required 15-26