HomeMy WebLinkAbout25-176 Resolution No. 25-176
RESOLUTION
ACCEPTING THE DEPARTMENT OF HOMELAND SECURITY (DHS) AND FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT UNDER THE STAFFING FOR
ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, be and is hereby authorized and directed to accept the
Department of Homeland Security and Federal Emergency Management Agency (FEMA) Grant
under the Staffing For Adequate Fire and Emergency Response (SAFER) Program on behalf of
the City of Elgin in the amount of$3,028,501.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: October 8, 2025
Adopted: October 8, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date:09/24/2025
ivy= FEMA
Josh Smith
CITY OF ELGIN
150 DEXTER CT.
ELGIN, IL 60120
EMW-2024-FF-00139
Dear Josh Smith,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the
Fiscal Year(FY) 2024 Staffing for Adequate Fire and Emergency Response (FF) Grant funding
opportunity has been approved in the amount of$3,028,500.96 in Federal funding.
As a condition of this award,you are required to contribute non-Federal funds equal to or greater than
the non-Federal share percentage in the following table:
Year Non-Federal Share: Percentage of Federal Share: Percentage of
Actual Costs Actual Costs
First Year 25% 75%
Second 25% 75%
Year
Third Year 65% 35%
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
• 2024 FF 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,
Stacey Street
Deputy Assistant Administrator
Grants Program Directorate
Summary Award Memo
Program: Fiscal Year 2024 Staffing for Adequate Fire and Emergency Response
Recipient:CITY OF ELGIN
UEI-EFT: NX1VYN6MFXU9
Award number: EMW-2024-FF-00139
Summary description of award
The purpose of the SAFER Grant Program is to provide funding directly to fire departments and
volunteer firefighter interest organizations to assist in increasing the number of firefighters to help
communities meet industry minimum standards and attain 24-hour staffing to provide adequate
protection from fire and fire-related hazards,and to fulfill traditional missions of fire departments.After
careful consideration, FEMA has determined that the recipient's project or projects submitted as part of
the recipient's application and detailed in the project narrative as well as the request details section of
the application—including budget information—was consistent with the SAFER Grant Program's
purpose and was worthy of award.
Except as otherwise approved as noted in this award,the information you provided in your application
for Fiscal Year(FY)2024 Staffing for Adequate Fire and Emergency Response(SAFER) Grant funding
is incorporated into the terms and conditions of this award.This includes any documents submitted as
part of the application.
Position Cost Limit
The usual cost of a first-year firefighter in your department at the time your application was submitted
was$1,637,027.54.The maximum amount of Federal funding provided to the recipient is limited to the
following:
Year Federal Funding Cap Federal Funding Cap Amount per Firefighter
Percent
First Year 75% $1,227,770.66
Second Year 75% $1,227,770.66
Third Year 35% $572,959.64
Amount awarded
The amount of the award is detailed in the attached Obligating Document for Award.The cost share
amounts described in this award letter are based on the approved total project cost; however, the
Federal funding available is limited based on the applicable position cost limit and the applicable cost
share as applied to actual costs.
The following are the total approved budgeted estimates for object classes for all funded firefighter
positions for this award (including Federal share plus your cost share, if applicable, as applied to the
estimated costs):
Object Class First Year Second Year Third Year Total
Personnel $939.599.10 $939,599.10 $939,599.10 $2,818,797.30
Fringe benefits $697,428.45 $697,428.45 $697,428.45 $2,092,285.35
Travel $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00 $0.00
Contractual $0.00 $0.00 $0.00 S0.00
Construction $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00 $0.00
Indirect charges $0.00 $0.00 $0.00 $0.00
Federal $1,227,770.66 $1,227,770.66 $572,959.64 $3,028,500.96
Non-federal $409,256.89 $409,256.89 $1,064,067.91 $1,882,581.69
Total $1,637,027.55 $1,637,027.55 $1,637,027.55 $4,911,082.65
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 FY2024 FF
NOFO.
Approved request details:
Hiring of Firefighters
New, Additional Firefighter(s)
BENEFITS FUNDED
Benefits include;health insurance,life insurance,pension cost,workers compensation cost and
medicare.
NUMBER OF ANNUAL ANNUAL TOTAL PER
FIREFIGHTERS SALARY PRICE BENEFITS FIREFIGHTER
9 $104,399.90 $77,492.05 $181,891.95
3 YEAR TOTAL
$4,911,082.65
Agreement Articles
Program: Fiscal Year 2024 Staffing for Adequate Fire and Emergency Response
Recipient:CITY OF ELGIN
UEI-EFT: NX1VYN6MFXU9
Award number. EMW-2024-FF-00139
Table of contents
Article Assurance, Administrative Requirements, Cost Principles, Representations, and
1 Certifications
Article General 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 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS
8
Article Civil Rights Act of 1964—Title VI
9
Article Civil Rights Act of 1968
10
Article Communication and Cooperation with the Department of Homeland Security and
11 Immigration Officials
Article Copyright
12
Article Debarment and Suspension
13
Article Drug-Free Workplace Regulations
14
Article Duplicative Costs
15
Article Education Amendments of 1972 (Equal Opportunity in Education Act)—Title IX
16
Article Energy Policy and Conservation Act
17
Article Equal Treatment of Faith-Based Organizations
18
Article Anti-Discrimination
19
Article False Claims Act and Program Fraud Civil Remedies
20
Article Federal Debt Status
21
Article Federal Leadership on Reducing Text Messaging while Driving
22
Article Fly America Act of 1974
23
Article Hotel and Motel Fire Safety Act of 1990
24
Article John S. McCain National Defense Authorization Act of Fiscal Year 2019
25
Article Limited English Proficiency(Civil Rights Act of 1964,Title VI)
26
Article Lobbying Prohibitions
27
Article National Environmental Policy Act
28
Article National Security Presidential Memorandum-33 (NSPM-33) and provisions of the
29 CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
Article Non-Supplanting Requirement
30
Article Notice of Funding Opportunity Requirements
31
Article Patents and Intellectual Property Rights
32
Article Presidential Executive Orders
33
Article Procurement of Recovered Materials
34
Article Rehabilitation Act of 1973
35
Article Reporting Recipient Integrity and Performance Matters
36
Article Reporting Subawards and Executive Compensation
37
Article Required Use of American Iron, Steel,Manufactured Products, and Construction
38 Materials
Article SAFECOM
39
Article Subrecipient Monitoring and Management
40
Article System for Award Management and Unique Entity Identifier Requirements
41
Article Termination of a Federal Award
42
Article Terrorist Financing
43
Article Trafficking Victims Protection Act of 2000(TVPA)
44
Article Uniting and Strengthening America by Providing Appropriate Tools Required to
45 Intercept and Obstruct Terrorism (USA PATRIOT)Act of 2001, Pub. L. 107-56
Article Use of DHS Seal, Logo and Flags
46
Article Whistleblower Protection Act
47
Article Environmental Planning and Historic Preservation (EHP) Review
48
Article Applicability of DHS Standard Terms and Conditions to Tribal Nations
49
Article Acceptance of Post Award Changes
50
Article Disposition of Equipment Acquired Under the Federal Award
51
Article Prior Approval for Modification of Approved Budget
52
Article Indirect Cost Rate
53
Article Build America, Buy America Act(BABAA) Required Contract Provision & Self-
54 Certification
Article Award Performance Goals
55
Article Termination of the Federal Award (Updated)
56
Article Payment Information (Updated)
57
Article Non-Applicability of Specific Agreement Articles
58
Article Non-Applicability of Specific Agreement Articles
59
Article 1 Assurance, Administrative Requirements, Cost Principles,
Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget(OMB)
Standard Form 424E 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.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in effect as of the federal award date and located in Title 2, Code of Federal
Regulations, Part 200 and adopted by DHS at 2 C.F.R.§3002.10.All recipients
and subrecipients must acknowledge and agree to provide DHS access to records,
accounts,documents, information,facilities, and staff pursuant to 2 C.F.R.§
200.337. I. Recipients must cooperate with any DHS compliance reviews or
compliance investigations. II. Recipients must give DHS access to examine and
copy records, accounts, and other documents and sources of information related to
the federal award and permit access to facilities and 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 required by law,federal regulation, Notice of Funding Opportunity,
federal award specific terms and conditions,and/or DHS Component program
guidance.Organization costs related to data and evaluation are allowable.The
definition of data and evaluation costs is in 2 C.F.R.§200.455(c), the full text of
which is incorporated by reference.V. Recipients must complete DHS Form 3095
within 60 days of receipt of the Notice of Award for the first award under which this
term applies. For further instructions and to access the form,please visit:
https://www.dhs.gov/civil-rightsresources-recipients-dhs-financial-assistance.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award 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
award funds.
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when
performing project activities outside the United States obtain all appropriate
licenses, permits, or approvals.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975, Pub.L. No.94-135(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
(1) Recipients who collect personally identifiable information (PII)as part of carrying
out the scope of work under a federal award are required to have a publicly
available privacy policy that describes standards on the usage and maintenance of
the PII they collect. (2) Definition. 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 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS
(1) Recipients of DHS research and development(R&D)awards must report to the
OHS Component research program office any finding or determination of sex based
and sexual harassment and/or an administrative or disciplinary action taken against
principal investigators or co-investigators to be completed by an authorized
organizational representative(AOR)at the recipient institution. (2) Notification.An
AOR must disclose the following information to agencies within 10 days of the
date/the finding is made,or 10 days from when a recipient imposes an
administrative action on the reported individual,whichever is sooner. Reports
should include: (a)Award number, (b) Name of PI or Co-PI being reported, (c)
Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email
address, (f) Indication of the report type: (i) Finding or determination has been made
that the reported individual violated awardee policies or codes of conduct, statutes,
or regulations related to sexual harassment,sexual assault,or other forms of
harassment, including the date that the finding was made. (ii) Imposition of an
administrative or disciplinary action by the recipient on the reporting individual
related to a finding/determination or an investigation of an alleged violation of
recipient policy or codes of conduct, statutes, or regulations,or other forms of
harassment. (iii)The date and nature of the administrative/disciplinary action,
including a basic explanation or description of the event,which should not disclose
personally identifiable information regarding any complaints or individuals involved.
Any description provided must be consistent with the Family Educational Rights in
Privacy Act. (3) Definitions. (a)An "authorized organizational representative(AOR)"
is an administrative official who,on behalf of the proposing institution, is empowered
to make certifications and representations and can commit the institution to the
conduct of a project that an agency is being asked to support as well as adhere to
various agency policies and award requirements. (b) "Principal investigators and
co-principal investigators"are award personnel supported by a grant,cooperative
agreement, or contract under Federal law. (c) A "reported individual" refers to
recipient personnel who have been reported to a federal agency for potential sexual
harassment violations. (d) "Sex based harassment"means a form of sex
discrimination and includes harassment based on sex, sex stereotypes, sex
characteristics, pregnancy or related conditions, sexual orientation,and gender
identity. (e) "Sexual harassment" means unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when this
conduct explicitly or implicitly affects an individual's employment, unreasonably
interferes with an individual's work performance,or creates an intimidating, hostile,
or offensive work environment,whether such activity is carried out by a supervisor
or by a co-worker, volunteer, or contractor.
Article 9 Civil Rights Act of 1964—Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of
1964, Pub. L. No.88-352(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. OHS implementing regulations for the Act are found at 6 C.F.R.
Part 21. Recipients of a federal award from the Federal Emergency Management
Agency(FEMA) must also comply with FEMA's implementing regulations at 44
C.F.R. Part 7.
Article 10 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.
90284 (codified as amended at 42 U.S.C.§3601 et seq.)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,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 11 Communication and Cooperation with the Department of Homeland
Security and Immigration Officials
(1) All recipients and other recipients of funds under this award must agree that they
will comply with the following requirements related to coordination and cooperation
with the Department of Homeland Security and immigration officials: (a) They must
comply with the requirements of 8 U.S.C.§§ 1373 and 1644.These statutes
prohibit restrictions on information sharing by state and local government entities
with DHS regarding the citizenship or immigration status, lawful or unlawful, of any
individual.Additionally, 8 U.S.C.§ 1373 prohibits any person or agency from
prohibiting, or in any way restricting, a Federal, State,or local government entity
from doing any of the following with respect to information regarding the immigration
status of any individual: 1) sending such information to,or requesting or receiving
such information from, Federal immigration officials;2) maintaining such
information; or 3) exchanging such information with any other Federal, State,or
local government entity; (b) They must comply with other relevant laws related to
immigration, including prohibitions on encouraging or inducing an alien to come to,
enter,or reside in the United States in violation of law, 8 U.S.C.§ 1324(a)(1)(A)(iv),
prohibitions on transporting or moving illegal aliens, 8 U.S.C.§ 1324(a)(1)(A)(ii),
prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8
U.S.C.§ 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting,or
attempt liability regarding these statutes; (c)That they will honor requests for
cooperation, such as participation in joint operations, sharing of information,or
requests for short term detention of an alien pursuant to a valid detainer.A
jurisdiction does not fail to comply with this requirement merely because it lacks the
necessary resources to assist in a particular instance; (d) That they will provide
access to detainees, such as when an immigration officer seeks to interview a
person who might be a removable alien:and (e)That they will not leak or otherwise
publicize the existence of an immigration enforcement operation. (2)The recipient
must certify under penalty of perjury pursuant to 28 U.S.C.§ 1746 and using a form
that is acceptable to DHS, that it will comply with the requirements of this term.
Additionally,the recipient agrees that it will require any subrecipients or contractors
to certify in the same manner that they will comply with this term prior to providing
them with any funding under this award. (3) The recipient agrees that compliance
with this term is material to the Government's decision to make or continue with this
award and that the Department of homeland Security may terminate this grant,or
take any other allowable enforcement action, if the recipient fails to comply with this
term.
Article 12 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 to
any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award (including the
federal award number and federal awarding agency).As detailed in 2 C.F.R. §
200.315. a federal awarding agency reserves a royalty-free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use the work for federal
purposes and to authorize others to do so.
Article 13 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension
regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R.
Part 180 as implemented by DHS at 2 C.F.R. Part 3000.These regulations prohibit
recipients from entering into covered transactions (such as subawards and
contracts)with certain parties that are debarred. suspended, or otherwise excluded
from or ineligible for participation in federal assistance programs or activities.
Article 14 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or
Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001,which adopts the
Government-wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace
Act of 1988(41 U.S.C.§§ 8101-8106).
Article 15 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be
included as a cost or used to meet cost sharing requirements of any other federal
award in either the current or a prior budget period. See 2 C.F.R.§200.403(f).
However, recipients may shift costs that are allowable under two or more federal
awards where otherwise permitted by federal statutes, regulations,or the federal
award terms and conditions.
Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act)—
Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. No.92-318 (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.
Recipients of a federal award from the Federal Emergency Management Agency
(FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part
19.
Article 17 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. No.94-163 (1975) (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 18 Equal Treatment of Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social
service programs administered or supported by DHS or its component agencies,
enabling those organizations to participate in providing important social services to
beneficiaries. Recipients must comply with the equal treatment policies and
requirements contained in 6 C.F.R. Part 19 and other applicable statutes,
regulations,and guidance governing the participations of faith-based organizations
in individual DHS programs.
Article 19 Anti-Discrimination
Recipients must comply with all applicable Federal anti-discrimination laws material
to the government's payment decisions for purposes of 31 U.S.C.§372(b)(4). (1)
Definitions.As used in this clause- (a) DEI means "diversity. equity, and inclusion."
(b) DEIA means "diversity, equity,inclusion, and accessibility." (c) Discriminatory
equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190
of January 29, 2025. (d) Federal anti-discrimination laws mean Federal civil rights
law that protect individual Americans from discrimination on the basis of race, color,
sex, religion, and national origin. (e) Illegal immigrant means any alien,as defined in
8 U.S.C.§ 1 101(a)(3),who has no lawful immigration status in the United States.(2)
Grant award certification. (a) By accepting the grant award, recipients are certifying
that: (i)They do not, and will not during the term of this financial assistance award,
operate any programs that advance or promote DEI, DEIA,or discriminatory equity
ideology in violation of Federal anti-discrimination laws;and (ii)They do not engage
in and will not during the term of this award engage in,a discriminatory prohibited
boycott.(iii) They do not, and will not during the term of this award,operate any
program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS
reserves the right to suspend payments in whole or in part and/or terminate financial
assistance awards if the Secretary of Homeland Security or her designee
determines that the recipient has violated any provision of subsection (2). (4) Upon
suspension or termination under subsection (3), all funds received by the recipient
shall be deemed to be in excess of the amount that the recipient is determined to be
entitled to under the Federal award for purposes of 2 C.F.R.§200.346.As such,all
amounts received will constitute a debt to the Federal Government that may be
pursued to the maximum extent permitted by law.
Article 20 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act,31 U.S.C.
§§3729-3733, which prohibit the submission of false or fraudulent claims for
payment to the Federal Government. (See 31 U.S.C. §§3801-381a. which details
the administrative remedies for false claims and statements made.)
Article 21 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
Article 22 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging
while driving recipient-owned, recipient-rented, or privately owned vehicles when on
official government business or when performing any work for or on behalf of the
Federal Government. Recipients are also encouraged to conduct the initiatives of
the type described in Section 3(a)of Executive Order 13513.
Article 23 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers(a list of certified
air carriers can be found at:Certificated Air Carriers List I US Department of
Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-
aircarriers-list)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.
Article 24 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention,or training space
funded entirely or in part by federal award 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. §2225a.
Article 25 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.§§
200.216,200.327, 200.471, and Appendix II to 2 C.F.R. Part 200.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 26 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-
organizationsprovide-meaningful-access-people-limited and additional resources
on http://www.lep.gov.
Article 27 Lobbying Prohibitions
Recipients must comply with 31 U.S.C.§ 1352 and 6 C.F.R. Part 9,which provide
that none of the funds provided under a federal award may be expended by the
recipient to pay any person to 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. Per 6 C.F.R. Part 9, recipients must file a
lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or
available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying
disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on
Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
Article 28 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy
Act of 1969, Pub. L. No.91-190(1970) (codified as amended at 42 U.S.C.§4321
et seq.) (NEPA)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 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions
of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
(1) Recipient research institutions("covered institutions") must comply with the
requirements in NSPM-33 and provisions of Pub. L.117-167. Section 10254
(codified at 42 U.S.C.§ 18951)certifying that the institution has established and
operates a research security program that includes elements relating to: (a)
cybersecurity; (b)foreign travel security; (c) research security training;and (d)
export control training,as appropriate. (2) Definition. "Covered institutions" means
recipient research institutions receiving federal Research and Development(R&D)
science and engineering support"in excess of$50 million per year."
Article 30 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must
ensure that federal funds supplement but do not supplant non-federal funds that, in
the absence of such federal funds,would otherwise have been made available for
the same purpose.
Article 31 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work,and other conditions set
forth in the Notice of Funding Opportunity(NOFO)for this federal award are
incorporated by reference.All recipients must comply with any such requirements
set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms
and conditions and any such terms of the federal award, the condition in the NOFO
shall be invalid to the extent of the inconsistency.The remainder of that condition
and all other conditions set forth in the NOFO shall remain in effect.
Article 32 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. §200 et seq.and applicable
regulations governing inventions and patents, including the regulations issued by
the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms under Government Awards,
Contracts,and Cooperative Agreements)and the standard patent rights clause set
forth at 37 C.F.R.§401.14.
Article 33 Presidential Executive Orders
Recipients must comply with the requirements of Presidential Executive Orders
related to grants(also known as federal assistance and financial assistance),the
full text of which are incorporated by reference.
Article 34 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. No.89-272 (1965) (codified
as amended by the Resource Conservation and Recovery Act at 42 U.S.C.§6962)
and 2 C.F.R.§200.323.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 35 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation
Act of 1973, Pub. L. No.93-112 (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 36 Reporting Recipient Integrity and Performance Matters
If the total value of any currently active grants,cooperative agreements, and
procurement contracts from all federal awarding agencies exceeds$10,000,000 for
any period of time during the period of performance of the federal award,then the
recipient must comply with the requirements set forth in the government-wide
federal award term and condition for Recipient Integrity and Performance Matters is
in 2 C.F.R. Part 200,Appendix XII,the full text of which is incorporated by
reference.
Article 37 Reporting Subawards and Executive Compensation
For federal awards that total or exceed$30,000, recipients are required to comply
with the requirements set forth in the government-wide federal award term and
condition on Reporting Subawards and Executive Compensation set forth at 2
C.F.R. Part 170,Appendix A, the full text of which is incorporated by reference.
Article 38 Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
(1) Recipients of a federal award from a financial assistance program that provides
funding for infrastructure are hereby notified that none of the funds provided under
this federal award may be used for a project for infrastructure unless: (a) all iron and
steel used in the project are produced in the United States—this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States; (b)all manufactured products used in the
project are produced in the United States—this means the manufactured product
was manufactured in the United States;and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United
States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum
amount of domestic content of the manufactured product has been established
under applicable law or regulation;and (c)all construction materials are
manufactured in the United States—this means that all manufacturing processes
for the construction material occurred in the United States.(2) The Buy America
preference only applies to articles. materials, and supplies that are consumed in,
incorporated into, or 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. (3) Waivers When
necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements.The agency should notify the recipient for information on the process
for requesting a waiver from these requirements. (a)When the Federal agency has
determined that one of the following exceptions applies, the federal awarding official
may waive the application of the domestic content procurement preference in any
case in which the agency determines that: (i)applying the domestic content
procurement preference would be inconsistent with the public interest; (ii)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(iii) 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. (b) 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 Made in America Office. (c) There
may be instances where a federal award qualifies, in whole or in part,for an existing
waiver described at "Buy America" Preference in FEMA Financial Assistance
Programs for Infrastructure I FEMA.gov. (4) Definitions.The definitions applicable to
this term are set forth at 2 C.F.R.§ 184.3, the full text of which is incorporated by
reference.
Article 39 SAFECOM
Recipients receiving federal awards made under programs that provide emergency
communication equipment and its related activities must comply with the
SAFECOM Guidance for Emergency Communication Grants, including provisions
on technical standards that ensure and enhance interoperable communications.
The SAFECOM Guidance is updated annually and can be found at Funding and
Sustainment I CISA.
Article 40 Subrecipient Monitoring and Management
Pass-through entities must comply with the requirements for subrecipient
monitoring and management as set forth in 2 C.F.R.§§200.331-333.
Article 41 System for Award Management and Unique Entity Identifier Requirements
Recipients are required to comply with the requirements set forth in the
governmentwide federal award term and condition regarding the System for Award
Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25,
Appendix A, the full text of which is incorporated reference.
Article 42 Termination of a Federal Award
(1) By DHS. DHS may terminate a federal award, in whole or in part, for the
following reasons: (a) If the recipient fails to comply with the terms and conditions of
the federal award; (b)With the consent of the recipient, in which case the parties
must agree upon the termination conditions, including the effective date, and in the
case of partial termination,the portion to be terminated;or(c) Pursuant to the terms
and conditions of the federal award, including, to the extent authorized by law, if the
federal award no longer effectuates the program goals or agency priorities. (3) By
the Recipient.The recipient may terminate the federal award, in whole or in part. by
sending written notification to DHS stating the reasons for such termination, the
effective date, and in the case of partial termination,the portion to be terminated.
However, if DHS determines that the remaining portion of the federal award will not
accomplish the purposes for which the federal award was made, DHS may
terminate the federal award in its entirety. (4) Notice. Either party will provide written
notice of intent to terminate for any reason to the other party no less than 30
calendar days prior to the effective date of the termination. (5) Compliance with
Closeout Requirements for Terminated Awards.The recipient must continue to
comply with closeout requirements in 2 C.F.R.§§200.344200.345 after an award is
terminated.
Article 43 Terrorist Financing
Recipients must comply with Executive Order 13224 and applicable statutory
prohibitions on transactions with, and the provisions of resources and support to,
individuals and organizations associated with terrorism. Recipients are legally
responsible for ensuring compliance with the Executive Order and laws.
Article 44 Trafficking Victims Protection Act of 2000(TVPA)
Recipients must comply with the requirements of the government-wide federal
award term and condition which implements Trafficking Victims Protection Act of
2000, Pub. L. No. 106-386, § 106(codified as amended at 22 U.S.C.§7104).The
federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is
incorporated by reference.
Article 45 Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT)Act of 2001,
Pub. L. 107-56
Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the
USA PATRIOT Act,which amends 18 U.S.C. §§ 175-175c.
Article 46 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals,
logos,crests,or reproductions of flags, or likenesses of DHS agency officials.This
includes use of DHS component(e.g., FEMA, CISA, etc.) seals, logos,crests,or
reproductions of flags,or likenesses of component officials.
Article 47 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections in 10 U.S.0§470141 U.S.C.§4712.
Article 48 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that could have an impact on the environment are
subject to the FEMA EHP review process.This review does not address all federal,
state, and local requirements.Acceptance of federal funding requires the recipient
to comply with all federal, state,and local laws. DHS/FEMA is required to consider
the potential impacts to natural and cultural resources of all projects funded by
DHS/FEMA grant funds, through its EHP review process, as mandated by:the
National Environmental Policy Act; Endangered Species Act; National Historic
Preservation Act of 1966, as amended: Clean Water Act;Clean Air Act; National
Flood Insurance Program regulations;and any other applicable laws, regulations
and executive orders.General guidance for FEMA's EHP process is available on
the DHS/FEMA Website. Specific applicant guidance on how to submit information
for EHP review depends on the individual grant program.Applicants should contact
their grant Program Officer to be put into contact with EHP staff responsible for
assisting their specific grant program.The FEMA 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. DHS/FEMA may also need to
perform a project closeout review to ensure the applicant complied with all required
EHP conditions identified in the initial review. If ground disturbing activities occur
during construction,the applicant will monitor the ground disturbance,and if any
potential archaeological resources are discovered, the applicant will immediately
cease work in that area and notify the pass-through entity, if applicable,and
DHS?FEMA. EO 11988. Floodplain Management. and EO 11990. Protection of
Wetlands, require that all federal actions in or affecting the floodplain or wetlands be
reviewed for opportunities to relocate, and be evaluated for social, economic,
historical, environmental, legal, and safety considerations. FEMA's regulations at
44 C.F.R. Part 9 implement the EOs and require an eight-step review process if a
proposed action is in a floodplain or wetland or has the potential to affect or be
affected by a floodplain or wetland.The regulation also requires that the federal
agency provide public notice of the proposed action at the earliest possible time to
provide the opportunity for public involvement in the decision-making process(44
C.F.R.§9.8).Where there is no opportunity to relocate the federal action, FEMA is
required to undertake a detailed review to determine what measures can be taken
to minimize future damages to the floodplain or wetland.
Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to sub-recipients as a matter
of law, regulation,or executive order. If the requirement does not apply to Tribal
Nations,or there is a federal law or regulation exempting its application to Tribal
Nations,then the acceptance by Tribal Nations,or acquiescence to DHS Standard
Terms and Conditions does not change or alter its inapplicability to a Tribal Nation.
The execution of grant documents is not intended to change, alter, amend, or
impose additional liability or responsibility upon the Tribal Nations where it does not
already exist.
Article 50 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made,
or if an administrative change must be made to the award package, recipients will
be notified of the change in writing.Once the notification has been made, any
subsequent requests for funds will indicate recipient acceptance of the changes to
the award. Please email FEMA Grant Management Operations at:ASK-
GMD@fema.dhs.gov for any questions.
Article 51 Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award is no longer
needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, the non-state recipient or
subrecipient(including subrecipients of a State or Tribal Nation), must request
instructions from FEMA to make proper disposition of the equipment pursuant to 2
C.F.R.section 200.313(e). State recipients must follow the disposition requirements
in accordance with State laws and procedures. 2 C.F.R.section 200.313(b).Tribal
Nations must follow the disposition requirements in accordance with Tribal laws
and procedures noted in 2 C.F.R.section 200.313(b);and if such laws and
procedures do not exist, then Tribal Nations must follow the disposition instructions
in 2 C.F.R. section 200.313(e).
Article 52 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, a written
request must be submitted and approved by FEMA as required by 2 C.F.R.section
200.308. For purposes of non-construction projects, FEMA is utilizing its discretion
to impose an additional restriction under 2 C.F.R.section 200.308(i) regarding the
transfer of funds among direct cost categories, programs,functions, or activities.
For awards with an approved budget where the federal share is greater than the
simplified acquisition threshold (currently$250,000)and where the cumulative
amount of such transfers exceeds or is expected to exceed ten percent(10%) of the
total budget FEMA last approved, transferring funds among direct cost categories,
programs, functions, or activities is unallowable without prior written approval from
FEMA. For purposes of awards that support both construction and non-construction
work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain prior written
approval from FEMA before making any fund or budget transfers between the two
types of work.Any deviations from a FEMA approved budget must be reported in
the first Federal Financial Report(SF-425) that is submitted following any budget
deviation, regardless of whether the budget deviation requires prior written
approval.
Article 53 Indirect Cost Rate
2 C.F.R.section 200.211(b)(16) requires the terms of the award to include the
indirect cost rate for the federal award. If applicable,the indirect cost rate for the
award is stated in the budget documents or other materials approved by FEMA and
included in the award file.
Article 54 Build America, Buy America Act (BABAA) Required Contract Provision &
Self-Certification
In addition to the DHS Standard Terms&Conditions regarding Required Use of
American Iron, Steel, Manufactured Products, and Construction Materials,
recipients and subrecipients of FEMA financial assistance for programs that are
subject to BABAA must include a Buy America preference contract provision as
noted in 2 C.F.R.section 184.4 and a self-certification as required by the FEMA Buy
America Preference in FEMA Financial Assistance Programs for Infrastructure
(FEMA Interim Policy#207-22-0001).This requirement applies to all subawards,
contracts,and purchase orders for work performed,or products supplied under the
FEMA award subject to BABAA.
Article 55 Award Performance Goals
FEMA will measure the recipient's performance of the grant by comparing the
firefighter hiring activities of new,additional firefighters, rehire laid off firefighters, or
retain firefighters facing layoff OR recruitment and retention activities of volunteer
firefighters who are involved with or trained in the operations of firefighting and
emergency response as requested in its application. In order to measure
performance, FEMA may request information throughout the period of performance.
In its final performance report submitted at closeout,the recipient is required to
report on the recipients increased compliance with the National standards
described in the NOFO.
Article 56 Termination of the Federal Award (Updated)
1. Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions,v.3 sets
forth a term and condition entitled "Termination of a Federal Award." The
termination provision condition listed below applies to the grant award and the term
and condition in Paragraph C.XL of the FY 2025 DHS Standard Terms and
Conditions,v.3 does not.
2.Termination of the Federal Award by FEMA
FEMA may terminate the federal award in whole or in part for one of the following
reasons identified in 2 C.F.R.§200.340:
a. If the recipient or subrecipient fails to comply with the terms and conditions of the
federal award.
b.With the consent of the recipient, in which case FEMA and the recipient must
agree upon the termination conditions.These conditions include the effective date
and, in the case of partial termination,the portion to be terminated.
c. If the federal award no longer effectuates the program goals or agency priorities.
Under this provision, FEMA may terminate the award for these purposes if any of
the following reasons apply:
i. If DHS/FEMA, in its sole discretion, determines that a specific award objective is
ineffective at achieving program goals as described in this NOFO;
ii. If DHS/FEMA, in its sole discretion,determines that an objective of the award as
described in this NOFO will be ineffective at achieving program goals or agency
priorities;
iii. If DHS/FEMA, in its sole discretion, determines that the design of the grant
program is flawed relative to program goals or agency priorities;
iv. If DHS/FEMA, in its sole discretion, determines that the grant program is not
aligned to either the DHS Strategic Plan, the FEMA Strategic Plan, or successor
policies or documents;
v. If DHS/FEMA, in its sole discretion,changes or re-evaluates the goals or
priorities of the grant program and determines that the award will be ineffective at
achieving the updated program goals or agency priorities;or
vi. For other reasons based on program goals or agency priorities described in the
termination notice provided to the recipient pursuant to 2 C.F.R.§200.341.
vii. If the awardee falls out of compliance with the Agency's statutory or regulatory
authority,award terms and conditions, or other applicable laws.
3.Termination of a Subaward by the Pass-Through Entity
The pass-through entity may terminate a subaward in whole or in part for one of the
following reasons identified in 2 C.F.R.§200.340:
a. If the subrecipient fails to comply with the terms and conditions of the federal
award.
b.With the consent of the subrecipient, in which case the pass-through entity and
the subrecipient must agree upon the termination conditions.These conditions
include the effective date and, in the case of partial termination, the portion to be
terminated.
c. If the pass-through entity's award has been terminated,the pass-through
recipient will terminate its subawards.
4.Termination by the Recipient or Subrecipient
The recipient or subrecipient may terminate the federal award in whole or in part for
the following reasons identified in 2 C.F.R.§200.340: Upon sending FEMA or the
pass-through entity a written notification of the reasons for such termination,the
effective date,and, in the case of partial termination,the portion to be terminated.
However, if FEMA or the pass-through entity determines that the remaining portion
of the federal award will not accomplish the purposes for which the federal award
was made, FEMA or the pass-through entity may terminate the federal award in its
entirety.
5. Impacts of Termination
a.When FEMA terminates the federal award prior to the end of the period of
performance due to the recipient's material failure to comply with the terms and
conditions of the federal award, FEMA will report the termination in SAM.gov in the
manner described at 2 C.F.R.§200.340(c).
b.When the federal award is terminated in part or its entirety, FEMA or the pass-
through entity and the recipient or subrecipient remain responsible for compliance
with the requirements in 2 C.F.R. §§200.344 and 200.345.
6. Notification Requirements
FEMA or the pass-through entity must provide written notice of the termination in a
manner consistent with 2 C.F.R.§200.341.The federal award will be terminated on
the date of the notification unless stated otherwise in the notification.
7.Opportunities to Object and Appeals
Where applicable,when FEMA terminates the federal award, the written notification
of termination will provide the opportunity,and describe the process, to object and
provide information challenging the action, pursuant to 2 C.F.R. §200.342.
8. Effects of Suspension and Termination
The allowability of costs to the recipient or subrecipient resulting from financial
obligations incurred by the recipient or subrecipient during a suspension or after the
termination of a federal award are subject to 2 C.F.R. §200.343.
Article 57 Payment Information (Updated)
Recipients will submit payment requests in FEMA GO for FY25 awards under this
program.
Instructions to Grant Recipients Pursuing Payments
FEMA reviews all grant payments and obligations to ensure allowability in
accordance with 2 C.F.R.§200.305.These measures ensure funds are disbursed
appropriately while continuing to support and prioritize communities who rely on
FEMA for assistance.Once a recipient submits a payment request in FEMA GO,
FEMA will review the request.If FEMA approves a payment,it will process the
payment through FEMA GO and the payment will be delivered pursuant to the
recipients SAM.gov financial information. If FEMA disapproves a payment, FEMA
will inform the recipient.
Processing and Payment Timeline
FEMA must comply with regulations governing payments to grant recipients.See 2
C.F.R.§200.305. For grant recipients other than States,2 C.F.R.§200.305(b)(3)
stipulates that FEMA is to make payments on a reimbursement basis within 30 days
after receipt of the payment request, unless FEMA reasonably believes the request
to be improper.For state recipients,2 C.F.R.§200.305(a) instructs that federal
grant payments are governed by Treasury-State Cash Management Improvement
Act(CMIA)agreements("Treasury-State agreement")and default procedures
codified at 31 C.F.R.part 205 and Treasury Financial Manual (TFM)4A-2000,
"Overall Disbursing Rules for All Federal Agencies."See 2 C.F.R.§200.305(a).
Treasury-State agreements generally apply to"major federal assistance programs"
that are governed by 31 C.F.R.part 205,subpart A and are identified in the
Treasury-State agreement.31 C.F.R.§§205.2,205.6.Where a federal assistance
(grant)program is not governed by subpart A,payment and funds transfers from
FEMA to the state are subject to 31 C.F.R.part 205,subpart B. Subpart B requires
FEMA to"limit a funds transfer to a state to the minimum amounts needed by the
state and must time the disbursement to be in accord with the actual, immediate
cash requirements of the state in carrying out a federal assistance program or
project.The timing and amount of funds transfers must be as close as is
administratively feasible to a state's actual cash outlay for direct program costs and
the proportionate share of any allowable indirect costs."31 C.F.R.§205.33(a).
Nearly all FEMA grants are not"major federal assistance programs."As a result,
payments to states for those grants are subject to the"default"rules of 31 C.F.R.
part 205, subpart B.
If additional information is needed,a request for information will be issued by FEMA
to the recipient;recipients are strongly encouraged to respond to any additional
FEMA request for information inquiries within three business days.If an adequate
response is not received,the request may be denied,and the entity may need to
submit a new reimbursement request;this will re-start the 30-day timeline.
Submission Process
All non-disaster grant program reimbursement requests must be reviewed and
approved by FEMA prior to drawdowns.
For all non-disaster reimbursement requests(regardless of system), please ensure
submittal of the following information:
1. Grant ID/Award Number
2.Total amount requested for drawdown
3. Purpose of drawdown and timeframe covered (must be within the award
performance period)
4. Subrecipient Funding Details(if applicable).
• Is funding provided directly or indirectly to a subrecipient?
• If no, include statement"This grant funding is not being directed to a subrecipient."
• If yes, provide the following details:
• The name, mission statement, and purpose of each subrecipient receiving funds,
along with the amount allocated and the specific role or activity being reimbursed.
• Whether the subrecipient's work or mission involves supporting aliens, regardless
of whether FEMA funds support such activities.
• Whether the payment request includes an activity involving support to aliens?
• Whether the subrecipient has any diversity,equity,and inclusion practices.
5. Supporting documentation to demonstrate that expenses are allowable,
allocable, reasonable, and necessary under 2 C.F.R. Part 200 and in compliance
with the grant's NOFO,award terms,and applicable federal regulations.
Article 58 Non-Applicability of Specific Agreement Articles
Notwithstanding their inclusion in this award package, the following Agreement
Articles do not apply to this grant award:
1.Communication and Cooperation with the Department of Homeland Security and
Immigration Officials.
2. Paragraph (2)(a)(iii) of Anti-Discrimination.
Article 59 Non-Applicability of Specific Agreement Articles
Notwithstanding their inclusion in this award package,the following Agreement
Article does not apply to this grant award:
Termination of a Federal Award
The intent of this provision is to clarify that Paragraph C.XL (Termination of a
Federal Award)of the FY 2025 DHS Standard Terms and Conditions does not
apply to this award. Instead,the Agreement Article titled "Termination of the
Federal Award",or "Termination of the Federal Award (Updated)"applies to this
grant award.
Obligating document
1.Agreement No. 2.Amendment 3. Recipient 4.Type of 5. Control No.
EMW-2024-FF- No. No. Action WX02142N2025T
00139 N/A 366005862 AWARD
6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and
Address Address Address
[CITY OF ELGIN Grant Programs Directorate FEMA, Financial Services
150 DEXTER CT 500 C Street, S.W. Branch
ELGIN, IL 60120 Washington DC, 20528-7000 500 C Street, S.W., Room
1-866-927-5646 723
Washington DC, 20742
9. Name of 9a. Phone 10. Name of FEMA Project 10a.
Recipient Project No. Coordinator Phone
'Officer 8158618617 Staffing for Adequate Fire and No.
'Josh Smith Emergency Response (SAFER) Grant 1-866-
Program 274-0960
11. Effective Date of 12. Method of 13.Assistance 14. Performance
;This Action ,Payment Arrangement Period
109/24/2025 OTHER - FEMA COST SHARING 03/22/2029 to
03/22/2029
GO Budget Period
103/23/2026 to
03/22/2029
15. Description of Action a.(Indicate funding data for awards or financial changes)
Program Accounting Prior Amount Cumulative
Name Assistance Data Total Awarded Current Total Non-Federal
Abbreviation Listing No. (ACCS This Action + Award
Award Commitment
Code) or (-)
2025-FF-
FF 97.083 GF01 - $0.00 ,$3,028,500.96$3,028,500.96$1,882,581.69
P410-ma-
4101-D
Totals$0.00 $3,028,500.96$3,028,500.96$1,882,581.69,
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
RETI IRN THREE (3) COPIES OF THIS DOCUMENT TO COMA (Sec Block 7 for
1aa1��.jV��..V.V^^........\ ...I.LL r
adds
This field is not applicable for digitally signed grant agreements
17. RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
Stacey Street, Deputy Assistant Administrator Grants Program 09/24/2025
Directorate