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HomeMy WebLinkAboutCOM 0433.000 2012-2014William P. Kenoi Mayor September 13, 2013 County of Hawaii Finance Department 25 Aupuni Street, Suite 2103 • Hilo, Hawaii 96720 (808) 961 -8234 • Fax(808)961 -8569 J Yoshimoto, Council Chair and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget Nancy E. Crawford Director Deanna S. Sako Deputy Director W coo !Ti -o JV_Vj at c C7 -'ate Q 4--{ `� c7 : rj The U.S. Department of Homeland Security (DHS) and Federal Emergency Management Agency (FEMA) are providing $19,400 of federal funds to the Hawaii Fire Department (HFD) to support their program to purchase and have between 700 and 750 fire detectors installed into the homes of elderly residents across Hawaii Island. Enclosed is a resolution authorizing the Mayor to enter into an agreement with the DHS and FEMA for this grant. Also enclosed is a bill for an ordinance amending the Operating Budget by appropriating this $19,400 grant award. If there are any questions, please do not hesitate to call Tracey -Leigh Brosnahan of the Hawaii Fire Department at 961 -2921. Nancy Crawford Director of Finance Enc. cc: Fire Oes .17x-13 ; ��11 1317 Hawaii County is an Equal Opportunity Provider and Employer Comm. No. Ref. To: G W. Date__SEP 13 2M Form #:B -52 7/18/91 DEPARTMENT DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION FIRE DATE STAFF CONTACT: April Oshiro A. REQUEST: 08/22/13 PHONE: 932 -2920 Please prepare a resolution to authorize the acceptance of a federal grant, Assistance to Firefighters Grant (AFG) - Fire Prevention and Safety Grants FY2012, from the Department of Homeland Security, for $19,400.00. Please prepare a complementary ordinance as follows: 33p9.02 AFG 2012 - Fire Prevention and Safety $19,400.00 010.221.5228.22 AFG 2012 - Fire Prevention and Safety $19,400.00 B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The Hawaii Fire Department's Fire Prevention Bureau has an on -going smoke detector program to increase safety in the homes of our elderly. The United States Fire Administration identifies the residential homes of the elderly as one of its four high risk groups for fire deaths. All Fire Departments are tasked with reducing fire deaths in their jurisdictions. The HFD Fire Prevention Bureau, in conjunction with IBEW electricians, has partnered to provide for the purchase and installation of smoke detectors in the homes of our elderly residents. The smoke detector provides for early detection of a fire and provides occupants with early notification to escape while possible. With acceptance of this grant, the HFD will expand the program across the whole county. This grant will provide for a approximate 700 -750 smoke detectors. The Assistance to Fire Fighters Grant for Fire Prevention provides for an approved project cost total of $24,250.00 for the HFD to continue this program. The Federal share is 80 percent or $19,400.00 and the County share is 20 percent or $4,850.00. The grant period is 06/11/13 to 06/10/14. SIGNED: � DATE. -` 'AUG 23 2013 . Department Head GRANT SUMMARY (Sunnlement to B -52_ Reouest for Council Action) Type of Grant Appropriation bein requested: (New or an additional appropriation) ® New (for this fiscal year period). OR ❑ Additional appropriation (to an existing grant); Is a draft agreement attached? Has the original grant notification been transmitted to ® Yes ❑ No Council? ❑ Yes ❑ No Name of Grant Program: Assistance to Firefighters Grant - Fire Prevention and Safety Grant Grantor: U.S. Department of Homeland Securitv (DHS) County Grantee Department or Agency: Hawaii Fire Department County Grantee Contact Person: April Oshiro Amount of Grant: $19,400.00 Grant Period (Commencement & Completion): 06/11/13 to 06/10/14 Phone Number: 932 -2920 Purpose of Grant: To increase the safety in the homes of our elderly residents by providing smoke detectors for the Hawaii Fire Department's on -going smoke detector program County Match required ?: ® Yes ❑ No If yes, Matching Amount? $4,850.00 Budgeted in account# : 010.221.5224.02.235 In -kind? Explain: Explanation: County's personnel requirements: Amount of new position(s)? Qty: Permanent: ❑ Temporary: ❑, Duration: Full -time: ❑ Part-time: ❑, Time Element: Qty: Contractual: ❑ Explain: Explanation: Additional Comments about Grant: B -52 Grant Summary Form U. S. Department of Homeland Security Washington, D.C. 20472 r FEMA G Yo sEC� Mr. Darren Rosario Hawaii Fire Department 25 Aupuni Street, Suite 2501 Hilo, Hawaii 96720 -4245 Re: Grant No.EMW 2012,FP -00667 Dear Mr. Rosario: On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), I am pleased to inform you that your grant application submitted under the FY 2012 Assistance to Firefighters Grant Program - Fire Prevention and Safety Grants has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration (USFA), carries out the Federal responsibilities of administering your grant. The approved project costs total to $24,250.00. The Federal share is $19,400.00 of the approved amount and your share of the costs is $4,850.00. Before you request and receive any of the Federal Grant funds awarded to you, you must establish acceptance of the Grant and Grant Agreement Articles through the Assistance to Firefighters Grant Programs' (AFG) a -grant system. Please make sure you read and understand the articles as they outline the terms and conditions of your grant award. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval, via amendment request, from FEMA. Maintain a copy of these documents for your official file. If your SF 1199A has been reviewed and approved, you will be able to request - payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the process to request your grant funds, please call 1- 866-274- 0960. Sincerely, Timothy W. Manning Deputy Administrator for National Preparedness and Protection https:lleservices. fema. gov/ FemaFireGrantlfiregrant/ jsplfire_adrninlawardslspeclview awar... 6/21/2013 i . ?•_ ✓1 °�cvr 1 "ateC 'J 01 11 Summary Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE OF FIREFIGHTERS GRANT PROGRAM - FIRE PREVENTION AND SAFETY GRANTS Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW- 2012 -FP -00667 GRANTEE: Hawaii Fire Department AMOUNT: $24,250.00, Fire Prevention Project Description The purpose of the Assistance to Firefighters Grant Program - Fire Prevention and Safety Grants is to provide funds to national, State, local or community organizations that are recognized for their experience and expertise with respect to fire prevention or firefighter safety programs and activities. After careful consideration, FEMA has determined that the recipient's project submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program - Fire Prevention and Safety Grants program's purpose and worthy of award. The recipient shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application narrative. These sections of the application are made a part of these grant agreement articles by reference. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance 11- JUN -13 to 10- JUN -14 Amount Awarded 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 grant (including Federal share plus recipient match): Personnel $0.00 fringe Benefits $0.00 Travel $3,000.00 Equipment $1,000.00 Supplies $20,250.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $24,250.00 https: / /eservices. fema. gov/ FemaFireGrant/ firegrant/ jsp /fire_admin/awards /speclview away... 6/21/2013 rQrse; _ .,..- fats: 4 01 11 NEGOTIATION COMMENTS IF APPLICABLE (max 4000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Katrice Hagan at Katrice.Hagan @dhs.gov System for Award Management (SAM) Prior to requesting federal funds, all recipients are required to register their entity information in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information at {east annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on -line at https: / /www.sam.gov /portal /public/SAM /. It is your entity's responsibility to have a valid DUNS number at the time of registration. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 865- 274 -0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK -GMD at 866 -927 -5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK -GMD at 856- 927 -5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS (IF APPLICABLE) (max 4000 characters) https: / /eservices. fema. gov/ FemaFireCrant/ fi-regrant /jsplfire_adminlawardslspec /view awar... 6/21/2013 z:-el Kevre,w gage•✓ of :I Agreement Articles FEMA U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Assistance to Firefighters Grant Program - fire Prevention and Safety Grants GRANTEE: Hawaii Fire Department PROGRAM: Assistance tofirefighters Grant Program -fire Prevention and Safety Grants AGREEMENT NUMBER: EMW- 2012 -FP -00667 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Administrative Requirements Article II Lobbying Prohibitions Article III Financial Reporting Article IV GPD - Trafficking Victims Protection Act of 2000 Article V GPD - Drug -Free Workplace Regulations Article VI Fly America Act of 1974 Article VII Activities Conducted Abroad Article VIII Acknowledgement of federal Funding from DHS Article IX Copyright Article X Use of DHS Seal, Logo and Flags Article XI DHS Specific Acknowledgements and Assurances Article XI Civil Rights Act of 1964 Article XIII Civil Right Act of 1968 Article XIV Americans with Disabilities Act of 1990 Article XV Age Discrimination Act of 1975 Article XVI Title IX of the Education Amendments of 1972 Article XVII Rehabilitation Act of 1973 Article XVIII Limited English Proficiency Article XIX Animal Welfare Act of 1966 Clean Air Act of 1970 and Clean Water https: / /eservices. fema. gov/ FemaFireGrantlfiregrant ljsplfire_adminlawards /spec /view awar... 6/21/2013 Article XX Act of 1977 Article XXI Protection of Human Subjects Article XXII National Environmental Policy Act (NEPA) of 1969 Article XXIII National Flood Insurance Act of 1968 Article XXIV Flood Disaster Protection Act of 1973 Article XXV Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Article XXVI USA Patriot Act of 2001 ,;: ",e b QI 1 I Article I - Administrative Requirements The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: - Office of Management and Budget (OMB) Circular A -102, Uniform Administrative Requirements forGrants and Cooperative Agreements to State and Local Governments (also known as the "A -102 Common Rule "), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." - OMB Circular A -110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costs/cost principles are contained in the A -102 Common Rule, OMB Circular A -110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The fourcosts principles circulars are as follows: - OMB Circular A -21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. - OMB Circular A -122, Cost Principles for Non- Profit Organizations, relocated to 2 CFR Part 230. — OMB Circular A -133, Audits of States, .local Governments and Non -Profit Organizations. Article II - Lobbying Prohibitions None of the funds provided under an 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 oremployee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, rant, loan, cooperative agreement. These lobbying prohibitions ran be found at 31 U.S.C. § 1352. Article 111 - Financial Reporting Recipients will be required to submit a semi- annual Federal Financial Report (FFR), Standard Form {SF -425) through the AFG online a -grant system. The FFR is intended to provide Federal agencies and grant recipients with a standard format and consistent reporting requirements throughout the government. The fFR is due semi- annually based on the calendar year beginning with the period after the award is made. Recipients are required to submit an FFR throughout the entire period of performance of the grant. The reporting periods for the FFR are January 1 through June 30 (report due by July 31), and July 1 through December 31 (report due by January 31). At the end of the grant's period of performance, all recipients are required to produce a final report on how the grant funding was used and the benefits realized from the award. Recipients must submit a final financial report and a final performance report within 90 days after the end of the period of performance. Article IV - GPD - Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient - (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. https: / /eservices. fema. gov/ FemaFireGrant/ firegrantljsplfire_adminlawards /spec /view awar... 6/21/2013 Article V - GPD - Drug -Free Workplace Regulations All recipients of financial assistance will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR3001. Article VI - Fly America Act of 1974 All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of 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.- 4 -§ 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 8138942. Article VII - Activities Conducted Abroad All recipients of financial assistance will comply with the requirements 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. Article Vlll - Acknowiedgement of federal Funding from DHS All recipients of financial assistance will comply with requirements to acknowledge federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article IX - Copyright All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). for any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under an award. Article X - Use of DHS Seal, Logo and Flags All recipients of financial assistance must obtain DHS's approval prior to using the DHS seaks), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XI - DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree -and require any subrecipients, contractors, successors, transferees, and assignees 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 review or complaint investigation 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 grant 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. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a fist of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative httpsJ/ eservices. fema .gov/FemaFireGrant/firegranVisp /fire admin/awards /spec /view awar... 6/21/2013 1748; .o.ut i agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XII - Civil Rights Act of 1964 Recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964 (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. Article Xlll - Civil Right Act of 1968 All recipients of financial assistance will comply with Title Vill of the Civil Rights Act of 1968, 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 {42 U.S.C.§ 3601 et seq.),as implemented by the Department of Housing and Urban {Development at 24 CFR 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 #ee 24 CFR § 100.201). Article XIV - Americans with Disabilities Act of 1990 All recipients of financial assistance will comply with the requirements of Titles I, 11, and III of the Americans with Disabilities Act, 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 (42 U.S.C. §§ 12101 - 12213). Article XV - Age Discrimination Act of 1975 All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 {42 U.S.C. § 6101et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVI - Title IX of the Education Amendments of 1972 All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments of 1972(20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded fromparticipation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article XVII - Rehabilitation Act of 1973 All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual 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. These requirements pertain to the provision of benefits or services as well as to employment. Article XVIII - Limited English Proficiency All recipients of financial assistance will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. for assistance and information regarding LEP obligations, go to http: / /www.lep.aov. https: / /eservices. fema. gov/ FemaFireGrant lfiregrantljsplfire_adminlawards /spec /view awar... 6/21/2013 ra91 Article XIX - Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards ofcare and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XX - Clean Air Act of 1970 and Clean Water Act of 1977 All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Article XXI - Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026- 04, Protection of Human Subjects, prior to implementing any work with human subjects. for purposes of 45-CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify - additional protections for research involving human fetuses; pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not difectly regulated by 45 CFR Part 46. Article XXll - National Environmental Policy Act (NEPA) of 1969 All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act (NEPA),as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protest and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant - supported activities, DHS requires the environmental aspects of construction grants {and certain non- construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. Article XXIII - National Flood Insurance Act of 1968 All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located Wong the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44CFR Part 63. Article XXIV -flood Distaster Protection Act of 1973 All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. Article XXV - Coastal Wetlands Planning, Protection, and Restoration Act of 1990 All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. § 4331(bx3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable altemative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, https: / /eservices. fema. gov /FemaFireGrant/ firegrant /jsp /firq_admin/awards/spec /view awar... 6/21/2013 rage environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. Article XXVI - USA Patriot Act of 2001 All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act {USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. https: / /eservices. fema .gov /FemaFireGrant/firegrant/j sp /fire_admin/awards /spec /view_awar... 6/21/2013