Applications must be submitted in Egrants on or before Friday, November 14, 2025

1. BASIC INFORMATION
   • 1.1 Executive Summary
   • 1.2 Eligible Applicants
   • 1.3 Anticipated Funding for This Opportunity
   • 1.4 Funding Source Information
   • 1.5 Key Dates
   • 1.6 Contact Information
2. PROGRAM DESCRIPTION
3. ELIGIBILITY
   • 3.1 Eligible Applicants
   • 3.2 Eligible Costs
   • 3.3 Funding Restrictions
   • 3.4 Eligible Activities and Outcomes
   • 3.5 Cost Share
4. APPLICATION REQUIREMENTS
   • 4.1 Application Requirements and Submission Deadlines
   • 4.2 Requirements and Actions Prior To Applying
   • 4.3 Egrants Application Content and Forms
   • 4.4 Application Requirements After Submission and Prior to Award
5. APPLICATION REVIEW INFORMATION
   • 5.1 Responsiveness Review
   • 5.2 Review Criteria and Selection Process
   • 5.3 Risk Assessment
6. AWARD NOTICES
   • 6.1 Expectations Prior to Award and Anticipated Announcement Dates
   • 6.2 Grant Award Notices
7. POST-AWARD REQUIREMENTS AND ADMINISTRATION
   • 7.1 Administrative and National Policy Requirements
   • 7.2 Monitoring and Reporting
   • 7.3 Modifications
   • 7.4 Reimbursement Requests and Payments
8. RESOURCES AND OTHER INFORMATION

• APPENDIX I: SPECIAL CONDITIONS AND ADDITIONAL MONITORING
• APPENDIX II: WEM STANDARD TERMS AND CONDITIONS
• APPENDIX III: FEDERAL TERMS AND CONDITIONS

1 Basic information

1.1 Executive Summary

The Nonprofit Security Grant Program (NSGP) provided through Wisconsin Emergency Management (WEM) provides financial assistance for target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack. The intent is to integrate nonprofit preparedness activities with broader state and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as state and local government agencies. The FY 2024 Nonprofit Security Grant Program – National Security Supplemental (NSGP-NSS) plays an important role in the implementation of the National Preparedness System (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the National Preparedness Goal.

1.2 Eligible Applicants

Eligible applicants are nonprofit organizations that are described under section 501(c)(3) of the Internal Revenue Code of 1986 and are exempt from tax under section 501(a) of such Code. For NSGP, nonprofit organizations may be located anywhere within a state or territory outside of a UASI-designated high-risk urban area.

The nonprofits awarded by DHS/FEMA are the only eligible applicants for FFY 2024. A List of the awarded nonprofits can be found in Appendix III: Federal Terms & Conditions, Article LV.Summary Description of Award.

Additional eligibility requirements for federal funding

All applicants for this grant opportunity must have a valid Unique Entity Identifier (UEI) number in System for Award Management (SAM) before applying. WEM’s website has a helpful guide for obtaining a UEI number located at https://wem.wi.gov/grants/. WEM cannot award a grant until the applicant has complied with all SAM requirements. If you agency is exempt under 2 CFR 25.110(b) or (c), or has an exception approved by the Federal awarding agency under 2CFR25.110(d), please contact the individual identified in Section 8.1 of this document as soon as possible.

1.3 Anticipated Funding for This Opportunity

• Total amount of funds available: $2,438,046.00
• Anticipated number of awards: 9
• Anticipated grant award amount: $57,000.00-$1,000,000.00
• Cost share: There is no local cost share requirement for this funding opportunity.

1.4 Funding Source Information

• Authorization: Department of Homeland Security Appropriations Act, 2023 (Pub. L. No. 117-328); Sections 2003 and 2004 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. §§ 604 and 605). The Federal Award Identification Number for the grant awarded to WEM from DHS is EMW-2024-UA-05244.
• Assistance Listing Number (for Single Audit requirement): 97.008

1.5 Key Dates

• Application due date: Friday, November 14, 2025
• Award dates
  – Anticipated grant performance/budget period (grant period): 10/15/2025 – 10/31/2027
• Post-award dates
  – Program Reports due: On/Before the 12^th day after each quarter
  – Fiscal Reports/Reimbursement Requests due: On/Before the 12^th day after each quarter
  – Inventory Reports due: In conjunction with final Program and Fiscal Reports

1.6 Contact Information

Grant manager: Maralina Nelms

Phone: 608-893-3098

Email/MS Teams: maralina.nelms@widma.gov

2 Program Description

The Nonprofit Security Grant Program – National Security Supplemental (NSGP-NSS) plays an important role in the implementation of the National Preparedness System (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the National Preparedness Goal. The NSGP provides funding support for statutorily eligible costs to include target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack. The program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as State and local government agencies.

The NSGP-NSS supplements one of three grant programs that support DHS/FEMA’s focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, prepare for, and respond to terrorist or other extremist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the nation’s communities against potential terrorist or other extremist attacks. NSGP-NSS applicants include the State Administrative Agencies (SAA), and subapplicants include eligible nonprofit organizations and consortia of nonprofit organizations.

DHS is focused on building a national culture of preparedness and protecting against terrorist and other threats to our national security. The threats to our Nation have evolved during the past two decades. We now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, and threats from domestic violent extremists, who represent one of the most persistent threats to the nation today. Therefore, DHS/FEMA has identified one national priority area related to some of the most serious threats that recipients should address with their NSGP-NSS funds: enhancing the protection of soft targets/crowded places.

DHS is also focused on forging partnerships to strengthen information sharing and collaboration among federal, state, local, tribal, and territorial law enforcement. There are no requirements for information sharing between nonprofit organizations and law enforcement; however, the NSGP-NSS seeks to bring nonprofit organizations into broader state and local preparedness efforts by removing barriers to communication and being more inclusive. DHS/FEMA encourages information sharing, while the goal of the NSGP-NSS is centered on improving and increasing a nonprofit organization’s physical/cyber security and facility/target hardening to enhance the protection of soft targets/crowded places. All NSGP-NSS activities must be linked to enhancing the security and safety at the physical site of the nonprofit organization.

3 Eligibility

3.1 Eligible Applicants

The Project Director or individual that submits an application on behalf of an entity is certifying that they have the authority to obligate the applicant to all requirements in this NOFO including all rules and regulations identified in the Post-Award Requirements and Administration section of this NOFO, and that the applicant and Project Director are willing and able to comply.

Per federal regulations 2 CFR Part 25, all applicants are required to have a valid Unique Entity Identifier (UEI) number in System for Award Management (SAM) before applying. If the applicant is exempt under 2CFR25.110(b) or (c), or has an exception approved by the federal awarding agency under 2 CFR 25.110(d), please reach out to the grant contact.

Per federal regulations 2 CFR Part 180, any entity debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities is ineligible under this funding opportunity.

See the Requirements and Actions Prior To Applying and Responsiveness Review sections section of this NOFO for more information.

3.2 Eligible Costs

All expenses related to this grant must be allowable, reasonable, allocable, and incurred within the grant’s performance and budget period (grant period). Applicants that accept funding are responsible for all sustainment costs. Additionally, this funding is not intended to support long-term staffing needs. Sustainment of long-term staffing needs beyond the grant period is the responsibility of the grant recipient. Additional information regarding allow, conditionally allowable and unallowable costs can be found in the section below. Funding restrictions associated with this grant are located in section 3.3 of this document.

3.2.1 Allowable Costs

The following direct cost categories and related costs are allowable under this funding opportunity:

Personnel

Personnel costs represent wages and salaries for an employee of the applicant agency. The only costs eligible are those directly associated with the management and administration of the grant funds. The application must include the following:

• A separate line for each employee for which costs may be covered by the grant.
• Supporting documentation as listed in the Required Attachments section of the application.
• Ability to submit a timesheet and payroll records with the reimbursement request that can accurately reflect time allocated for eligible activities.

Eligible costs under this category are limited to the following:

• Preparing and submitting required programmatic and financial reports
• Establishing and/or maintaining equipment inventory
• Documenting operational and equipment expenditures for financial accounting purposes
• Responding to official informational requests from state and federal oversight authorities
• Up to five percent (5%) of the nonprofit’s sub-award may go to Management and Administrative (M&A) costs
• M&A costs are not operational costs, they are the necessary costs incurred in direct support of the grant or because of the grant and should be allocated across the entire lifecycle of the grant

Employee Benefits

Fringe or Employee Benefit costs represent the applicant agency’s direct costs for benefits and fringe costs associated with an employee’s wages that are included in the personnel category above.

Eligible costs under this category are limited to the following:

• M&A costs are pre-approved by DHS/FEMA and in direct relation to the wages entered in Personnel
• All requirements for eligibility outlined under the Personnel cost category apply to costs under this category

Equipment

Costs under this category include equipment and/or supplies that are described in this funding notice and the Preparedness Grants Manual.

• All equipment costs that are greater than $10,000.00 should follow local procurement policies and procedures that adhere to the required procurement standards as stated in the Terms and Conditions of this grant.
• All equipment costs must follow asset management requirements and an Inventory Report will be required prior to closeout.
• All approved eligible costs must be on the Authorized Equipment List found
  • On the FEMA website Authorized Equipment List (AEL)
  • Or provided as an attachment on https://wem.wi.gov/nsgp/

Eligible costs under this category are limited to the following:

• Facility hardening and physical security enhancements
• Funding can be used for the acquisition and installation of security equipment on real property (including buildings and improvements) owned or leased by the nonprofit organization, specifically in prevention of and/or protection against the risk of a terrorist or other extremist attack.

Consultant/Contractual

Costs under this category include consultant or contractual services through a third party. All costs must have a signed contractual agreement, and if appropriate, must adhere to proper procurement standards.

Eligible costs under this category may include, but are not limited to the following:

• Training
• Exercise
• Contract Security
• Allowable management and administration (M&A) activities

3.2.2 Conditionally Allowable Costs

The following costs may be conditionally approved with proper justification and dependent on availability of funding (review and approval conducted by DHS/FEMA, which reserve the right to deny any request):

• Supplies
• Travel (including Training)
  • Conditionally eligible costs under this category are limited to include security related planning, training, or exercises
• Construction and Renovation
  • Projects must have prior written approval from FEMA to be considered allowable
  • In some cases, the installation of equipment may constitute construction and/or renovation
  • If you have any questions regarding whether an equipment installation project could be considered construction or renovation, contact your grant manager
• Other
  • Costs that are considered “Other” may be considered, projects must have prior written approval from FEMA to be considered allowable

3.2.3 Unallowable Costs

In addition to funding restrictions, the following cost categories are not allowable:

• Organization costs
• Employee travel costs
• Indirect costs
• Such as those that cannot be directly applied to a cost category or tied to an activity
• See the Funding Restrictions section of this NOFO for more information.

3.3 Funding Restrictions

The following costs are prohibited, and any violation may result in a range of penalties, including suspension of current and future funds under this program, suspension, or debarment from federal grants, repayment of monies provided under a grant, and civil and/or criminal penalties.

3.4 Eligible Activities and Outcomes

The activity supported by this grant must contribute to the achievement of the program’s goals, objectives, and priorities described in the Program Description section above. Any activity that occurs outside this grant’s performance period is unallowable. Entities that incur costs or conduct grant activities prior to a signed grant award agreement (pre-award costs), do so at their own risk.

3.5 Cost Share

There are no local cost share requirements for this funding opportunity. Any costs over the eligible award amount will be the responsibility of the applicant.

4 Application Requirements

4.1 Application Requirements and Submission Deadlines

Applications must be submitted through the Egrants online grants management system accessible at https://wem.egrants.us on or before Friday, November 14, 2025.

The act of submitting an application in Egrants certifies that the applying agency and Project Director are willing and able to comply with all requirements in this NOFO, including all rules and regulations identified in the Post-Award Requirements and Administration section of this NOFO. If your agency is not able to comply with all requirements, you are encouraged to forgo applying for these grant funds.

Failure to submit the Egrants application by the posted deadline and/or respond to requests from WEM, may lead to recission of grant funding. Any delays in resubmitting a returned application, therefore delaying WEM’s ability to approve the application, will result in a delayed grant start date and in turn, delay the applicant’s ability to incur expenses on the grant.

The application components, forms, and guidance are outlined in the Egrants Application Content and Forms section below. For special accommodations, WEM’s Reasonable Accommodation Policy is available on WEM’s website https://wem.wi.gov/grant-admin-tools/.

4.2 Requirements and Actions Prior To Applying

4.2.1 Egrants Access and Registration

To access the Egrants system, you will need a user identification and a password. If you need to request access to the Egrants system at https://wem.egrants.us/, please see the WEM Egrants User Guide on WEM’s website https://wem.wi.gov/grant-admin-tools/. Sharing usernames and passwords is strictly prohibited and may result in disqualification of the user and/or applicant agency in this and future funding opportunities.

While accessing Egrants, ensure that the entity name you register with this platform is consistent with your UEI registration in SAM.gov, your W-9, and the TIN registered with the IRS.

4.2.2 Pre-Applications or Letters of Intent

During the pre-application phase, you provided WEM with detailed information about your project that was used to make a funding decision.

All successful pre-applications that were approved by DHS/FEMA are eligible to submit a full application up to the amount identified by DHS/FEMA, please reference the Summary Description of Award for details. Applications must be submitted through the Egrants online grants management system accessible at https://wem.egrants.us. Through Egrants, you will provide WEM with detailed information about your project that will be used to make a final award determination. Applications in Egrants must alight with what was approved in the pre-application phase in order to be awarded.

4.2.3 Unique Entity Identifier (UEI)

A Unique Entity Identifier (UEI) must be included in the application. Refer to the eligibility requirements in the Eligible Applicants section above. If your agency does not have a UEI, one will need to be obtained. For guidance on how to obtain or verify the UEI, visit SAM.gov; additional guidance is available in the “Sam.gov Instructions” guide on WEM’s website https://wem.wi.gov/admin-tools/.

WEM cannot award a grant until the applicant has complied with all SAM requirements.

4.3 Egrants Application Content and Forms

Through Egrants, you will provide WEM with detailed information about your project that will be used to make a final award determination. If applicable, applications in Egrants must align with what was submitted and approved in the pre-application phase to be considered.

Information provided in this application may be cited in WEM reports or press releases and used in reports to federal funding agencies or other stakeholders. To be considered for award, all application components, forms, and information provided must be completed in their entirety as described below.

Standard requirements, contents, forms, instructions, and technical assistance are in the WEM Egrants User Guide on WEM’s website https://wem.wi.gov/grant-admin-tools/. Additional requirements and application sections specific to this funding opportunity are provided below.

4.3.1 Main Summary

Follow the WEM Egrants User Guide to complete this section. Refer to the Eligible Applicants section above for specific guidance on who is eligible to be the applicant’s contacts.

4.3.2 Performance Measures

In this section, follow the Egrants User Guide to complete the performance measures that have been pre-filled in the application.

Awarded sub-applicants will be required to detail the number of equipment items the plan to install (ex. 10 cameras, 5 exterior light poles, perimeter fencing), the number trainings conducted, and the number of staff trained. These performance measures will be used to monitor the progress in meeting the goals of the sub-grant as they happen in each reporting period after award.

4.3.3 Budget Detail

Refer to the Eligible Costs section above for eligible costs to include. Follow the WEM Egrants User Guide for instructions to complete this section.

Required Attachments

As part of the Egrants application, awarded nonprofits will be required to submit the following documents:

• Delegation of Authority (if applicable) for Project Director and/or Financial Officer
• W-9
• DOA-6460 (only required for new subrecipients)
• *Environmental & Historical Preservation (EHP) Form and relevant pictures.

*If any of the required forms are not submitted at time of application, funding will be placed on hold until they are submitted and approved. The grant award documents will still be issued to the sub-recipient nonprofit to sign but no costs will be deemed allowable until the documents are received and approved by WEM.

Follow the WEM Egrants User Guide to complete this section.

4.3.4 Additional Application Sections

The following sections are required under this funding opportunity. Follow the instructions below to complete each section before submitting the application.

Project Narrative

Please describe the target hardening activity (i.e., physical security enhancement) that addresses the identified threat or vulnerability.

Evidence of Need

Describe (if applicable) the symbolic value of the site as a highly recognized national or historic institution/landmark that renders the site as possible target of terrorist or other extremist attack.

Describe the risk(s) faced by your organization specifically in the terms of the a) Threats, b) Vulnerabilities, and c) Potential Consequences of an attack.

Threat: In considering threat, the applicant should discuss the identification and substantiation of specific threats or attacks against the nonprofit organization or closely related organization by a terrorist organization, network, or cell. The applicants should also discuss fundings from a risk assessment, police findings, and/or insurance claims specific to the location being applied for including dates and specific threats.

Vulnerabilities: In considering vulnerabilities, the applicant should discuss the organization’s susceptibility to destruction, incapacitation, or exploitation by a terrorist attack.

Potential Consequences: In considering potential consequences, the applicant should discuss potential negative effects on the organization’s asset, system, and/or network if damaged, destroyed, or disrupted by a terrorist attack.

Core Capabilities

Select one core capability and as many secondary core capabilities as desired.

Other Funding Sources

If the total project costs exceed your grant award amount identified in the NOFO, please explain what costs your agency is supporting. Additionally, if this is part of a multiyear project, please describe which phase of the project is being funded with this grant, and how the other phases are being funded

4.4 Application Requirements After Submission and Prior to Award

During WEM’s responsiveness review, the Grant Manager may reach out for additional information and an application may be returned for corrections if it fails to meet the requirements outlined in this NOFO.

The Grant Manager will add issues and/or comments in Egrants and contact the Project Director when an application is returned. Refer to the WEM Egrants User Guide for instructions on how to view the issues and comments in Egrants, make corrections, and re-submit the application. Failure to respond to requests from WEM may lead to recission of grant funding. Any delays in resubmitting a returned application, and therefore delaying WEM’s ability to approve the application, will result in a delayed performance period start date and in turn, delay the applicant’s ability to incur expenses on the grant.

5 Application review Information

5.1 Responsiveness Review

All applications submitted on or before the deadline will be screened for completeness and compliance with the eligibility and instructions provided in this announcement. If applicable, applications in Egrants must align with what was approved in the pre-application phase in order to be considered. Only applications successfully submitted in the online grant management system Egrants by the application due date will be considered and reviewed.

5.2 Review Criteria and Selection Process

Funding determinations were made based on evaluations during the pre-application process and approved by the federal awarding agency; there are no additional evaluation criteria above what is listed in WEM’s responsiveness review and the risk assessment.

WEM will review the Budget, Performance Measures, Project Narrative, Evidence of Need, Core Capabilities, and Other Funding sections for detail completeness. Review of the content of the Egrants sub-application will be compared to the Investment Justification (IJ) that was submitted to FEMA during the pre-application. Any information in the Egrants application that does not match what was in the approved IJ will be sent back to the sub-recipient for corrections. Any budgetary or project scope components of the Egrants application that are vague or not quantifiable/qualifiable will be sent back for corrections.

5.3 Risk Assessment

Applicants will be reviewed for previously reported issues that indicate a level of risk to WEM. This may include, but is not limited to, a review of completed Single Audits as well as entities previously reported as suspended or disbarred.

6 Award Notices

6.1 Expectations Prior to Award and Anticipated Announcement Dates

Applicants that successfully submitted a complete application in Egrants and have been approved for award will be notified in approximately two weeks from the approval of the application in Egrants by the receipt of a grant agreement. No additional actions are necessary, unless requested by WEM.

6.2 Grant Award Notices

After WEM grants an application for award, an authorized representative of your agency will be required to sign an agreement with WEM that sets forth your agency’s obligations with respect to the funds (the Grant Agreement). The Grant Agreement will incorporate this NOFO and all Terms and Conditions as set forth by the Post-Award Requirements and Administration section of this NOFO. The terms are non-negotiable. Please review the entirety of each document carefully prior to applying for the grant to ensure that your agency will be able to fulfill all obligations set forth in them should its application be approved. If your agency can fulfill all obligations, it may wish to start whatever process is necessary to get the authority to sign the Grant Agreement as soon as possible so that, if WEM approves your agency’s application, the Grant Agreement can be signed and the funds made available expeditiously.

The grant will be considered ‘awarded’ once the recipient agency has signed the grant award agreement. The grant award agreement should be returned to WEM prior to the grant performance period start date as indicated in Egrants to ensure all allowable activities and costs incurred within the grant period are reimbursable. Any grant activity and costs incurred within the grant period but before applying agency has signed the grant award agreement, may not be allowable for reimbursement.

7 Post-Award Requirements and Administration

7.1 Administrative and National Policy Requirements

The following requirements are non-negotiable as set forth in your agency’s obligations in respect to the grant funds awarded. Please review the entirety of each document carefully prior to applying for the grant to ensure that your agency will be able to fulfill all obligations set forth in them should its application be approved. If your agency is not able to do so, you are encouraged to forego applying for these grant funds.

7.1.1 Standard Terms & Conditions

All grants awarded through the Department of Military Affairs (DMA) and Wisconsin Emergency Management (WEM) must comply with the DMA/WEM Standard Terms & Conditions for grants which are provided on WEM’s website at https://wem.wi.gov/grant-admin-tools/ and included herein by reference.

Appendix II: WEM Standard Terms & Conditions

7.1.2 Special Conditions

Special Conditions that are required upon award are provided in this document under

Appendix I: Special Conditions & Additional Monitoring

7.1.3 Federal Terms & Conditions

All grants awarded through the Department of Military Affairs (DMA) and Wisconsin Emergency Management (WEM) must comply with the DMA/WEM Standard Terms & Conditions for grants which are provided on WEM’s website at https://wem.wi.gov/grant-admin-tools/ and included herein by reference in.

Appendix III: Federal Terms & Conditions

7.2 Monitoring and Reporting

If awarded a grant, your agency will be responsible for completing the following reports and submitting the following items in Egrants to receive reimbursement.

7.2.1 Program (Progress) Reports

Must be submitted quarterly by the 12th of the following month. A Final Program Report for closeout is due 30 days following the end of the grant.

Technical guidance and additional information is included in the WEM Egrants User Guide on WEM’s website https://wem.wi.gov/grant-admin-tools/.

7.2.2 Inventory Reports

An inventory report must be submitted in Egrants no more than 30 days following the grant period end date.

Technical guidance and additional information is included in the WEM Egrants User Guide on WEM’s website https://wem.wi.gov/grant-admin-tools/.

7.2.3 Additional Monitoring

The special conditions in Appendix I or in the grant agreement that require documentation be submitted to WEM, should be uploaded to Egrants Project Document Attachments within 30 days of completion or prior to seeking reimbursement, whichever is sooner. Technical guidance and additional information is included in the WEM Egrants User Guide on WEM’s website https://wem.wi.gov/grant-admin-tools/.

7.2.4 Fiscal Reports (Reimbursement Requests)

The Fiscal Report in Egrants is the mechanism by which a reimbursement request is submitted. The Fiscal Reports must be submitted in Egrants quarterly by the 12th day of the following month. You are able, but not required, to request reimbursement of expenses within this report; however, you will be required to report the total amount spent in the Program Report. In the Fiscal Report, if you are not ready or willing to submit a request for reimbursement, enter $0.00 and submit. You will report the total amount spent in the Program Report.

A final fiscal report for close-out must be submitted in Egrants within 30 days following the end of the subgrant.

Refer to the Reimbursement Requests and Payments section below for more information

7.3 Modifications

Any request to modify an approved award must be submitted in Egrants for pre-approval prior to the activity occurring or expenses incurred. Any related expenses incurred prior to receipt of a signed GAN modification approval are not eligible for reimbursement. All modification requests will be reviewed by the Grant Manager for approval. All final grant modification decisions will be made by the WEM Administrator. Modifications are not considered final until WEM provides a signed Grant Adjustment Notification (GAN).

At a minimum, modification requests must be submitted to WEM via Egrants per the DMA/WEM Standard Terms & Conditions which covers the items below.

Modifications that seek to edit the scope of work that was approved by FEMA, on their original application (IJ) will need to submit a written request, updated budget, and/or revised IJ; all changes to scope will require approval from FEMA and/or an updated EHP approval. In the event of a scope change request, you must inform the grant manager and coordinate that request with them.

Technical guidance and additional information is included in the WEM Egrants User Guide on WEM’s website https://wem.wi.gov/grant-admin-tools/.

7.3.1 Key Personnel.

This includes the change of a Signing Official, Fiscal Officer, Project Director, and/or Alternate Contact. “Key personnel” also refers to personnel and/or positions approved in the budget detail section of a grant award.

7.3.2 Performance/Budget Period.

This includes changes to the grant period and must be submitted prior to the approved end date of the grant. Do not submit a modification to request a delay or extension to reporting due dates only; contact the Grant Manager directly to request a reporting due date extension.

7.3.3 Scope of Work.

This includes, but is not limited to changing objectives, performance measures, line/budget items, quantities, specifications of an item, and intent of the approved award. A modification to the scope of work may require changes to any of the other award sections including project information, budget detail, and/or performance measures.

7.3.4 Budget Adjustment.

This includes changes to the budget that do not fall within a change to the scope or objective above, but may include a change to the total award due to an over-run of costs or moving funds between cost categories in which the net change is greater than ten percent (10%) of the total award.

7.4 Reimbursement Requests and Payments

7.4.1 Requirements and Submission

Requests for reimbursement are made by submitting a Fiscal Report in Egrants. Payments will be made on a reimbursement basis once all requirements, activities, and expenses have been completed by the recipient and verified by WEM. Guidance regarding requirements and the process is in the Egrants Job Aid for Fiscal Reports: https://wem.wi.gov/egrants-job-aid-submitting-a-fiscal-report/.

Reimbursement payments require registration in the State of Wisconsin’s financial management system (STAR). The payment method will depend on how the recipient is registered in STAR and may be sent as an Automated Clearing House (ACH) or a physical check. The recipient is responsible for maintaining a current account and payment information in STAR.

7.4.2 Review Process

WEM requires at least two weeks to complete an initial review of the submitted reimbursement documentation. The Grant Manager will return any request that does not comply with the grant’s requirements. The Grant Manager will contact the Project Director with questions, corrections, or concerns about a specific reimbursement. Reimbursement payments, once approved by WEM, may take up to an additional month to be disbursed.

7.4.3 Right to Appeal

In the event that an adverse determination is made to partially or fully disallow a reimbursement request, the recipient has the right to appeal within 30 days of receiving notification of a formal adverse determination. Refer to the WEM Policies found on WEM’s Grant Administration Tools website https://wem.wi.gov/grant-admin-tools/.

8 Resources and other information

8.1 Resources

• Resources and technical assistance are available on WEM’s website under Grant Administrative Tools https://wem.wi.gov/grant-admin-tools/.
• Egrants technical assistance including contact information for system issues is available in the WEM Egrants User Guide found on WEM’s website https://wem.wi.gov/grant-admin-tools/.
• WEM grant program resources are available on WEM’s website https://wem.wi.gov/.
• Federal grant program resources are available on the federal awarding agency’s website https://www.fema.gov/grants/preparedness/nonprofit-security.
• Primary Contact for this grant is the NSGP Grant Manager:
  • Maralina Nelms; maralinanelms@widma.gov; (608) 893-3098

8.2 Related Programs and Funding Opportunities

Not applicable.

8.3 Notices and Disclaimers

Not applicable.

Appendix I: Special Conditions and Additional Monitoring

Your grant award will be subject to standard terms and conditions as well as the following special conditions. If you are awarded funds under this announcement, you will be required to provide regular progress reports in the Grant Management System, Egrants, as well as upload proper documentation to verify compliance with the conditions below as specified.

1. Copy of Contract Required for Contractor/Consultant cost
   
   Copy of contract should be submitted to WEM within 30 days of an agreement between the awarded nonprofit and the contractor. A copy of the contract must be submitted to WEM before incurring any expenses on that contract. If hiring an independent consultant or contractor, (ex. contract security) submit a contract detailing job specifications and deliverables. Upload the contracts in Egrants to the Project Document Attachments on the Reporting page.
2. Equipment Maintenance and Disposal
   
   Equipment shall be maintained and be available to use as intended by the grant for the duration of its useful life. The sub-recipient is required to maintain proper records. Sub-recipients seeking to dispose of or transfer ownership of equipment must contact Wisconsin Emergency Management (WEM) Homeland Security Staff to obtain the Homeland Security Equipment Disposition Form, and further directions. If approved, the sub-recipient must maintain records of any equipment disposal or transfer of ownership. Any proceeds from the sale of equipment at or near the end of its useful life will be considered program revenue and must be reinvested into eligible homeland security expenses.
3. EHP Review, Documentation, & Mitigation
   
   Sub-recipients will be required to complete an Environmental & Historic Preservation (EHP) form. Recipients and subrecipients propose projects that have the potential to impact on the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA to determine whether the proposed project has the potential to impact environmental resources or historic properties. The EHP form is available by request from the NSGP grants manager.
   
   The sub-recipient is responsible for the preparation of documentation required to fulfill compliance responsibilities under the Federal EHP laws; this documentation may include, but is not limited to site studies, biological assessments, archaeological surveys, environmental assessments, and environmental impact statements. Costs associated with the preparation of these documents are allowable grant expenditures. All costs must be approved by WEM.
   
   The sub-recipient is responsible for the implementation of any mitigation measures required to address potential adverse impacts that may have been identified during the EHP review process.
4. FEMA Budget Hold
   
   Some awarded sub-recipients may be required to provide additional information to satisfy a FEMA Budget Hold. The information requested by FEMA will be communicated to the nonprofits who received budget holds. The sub-recipients with budget holds will work with the NSGP grant manager to have them removed. No funds can be spent on an awarded sub-grant until the budget hold is removed by FEMA.
5. Delegation of Authority
   
   Some awarded sub-recipients may be required to provide a Delegation of Authority for the Project Director and/or Financial Officer if the individual(s) are not directly employed by the awarded nonprofit. This Delegation of Authority must be updated and/or resubmitted with any personnel changes (submitted as modifications) in Egrants.

Appendix II: WEM Standard Terms and Conditions

Article I. Conditions of the Parties’ Obligations

The Agreement is contingent upon authority granted under the laws of the State of Wisconsin and the United States of America, and any material amendment or repeal of the same affecting relevant funding or authority of WEM shall serve to revise or terminate the Agreement, except as further agreed to by the parties. WEM and the grant recipient (Grantee) understand and agree that no clause, term, or condition of the Agreement shall be construed to supersede the lawful powers or duties of either party.

Article II. Applicable Rules and Regulations

The Grantee assumes legal, financial, administrative, and programmatic responsibility for administering the award in accordance with the approved application; the laws, rules, regulations, and State executive orders governing grants and cooperative agreements; the Standard Terms and Conditions, and the Agreement, including responsibility for complying with any provisions included in the award. Instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference into the Agreement. The Grantee must comply with all requirements set forth in the program NOFO.

Article III. Adherence to Original Project Objectives and Budget Estimates

The Grantee is responsible for any commitment or expenditure it incurs in excess of the funds provided by the award. Pre-award costs are those incurred prior to the date of the award directly pursuant to the negotiation and in anticipation of the award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowed if incurred after the date of the award, and only with the written approval of the authorized official or delegate.

Article IV. Allowable Activities and Costs

Only activities and expenses that are included in the approved award application are allowable for reimbursement by grant funds. All costs must be allowable, allocable, necessary, and reasonable. Costs must match the grant’s approved application, must be incurred and obligated (purchase order issued, class scheduled) within the performance period, and payment made within 30 days of the grant period end date.

Article V. Duplication of Benefits

Any cost allocable to a particular financial assistance award may not be charged to other financial assistance awards. This may include, but is not limited to, shifting costs to overcome fund deficiencies; to avoid restrictions imposed by statutes, regulations, or financial assistance award terms and conditions. However, these prohibitions would not preclude grantees from shifting costs that are allowable under two or more awards in accordance with existing statutes, regulations, or the financial assistance award terms and conditions.

Article VI. Acceptance of Post-Award Changes

In the event WEM determines that changes are necessary to the Agreement its execution, including changes to the period of performance, the Agreement or any exhibits or other attached documents, grantees will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate grantee acceptance of the changes to the award. Failure to agree to a renegotiated Agreement under these circumstances is cause for WEM to terminate this Agreement.

Article VII. Prior Approval and Modifications

All activity and the corresponding expenses must be approved prior to conducting the activity and/or incurring the expense unless otherwise stated in the Notice of Funding Opportunity. The following require WEM’s advance written approval:

1. Changes to key personnel.
2. Changes to the grant period (submitted prior to the approved end date of the grant).
3. Changes to the scope, objectives, performance measures, or intent of the approved award.
4. Changes to the budget do not fall within a change to the scope or objective but exceed the approved budget categories by ten percent (10%) of the total award.

WEM will notify the Grantee in writing within thirty calendar days after receipt of the request for revision or adjustment whether the request is approved. Upon approval, WEM will issue a signed Grant Adjustment Notification (GAN). All changes are not officially approved until the GAN is received by the Grantee.

Article VIII. Project Income

All income generated as a direct result of a grant-funded project shall be deemed program income. Program income must be used for the purpose of and under the conditions applicable to the award. Program income should be reported as earned and accounted for in your reimbursement request.

Article IX. Procurement

Grantees shall use their own procurement procedures and regulations, provided that the procurement conforms to applicable state law and procurement standards.

Article X. Payments and Closeout

Grant funds will be paid on a reimbursement basis only and disbursed by WEM upon completion of and approval of all monitoring requirements as well as verification to the best of WEM’s ability that all terms, conditions, and requirements have been met. If WEM determines that payment to the Grantee was not proper after the payment has been made, WEM will notify the Grantee of recoupment in writing after which the Grantee has 30 days to repay WEM or appeal the decision.

Article XI. Monitoring

Grantees must complete all required reporting and comply with additional monitoring requirements as stated in the Notice of Funding Opportunity and Award Agreement. WEM may impose additional reporting requirements throughout the grant performance period as needed. Grantees must submit timely, complete, and accurate reports to the appropriate WEM contacts and retain backup documentation to support the reports for the applicable records retention period. Grantees must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

Article XII. Maintaining, Retaining, and Access to Records

All grantees, recipients, subrecipients, subgrantees, successors, transferees, and assignees must comply with applicable provisions governing access to records, accounts, documents, information, facilities, and staff.

1. Grantee must maintain official records of grant related activity, adherence to grant requirements, and grant-funded costs. This includes rationale and justification to support any split allocation of costs, and any other records that support the allowability of expenditures of grant funds.
2. Grantee must cooperate with any compliance reviews or compliance investigations conducted by the State of Wisconsin, WEM, and/or other funding agencies including access to examine and copy records, accounts, and other documents and sources of information related to the financial assistance award and permit access to facilities and personnel.

Article XIII. Best Practices for Collection and Use of Personally Identifiable Information

Grantees who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. Wis. Stats. § 19.62 (5) Personally Identifiable Information (PII) means information that can be associated with a particular individual through one or more identifiers or other information or circumstances. This includes, but is not limited to, driver’s license numbers, Social Security numbers, addresses, telephone numbers, credit card information, and/or bank account information.

Article XIV. Establishment of Safeguards

The grantee shall ensure the establishment of safeguards to prevent employees, consultants, or members of the governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties as specified in Wis. Stats. §§ 946.10 and 946.13.

Article XV. Nondiscrimination

In connection with the performance of work under the Agreement the Grantee agrees not to discriminate against any employee or grantee for employment because of age, race, religion, color, handicap, sex, physical condition, or developmental disability as defined in Wis. Stats. § 51.01(5); arrest or conviction record, or sexual orientation, as defined in Wis. Stats. § 111.32(13m); or national origin, ancestry, or marital status. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. Apart from sexual orientation, the Grantee further agrees to take affirmative action to ensure equal employment opportunities. The grantee agrees to post in conspicuous places available for employees and candidates for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause.

Article XVI. Liability

The State of Wisconsin, the Department of Military Affairs, Wisconsin Emergency Management, its agents, and employees shall not be liable to the Grantee, or to any individuals or entities with whom the Grantee contracts for any direct, indirect, incidental, consequential, or other damages sustained or incurred because of activities, actions, or inactions on the part of the Grantee for services rendered pursuant to the Award Agreement. The grantee agrees to indemnify and save and hold the Department of Military Affairs, Wisconsin Emergency Management, its agents, and employees harmless from all claims or causes of action arising from the performance of this award by the Grantee or grantee’s agent or employees.

Article XVII. Severability

The invalidity, illegality, or unenforceability of any provision of the Agreement or the occurrence of any event rendering any portion or provision of the Agreement void shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. The parties further agree to amend the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision.

Article XVIII. Noncompliance and Remedial Measures

Submission of an application constitutes the Grantee’s designated project director’s agreement to comply with and spend funds consistent with all the terms and conditions of this award. If required statistical data, reports, and other required information are not submitted when due, WEM may withhold all payments that otherwise would be paid to the Grantee under the Agreement until such time as the reports and information are submitted. The Grantee shall provide written notice to WEM of all instances of noncompliance with the terms of the Agreement by the Grantee or any of its Subgrantees or Subcontractors, including noncompliance with allowable cost provisions. Notice shall be given as soon as practicable but in no case later than thirty (30) days after the Grantee became aware of the noncompliance. The written notice shall include information on the reason for and effect of the noncompliance and a plan to correct the noncompliance.

Failure to comply with any part of the Agreement may be considered cause for revision, suspension, or termination of the Agreement. If WEM determines that noncompliance with the Agreement has occurred or continues to occur, it shall demand immediate correction of continuing noncompliance and seek remedial measures it deems necessary to protect the interests of the State up to and including the following:

1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
2. Impose additional conditions including additional monitoring and reporting requirements.
3. Disallow all, or part of, the cost of the activity or action not in compliance.
4. Wholly or partly suspend or terminate the Agreement.
5. Temporarily having others perform and receive reimbursement for the services to be provided under the Agreement.
6. Withhold or require enhanced monitoring of future awards given to the Grantee.
7. Take other remedies necessary to protect the interests of the State.

Article XIX. Dispute Resolution and Appeal

For any disputes between WEM and the Grantee under the Agreement, the following process will be the exclusive administrative review:

1. Informal review: The WEM Grant Program Manager and the Grantee will attempt to resolve the dispute. If a dispute is not resolved at this stage, then a written statement of the adverse determination will be provided to the Grantee.
2. Appeal review: The Grantee may appeal the adverse determination by submitting a request to appeal within thirty (30) days following the receipt of the adverse determination. The WEM Bureau Director will review the request and issue a written determination within 30 days after receiving the request. The Grantee’s request to appeal must include the following:
   1. Detail the nature of the disagreement.
   2. Provide justification.
   3. Provide additional documentation to support their justification.
3. Final review: The Grantee may advance a failed appeal by submitting a request to the Bureau Director within 30 days of receiving their appeal determination. The Bureau Director will escalate the appeal request to the WEM Administrator for review and final determination.

Article XX. Repayment to WEM

Notwithstanding any other provision in Exhibit B, WEM has no obligation to pay any portion of the federal government’s share of project costs or expenses should the federal government not pay some or all of that portion. If the federal government does not reimburse WEM for funds paid to the Grantee under the Agreement, the Grantee shall repay WEM all such funds and WEM shall have no further obligation to pay any amount to the Grantee under the Agreement.

WEM shall be entitled to a refund for goods or services paid for, if the goods or services were not received, implemented, or are affected by termination of the Agreement. The refund shall be paid or appealed within thirty (30) days of a written notice of recoupment to the Grantee.

Article XXI. Order of Precedence

Any inconsistency or conflict in the Agreement, the Notice of Funding Opportunity, the WEM Standard Terms and Conditions, and special conditions, including any Federal Notice of Funding Opportunity or Federal terms and conditions, will be resolved in accordance with the term or condition that is the stricter of the two.

If the provisions of the one-page document referred to as the Agreement and any of its exhibit or other attached documents conflict, provisions required by law or federal requirements will take precedence. Otherwise, the order of precedence of provisions, from first to last, is as follows:

1. Exhibit D, Federal terms and conditions, if applicable,
2. The Agreement
3. Exhibit B, WEM Standard Terms and Conditions, to the Agreement
4. Exhibit A, Approved Award and application.
5. Exhibit C to the Agreement, Special Conditions and Additional Monitoring, if applicable

Article XXII. Termination of Agreement

1. General. Upon the termination of this Agreement for any reason, or upon Agreement expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration. Except as provided in Article XXI, Repayment to WEM, the Grantee shall be entitled to receive compensation for any payments owed under the Agreement only for deliverables that have been approved and accepted by WEM and are not subject to termination of the Agreement. Compensation for partially completed services, when available, shall at the sole discretion of WEM, be no more than the percentage of completion of the services requested, at the sole discretion of WEM, multiplied by the corresponding payment for completion of such services as set forth in the Agreement. Alternatively, at the sole discretion of WEM, the Grantee may be compensated for the actual service hours provided.
2. Basis. The Agreement may be terminated in whole or in part on the following basis:
   1. Termination for Non-appropriation: WEM reserves the right to cancel the Agreement at will in whole or in part without penalty effective upon delivery of written notice to the Grantee, under any of the following conditions
      1. If the Wisconsin Legislature, United States Congress, or any other direct funding entity contributing to the financial support of this contract fails to appropriate funds, rescinds appropriated funds, reduces funds to levels no longer sufficient to allow for goods or services to meet program objectives, revokes WEM’s authority to obligate or receive funds necessary to complete the agreement, or deobligates funds in whole or in part.
      2. If federal or state laws, rules, regulations, or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under the or are no longer eligible for the funding proposed for payments by this grant.
   2. Termination for Cause. WEM may terminate this Agreement after providing the Grantee with thirty (30) calendar days written notice of the Grantee’s right to cure a failure of the Grantee to perform under the terms of this Agreement, if the Grantee fails to so cure or commence to cure within that 30-day period.
   3. Termination or Convenience: The Grantee may terminate this Agreement for convenience at any time by providing WEM a written notice at least 30 days prior to the desired date of termination. During this notification period, the Grantee will continue providing services in accordance with the Agreement requirements.
   4. Cancellation: WEM reserves the right to immediately cancel this Agreement, in whole or in part, without penalty and without an opportunity for Grantee to remedy if the Grantee:
      1. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity.
      2. Allow any final judgment not to be satisfied or a lien not to be disputed after a legally imposed, thirty (30)-day notice or make an assignment for the benefit of creditors;
      3. Fails to follow the sales and use tax certification requirements of Wis. Stat. § 77.66;
      4. Incurs a delinquent Wisconsin tax liability;
      5. Fails to follow state or federal laws applicable to the Grantee.
      6. Becomes a federally debarred Grantee or excluded from federal procurement and non-procurement Agreements;
      7. Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Agreement; or
      8. Grantee performance threatens the health or safety of a state employee or state customer.

Appendix III: Federal Terms and Conditions

Article I. Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications

Recipients must complete either the Office of Management and Budget (OMB)Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances, as instructed.

Article II. 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 III. 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 IV. 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 V. 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 VI. Americans with Disabilities Act of 1990

Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 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 VII. 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 VIII. 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 DHS 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 IX. 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. DHS 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 X. 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 XI. 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 XII. 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 XIII. 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 XIV. 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 XV. 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 XVI. 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 XVII. 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 XVIII. 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 XIX. 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. § 1101(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 XX. False Claims Act and Program Fraud Civil Remedies

Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)

Article XXI. 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 XXII. 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 XXIII. 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 | 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 XXIV. 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 XXV. 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 XXVI. 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 XXVII. 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 XXVIII. 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 XXIX. 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 XXX. 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 XXXI. 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 XXXII. 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 XXXIII. 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 XXXIV. 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 XXXV. 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 XXXVI. 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 XXXVII. 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 XXXVIII. 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 | 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 XXXIX. 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 | CISA.

Article XL. 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 XLI. 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 XLII. 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 XLIII. 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 XLIV. 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 XLV. 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 XLVI. 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 XLVII. Whistleblower Protection Act

Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 470141 U.S.C. § 4712.

Article XLVIII. 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 XLIX. 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 L. 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 LI. 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 LII. 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 LIII. 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 LIV. 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 LV. Summary Description of Award

The Nonprofit Security Grant Program (NSGP) National Security Supplement (NSS) plays an important role in the implementation of the National Preparedness System (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the National Preparedness Goal. The NSGP provides funding support for statutorily eligible costs to include target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack. The program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as State and local government agencies. The terms of the approved Investment Justification(s) are incorporated into the terms and conditions of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA of the award budget. Post- award documents uploaded into FEMA GO for this award are also incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent approvals by FEMA of changes to the award.

Subawards and projects not listed in this Agreement Article are not approved for funding under this award. This NSGP award is for $2,438,046.00, which includes Management and Administration (M&A) and the following subrecipients and subaward amounts:

M&A: $121,902.00

NSGP-NSS-State Total: $2,316,144.00

Congregation Sinai, $1,000,000.00

Hillel Foundation University of Wisconsin, Inc., $200,000.00 Camp Moshava of Wild Rose, Inc. – Main Campus, $200,000.00 Camp Moshava of Wild Rose, Inc. – Manor, $200,000.00

Camp Young Judaea Midwest, Inc., $200,000.00 Temple Beth El, $131,450.00

Camp Ramah in Wisconsin, $200,000.00 Beth Israel Center, $127,694.00

Hebrew Congregation Sons of Abraham, $57,000.00

Article LVI. NSGP Performance Goal

In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability associated with this project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

Article LVII. Funding Hold: Additional Information Required

For some subrecipients, FEMA has placed a hold grant funds and additional information must be provided before funding may be released. Subrecipients with a funding hold must submit the requested additional information to have the funding hold released. Any subrecipient with funding hold will be contacted by the Grant Manager.

Article LVIII. Termination of the Federal Award

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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 LIX. Payment Information

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, 2C.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 LX. 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. Paragraphs (1)(f) and (2)(a)(iii) of Anti-Discrimination.