# **FEMA-STATE AGREEMENT FOR THE FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM**

**The terms and conditions of the FEMA-State Agreement should not be
modified by the Grantee. Please contact your FEMA Region if you have
questions.**

This is the annual FEMA-State Agreement for the Fire Management
Assistance Grant Program (the Agreement) under Section 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5187
(the Stafford Act); in accordance with Title 44 of the Code of Federal
Regulations (44 CFR) §204.25. The State must have a signed and
up-to-date FEMA-State Agreement before receiving Federal funding for
grants under approved requests for Fire Management Assistance
declarations. The Governor and Regional Director are entering into this
Agreement for all Fire Management Assistance declarations approved
pursuant to 44 CFR Part 204 throughout the calendar year as the parties
incorporate by amendment into this Agreement.

1.  Federal assistance will be made available, within the limits of
    funds available from Congressional Appropriations for such purposes,
    in accordance with Section 420 of the Stafford Act, Executive Orders
    12148 and 12673, applicable regulations found in 44 CFR including
    Part 13 and Part 204 as amended, and applicable policy and guidance.

2.  Pursuant to 44 CFR, the State agrees to be the Grantee for the Fire
    Management Assistance Grant Program, Section 420 of the Stafford
    Act. The State agrees to comply with the Stafford Act, 44 CFR, and
    other applicable Federal and State laws, regulations, executive
    orders, policy, and guidance. \_\_\_\_\_\_ [(State
    Agency)]{.underline}\_\_\_\_\_\_\_\_\_\_ will serve as the Grantee;
    the Governor's Authorized Representative (GAR) and Alternate GAR are
    identified in Exhibit A. The Grantee is accountable for the use of
    the funds provided. All other State Agencies applying for Federal
    assistance will be designated as a subgrantee.

3.  The State hereby waives any consultation process under Executive
    Order 12372 and 44 CFR Part 4, for grants or other financial
    assistance under the Stafford Act for the Fire Management Assistance
    Grant Program.

4.  The State legislative authority for firefighting and laws,
    regulations, and other provisions applicable to this program include
    [\_\_\_\_\_\_\_(applicable State
    authorities)\_\_\_\_\_\_\_\_.]{.underline}

5.  Federal assistance may be provided only for eligible costs incurred
    in the mitigation, management and control of a declared fire that is
    identified in this Agreement, in accordance with 44 CFR Part 204.

6.  The Regional Director in consultation with the Governor's Authorized
    Representative and the Principal Advisor will establish the incident
    period for a declared fire. If the incident period for a declared
    fire extends into the next calendar year, Federal assistance with
    respect to that fire is governed by the fire threshold and the
    FEMA-State agreement in effect for the calendar year in which the
    incident period for the declared fire begins.

7.  The State must meet the individual or cumulative fire cost threshold
    pursuant to 44 CFR §204.51(b) prior to approval of the State's grant
    application (Standard Form 424, Request for Federal Assistance). The
    State must also have a current Administrative Plan and a
    FEMA-approved State Mitigation Plan (SMP) pursuant to 44 CFR § 201
    and §204.51(d) before we approve the State's grant application. If
    the State does not have an approved SMP at the time the Amendment to
    FEMA-State Agreement for the Fire Management Assistance Grant
    Program (Exhibit E) is signed, the State will submit formally its
    approvable SMP for FEMA review and approval within 30 days of the
    date of the Amendment. If the State fails to do so, FEMA will deny
    the State's application for assistance under the declaration.

# Federal funds may be provided under the Stafford Act for the Fire Management Assistance Grant Program on a 75 percent Federal/25percent non-Federal cost-sharing basis once the fire cost threshold is met. 

8.  The State agrees, on its behalf and on behalf of its political
    subdivisions and other recipients of Fire Management Assistance to
    cooperate with the Federal Government in seeking recovery of funds
    that are expended in the mitigation, management and control of a
    declared fire identified in this Agreement against any party or
    parties whose intentional acts or omissions may have caused or
    contributed to the damage or hardship for which Federal assistance
    is provided pursuant to the Fire Management Assistance Grant Program
    under Section 420 of the Stafford Act.

9.  The State agrees, on its behalf and on behalf of its political
    subdivisions and other recipients of assistance under the Fire
    Management Assistance Grant Program, to seek recovery of all funds
    that are expended in the mitigation, management or control of a
    declared fire identified in this Agreement from any party or parties
    whose negligence may have caused or contributed to the damage or
    hardship for which FEMA provides assistance. FEMA will treat such
    amounts as duplicated benefits available to the Grantee in
    accordance with 42 U.S.C. 5155 and 44 CFR §204.62.

10. Within its authorities, the Governor shall ensure, through the State
    agency responsible for regulation of the insurance industry, that
    insurance companies make full payment of eligible insurance benefits
    to recipients of Federal assistance. The State also shall take all
    responsible steps to ensure that recipients are aware of procedures
    for filing insurance claims, and are informed of any State
    procedures instituted for assisting insured entities. Further, the
    State shall take all actions necessary and reasonable to ensure that
    all recipients of Federal assistance are aware of their
    responsibility to repay government assistance that is duplicated by
    insurance proceeds.

11. The State will certify that all costs reported on an applicant's
    Project Worksheet for work performed are in compliance with the
    terms and conditions in the FEMA State Agreement.

12. Amendments to this agreement shall be executed for each Fire
    Management Assistance declaration approved during the calendar year.
    The amendment will specify the incident period, official fire name,
    declaration number, and counties included in the fire declaration.

13. Attached and also made a part of this Agreement are:

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a.  Exhibit A, State officials authorized to execute certification and
    otherwise to act on behalf of the State; and

b.  Exhibit B, Certification regarding Drug-Free Workplace requirements.

c.  Exhibit C, Certification for Contracts, Grants, Loans, and
    Cooperative Agreements, New Restrictions on Lobbying.

d.  Exhibit D, Disaster Grant Agreement Articles.

e.  Exhibit E, Amendment to the FEMA-State Agreement for the Fire
    Management Assistance Grant Program

Agreed:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Governor Regional Director

Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**EXHIBIT A**

**STATE CERTIFICATION OFFICERS**

1\. The Governor hereby certifies that \[NAME\] is the Governor\'s
Authorized Representative (GAR) empowered to execute on behalf of the
State all necessary documents for the Fire Management Assistance Grant
Program, including, submitting requests for fire management assistance
declarations, applying for the initial grant award, approving and
submitting subgrants and certification of claims to the Regional
Director. \[NAME\] is the First Alternate Governor\'s Authorized
Representative, \[NAME\] is the Second Alternate Governor's Authorized
Representative, and they are similarly empowered. Their specimen
signatures follow:

\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

GAR First Alternate GAR

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State Agency State Agency

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Second Alternate GAR Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State Agency

2\. The Governor hereby certifies that \[NAME\] is the official of the
State, authorized to execute compliance reports, carry out compliance
reviews, and distribute informational material as required by FEMA to
ensure that all recipients of Federal disaster assistance are in full
compliance with FEMA nondiscrimination regulations (located at 44 CFR,
Part 7).

3\. The Governor hereby certifies that \[NAME\] is the official of the
State who will

execute compliance reports, carry out compliance reviews, and distribute
information material as required by FEMA to ensure that all recipients
of Federal disaster assistance are in compliance with the General
Services Administration List of Parties Excluded from Federal
Procurement and Nonprocurement Programs.

**EXHIBIT B**

## **CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS**

This certification is required by the regulations implementing the
Drug-Free Workplace Act of 1988, 44 CFR Part 17, Subpart F. The
regulations require certification by grantees, prior to award, that they
will maintain a drug-free workplace. The certification set out below is
a material representation of fact upon which reliance will be placed
when the agency determines to award the grant. False certification or
violation of the certification shall be grounds for suspension of
payments, suspension or termination of grants, or governmentwide
suspension or debarment. (See 44 CFR Part 17, Subpart C and Subpart D).

A. **The grantee certifies that it will or will continue to provide a
drug-free workplace by:**

\(a\) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee\'s workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;

\(b\) Establishing an ongoing drug-free awareness program to inform
employees about\--

\(1\) The dangers of drug abuse in the workplace;

\(2\) The grantee\'s policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee
    assistance programs; and

\(4\) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;

\(c\) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);

\(d\) Notifying the employee in the statement required by paragraph (a)
that, as a condition of employment under the grant, the employee will\--

\(1\) Abide by the terms of the statement; and

> \(2\) Notify the employer in writing of his or her conviction for a
> violation of a criminal drug statute occurring in the workplace no
> later than five calendar days after such conviction;

\(e\) Notifying the agency in writing within ten calendar days after
receiving notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee
was working, unless the Federal agency has designated a central point
for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;

\(f\) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any employee
who is so convicted\--

\(1\) Taking appropriate personnel action against such an employee, up
to and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or

\(2\) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate
agency;

\(g\) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d), (e)
and (f).

B. The grantee may insert in the space provided below the site(s) for
the performance of work done in connection with this grant:

**Place(s) of Performance**:

# \[ADDRESS\]

Organization Name

### 

Name and Title of Authorized Representative

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

## **EXHIBIT C**

**CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,**

**AND COOPERATIVE AGREEMENTS**

This certification is required by the regulations implementing the New
Restrictions on Lobbying, 44 CFR Part 18. The undersigned certifies, to
the best of his or her knowledge and belief, that:

1\. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.

2\. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting 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 this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
\"Disclosure Form to Report Lobbying,\" in accordance with its
instructions.

3\. The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.

This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, Title 31, U.S.C.
Any person who fails to file the required certification shall be subject
to a civil penalty of not less than \$10,000 and not more than \$100,000
for each such failure.

### \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name and Title of Authorized Representative

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

**EXHIBIT D**

**DISASTER GRANT AGREEMENT ARTICLES**

**[ARTICLE I.]{.underline}** The United States of America, through the
Director, Federal Emergency Management Agency (FEMA) (herein referred to
as "the Grantor") or his/her delegate, agrees to grant to the State
Government, through its designated agency named on the first page of
this Agreement (hereinafter referred to as "the Grantee") funds in the
amount specified on the obligating document, to support the Fire
Management Assistance Grant Program authorized under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section
5187 (the Stafford Act), and activated in the FEMA-State Agreement for
Fire Management Assistance Grants and applicable amendments. The Grantee
agrees to abide by the grant terms and conditions as set forth in this
document, to comply with all provisions of the State Administrative
Plan, and all conditions contained in the FEMA-State Agreement.

**[ARTICLE II.]{.underline}** This agreement takes effect at the time
the FEMA-State Agreement is executed and remains in effect for the
calendar year for all approved Fire Management Assistance Grants. Refer
to obligating documents for funding information.

**[ARTICLE III.]{.underline}** As stated in Exhibit B, paragraph 2, the
Grantee agrees to comply with all applicable laws and regulations. In
particular, the following laws, regulations, and OMB circulars govern
standard grant management practices and are incorporated into this
agreement by reference. Due to the nature of grant administration
following the approval of a Fire Management Assistance Grant, some
variance from standard practice may be warranted upon determination by
FEMA.

**The Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. Sections 5121-5206 (the Stafford Act).**

**Title 44 of the Code of Federal Regulations (44 CFR)**

44 CFR Part 13 Uniform administrative requirements for grants and

cooperative agreements to state and local governments

44 CFR Part 17 Government-wide debarment and suspension (nonprocure-

ment) and government-wide requirements for drug-free

workplace (grants)

44 CFR Part 18 New restrictions on lobbying

44 CFR Part 204 Disaster Assistance; Fire Management Assistance Grant

Program

44 CFR Subchapter B -- Insurance and Hazard Mitigation

44 CFR Subchapter C -- Fire Prevention and Control

44 CFR Subchapter D -- Disaster Assistance

44CFR Part 7 Nondiscrimination in Federally Assisted Programs

**OMB Circular A-110** Uniform Administrative Requirements for Grants
and Agreements with institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations

**OMB Circular A-102** Uniform Administrative Requirements for Grants
and Cooperative Agreements with State and Local Governments

**OMB Circular A-87** Cost Principles for State and Local Governments

**OMB Circular A-122** Cost Principles for Nonprofit Organizations

**OMB Circular A-133** Audits of States, Local Governments, and
Non-Profit Organizations

Assurances submitted with the SF 424, Application for Federal Assistance

**31 CFR 205.6** Funding techniques -- Cost Management Improvement Act

**[ARTICLE IV.]{.underline}** The specific terms and conditions of this
agreement are as follows:

1.  No transfer of funds to agencies other than those identified in the
    approved grant agreement shall be made without prior approval by
    FEMA. Grantee shall be paid using the HHS Smartlink System, provided
    Grantee maintains and complies with procedures for minimizing the
    time between transfer of funds from the US Treasury and disbursement
    by the Grantee and Subgrantees. The Grantee commits itself to: 1)
    initiating cash drawdowns only when actually needed for its
    disbursement; 2) timely financial reporting per FEMA requirements
    using FEMA Form 20-10; and imposing the same standards of timing and
    amount upon any secondary recipient.

2.  Grantee shall follow the cost sharing requirements per 44 CFR, Part
    204, Section 204.61.

3.  The Grantee shall transfer to FEMA the appropriate share, based on
    the Federal support percentage, of any refund, rebate, credit,
    amount derived from legal action, or other amounts arising from the
    performance of this agreement, along with any accrued interest, if
    any. The Grantee shall take necessary action to effect prompt
    collection of all monies due or which may become due and to
    cooperate with FEMA in any claim or suit in connection with amounts
    due.

4.  The Grantee is free to copyright any original work developed in the
    course of or under the agreement. FEMA reserves a royalty-free,
    nonexclusive and irrevocable right to reproduce, publish, or
    otherwise use the work for Government purposes. Any publication
    resulting from work performed under this agreement shall include an
    acknowledgement of FEMA financial support and a statement that the
    publication does not necessarily reflect FEMA's views.

5.  The Grantee shall submit final financial status reports using FEMA
    Form 20-10 within 90-days of the performance period expiration date
    to report all administrative costs incurred within the performance
    period.

6.  The grant shall be completed within the time period prescribed in
    FEMA regulations and on the obligating documents. Written request
    for an extension will include information and documentation to
    support the amendment and a schedule for completion. No subsequent
    grant agreements, monetary increase amendments, or time extension
    amendments will be approved unless all overdue final financial or
    performance reports have been submitted by the Grantee to the
    appropriate Regional office.

7.  The certifications signed by the State on the FEMA-State Agreement
    relating to maintenance of a Drug-Free workplace (44 CFR Part 17,
    Subpart F) and New Restrictions on Lobbying (44 CFR Part 18) apply
    to this grant agreement and are incorporated by reference.

**EXHIBIT E**

**AMENDMENT TO**

**FEMA-STATE AGREEMENT FOR THE FIRE MANAGEMENT ASSISTANCE GRANT
PROGRAM**

This amends the FEMA-State Agreement for the Fire Management Assistance
Grant Program under section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 USC 5187, in accordance with 44
CFR Part 204.25.

On\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(date), FEMA declared [(fire
name and declaration number)]{.underline} , in the State of
[(state),]{.underline} and the following counties
\_\_\_\_\_\_\_\_\_\_\_\_

[\_\_\_\_\_(insert
counties)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,]{.underline} based on
the threat posed by the fire during [(incident period)]{.underline} .

(***Include the following if the State does not have an approved SMP at
the time of this Amendment\]***

Before the State's application will be approved and assistance provided,
the State must have a FEMA approved State Mitigation Plan (SMP) in
accordance with 44 CFR Part 201 and 204.51(d). The State will submit
formally its approvable SMP for FEMA review and approval within 30 days
of the date of the Exhibit E Amendment to the FEMA State Agreement. If
the State fails to do so, FEMA will deny the State's application for
assistance under the declaration.

The State will adhere to the terms and conditions of the FEMA-State
Agreement dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_ for this declared fire.

Agreed:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Governor Regional Director

Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_