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FY12 Emergency Management Performance Grant
<br />Agreement Articles, Assurances, Certifications, Terms, and Conditions
<br />FEDERAL AGREEMENT ARTICLES
<br />Article I - Administrative Requirements
<br />The administrative requirements that apply to most DHS award recipients through a grant or cooperative
<br />agreement arise from two sources: - Office of Management and Budget (OMB) Circular A-102, Uniform
<br />Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also
<br />known as the "A-102 Common Rule"), found under DHS regulations at Title 44, Code of Federal Regulations
<br />(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
<br />Governments." - OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with
<br />Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, relocated to 2 CFR Part 215. The
<br />requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A-110
<br />(2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of
<br />the award. The four costs principles circulars are as follows: - OMB Circular A-21, Cost Principles for Educational
<br />Institutions, relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
<br />Governments, relocated to 2 CFR Part 225. - OMB Circular A-122, Cost Principles for Non-Profit Organizations,
<br />relocated to 2 CFR Part 230. - OMB Circular A-133, Audits of States, Local Governments and Non-Profit
<br />Organizations.
<br />Article II - DHS Specific Acknowledgements and Assurances
<br />All recipients of financial assistance must acknowledge and agree-and require any subrecipients, contractors,
<br />successors, transferees, and assignees acknowledge and agree-to comply with applicable provisions governing
<br />DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with
<br />any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and
<br />the right to examine and copy records, accounts, and other documents and sources of information related to the
<br />grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as
<br />required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely,
<br />complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
<br />support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation
<br />requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient
<br />has been accused of discrimination on the grounds of race, color, national origin (including limited English
<br />proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such
<br />proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding
<br />office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency
<br />makes a finding of discrimination on grounds of race, color, national origin (including limited English
<br />proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or
<br />matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS
<br />Component and/or awarding office. The United States has the right to seek judicial enforcement of these
<br />obligations.
<br />Article III - Lobbying Prohibitions
<br />None of the funds provided under an award may be expended by the recipient to pay any person to influence, or
<br />attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
<br />Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or
<br />renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at
<br />31 U.S.C. § 1352.
<br />Exhibit 2
<br />55A-5
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