From: To: Cc: Subject: Date: Attachments:
Truong, Carolyn anthonyt@friendshiphousesf.org Drake, Kerry; Mendiola, Angela; Ali, Fareed; Cloyd, Michael; peterb@friendshiphousesf.org Termination of EPA Assistance Award 51-98T91501 Friendship House Association of American Indians Friday, February 21, 2025 2:47:10 PM 51-98T91501-1-FHAAI-Termination Memo.pdf 51-98T91501-1-FHAAI-Award.pdf
Dear EPA Grant Recipient:
Attached is your Termination of Award from the U.S. Environmental Protection Agency. The Federal Award Identification Number (FAIN) is on your agreement on the top of page one and in the subject line of this message. Please use this number in communicating with EPA about this grant. Please carefully review the assistance agreement and the terms and conditions.
We recommend you forward the award document to any other personnel in your organization requiring information about the award. The recipient's signature is not required on this agreement.
For information regarding payments and financial reports, please refer to the following website at https://www.epa.gov/financial/grants. Additionally, the RTP Finance Center's email address is rtpfcgrants@epa.gov.
If you have any questions, please contact Kerry Drake, Region 9 Senior Resource Official at drake.kerry@epa.gov
Sincerely,
Carolyn Truong Grants Management Officer Truong.carolyn@epa.gov
February 21, 2025
MEMORANDUM
SUBJECT:
Termination of EPA Assistance Agreement 51-98T91501 under 2 CFR 200.340
FROM:
EPA Award Official
TO:
Anthony Tam, Chief Financial Officer
The Friendship House Association of American Indians
The purpose of this communication is to notify you that the U.S. Environmental Protection Agency (EPA) is hereby terminating Assistance Agreement No. 51-98T91501 awarded to The Friendship House Association of American Indians. In accordance with 2 CFR 200.340(a)(2) (effective August 13, 2020 - September 30, 2024) and the Termination term and condition contained in the EPA General Terms and Conditions effective August 13, 2020 - September 30, 2024, EPA Assistance Agreement 51-98T91501 is terminated in its entirety effective immediately on the grounds that the award no longer effectuates the program goals or agency priorities. The objectives of the award are no longer consistent with EPA funding priorities.
It is a priority of the EPA to eliminate discrimination in all programs throughout the United States. The EPA Administrator has determined that, per the Agency's obligations to the constitutional and statutory law of the United States, this priority includes ensuring that the Agency's grants do not support programs or organizations that promote or take part in diversity, equity, and inclusion ("DEI") initiatives, "environmental justice" initiatives, and conflict with the Agency's policy of prioritizing merit, fairness, and excellence in performing our statutory functions. In addition to complying with the civil rights laws, it is vital that the Agency assess whether all grant payments are free from fraud, abuse, waste, and duplication, as well as to assess whether current grants are in the best interests of the United States.
The grant specified above provides funding for programs that promote or take part in DEI initiatives or environmental justice initiatives or other initiatives that conflict with the Agency's policy of prioritizing merit, fairness, and excellence in performing our statutory functions; that are not free from fraud, abuse, waste, or duplication; or that otherwise fail to serve the best interests of the United States. The grant is therefore inconsistent with, and no longer effectuates, Agency priorities.
The process for closeout is generally outlined in 2 CFR 200.344. EPA is clarifying what reports are required and what reports are waived below. Other requirements are still in effect if applicable to your grant.
EPA is requiring the following closeout reports due within 120 days of closeout (2 CFR 200.344a:) Final Federal Financial Report, SF-425 Final Technical Report Other programmatic reports identified in your terms and conditions
As part of this termination, EPA is waiving the following closeout reports: Property Report, SF-428 Final Minority Business Enterprise/Woman Business Enterprise Utilization Under Federal Grants and Cooperative Agreements, EPA Form 5700-52A
The recipient may request payment from the Automated Standard Application Payments (ASAP) system for allowable costs incurred up to the date of this memo provided that such costs were contained in the approved workplan. Costs incurred by you after this termination are allowable only if (a) those costs were properly incurred by you before the effective date of this termination, and not in anticipation of it; and (b) those costs would be allowable if your federal award was not suspended or expired normally at the end of the period of performance in which the termination takes effect. See 2 C.F.R. 200.343. You are encouraged to carefully review and discharge your closeout responsibilities set forth in 2 C.F.R. 200.344-45 and your award agreement. Those responsibilities include, but are not limited to, your obligation to "promptly refund any unobligated funds" that have been paid out but "are not authorized to be retained." See 2 C.F.R. 200.344(g).
Also, per 2 CFR 200.472, a recipient may use grant funds to properly closeout their grant including reasonable and necessary costs that might occur after the date of this memo. If the recipient drew down funds from ASAP for costs beyond the termination date or for costs that exceed the amount necessary to properly closeout their grant, the recipient must contact RTPFC at rtpfc-grants@epa.gov for instructions on how to return the excess funds.
The EPA Grants Management Office has issued an amendment to the agreement to document the termination.
If you wish to dispute this termination decision, the Disputes Decision Official (DDO), Drake.kerry@epa.gov, must receive the Dispute no later than 30 calendar days from the date this termination notice is electronically sent to you. Disputes must be sent electronically by email to the DDO, with a copy to the EPA Award Official, Truong.carolyn@epa.gov within the 30-day period stated above. The Dispute submitted to the DDO must include: (1) A copy of the disputed Agency Decision; (2) A detailed statement of the specific legal and factual grounds for the Dispute, including copies of any supporting documents; (3) The specific remedy or relief you seek under the Dispute; and (4) The name and contact information, including email address, of your designated point of contact for the Dispute. See 2 CFR 1500.15
The requirements on post-closeout adjustments and continuing responsibilities, including audit and record retention requirements, at 2 CFR 200.345 remain in effect.
ATTACHMENT Amendment Document
cc: Peter Bratt, The Village SF Lead (The Friendship House Association of American Indians) Fareed Ali, EPA Grant Specialist Michael Cloyd, EPA Project Officer
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