Agenda packet — Baldwin Park City Council, November 16, 2022 (part 2 of 3)

FY 2020 HSGP NOFO

• Cooperation with DHS officials and other
entities designated by DHS in
intelligence, threat recognition and
analysis
• Joint training and planning with DHS
officials and other entities designated by
DHS
Addressing Emergent
Threats, such as
Transnational
Criminal
Organizations and
UAS
• Interdiction &
disruption
• Screening, search and
detection
• Physical protective
measures
• Intelligence and
information sharing
• Planning
• Public Information
and Warning
• Operational
Coordination
• Safety and
security
• Sharing and leveraging intelligence and
information
• UAS detection technologies
• Enhancing weapons of mass destruction
(WMD) and/or improvised explosive
device (IED) prevention, detection,
response and recovery capabilities
o Chemical Biological
Radiological Nuclear and
Explosive (CBRNE) detection,
prevention, response, and
recovery equipment
Enduring Needs
Planning • Planning
• Risk management for
protection programs
and activities
• Risk and disaster
resilience assessment
• Threats and hazards
identification
• Operational
coordination
• Community resilience
• Safety and
security
• Development of:
o Security Risk Management Plans
o Continuity of Operations Plans
o Response Plans
• Efforts to strengthen governance
integration between/among regional
partners
• Joint training and planning with DHS
officials and other entities designated by
DHS
• Cybersecurity training and planning
Training &
Awareness
• Long-term
vulnerability
reduction
• Public information
and warning
• Operational
coordination
• Situational
assessment
• Community resilience
• Safety and
security
• Active shooter training
• Security training for employees
• Public awareness/preparedness campaigns
• Joint training and planning with DHS
officials and other entities designated by
DHS
• Cybersecurity training and planning
Equipment & Capital
Projects
• Long-term
vulnerability
reduction
• Infrastructure systems
• Operational
communications
• Interdiction and
disruption
• Screening, search and
detection
• Access control and
identity verification
• Physical protective
measures
• Safety and
security
• Protection of high-risk, high-consequence
areas or systems that have been identified
through risk assessments
• Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment
for people and baggage
o Lighting
o Access Controls
 Fencing, gates,
barriers, etc.

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Exercises • Long-term
vulnerability
reduction
• Operational
coordination
• Operational
communications
• Community
resilience
• Safety and
security
• Response exercises

Starting in FY 2020, each SHSP and UASI recipient is required to submit an Investment Justification (IJ) for each of the four national priorities identified above. Under the Cybersecurity investment and the Soft Target/Crowded Places investments one project for each of those two investments must be to support enhancing election security. As a reminder, all SHSP- and UASI-funded projects must have a demonstrated nexus to preventing, preparing for, protecting against, and responding to acts of terrorism. However, such projects may simultaneously support enhanced preparedness for disasters unrelated to acts of terrorism.

DHS/FEMA also requires SHSP and UASI recipients (e.g., states, territories, and high-risk urban areas) to complete a THIRA/SPR and prioritize grant funding to support closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional information on the THIRA/SPR process, including other National Preparedness System (NPS) tools and resources, can be found at https://www.fema.gov/national-preparedness-system.

Detailed
information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants Manual.

FY 2020 OPSG Funding Priorities

Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
Enhancing
information and
intelligence
sharing and
cooperation with
federal agencies,
including DHS
• Intelligence and
information sharing
• Safety and
security
• Participation in the DHS/ICE 287(g)
training program
• Information sharing with all DHS
components, fusion centers, and other
entities designated by DHS
• Cooperation with DHS officials and other
entities designated by DHS in
intelligence, threat recognition and
analysis
• Joint training and planning with DHS
officials and other entities designated by
DHS
Addressing
Emergent
Threats, such as
Transnational
Criminal
Organizations
• Interdiction & disruption
• Screening, search and
detection
• Physical protective
measures
• Intelligence and
information sharing
• Safety and
security
• Operational overtime for border security
operations as directed by the applicable,
USBP-approved operations order
• Sharing and leveraging intelligence and
information

Starting in FY 2020, each OPSG applicant is required to clearly articulate and identify how the Concept of Operations addresses each of the two national priorities identified above.

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10. Performance Metrics
Performance metrics for this program are as follows:

SHSP and UASI:
• Percentage of funding allocated by the recipient to core capabilities to build or sustain national priorities identified in the section above; and OPSG:
• Number of contacts that occurred as a result of OPSG deployments o Number of arrests that resulted from OPSG contacts
o Value of drug seizures that resulted from OPSG contacts

B. Federal Award Information
Award Amounts, Important Dates, and Extensions
Available Funding for the HSGP NOFO: $1,120,000,000
HSGP Programs FY 2020 Allocation
State Homeland Security Program $415,000,000
Urban Area Security Initiative $615,000,000
Operation Stonegarden $90,000,000
Total $1,120,000,000

SHSP Allocations

For FY 2020, DHS/FEMA will award SHSP funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The following table identifies the targeted SHSP allocation ranges for each State based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended. States are strongly encouraged to apply for funding at least 15% over the high end of their target allocation range as ineffective applications will not be funded. Final award amounts will be based on DHS/FEMA’s evaluation of the effectiveness of proposed investments and projects.

Regardless of the amount of a State’s targeted SHSP allocation range, each State must include a separate investment for each of the four national priority areas identified in the Priorities section, above. The funding level in each national priority area investment must equal or exceed the percentage for that respective national priority area, calculated as a percentage of the State’s targeted SHSP allocation in the table below. For the states that receive a target allocation in excess of the minimum, the percentage is calculated against the high end of the range, as displayed in the table below. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the State’s application as described in Section D, below. Final awards are based on whether the State has proposed investments in each of the four national priority areas in an amount equal to or greater than the percentage for that priority area and based on the effectiveness review.

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DHS/FEMA will allocate to each state and territory a minimum allocation under the SHSP using thresholds established in the Homeland Security Act of 2002, as amended. The minimum allocation for all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico is 0.35 percent of the total funds appropriated for grants under Section 2003 and Section 2004 of the Homeland Security Act of 2002, as amended. The minimum allocation for the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) is 0.08 percent of the total funds appropriated for grants under Section 2003 and 2004 of the Homeland Security Act of 2002, as amended. THIRA/SPR results do not impact grant allocation or award.

Regardless of the final award amount, a state must invest SHSP funding in each of the four national priority areas in an amount equal to or greater than percentage identified above for each national priority area, as approved by DHS/FEMA.

FY 2020 TARGET SHSP ALLOCATIONS

State/Territory

FY 2020 Allocation

State/Territory

FY 2020 Allocation
New York $59,174,400 - $73,968,000 Kentucky $4,287,500
California $49,608,800 - $62,011,000 Louisiana $4,287,500 Texas $15,839,200 - $19,799,000 Maine $4,287,500
Illinois $12,085,600 - $15,107,000 Minnesota $4,287,500 Florida $8,127,200 - $10,159,000 Mississippi $4,287,500 Virginia $7,076,800 - $8,846,000 Missouri $4,287,500
Georgia $4,600,000 - $5,750,000 Montana $4,287,500
Pennsylvania $7,076,800 - $8,846,000 Nebraska $4,287,500 Maryland $6,153,600 - $7,692,000 Nevada $4,287,500
New Jersey $6,153,600 - $7,692,000 New Hampshire $4,287,500 Washington $5,384,800 - $6,731,000 New Mexico $4,287,500 Massachusetts $5,384,800 - $6,731,000 North Dakota $4,287,500 Ohio $5,384,800 - $6,731,000 Oklahoma $4,287,500
North Carolina $4,423,200 - $5,529,000 Oregon $4,287,500 District of Columbia $4,423,200 - $5,529,000 Puerto Rico $4,287,500 Michigan $4,423,200 - $5,529,000 Rhode Island $4,287,500 Alabama $4,287,500 South Carolina $4,287,500
Alaska $4,287,500 South Dakota $4,287,500
Arizona $4,287,500 Tennessee $4,287,500
Arkansas $4,287,500 Utah $4,287,500
Colorado $4,287,500 Vermont $4,287,500
Connecticut $4,287,500 West Virginia $4,287,500
Delaware $4,287,500 Wisconsin $4,287,500
Hawaii $4,287,500 Wyoming $4,287,500
Idaho $4,287,500 American Samoa $1,000,000
Indiana $4,287,500 Guam $1,000,000
Iowa $4,287,500 Northern Mariana $1,000,000
Kansas $4,287,500 U.S. Virgin Islands $1,000,000
$415,000,000

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UASI Allocations
Eligible candidates for the FY 2020 UASI program are identified in the table below. Eligibility has been determined through an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States, in accordance with the Homeland Security Act of 2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureau at https://www.census.gov/programs-

surveys/metro-micro.html. THIRA/SPR results do not impact grant allocation or award.

For FY 2020, DHS/FEMA will award UASI funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The following table identifies the targeted UASI allocations for each high-risk urban area based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended. Applicants are strongly encouraged to apply for funding at least 15% over the high end of their target allocation range as ineffective applications will not be funded.

Final award amounts will be based on DHS/FEMA’s evaluation of the effectiveness of proposed investments and projects.

In its application, each high-risk urban area, through the State, must include a separate investment for each of the four national priority areas identified in the Priorities section, above.

The funding level in each national priority area investment must equal or exceed the percentage for that respective national priority area, calculated as a percentage of the high-risk urban area’s targeted UASI allocation in the table below. The percentage is calculated against the high end of the range, as displayed in the table below. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the high-risk urban area’s application as described in Section D, below. Final awards are based on whether the State has proposed investments in each of the four national priority areas in an amount equal to or greater than the percentage for that priority area and based on the effectiveness review.

Regardless of the final award amount, a high-risk urban area must invest UASI funding in each of the four national priority areas in an amount equal to or greater than percentage identified above for each national priority area, as approved by DHS/FEMA.

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FY 2020 TARGET UASI ALLOCATIONS

State/Territory Funded Urban Area FY 2020 UASI Allocation Arizona Phoenix Area $4,200,000 - $5,250,000

California
Anaheim/Santa Ana Area $4,200,000 - $5,250,000
Bay Area $30,000,000 - $37,500,000
Los Angeles/Long Beach Area $54,400,000 - $68,000,000
Riverside Area $2,800,000 - $3,500,000
Sacramento Area $2,800,000 - $3,500,000
San Diego Area $13,520,000 - $16,900,000
Colorado Denver Area $2,800,000 - $3,500,000
District of Columbia National Capital Region $41,400,000 - $51,750,000

Florida

Miami/Fort Lauderdale Area

$11,800,000 - $14,750,000
Orlando Area $2,800,000 - $3,500,000
Tampa Area $2,800,000 - $3,500,000
Georgia Atlanta Area $5,000,000 - $6,250,000
Hawaii Honolulu Area $2,800,000 - $3,500,000
Illinois Chicago Area $54,400,000 - $68,000,000
Louisiana New Orleans Area $2,800,000 - $3,500,000
Maryland Baltimore Area $3,400,000 - $4,250,000
Massachusetts Boston Area $13,520,000 - $16,900,000
Michigan Detroit Area $4,200,000 - $5,250,000
Minnesota Twin Cities Area $4,200,000 - $5,250,000
Missouri St. Louis Area $2,800,000 - $3,500,000
Nevada Las Vegas Area $4,200,000 - $5,250,000
New Jersey Jersey City/Newark Area $15,240,000 - $19,050,000 New York New York City Area $143,000,000 - $178,750,000 Oregon Portland Area $2,800,000 - $3,500,000
Pennsylvania Philadelphia Area $13,520,000 - $16,900,000 Pittsburgh Area $2,800,000 - $3,500,000

Texas
Dallas/Fort Worth/Arlington Area $13,520,000 - $16,900,000 Houston Area $19,680,000 - $24,600,000
San Antonio Area $2,800,000 - $3,500,000
Virginia Hampton Roads Area $2,800,000 - $3,500,000
Washington Seattle Area $5,000,000 - $6,250,000
Total $615,000,000

OPSG Allocations
For FY 2020, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The FY 2020 OPSG risk assessment is designed to identify the risk to border security and to assist with the distribution of funds for the grant program. Funding under OPSG is distributed based on the risk to the security of the border and the effectiveness of the proposed projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies

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that are located along the border of the United States. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the State’s application as described in Section D, below. The THIRA/SPR process is not required for OPSG.

For the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed as a function of threats, vulnerabilities, and consequences associated with an incident, event, or occurrence.

Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to focus the bulk of OPSG funds based upon risk analyses. The risk model used to allocate OPSG funds considers the potential risk that certain threats pose to border security and estimates the relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence, situational awareness, criminal trends, and statistical data specific to each of the border sectors, and the potential impacts that these threats pose to the security of the border area. For vulnerability and consequence, DHS/CBP considers the expected impact and consequences of successful border events occurring in specific areas.

Threat and vulnerability are evaluated based on specific operational data from DHS/CBP.

Threat components present in each of the sectors are used to determine the overall threat score.

These components are terrorism, criminal aliens, drug trafficking organizations, and alien smuggling organizations.

Effectiveness of the proposed investments will be evaluated based on the recipient’s investment strategy, budget, collaboration, and past performance.

Period of Performance: 36 months
Extensions to the Period of Performance (PoP) are allowed. For additional information on PoP extensions, refer to the Preparedness Grants Manual
.

Projected Period of Performance Start Date: September 1, 2020 Projected Period of Performance End Date: August 31, 2023 Funding Instrument: Grant

C. Eligibility Information

1. Eligible Applicants
The State Administrative Agency (SAA) is the only entity eligible to submit HSGP applications to DHS/FEMA, including those applications submitted on behalf of UASI and OPSG applicants. All 56 states and territories, including any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to apply for SHSP funds. Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes under the SHSP and OPSG through the SAA.

2. Eligibility Criteria
Eligible high-risk urban areas for the FY 2020 UASI program have been determined through

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an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States. Subawards will be made by the SAAs to the designated high-risk urban areas.

In FY 2020, OPSG eligible subrecipients are local units of government at the county level or equivalent level of government and Federally recognized tribal governments in states bordering Canada or Mexico and states and territories with international water borders. All applicants must have active ongoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding.

In FY 2020, OPSG subrecipients eligible to apply for and receive a subaward directly from the SAAs are divided into three Tiers. Tier 1 entities are local units of government at the county level or equivalent and Federally recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states and territories with international water borders. Tier 2 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 1 county.

Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. The tier structure is only applicable with regard to eligibility. OPSG funding allocations are based on the assessed border security risks as determined by the USBP.

3. Other Eligibility Criteria

National Incident Management System (NIMS) Implementation Prior to allocation of any Federal preparedness awards in FY 2020, recipients must ensure and maintain adoption and implementation of NIMS. Detailed information on NIMS requirements are in the Preparedness Grants Manual
.

Emergency Management Assistance Compact (EMAC) Membership In support of the Goal, SHSP recipients must belong to, be in, or act as a temporary member of EMAC, except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. All assets supported in part or entirely with FY 2020 HSGP funding must be readily deployable and NIMS-typed when possible to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities, such as Geographic/Geospatial Information Systems (GIS), interoperable communications systems, capabilities as defined under the Mitigation Mission Area of the Goal, and fusion centers.

Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 607), DHS/FEMA is required to ensure that at least 25 percent of grant funding appropriated for grants awarded under HSGP’s authorizing statute are used for law enforcement terrorism prevention activities. DHS/FEMA meets this requirement, in part, by requiring all recipients allocate at least 25 percent of the combined HSGP funds allocated under SHSP and UASI towards law enforcement terrorism prevention activities, as defined in 6 U.S.C. § 607. The LETPA allocation can be from SHSP, UASI, or both. The 25 percent LETPA allocation may be met by funding projects in any combination of the four national priority areas

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identified above and any other investments. And the 25 percent LETPA allocation is in addition to the 80 percent pass-through requirement to local units of government and tribes, referenced below.

The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or information regarding an imminent threat to the homeland, to thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is prepared to prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligible for use as LETPA-focused funds. Also, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. All other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator.

4. Cost Share or Match
There is no cost share or match requirement for the FY 2020 HSGP.

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: February 14, 2020
b. Application Submission Deadline: April 30 15, 2020 at 5:00 p.m. ET

All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of the full application. DHS/FEMA will not review applications that are received after the deadline or consider them for funding. DHS/FEMA may, however, extend the application deadline on request for an applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, or other exigent or emergency circumstances.

Applicants experiencing technical issues must notify the FEMA Headquarters (HQ) Program Analyst prior to the application deadline. If applicants do not know their FEMA HQ Program Analyst or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at [email protected]
, Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

c. Anticipated Funding Selection Date: No later than 7/1/2020

d. Anticipated Award Date: No later than 9/30/2020

e. Other Key Dates:

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Event Suggested Deadline for Completion
Obtain DUNS Number 3/16/2020 3/1/2020
Obtain a valid Employer
Identification Number (EIN) 3/16/2020 3/1/2020
Update SAM registration 3/16/2020 3/1/2020
Submit the initial application in
Grants.gov 4/23/2020 4/8/2020
Submit the final application in ND
Grants 4/30/2020 4/15/2020, 5:00 p.m. ET

2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package
See the Preparedness Grants Manual for information on requesting and submitting an application.

4. Steps Required to Submit an Application, Unique Entity Identifier, and System for Award Management (SAM)
To a
pply for an award under this program, all applicants must:
a. Apply for, update, or verify their Data Universal Numbering System (DUNS) Number from Dun & Bradstreet (D&B) and Employer ID Number (EIN)
b. In the application, provide a valid Data Universal Numbering System DUNS number, which is currently the unique entity identifier;
c. Have an account with login.gov;
d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;
e. Create a Grants.gov account;
f. Add a profile to a Grants.gov account;
a. Establish an Authorized Organizational Representative (AOR) in Grants.gov; b. Submit an initial application in Grants.gov;
g. Submit the final application in the Non-Disaster Grants (ND Grants) system and h. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency.

Applicants are advised that DHS may not make a federal award until the applicant has complied with all applicable DUNS and SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when DHS is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, DHS may determine that the applicant is not

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qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. See the Preparedness Grants Manual for additional information on the steps required to submit an application.

5. Electronic Delivery
DHS/FEMA is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS/FEMA requires applicants to submit their initial applications online through Grants.gov and to submit final
applications through ND Grants.

6. How to Register to Apply through Grants.gov
See the Preparedness Grants Manual for information on requesting and submitting an application.

7. How to Submit an Initial Application to DHS/FEMA via Grants.gov See the Preparedness Grants Manual for information on requesting and submitting an application.

8. Timely Receipt Requirements and Proof of Timely Submission As application submission is a two-step process, the applicant with the Authorized Organizational Representative (AOR) role who submitted the application will also receive an acknowledgement of receipt, a tracking number (in this format: GRANTXXXXXXXX) from Grants.gov, and an Agency Tracking Number (in this format: EMX-2020-XX-XXXX) with the successful transmission of the initial application. This notification does not serve as proof of timely submission, as the application is not complete until it is submitted in ND Grants. All applications must be received in ND Grants by 5:00 p.m. ET on April 30 15, 2020. Proof of timely submission is automatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system-generated email to confirm receipt.

9. Submitting the Final Application in Non-Disaster Grants System (ND Grants) After submitting the initial application in Grants.gov, eligible applicants will be notified by DHS/FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement but no later than seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their application.

In ND Grants applicants will be prompted to submit all of the information contained in the following forms. Applicants should review these forms before applying to ensure they have all the information required:
• Standard Form 424A, Budget Information (Non-construction); • Standard Form 424B, Standard Assurances (Non-construction); and • Standard Form LLL, Disclosure of Lobbying Activities.

In addition, applicants must submit copies of the following in ND Grants:
• Investment Justification (the Investment Justification Template may be found in the Related Documents Tab of the Grants.gov posting and used as a preparation tool; responses to questions in the Template are entered into the GRT);

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• List of Urban Area Working Group (UAWG) and Senior Advisory Committee (SAC) members;
• SAC charter;
• UAWG charter; and
• Indirect Cost Agreement, if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement. If the applicant is not required to have an indirect cost rate agreement but will charge indirect costs and is required to have an indirect cost rate proposal, the applicant must provide a copy of their indirect cost rate proposal with the application. See the section below on indirect costs for more information or contact the relevant Program Analyst or Grants Management Specialist for further instructions.

Applicants must submit copies of the following in ND Grants if applying for construction projects. The forms may be accessed in the Forms tab under SF-424 Family on Grants.gov
:
• Standard Form 424C, Budget Information (Construction); and • Standard Form 424D, Standard Assurances (Construction).

Applicants needing assistance registering for the ND Grants system should contact [email protected]
or (800) 865-4076, Monday through
Friday, 9 a.m. – 5 p.m. ET.

10. Content and Form of Application Submission
See the Preparedness Grants Manual for information on requesting and submitting an application.

HSGP Specific Application Instructions

Development of the Investment Justification (SHSP and UASI) As part of the FY 2020 HSGP application process for SHSP and UASI funds, applicants must develop formal investment justifications (IJs) that address the proposed investments. Failure to fulfill of all of the terms contained in this section will be considered by DHS/FEMA in its evaluation of the effectiveness of the IJs in accordance with the Risk Methodology and Effectiveness Review described in the Application Review Information and may result in rejection of proposed investments or reduced funding allocations.

Each IJ must demonstrate how proposed investments:
• Support terrorism preparedness;
• Support closing capability gaps or sustaining capabilities identified in the community’s THIRA/SPR process; and
• Support the overcoming of existing logistical, technological, legal, policy, and other impediments to collaborating, networking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governments, as well as other regional, and nonprofit partners in efforts to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, support the national security mission of DHS and other federal agencies, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.

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Each IJ must explain how the proposed investments will support the applicant’s efforts to:
• Prevent a threatened or an actual act of terrorism;
• Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness; • Protect citizens, residents, visitors, and assets against the greatest threats and hazards, relating to acts of terrorism; and/or
• Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incidents.

Development of Investments and Projects (SHSP)
• Applicants must propose at least four and may include up to ten investments. • Required national priority investment justifications must include the name of the priority in the investment name for easy identification.
• Within each investment in their IJ, applicants must propose at least one project to describe the activities they plan to implement with SHSP funds. There is no limit to the number of projects that may be submitted.
• Of the proposed SHSP-funded investments, one single project, within the required intelligence and information sharing investment, must be in support of a designated fusion center. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop the fusion center projects below.
• Of the proposed SHSP-funded investments, one project in each of the required Cybersecurity and Soft Targets/Crowded Places investments must be in support of enhancing election security.
• All emergency communications investments must describe how such activities align with their Statewide Communication Interoperable Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems. The investment name must include the words “emergency communications” to easily identify any emergency communications investments.
• All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including the name of the project, the project description, the name of the subrecipient, if applicable, the recipient type (e.g., state or local), the project location (zip code of the primary location of the project), the primary core capability the project supports, whether the project activities are shareable and deployable, and which priority area (if any) the project is in support of. Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. Failure to fulfill of all of the terms contained in this section may be considered in the evaluation of the effectiveness of the IJs in accordance with the Risk Methodology and Effectiveness Review described in the Application Review Information and may result in rejection of proposed investments or reduced funding allocations. • FEMA encourages states to use any DHS provided assessments, such as those performed

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by DHS’s Protective Security Advisors and Cybersecurity Advisors, when developing their investment justifications.

Priority Investments (SHSP)
States are encouraged to review the Strategic Framework for Countering Terrorism and Targeted Violence when developing investments.

Cybersecurity Investment Justification (5 percent)
At least one investment must be in support of the state’s cybersecurity efforts. The investment must meet or exceed the FY 2020 national priority percentage for cybersecurity, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2020 HSGP grant awards will be required to complete the 2020 Nationwide

Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The CIO, CISO or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. The 2020 NCSR will be open from October – December 2020.

• The NCSR is an annual requirement for recipients and subrecipients of HSGP funds.

Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. • Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR, please see Information Bulletin 439.

In January 2017, the Department of Homeland Security designated the infrastructure used to administer the Nation’s elections as critical infrastructure. This designation recognizes that the United States’ election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country. Securing election infrastructure and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation.

Given the importance of the Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency.

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Soft Target Investment Justification (5 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, and similar facilities.

Given the increased risk to soft targets and crowded places, at least one investment must be in support of the state’s efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments in order to receive a full allocation of SHSP funds. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency . States are encouraged to engaged
DHS’ Protective Security Advisors’ security assessments of soft targets to ensure that recommendations from those assessments are taken into consideration when allocating grant funding.

As noted above, given the importance of the Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security

Agency.

Information Sharing and Cooperation Investment Justification (5 percent) Effective homeland security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the state’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they

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will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for information sharing and cooperation with DHS, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis .

Emerging Threats Investment Justification (5 percent)
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies, rogue nations and no-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Given the increased risk of emerging threats, at least one investment must be in support of the state’s efforts to address emerging threats. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for emerging threats, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the Cybersecurity

and Infrastructure Security Agency.

Development of Investments and Projects (UASI)
• Applicants must propose at least four and may include up to ten investments. • Within each investment in their IJ, Urban Areas must propose at least one project to describe the activities they are planning to implement with UASI funds. There is no limit to the number of projects that may be submitted.
• Required national priority IJs must include the name of the priority in the investment name for easy identification.
• Of the proposed projects, Urban Areas are required to propose one single project, as part of the required intelligence and information sharing investment justification, in support of a designated fusion center within the Urban Area, if applicable. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop fusion center investments below. • Of the proposed UASI-funded investments, one project in each of the required Cybersecurity and Soft Targets/Crowded Places investments, must be in support of enhancing election security.

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All emergency communications investments must describe how such activities align with their Statewide Communication Interoperable Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems. The investment name must include the words “emergency communications” to easily identify any emergency communications investments.

All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including the name of the project, the project description, the name of the subrecipient, if applicable, the recipient type (e.g., state or local), the project location (zip code of the primary location of the project), the primary core capability the project supports, whether the project activities are shareable and deployable, and which priority area (if any) the project is in support of. Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPRprocess

Priority Investments - UASI
High-risk urban areas are encouraged to review the Strategic Framework for Countering Terrorism and Targeted Violence when developing investments.

Cybersecurity Investment Justification (5 percent)
At least one investment must be in support of the urban area’s cybersecurity efforts. The investment must meet or exceed the FY 2020 national priority percentage for cybersecurity, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI and SHSP funds. Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2020 HSGP awards will be required to complete the 2020 Nationwide Cybersecurity Review
(NCSR), enabling agencies to benchmark
and measure progress of improving their cybersecurity posture. The CIO, CISO or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2- 3 hours to complete. The 2020 NCSR will be open from October – December 2020.

• The NCSR is an annual requirement for recipients and subrecipients of HSGP funds.

Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. •
Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR, please see Information Bulletin 439.

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Given the increased risk to soft targets and crowded places, at least one investment must be in support of the urban area’s efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency .

Agency.

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critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the urban area’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing.

Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for information sharing and cooperation with DHS, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis .

Due to the proliferation of such information and technologies, rogue nations and non-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Given the increased risk of emerging threats, at least one investment must be in support of the urban area’s efforts to address emerging threats. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for emerging threats, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and
the Cybersecurity and Infrastructure Security Agency.

Development of Fusion Center Projects (SHSP and UASI)
If applicable, each applicant must identify a fusion center project that will:
• Indicate alignment to a designated Fusion Center.
• Provide both a brief narrative description and funding itemization for the proposed project activities that directly support the designated fusion center. • The descriptive narrative and the financial itemization should align improvement or sustainment requests with fusion center activities as they relate to the Fusion Center Performance Measures found in the Preparedness Grants Manual.

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• If the project description and funding itemization do not directly support the fusion center or clearly align to the Fusion Center Performance Measures, then the project may be conditionally approved until a Fusion Center Addendum is submitted.

Sample Fusion Center Funding Itemization
A sample project description and funding itemization are below. For the itemized projects, clearly identify the anticipated fusion center performance improvement or sustainment as a result of the proposed funding.

The X Fusion enhancement project will fund:
• Salaries, benefits, and training for X number of Fusion Center intelligence analysts • Travel costs associated with fusion center analyst training. • This project will directly sustain the Center’s current capabilities and performance and directly aligns with performance measures 2020.XXX.
• We anticipate seeing an improvement in the quality and quantity of analytic production and responses to requests for information as a direct result of the funding of this project.

The funding itemization for a fusion center project should include the amount and percent of each relevant solution area. As an example:

Solution Area and Amount of Proposed
Funding
Percent of Proposed
Funding
Planning: $10,000.00 2%
Organization: $200,000 48%
Equipment: $200,000 48%
Training: $10,000 2%
Exercises: $0 0%
Total: $420,000 100%

Completing IJs in the Grant Reporting Tool (GRT) (SHSP and UASI) In the Related Documents section of the Grants.gov posting, applicants can find the IJ template and instructions for collecting the required information for investments and projects. Additionally, applicants should utilize the Project Worksheet located in Grants.gov posting to assemble the information required for each project, which will facilitate the input of that information into the GRT.

Development of Concept of Operations for OPSG
As part of the FY 2020 OPSG application process, each eligible local unit of government at the county or Federally recognized tribal government level must develop a strategic plan called a Concept of Operations (CONOP)/Application, which is a formal proposal of action to address a specific situation and forms the basis for Operations Orders, in coordination with state and Federal law enforcement agencies, to include, but not limited to CBP/USBP. CONOPs that are developed at the county level should be inclusive of city, county, tribal, and other local law enforcement agencies that are eligible to participate in OPSG operational activities, and the CONOP/Application should describe participating agencies in the Executive Summary.

CONOP/Application details should include the names of the agencies, points of contact, and individual funding requests. All CONOPs/Applications must be developed in collaboration with

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the local USBP sector office, the SAA and the local unit of government. Requests for funding in CONOPs/Applications must be based on risks and the operational enforcement support requirements of its corresponding USBP Sector, as well as the national priorities identified below. USBP Sector offices will forward the CONOPs to USBP Headquarters for vetting and coordination. Applicants will forward corresponding OPSG Applications to the SAA for submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the OPSG Applications. FEMA will review and evaluate all CONOPs and OPSG Applications and funding will be allocated based on the review and selection criteria identified in this NOFO.

OPSG Applicants will be required to clearly articulate and identify how the CONOPs will address the national priorities identified below.

Information Sharing and Cooperation
Effective border security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, the CONOP must be in support of the recipient’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the OPSG program and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing. Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis .

Emerging Threats
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

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Given the increased risk of emerging threats, the CONOP must be in support of the recipient’s efforts to address emerging threats. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the
Cybersecurity and Infrastructure Security Agency.

11. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372. See https://www.archives.gov/Federal-register/codification/executive-order/12372.html ;
https://www.whitehouse.gov/wp-content/uploads/2017/11/SPOC-Feb.-2018.pdf.

12. Funding Restrictions
Federal funds made available through this award may be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal awards, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal Government or any other government entity. See the Preparedness Grants Manual for
more information on funding restrictions.

13. Environmental Planning and Historic Preservation (EHP) Compliance See the Preparedness Grants Manual for information on EHP Compliance.

14. Emergency Communications Investments
If an entity uses HSGP funding to support emergency communications investments, the following requirements shall apply to all such grant-funded communications investments in support of the emergency communications priorities and recognized best practices:
• Applicants must describe in the investment how proposed communications investments align to needs identified in their SCIP. Effective project alignment will require advance coordination with the SWIC and consultation with governing bodies such as the SIGB or Statewide Interoperability Executive Committee (SIEC), as they serve as the primary steering group for the statewide interoperability strategy. Additionally, recipients should consult subject matter experts serving on governance bodies, such as broadband experts, chief information officers, representatives from utilities, or legal and financial experts, when developing proposals.
• The signatory authority for the SAA must certify in writing to DHS/FEMA their compliance with the SAFECOM Guidance. The certification letter should be coordinated with the SWIC for each state and must be uploaded to ND Grants at the time of the first Program Performance Report (PPR) submission. • All states and territories must designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through Federal grants. Note that the designated full-time SWIC may also be the state’s or territory’s cybersecurity point of contact. SWIC status information will be maintained by the DHS Office of Emergency Communications and will be verified by FEMA GPD through programmatic monitoring activities.

• By the period of performance end date, all states and territories must update the SCIP, with a focus on communications resilience/continuity, to include assessment and

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mitigation of all potential risks identified in the SCIP: natural disasters, accidental damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc.

Following the initial update, the SCIP should be updated on an annual basis. SCIP status information will be maintained by the DHS Office of Emergency Communications and will be verified by FEMA GPD through programmatic monitoring activities.

All states and territories must test their emergency communications capabilities and procedures (as outlined in their operational communications plans) in conjunction with regularly planned exercises (separate/addition emergency communications exercises are not required) and must submit an After Action Report/Improvement Plan (AAR/IP) to the Homeland Security Exercise and Evaluation Program’s (HSEEP) electronic message inbox at [email protected] within 90
days of exercise completion. Exercises should be used to both demonstrate and validate skills learned in training and to identify gaps in capabilities. Resilience and continuity of communications should be tested during training and exercises to the greatest extent possible.

Further, exercises should include participants from multiple jurisdictions, disciplines, and levels of government and include emergency management, emergency medical services, law enforcement, interoperability coordinators, public health officials, hospital officials, officials from colleges and universities, and other disciplines and private sector entities, as appropriate.

Findings from exercises should be used to update programs to address gaps in emergency communications as well as emerging technologies, policies, and partners. Recipients are encouraged to increase awareness and availability of emergency communications exercise opportunities across all levels of government.

States, territories, and other eligible grant recipients are advised that HSGP funding may be used to support communications planning (including the cost of hiring a SWIC, participation in governance bodies and requirements delineated above
), training, exercises, and equipment costs.

Costs for transitioning to the FirstNet network may also be eligible. More information regarding FirstNet can be found in the
Preparedness Grants Manual.

15. Detailed Budget
Applicants must provide budget summary worksheets for all funds requested at the time of application. The budget summary worksheets must be complete, reasonable, and cost-effective in relation to the proposed project and should provide the basis of computation of all project- related costs (including management and administrative costs) and any appropriate narrative.

FEMA must be able to thoroughly evaluate the projects being submitted based on the information provided. FEMA must be able to determine how much funding is being used by the direct recipient for projects carried out by the direct recipient and how much funding is being passed through to sub-recipients for each sub-program (UASI, SHSP, OPSG). Consequently, applicants must provide an appropriate level of detail within the budget summary worksheets to clarify what will be purchased and spent. Sample budget summary worksheets are available on the grants.gov posting for the HSGP in the Related Documents tab and may be used as a guide to assist applicants in the preparation of budgets and budget narratives.

16. Funds Transfer Restriction
The recipient is prohibited from transferring funds between programs (includes the SHSP, the UASI, and OPSG). Recipients can submit an investment/project where funds come from multiple funding sources (e.g., the SHSP and UASI), however, recipients are not allowed to

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divert funding from one program to another due to the risk-based funding allocations, which were made at the discretion of DHS/FEMA.

17. Pre-Award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA and as included in the award agreement. To request pre-award costs, a written request must be included with the application, signed by the Authorized Representative of the entity. The letter must outline what the pre-award costs are for, including a detailed budget break-out of pre-award costs from the post-award costs, and a justification for approval.

18. Cost Principles
Costs charged to this award must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. For more information on 2 C.F.R. Part 200, please refer to FEMA GPD Information Bulletin 400
, FEMA’s Implementation of 2 C.F.R. Part 200, the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Super Circular” or “Omni Circular”).

19. Direct Costs
a. Planning
Planning costs are allowed under this program.

b. Organization
Organization costs are allowed under this program.

c. Equipment
Equipment costs are allowed under this program.

d. Training
Training costs are allowed under this program.

e. Exercises
Exercise costs are allowed under this program.

f. Personnel
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, organization, training, exercise, and equipment activities. Under OPSG, overtime costs are allowable only in so far as they meet the intent of the program. All recipients and subrecipients of HSGP funds, including SHSP, UASI, and OPSG allocations, may not use more than 50 percent of their awards to pay for personnel activities unless a waiver is approved by FEMA. For more information on the 50 percent personnel cap, please see FEMA Information Bulletin (IB) 421, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412) – the PRICE Act.

g. Operational Overtime
Operational overtime costs are allowed under this program. Prior to use of funds for operational overtime, recipients must receive approval from DHS/FEMA.

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h. Travel
Domestic travel costs are allowed under this program, as provided for in this NOFO. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.

i. Construction and Renovation
Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction and renovation costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds. Applicants must use the EHP approval process. Limits on the total amount of grant funding that may be used for construction or renovation may apply. Additionally, recipients are required to submit Standard Form 424C.

j. Maintenance and Sustainment
Maintenance- and sustainment-related costs, such as maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees, are allowable as described in FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants Policy (http://www.fema.gov/media-library/assets/documents/32474 ).

k. Management and Administration (M&A) Costs
Management and administration (M&A) activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. A maximum of up to five percent of HSGP funds awarded may be retained by the state, and any funds retained are to be used solely for M&A purposes associated with the HSGP award.

Subrecipients may also retain a maximum of up to five percent of the funding passed through by the state solely for M&A purposes associated with the HSGP award.

Recipients or subrecipients may apply or credit M&A funding toward the recipient’s requirement to allocate funding toward the four national priority areas. For example, if a recipient spends $5,000 to manage or administer its funding dedicated toward its enhancing cybersecurity investment, the recipient may credit that funding toward its requirement to allocate at least 5 percent of its award to enhancing cybersecurity.

A state’s HSGP funds for M&A calculation purposes includes the total of its SHSP, UASI, and OPSG awards. While the SAA may retain up to five percent of this total for M&A, the state must still ensure that all subrecipient award amounts meet the mandatory minimum pass- through requirements that are applicable to each HSGP program. To meet this requirement, the percentage of SHSP and UASI funds passed through to local or tribal jurisdictions must be based on the state’s total HSGP award prior to withholding any M&A.

In retaining these funds, states may retain a maximum of 2.5 percent of the OPSG allocation, which must be withheld from the pass-through to each subrecipient county or tribe in an equal percentage. The SAA may also retain additional funding from its SHSP award to manage and administer the OPSG award, but that additional amount is also capped at an amount equal to

2.5 percent of the OPSG award. Examples applying this principle:

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SAA 1:

SHSP: $1,000,000
OPSG: $2,500,000
UASI: $2,500,000
M&A Maximum: $300,000 (5 percent of $6,000,000)
Maximum M&A for SHSP = $50,000
Maximum M&A for OPSG = $125,000. Of that amount, $62,500 (2.5 percent) may be retained from the OPSG allocation, and the other $62,500 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $50,000 available to manage the SHSP allocation.

SAA 2:

SHSP: $3,500,000
OPSG: $1,000,000
M&A Maximum: $225,000 (5 percent of $4,500,000)
Maximum M&A for SHSP: $175,000
Maximum M&A for OPSG = $50,000. Of that amount, $25,000 (2.5 percent) may be retained from the OPSG allocation, and the other $25,000 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $175,000 available to manage the SHSP allocation.

Please note, Information Bulletin (IB) 365: Management and Administration Costs in the

Homeland Security and DHS/FEMA Policy 207-087-1, which can be found at http://www.fema.gov/library/viewRecord.do?id=7837, do not apply to awards made in FY 2020 under this NOFO. The IB and Policy remain in effect for all previous awards.

L. Critical Emergency Supplies
Critical emergency supplies are allowed under this program.

M. Secure Identification
Secure Identification costs are allowed under this program.

N. Indirect (Facilities & Administrative [F&A]) Costs
Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above.

O. General Purpose Equipment
HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism preparedness. General purpose equipment, like all equipment funded under the HSGP, must be sharable through the

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Emergency Management Assistance Compact (EMAC)3 and allowable under 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended.

Examples of such general-purpose equipment may include:
• Law enforcement vehicles;
• Emergency medical services (EMS) equipment and vehicles; • Fire service equipment and vehicles, to include hose, pump accessories, and foam concentrate for specialized chemical, biological, radiological, nuclear, and explosives (CBRNE) response;
• Interoperability of data systems, such as computer aided dispatch (CAD) and record management systems (RMS); and
• Office equipment for staff4 engaged in homeland security program activity.

Equipment allowability is based on the Authorized Equipment List (AEL) but exceptions may be considered on a case-by-case basis if (1) the equipment identified to be purchased directly maps to a core capability contained within the Goal, and (2) the equipment’s purpose (when operational) falls under the permitted use of funds in accordance with 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended.

P. Allowable Cost Matrix
The following matrix provides allowable cost activities that fall under each of the cost categories noted above. Recipients and subrecipients must follow all applicable requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funds under HSGP may be used to cover the costs for evaluating the impact of these grants on the state or urban area’s core capabilities and capability gaps. This list is not exhaustive, therefore, if there are any questions regarding allowable costs, please contact the appropriate HQ GPD Program Analyst. For additional information on allowable costs, see the Preparedness Grants Manual.

Allowable Program Activities SHSP UASI OPSG
Allowable Planning Costs
Developing hazard/threat-specific annexes Y Y N
Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA nationalinitiatives

N
Developing related terrorism and other catastrophic event prevention activities Y Y N Developing and enhancing plans and protocols Y Y N
Developing or conducting assessments Y Y N
Hiring of full- or part-time staff or contract/consultants to assist with planning activities

N
Materials required to conduct planning activities Y Y N Travel/per diem related to planning activities Y Y Y
Overtime and backfill costs (in accordance with operational Cost Guidance) Y Y Y Issuance of WHTI-compliant Tribal identification cards Y N N Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency. Y Y N

3 Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time.
4 This applies to all homeland security personnel and is not limited to management and administration staff, and costs are to be captured outside the cap on management and administration costs

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Allowable Program Activities SHSP UASI OPSG
Coordination with Citizen Corps Councils for public information/education and development of volunteer programs Y Y N
Update governance structures and processes and plans for emergency communications Y Y N Development, and review and revision of continuity of operations plans Y Y N Development, and review and revision of the THIRA/SPR continuity of operations plans Y Y N Allowable Organizational Activities
Note: Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant.

Program management Y Y N
Development of whole community partnerships Y Y N
Structures and mechanisms for information sharing between the public and private sector Y Y N
Implementing models, programs, and workforce enhancement initiatives Y Y N Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors Y Y N
Operational support Y Y N
Utilization of standardized resource management concepts Y Y N Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Y Y N Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) Y Y Y Overtime for information, investigative, and intelligence sharing activities (up to 50 percent of the allocation) Y Y Y
Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities (up to 50 percent of theallocation).

Y
Allowable Equipment Categories
Personal Protective Equipment Y Y Y
Allowable Equipment Categories
Explosive Device Mitigation and Remediation Equipment Y Y N CBRNE Operational Search and Rescue Equipment Y Y N
Information Technology Y Y Y
Cybersecurity Enhancement Equipment Y Y N
Interoperable Communications Equipment Y Y Y
Detection Y Y Y
Decontamination Y Y N
Medical countermeasures Y Y Y
Power (e.g., generators, batteries, power cells) Y Y Y
CBRNE Reference Materials Y Y N
CBRNE Incident Response Vehicles Y Y N
Terrorism Incident Prevention Equipment Y Y Y
Physical Security Enhancement Equipment Y Y Y
Inspection and Screening Systems Y Y Y
Animal Care and Foreign Animal Disease Y Y N
CBRNE Prevention and Response Watercraft Y Y N
CBRNE Prevention and Response Unmanned Aircraft Y Y N
CBRNE Aviation Equipment Y Y N
CBRNE Logistical Support Equipment Y Y N
Intervention Equipment (e.g., tactical entry, crime scene processing) Y Y Y Critical emergency supplies Y Y N
Vehicle acquisition, lease, and rental N N Y
Other Authorized Equipment Y Y Y

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Allowable Program Activities SHSP UASI OPSG
Allowable Training Costs
Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes Y Y N
Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Y Y N
Training workshops and conferences Y Y Y
Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proficiency Y Y N Full- or part-time staff or contractors/consultants Y Y Y Travel Y Y Y
Supplies Y Y N
Instructor certification/re-certification Y Y N
Coordination with Citizen Corps Councils in conducting training exercises Y Y N Interoperable communications training Y Y N
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Immigration enforcement training Y Y Y
Allowable Exercise Related Costs
Design, Develop, Conduct, and Evaluate an Exercise Y Y N Full- or part-time staff or contractors/consultants Y Y N Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises Y Y N Implementation of HSEEP Y Y N
Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs Y Y N
Travel Y Y N
Supplies Y Y N
Interoperable communications exercises Y Y N
Allowable Exercise Related Costs
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Allowable Management & Administrative Costs
Hiring of full- or part-time staff or contractors/consultants to assist with the management of the respective grant program, application requirements, and compliance with reporting and data collection requirements

Y
Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Y Y Y
Overtime and backfill costs Y Y Y
Travel Y Y Y
Meeting related expenses Y Y Y
Authorized office equipment Y Y Y
Recurring expenses such as those associated with cell phones and faxes during the PoP of the grant program Y Y N
Leasing or renting of space for newly hired personnel during the PoP of the grant Program Y Y N
Law Enforcement Terrorism Prevention Activities (LETPA) Costs Integration and interoperability of systems and data, such as CAD and RMS, to facilitate the collection, Y Y N
Maturation and enhancement of designated state and major Urban Area fusion centers Y Y N
Coordination between fusion centers and other analytical and investigative efforts Y Y N

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Allowable Program Activities SHSP UASI OPSG
Implementation and maintenance of the Nationwide SAR Initiative Y Y N Implementation of the "If You See Something, Say Something®" campaign Y Y N Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical Y Y N Building and sustaining preventive radiological and nuclear detection capabilities Y Y N

E. Application Review Information

1. Application Evaluation Criteria
a. Programmatic Criteria
Allocations

Risk Methodology and Effectiveness Review
The risk methodology and effectiveness review first determine the relative risk of terrorism faced by a given area considering the potential risk of terrorism to people, critical infrastructure, and economic security. The analysis includes, but is not limited to, threats from violent domestic extremists, international terrorist groups, and individuals inspired by terrorists abroad.

See the Preparedness Grants Manual
and Application Evaluation Criteria for additional
information on risk methodology and effectiveness review.

The second part of the risk methodology and effectiveness review determines whether the proposed project is clear, logical, and reasonable to address the priority area of interest and contribute to a culture of national preparedness. This part considers factors such as how well the project is described and how well the project addresses the objectives and strategies of the priority area.

Risk and effectiveness will be given equal consideration in determining final award amounts.

NOTE: The THIRA/SPR process is separate from the risk methodology and effectiveness review, and its results do not affect grant allocations.

Evaluation Criteria
FEMA will evaluate the FY 2020 HSGP applications for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed investments. FEMA’s review will include verification that each IJ or project:
• Meets the national priority required spend percentages. • Aligns with at least one core capability identified in the Goal; • Demonstrates how investments support closing capability gaps or sustaining capabilities identified in the THIRA/SPR process; and
• Supports a NIMS-typed resource and whether those assets are deployable/shareable to support emergency or disaster operations per existing EMAC agreements.

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In addition to the above, FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness. This part considers factors such as the objectives and strategies proposed to address the priority area, how the objectives and strategies overcome legal, political, or practical obstacles to reduce overall risk, the process and criteria to select additional relevant projects, and the approach to monitor awards to satisfy the funding percentage allocations. Effectiveness will be evaluated prior to award and may impact the final overall award amount. To that end, IJs should include:
• How the proposed investment addresses the national priority; • An explanation of how the proposed projects were selected and will achieve objectives and strategies to build or sustain the core capability gaps identified in the SPR, including expected long-term impact where applicable;
• A summary of laws, policies and practices that can be enhanced, eliminated, or otherwise changed in order to achieve the goals of the project and foster a culture of national preparedness;
• A summary of the collaboration efforts to prevent, prepare for, protect against, and respond to acts of terrorism as well as anticipated outcomes of the project.

For FY 2020 HSGP applications, effectiveness will be evaluated based on the following five factors:
• Investment Strategy (30%): Proposals will be evaluated based on the quality and extent to which applicants describe an effective strategy that demonstrates that proposed projects support the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.

• Budget (10%): Proposals will be evaluated based on the extent to which applicants describe a budget plan for each investment demonstrating how the applicant will maximize cost effectiveness of grant expenditures.

• Impact/Outcomes (30%): Proposals will be evaluated on how this investment helps the jurisdiction close capability gaps identified in its Stakeholder Preparedness Review and addresses national priorities outlined in the FY 2020 NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), theassociated standardized target(s) that align with their proposed investment, and the ways in which the applicant will measure and/or evaluate improvement.

• Collaboration (30%): Proposals will be evaluated based on the degree to which the proposal adequately details how the recipient will use investments and other means to overcome existing logistical, technological, legal, policy, and other impediments to collaborating, networking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governments, as well as other regional and nonprofit partners in efforts to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, support the national security mission of DHS and other federal agencies, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources.

• Past Performance (additional consideration): Proposals will be evaluated based on the

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applicants demonstrated capability to execute the proposed investments. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources.

Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standards, modeling techniques, and best practices, and participate in the development of case studies demonstrating the effective use of grant funds, as requested.

Review and Selection Process (SHSP and UASI)
To ensure the effectiveness of proposed investments and projects, all applications will undergo a Federal review as described herein. The Federal review will be conducted by DHS and FEMA. IJs will be reviewed at both the investment and project level. Results of the effectiveness analysis may result in a recipient receiving a reduced grant award.

Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

As part of the above, Fusion center projects will be reviewed by DHS/FEMA for compliance with HSGP NOFO requirements to prioritize the alignment of requests with results from the annual Fusion Center Assessment Program. If a fusion center investment does not meet the requirements, a Fusion Center Addendum must be completed and submitted for review and approval prior to expending funds allocated to fusion center activities.

Emerging threats investments will be reviewed by DHS/FEMA, DHS Countering Weapons of Mass Destruction Office, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

All other proposed investments not associated with a required investment justification will undergo a Federal review by DHS/FEMA to verify compliance with all administrative and eligibility criteria identified in the NOFO.

Review and Selection Process (OPSG)
Applications will be reviewed by the SAA and USBP for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the

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Operations Orders. For more information on Operations Orders and other requirements of OPSG, see the Preparedness Grants Manual.

DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in the NOFO and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis and the Federal review by DHS/FEMA to make recommendations for funding to the Secretary of Homeland Security.

FY 2020 OPSG funds will be allocated competitively based on risk-based prioritization using the OPSG Risk Assessment described above. Final funding allocations are determined by the Secretary, who may consider information and input from various law enforcement offices or subject-matter experts within the Department. Factors considered include, but are not limited to, threat, vulnerability, miles of the border, and other border-specific law enforcement intelligence, as well as the feasibility of FY 2020 Operations Orders to designated localities within border states and territories.
b. Financial Integrity Criteria
Prior to making a Federal award, DHS/FEMA is required by 31 U.S.C. § 3321 note, 41 U.S.C. § 2313, and 2 C.F.R. § 200.205 to review information available through any OMB- designated repositories of government-wide eligibility qualification or financial integrity information. Application evaluation criteria may include the following risk-based considerations of the applicant:
• Financial stability;
• Quality of management systems and ability to meet management standards; • History of performance in managing Federal awards;
• Reports and findings from audits; and
• Ability to effectively implement statutory, regulatory, or other requirements.

c. Supplemental Financial Integrity Review
Prior to making a Federal award where the anticipated Federal share of a Federal award will be greater than the simplified acquisition threshold, currently $250,000 (see Section 805 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 115-91, OMB Memorandum M-18-18 at https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-

18.pdf; see also FEMA GPD Information Bulletin No. 434, Increases and Changes to the Micro- Purchase and Simplified Acquisition Thresholds):
• DHS/FEMA is required to review and consider any information about the applicant in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity

Information System (FAPIIS) and is also accessible through the SAM website. • An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a Federal awarding agency previously entered. • DHS/FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants, as described in 2 C.F.R. § 200.205.

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F. Federal Award Administration Information

1. Notice of Award
See the Preparedness Grants Manual for information on Notice of Award.

2. SHSP and UASI Pass-Through Requirements
Awards made to the SAA for HSGP carry additional pass-through requirements. Pass-through is defined as an obligation on the part of the SAA to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. Four requirements must be met to pass-through grant funds:
• The SAA must make a firm written commitment to passing through grant funds to subrecipients;
• The SAA’s commitment must be unconditional (i.e., no contingencies for the availability of SAA funds);
• There must be documentary evidence (i.e., award document, terms, and conditions) of the commitment; and
• The award terms must be communicated to the subrecipient.

Timing and Amount
The SAA must pass-through at least 80 percent of the funds awarded under the SHSP and UASI to local or tribal units of government within 45 calendar days of receipt of the funds. “Receipt of the funds” occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award, whichever is earlier.

SAAs are sent notification of HSGP awards via the GPD’s ND Grants system. If an SAA accepts its award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will start on the date the SAA accepted the award. Should an SAA not accept the HSGP award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will begin 15 calendar days after the award notification is sent to the SAA via the ND Grants system.

It is important to note that the PoP start date does not directly affect the start of the 45-calendar days pass-through period. For example, an SAA may receive notice of the HSGP award on August 20, 2020, while the PoP dates for that award are September 1, 2020, through August 31, 2022. In this example, the 45-day pass-through period will begin on the date the SAA accepts the HSGP award or September 4, 2020 (15 calendar days after the SAA was notified of the award), whichever date occurs first. The PoP start date of September 1, 2020 would not affect the timing of meeting the 45-calendar day pass-through requirement.

Other SHSP and UASI Pass-Through Requirements
The signatory authority of the SAA must certify in writing to DHS/FEMA that pass-through requirements have been met. A letter of intent (or equivalent) to distribute funds is not considered sufficient. The pass-through requirement does not apply to SHSP awards made to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is required to comply with the pass-through requirement, and its SAA must also obligate at least 80 percent of the funds to local units of government within 45 calendar days of receipt of the funds.

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Under SHSP, the SAA may retain more than 20 percent of funding for expenditures made by the state on behalf of the local unit(s) of government. This may occur only with the written consent of the local unit of government, specifying the amount of funds to be retained and the intended use of funds. States shall review their written consent agreements yearly and ensure that they are still valid. If a written consent agreement is already in place from previous fiscal years, DHS/FEMA will continue to recognize it for FY 2020, unless the written consent review indicates the local government is no longer in agreement. If modifications to the existing agreement are necessary, the SAA should contact their assigned FEMA HQ Program Analyst.

Additional OPSG Requirements
The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county-level or equivalent Operational Order/Fragmentary Operations Order budget has been reviewed and approved through an official electronic mail notice issued by DHS/FEMA removing this special programmatic condition.

3. Administrative and National Policy Requirements
See the Preparedness Grants Manual for information on Administrative and National Policy requirements.

4. Reporting
See the Preparedness Grants Manual for information on reporting requirements, including federal financial reporting requirements, programmatic performance reporting requirements, and closeout reporting requirements.

Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Process
See the Preparedness Grants Manual
for information on the THIRA and SPR process.

Supplemental Information Reporting Systems
In addition to ND Grants, the following information systems are used for the submission of required reports:

Grant Reporting Tool (GRT)
Information on the GRT can be found in the Preparedness Grants Manual.

Unified Reporting Tool (URT)
See the Preparedness Grants Manual
for information on the URT.

Closeout Reporting Requirements
See the Preparedness Grants Manual for information on closeout reporting requirements.

Disclosing Information per 2 C.F.R. § 180.335
See the Preparedness Grants Manual for information on disclosing information.

5. Monitoring
Per 2 C.F.R. § 200.336, DHS/FEMA through its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control

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systems to review project accomplishments and to provide any required technical assistance. During site visits, DHS/FEMA will review grant recipients’ files related to the grant award. As part of any monitoring and program evaluation activities, grant recipients must permit DHS/FEMA, upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program. Recipients must respond in a timely and accurate manner to DHS/FEMA requests for information relating to the grant program. See the Preparedness Grants

Manual for additional information on monitoring.

G. DHS/FEMA Awarding Agency Contact Information

1. Contact and Resource Information

Centralized Scheduling and Information Desk (CSID)
CSID is a non-emergency comprehensive management and information resource developed by DHS/FEMA for grant stakeholders. CSID provides general information on all DHS/FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the Federal, state, and local levels. When necessary, recipients will be directed to a Federal point of contact who can answer specific programmatic questions or concerns. CSID can be reached by phone at (800) 368-6498 or by e-mail at [email protected], Monday through Friday,
9:00 a.m. – 5:00 p.m. ET.

GPD Grant Operations Division
GPD’s Grant Operations Division Business Office provides support regarding financial matters and budgetary, technical assistance. Additional guidance and information can be obtained by contacting the FEMA Call Center at 866-927-5646 or via e-mail to [email protected].

FEMA Regional Offices
FEMA Regional Offices may also provide fiscal support, including pre- and post-award administration and technical assistance such as conducting cash analysis, financial monitoring, and audit resolution for the grant programs included in this solicitation. GPD will provide programmatic support and technical assistance. FEMA Regional Office contact information is available here
.

GPD Environmental Planning and Historic Preservation (EHP) The DHS/FEMA GPD EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects or the EHP review process, including the submittal of EHP review materials, should be sent to [email protected].

EHP Technical Assistance, including the EHP Screening Form, can be found online at https://www.fema.gov/media-library/assets/documents/90195.

2. Systems Information
Grants.gov
For technical assistance with Grants.gov, call the customer support hotline 24 hours per day, 7 days per week (except Federal holidays) at (800) 518-4726 or e-mail at [email protected].

Non-Disaster (ND) Grants
For technical assistance with the ND Grants system, please contact the ND Grants Helpdesk at

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[email protected] or (800) 865-4076, Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

Payment and Reporting System (PARS)
DHS/FEMA uses the Payment and Reporting System (PARS) for financial reporting, invoicing and tracking payments. DHS/FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. To enroll in the DD/EFT, recipients must complete a Standard Form 119A, Direct Deposit Form.

H. Additional Information
GPD has developed the Preparedness Grants Manual to guide applicants and recipients of grant funding on how to manage their grants and other resources. Recipients seeking guidance on policies and procedures for managing preparedness grants should reference the Manual for further information. Examples of information contained in the Preparedness Grants Manual
include:
• Conflicts of Interest in the Administration of Federal Awards and Subawards; • Extensions;
• Monitoring;
• Procurement Integrity; and
• Other Post-Award Requirements.

I
n response to recent disasters, FEMA has introduced a new lifelines construct, in order to enable the continuous operation of government functions and critical business essential to human health, safety, or economic security during and after a disaster. To learn more about lifelines, please refer to the Preparedness Grants Manual, or visit http://www.fema.gov/national-

planning-frameworks.

Additionally, recipients can access the DHS Strategic Framework for Countering Terrorism and Targeted Violence which explains how the department will use the tools and expertise that have protected and strengthened the country from foreign terrorist organizations to address the evolving challenges of today.

EXHIBIT F

3. Taxpayer ID #:

2. Mailing Address (please let us know where you want your check delivered, including attention line if necessary):

No Yes
(attach State
Approval)
If Competitive,
indicate the # of
bids.

Non-Competitive
Bid Sole Source

8. TOTAL
I certify that (please use the checkbox):

3. 4.

5. AUTHORIZED CONTACT INFORMATION (If different from Section B):

PHONE #
E-MAIL:

Revised on December 2019
NOTE: This Form is intended for Internal SSD review purpose only.

AUTHORIZED PRINTED NAME AUTHORIZED TITLE
ASSIGNED INVOICE NO.:

2. All instructions for this form were followed and all the supporting documentation (per instructions) is included with this claim.

AUTHORIZED SIGNATURE DATE
$ -
SECTION D: SUB-RECIPIENT'S CERTIFICATION SECTION E: FOR SSD USE ONLY

1. I am the duly authorized officer of the claimant herein and this claim is in all respect true and correct. All expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances.

STAMP WITH RECEIVED DATE HERE:

7.CLAIM
AMOUNT
(indicate the
amount per each
line)
SECTION C: DETAIL PAYMENT REQUEST INFORMATION

1. SOLUTION AREA
(e.g. equipment, training,
planning, exercise, organization)

2. PROJECT #
(e.g. 011.22)

4. EHP required?
(Environmental & Historic
Preservation)

5. VENDOR'S INVOICE #
(Maximum of 5 invoices)

6. PURCHASE METHOD
(including Training)

4. Contact's e-mail:

4. Contact's phone:

1. Sub-recipient's Name: (reimbursement check will be made payable to a payee entered here)

4. Contact's Name:

Please submit Grant Payment Request Form along with legible supporting documents to: 1. Grant Name & Year:

[email protected]
In the event e-mail is not available, you can mail your Grant payment request to (please do not fax or send duplicates):

Department of Auditor-Controller
Shared Services Division / Attn: Grants Unit

LOS ANGELES COUNTY/DEPARTMENT OF AUDITOR-CONTROLLER

SHARED SERVICES DIVISION

GRANT PAYMENT REQUEST
SECTION A: SUBMITTING YOUR REQUEST
3470 Wilshire Blvd., Suite 812
Los Angeles, CA 90010
SECTION B: SUB-RECIPIENT'S INFORMATION

EXHIBIT G

Page 1 of 14 ends

Purpose of these instructions:

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. 2.

3. 4.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. 2.

4. a)
Ensuring that all documents attached to your Grant payment requests are legible.

COUNTY OF LOS ANGELES

DEPARTMENT OF AUDITOR-CONTROLLER / SHARED SERVICES DIVISION

INSTRUCTIONS TO COMPLETE THE GRANT PAYMENT REQUEST
To assist sub-recipients in completing the Grant Payment Request. We appreciate your participation in this program, for questions or suggestions please use our e-mail below to contact us. Please do not send these instructions to us, they are to be used for your guidance only.

SECTION A: GENERAL INSTRUCTIONS FOR SUBMISSION OF GRANT PAYMENT REQUEST In numeral 1 of this section, please enter the name and year of the grant program that you are submitting for payment. In addition, please help us expedite the process of your Homeland Security claims by:

Completing the Grant payment request correctly and according to these instructions.

Submitting your Grant payment request using our e-mail --> [email protected] (please do not fax documents).

Sending your Grant payment request only once (we do not require original documents and duplicates will slow down our process).

Using the checkboxes to ensure all the required supporting documents and files accompany your Grant payment request. Supporting documents are flagged for your convenience with a checkbox within the corresponding areas.

Submitting Grant payment request timely. We do not guarantee the process of Grant payment requests that are submitted late or too close to the final due date. Reimbursable expenditures need to be charged within the performance period of the grant and submitted to us as soon as they are incurred.

SECTION B: SUB-RECIPIENT'S INFORMATION
Please enter the name of the agency requesting for payment. The name of the agency should be typed according to its signed agreement and as you need it to appear in the payee line of the reimbursement check.

Please enter the complete address (street number and name, city, zip code) and attention line where you will need to receive the reimbursement check. Please note that this is not necessary for L.A. County departments.

Please enter the tax ID of the governmental entity requesting payment. Please leave blank for L.A. County departments.

Please enter the information of the person that can assist us with detail claim questions.

SECTION C: DETAIL PAYMENT REQUEST INFORMATION:

In order to expedite your Grant payment request, in this area's grid, include a maximum of five (5) invoices or reimbursements charges (one charge or one invoice per line). The invoices or charges need to share the same solution area, project #.

Enter the solution area corresponding to the claim. This information is found in the latest budget of the grant. Examples of solution areas are:
equipment, training, planning or exercise.

Enter the project # corresponding to the claim. This information is found in the latest budget of the grant. An example of Item # is 17.020.

Check with an X under either yes or no according to the claim's Environmental & Historical Preservation (EHP) requirements from the State. EHP approval needs to be obtained from the State prior to the start of the project on certain equipment items (see AEL description) or training/exercise projects. Please attach the following:

State EHP Approval: if required by the state for your claim.

Revised on 11/20/2017

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5. a)
b)
c)
d)
e)
f)
g)

6. a)
b)
c)

7. 8.

SECTION D: SUB-RECIPIENT'S CERTIFICATION
The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. 2.

3. 4 &

5. SECTION C: (Continued)
If the expenditures that you are claiming were purchased thru a vendor or contractor, please enter the invoice # in the grid area. Please note that you are responsible for following acceptable purchasing policies and for documenting your procurement process. Additionally please include the following documentation with your claim:

Copy of the invoice: Please attach an invoice that provides sufficient information to be used as a cross reference with the items described in your grant line item and AEL #. When the invoice includes items that are not being claimed or that belong to different claims or grants, please circle and designate on the invoice the items that you are requesting for reimbursement. Each item circled must have a project #, a funding source, and a total. Purchase orders and price quotes will not be accepted in the place of the invoice.

Copy of the purchase order
Print out of the corresponding AEL # (Authorized Equipment List number). The AEL listing can be found at:
https://www.rkb.us/fema_grants.cfm
Proof of payment of the invoice: The proof of payment for L.A. County Departments is the printout from e-CAPS showing that the check cleared the bank. The proof of payment for other than L.A. County Department is the corresponding copy of the bank's cleared check .

Calculations for use tax paid: When use tax is paid, clearly show the calculations of the use tax in the invoice included in your claim.

Proof of payment of the use tax: Please provide official documents which authenticate the remittance of the use tax to the state, the amount and the reference to the invoice being claimed.

Federal Debarment Listing: Please provide a screen print out of the queried Federal Debarment Listing at http://www.sam.gov/portal/public/SAM. (you will need a username and a password; if you don't please create an account) . The listing needs to be queried prior to the selection of the vendor.

If you are claiming services, supplies, training related costs, or any other type of items purchased thru a vendor or contractor or government agency, please indicate with an X the method that you used to acquire the items (do not leave blank or mark more than one). Please note that competitive bid, non-competitive bid or sole source are the only valid purchasing methods.

Competitive Bid: for projects that received more than one bid. Please indicate number of bids received (must be more than one).

Non-Competitive Bid: for single bid purchases of $250,000 or more (effective June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.

Sole Source: for non-bid purchases of $250,000 or more effective (June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.

Enter the amount of your claim after you verify that your budget is sufficient to cover your request. When the amount of the budget is not sufficient, please let your Program Coordinator know of the possible need for budget modification.

Enter the "Total Amount" by adding the subtotal claims included in each line.

Please read and check the box provided if you are an authorized signor.

Please sign the Grant payment request if you are an authorized signor of your agency.

When the authorized person is the same as the contact person in Section B you do not need to enter the authorized contact information. If the authorized person and the contact person in Section B are different, please enter all the fields in this area as requested.

Revised on 11/20/2017

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a)
For Training Claims:
a)
b)
c)
If you are including personnel cost with your training claim, please add the following:
d)
e)
f)
g)
h)
i)
ADDITIONAL ITEMS THAT YOU NEED TO ATTACH TO YOUR GRANT PAYMENT REQUEST:

For Equipment Claims:

Equipment Inventory Listing (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. If there is no serial # for your equipment please assign a valid ID tag, or write "Consumable" (if it applies) or write N/A. please do NOT leave the corresponding space blank. *1Please refer to the Instructions to Equip Inty Tab for completion procedures of Equipment Inventory.

Additionally, please enter the appropriate CBRNE Mission (Chemical, Biological, Radiological, Nuclear, or Explosive) in the column titled "Equipment Description & Quantity". This only applies to vehicles with AEL # 12VE-00-MISS (Vehicle Specialized Mission:CBRNE).

You need to inform us of any changes on the items above *1. This applies to each piece of equipment added in the Inventory Listing, including when the items are disposed and/or no longer useful. We will update the master inventory listing (per grant requirement) according to the information you give us. Please make sure that you include all the attachments that are necessary to provide us with the requested information.

State Sole Source Approval: If you are claiming training related costs thru a Non-Competitive Bid or Sole Source training provider, regardless the purchased amount, please attach the State's approval (effective December 03, 2018). The approval needs to be requested from the State prior to the start of the project.

State-Sponsored Training Reporting Form (with the tracking request #): Please add this form along with the Training Request Form Training Officer (POC), which you completed at the website, to the claim's backup documentation. All the backup documentation submitted for the training claim needs to agree with the training period and the detail description on the Training Reporting Form and the line item of the Grant. Training request #'s must be obtained from the State prior to the start of the project.

Receipts and paid invoices: please include the complete copy of the receipts and paid invoices with your claim for itemized costs such as air plane tickets, hotel stays, instructor's fees, workshop cost, facilities fees, consulting services, etc. Additionally, you will need to include the documents requested in numeral 5 under Section C.

Personnel List (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits.

Documents that certify completion of the training: please attach supporting documents that show the class name, dates of training, # of hours of the training class, printed name and signature of individual taking the class and approval signature from supervisor or trainer (attach the information for backfilled positions also). Examples of documents that certify completion of training are:

Attendance sheets (signed by employee and instructor)
Sign in sheets (same as above) Signed training certificates Summary Listing of Charges: Please use the Training Summary Sheet form provided in this claim packet that clearly shows the breakdown of the training charges per employee and that match the total claimed. This form includes the following: employee name, assignment, job title, date, salary, hours claimed, regular rate, overtime rate, employee benefits rate, claim amount per employee, clear calculations of amount claimed per employee and total (equal to the amount claimed).

Please ensure that the Training Summary Sheet is verified/approved by an authorized signatory, with printed name and title, and dated.

Backup for the Benefits Rate: If you are adding benefits to your claim, please make sure that you include the official calculation for the rate used.

Timecards: Include a printout of the corresponding timecards. Manual timecards need to indicate the # of hours charged per day to the grant, supervisor's signature, employee name and signature. Automatic system generated timecards need to be approved and include the name of the employee and hours charged per day to the grant.

Explanation of timekeeping codes: When the supporting documentation (timesheet, payroll register, etc.) includes timekeeping codes please provide a printout with the explanation of the usage as detailed as possible.

Revised on 11/20/2017

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j)
k)
For Planning Claims:
a)
b)
c)
d)
a)
b)
c)
Deliverable (or final product): Please include with your claim the final product of the planning activity (deliverable) that was identified in the grant award.

Payroll register: The payroll register needs to clearly support and explain the amount claimed per employee. It also needs to show the salary, hourly rate, employee benefits and overtime rate.

Roster of backfilled positions: When you are claiming overtime for a backfilled position, please attach the backfilled roster to your claim.

The roster needs to include the name of the backfilling employees, a short description of duties performed, the corresponding employee whose duties were covered and the dates accordingly. Please make sure that the roster is signed and that you include documentation corresponding to the employee covered by the backfilling position. Signed Certificate of Completion: The certificate of completion can be an e-mail confirming that the planning activity was completed.

Invoices: If your planning claim includes charges invoiced by vendors, please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).

Supporting Documentation for Personnel Cost: When your planning claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.

For Exercise Claims:

Proof of State Approval of After Action Report (AAR): In order for your AAR to be approved you have to submit it to the State using the ODP Portal (see link below), within 90 days after completion of the exercise. You need to notify the State when the AAR is uploaded so they can proceed with the approval process.
https://hseep.dhs.gov/DHS_SSO/
Invoices: If your exercise claim includes charges invoiced by vendors please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).

Supporting Documentation for Personnel Cost: When your exercise claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.

For Organization Claims: Please see above b) and c) under Exercise Claims Revised on 11/20/2017

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GRANT NAME:

SUB-RECIPIENT: __________________________________________ P. ___ of ___ DATE OF REPORT: ______________________________________
Grant Project AEL Description of Property Serial # or SAFECOM Source of Department Vendor Invoice % of FED Location Use & Condition Year Number No. Other ID # Consult
(Yes/No/NA)
Property
(SHSP or
EMPG Grant
Program)
(Title Holder) Name Number Date Cost Participation (N=New, D=Deployed,
O=Out of
Service, L=Lost,
Date Sale Price
N:Grants/Subrecipient Monitoring/Forms/Propery & Equipment Inventory Listing Revised 12/2019

GRANT PROPERTY AND EQUIPMENT INVENTORY LISTING
Acquisition Disposition

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OBJECTIVE: To provide an equipment inventory listing that links the State Homeland Security Workbook, to the Equipment Ledger and to the Equipment Listing to simplify the tracking and accountability; and to Field Date Element
(1)
(2)
(3)
(4) Grant Year
(5) Project #
(7) AEL No.
(8) Description
(9) Serial # or Other ID #
(10) Safecom consult
(11) Source of Property
(12) Title Holder
(13) Vendor Name
(14) Invoice Number
(15) Acquisition Date
(16) Acquisition Cost
(17) % of Fed Part
(18) Location
(19) Use & Condition
(20) Disposition data
(21) Sale Price
of the form.

Note {1}:
taken and the results reconciled with the equipment records (at least {2} Indicate: N = New, D = Deployed, O = Out of Service, L = Lost & S = Stolen Project Number (from Grant Workbook Project Sheets)
Equipment Inventory Listing
Procedures for Completion
eliminate duplication and confusion.

Procedure
Grant Name SHSP or EMPG
Sub-Recipient Name of your agency
Date of Report Date report completed {1}
Grant Year of funds used to purchase equipment
Fed participation in the cost of equipment
Authorized Equip Listing No (from Grant Workbook)
Description of the equipment
Serial # or Other identification # used
Fill out either by Yes, No, or N/A
Funding source, i.e, SHSP, EMPG, etc.

Name of agency (City/Department)
Name of the vendor
Invoice number
Date equipment acquired
Cost of the individual equipment item
once every two years).

Distribution
Copy maintained in sub-recipient file
Copy forwarded to Shared Services Division
Location of equipment
Use & condition {2}
Date of disposition
Sale price, If applicable, or N/A for not applicable
The Equipment Inventory Listing must be completed in its entirety to meet the objective This date should be the date the physical inventory of equipment was

EXHIBIT G

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Grant Name
Jurisdiction Name:

Training Provider:

OHS Approved Course Title:

Non-SLGCP Course Title & OHS Tracking No.
(requires pre-approval thru OEM)
Date of Course:

Class/ Exercise Duration/Hours:

EMP NO. EMPLOYEE NAME ASSIGNMENT TITLE

TRAINING
REQUEST #

TRAINING

START DATE

TRAINING END
DATE

SALARY OT REG RATE OT RATE OT PAY
Are you
claiming
for
Employee
Benefits?
Employee
Benefits Rate CLAIM
(for Training only) HOURS TOTAL
1 -$ -$ -$
2 3
4 5
6 7
8 9
10 GRAND TOTAL -$
Approved by:

Authorized Signature
Print Name and Title Date
Training Summary
Sheet

EXHIBIT G

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- -
GRAND TOTAL $
Approved by:

Authorized Signature
Print Name and Title Date
Final Product
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)

PLANNING ROSTER
Project Planning Activity Solution Area
Sub-Category Discipline Funding Source Total Cost Total Claimed Cash Request Number
FMFW v1.09- 06/09

EXHIBIT G

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- -
GRAND TOTAL $
Approved by:

Authorized Signature
Print Name and Title Date
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)

EXERCISE ROSTER
Project Exercise Title Funding Source Solution Area
Sub-Category Discipline Cash Request
Number Total Cost Total Claimed Conducted By Date of
Exercise Exercise Type Exercise Role Date AAR entered into HSEEP FMFW v1.09- 06/09

EXHIBIT G

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8. Notes on Personnel Cost:

In general, costs associated with:
 Work performed under contract for a specific deliverable DOES NOT count against the personnel cap, however,
 Work performed under contract for an undefined period, such as for personnel costs supporting operational activities, including general planning, training or exercise activities DO count against the personnel cap; and
 Work performed by all non-contractor personnel, including for full- or part-time staff and operational overtime DO count against the personnel cap.

The following examples would not count towards the personnel cap:
 Vendor installation of a radio tower;
 Vendor training on new equipment purchased;
 Contractor hired to create an Emergency Operations Plan;  Contractor hired to provide deliveries of ICS 400; and  Contractor hired to assist with planning, training, evaluating, and reporting the effectiveness of a specific exercise.

The following examples would count towards the personnel cap:
 Contractor hired to be the State’s WMD training instructor with no specific deliverables under contract;
 Contractor hired to facilitate unidentified number of exercises throughout the performance period;
 Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year; and  Contractor hired to be an intelligence analyst.

EXHIBIT G

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Employee Name Project / Deliverable Funding
Source Discipline Solution Area Solution Area Sub
Category
Dates of Payroll
Period
Total Salary &
Benefits charged
for this Reporting
Period
Total Project
Hours
REIMB
Request #
Total Cost Charged
to Grant
- - N/A -
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) Project
FMFW v1.15a - 2015

EXHIBIT G

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FMFW v1.15a - 2015

EXHIBIT G

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FMFW v1.15a - 2015

EXHIBIT G

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EXHIBIT H

Page 1 of 11 ends

B. TRAINING
Objective
To determine that the Training expenditures were appropriately documented and that the activities aligned with the project’ s goals and objectives. If the Training activities involved employees, determine if the Subrecipient appropriately documented the Training expenditures using employee timecards, sign-in sheets, and certificates of training. If the Training activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement procedures to hire the consultants or contractors. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Training
expenditures? If yes, then continue. If no, continue
to next section.

2. Did the Subrecipient receive prior approval from
the State either via email or other documentation
and did it include the training course name and
number?

3. If the Training expenditures relate to the use of
employees, did the Subrecipient appropriately
document the Training expenditures using employee
timecards, sign-in sheets and certificates of training?

4. If Training expenditures relate to the use of
consultants/contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?

5. Did the Subrecipient accurately report the Training
expenditures in their accounting records?

6. For Projects with overtime expenditures for Training:

a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?

b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?

EXHIBIT H

Page 2 of 11 ends

B. TRAINING (Continued)

Verification Yes No Comments

7. For Projects with backfill expenditures for Training:

a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the
State?

b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?

c. Did the Subrecipient accurately report the
expenditures in their accounting records?

8. Were employee timecards utilized in Training activities signed and dated by the employee and direct supervisor?

9. Were the Training expenditures consistent with the State approved grant award and/or post award modification(s)?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports submitted by HSGA:

a. If the Project prior Grant Year monitoring report
finding was resolved, explain resolution, and indicate
such in the current report as resolved.

b. If the Project prior Grant Year report finding is not resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior
year finding and indicate such in the current report.

EXHIBIT H

Page 3 of 11 ends

C. PLANNING

Objective
To determine that the Planning expenditures were appropriately documented and that the activities aligned with the project’s goals and objectives. If the Planning activities involved employees, determine if the Subrecipient appropriately documented the Planning expenditures using employee timecards and sign-in sheets. If the Planning activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Planning
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient appropriately document the
Planning expenditures providing copies of the
support documentation that indicated the efforts
made to produce the final product and a copy of
the product produced?

3. If Planning expenditures relate to the use of employees, did the Subrecipient use employee timecards and
sign-in sheets?

4. If Planning expenditures relate to the use of
consultants/contractors, did the Subrecipient
follow proper procurement procedures to hire
the consultants or contractors?

5. Did the Subrecipient accurately report the
Planning expenditures in their accounting records?

6. For Projects with overtime expenditures for
Planning:

a. Did the Subrecipient maintain employee
timecards to appropriately document the
overtime expenditures?

EXHIBIT H

Page 4 of 11 ends

C. PLANNING (Continued)

Verification Yes No Comments

b. Did the Subrecipient accurately report the
overtime expenditures in their accounting
records?

7. For Projects with backfill expenditures for Planning:

a. Does the Subrecipient have documentation
that the backfill expenditures were approved
by the State?

b. Did the Subrecipient appropriately document
the backfill expenditures using employee
timecards and sign-in sheets?

c. Did the Subrecipient accurately report the
backfill expenditures in their accounting
records?

8. Were the employee timecards utilized in Planning
activities signed and dated by the employee and
direct supervisor?

9. Were the Planning expenditures consistent with the
State approved grant award and/or post award
modification(s)?

10. Ensure the Subrecipient corrected area of
noncompliance that remain outstanding and were
reported as findings in prior Grant Year monitoring
reports submitted to HSGA:

a. If the project prior Grant Year monitoring report
finding was resolved, explain resolution, and
indicate such in the current report as resolved.

b. If the project prior Grant Year monitoring report
finding is not resolved, indicate why it has not been
resolved and what the Subrecipient is doing to
resolve the prior year finding and indicate such in
the current report.

EXHIBIT H

Page 5 of 11 ends

D. EQUIPMENT
Objective
To determine that the project Equipment expenditures are supported by invoices and that a listing of the Equipment/property is maintained by the Subrecipient. To determine that the purchases are aligned with the project’s goals and objectives. Use Worksheets 2 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Equipment
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient maintain invoices to support
the Equipment expenditures?

3. Did the Subrecipient follow proper procurement
procedures to purchase the Equipment and were
the items listed in the federal “Authorized
Equipment List” and/or “Standardized Equipment List”?

4. Did the Subrecipient accurately report the
Equipment expenditures in their accounting records?

5. Did the Subrecipient maintain an Equipment
inventory that listed the following:
a) Description of Equipment,
b) Serial number or other identification number,
c) AEL number,
d) Fund/source/grant year,
e) Title holder,
f) 100 percent of federal participation. If no, then identify percentage, g) Acquisition date,
h) Acquisition cost,
i) Quantity,
j) Equipment location,
k) Use and condition of Equipment,
l) Disposal date and sale price of the Equipment

6. Did the Subrecipient conduct an inventory of
Equipment purchased with Cal/OES grant funds at
least once every two years?

EXHIBIT H

Page 6 of 11 ends

D. EQUIPMENT (Continued)

Verification Yes No Comments

7. Was the Equipment physically inspected to ensure:
a. The Equipment existed and agreed to inventory
listing?
b. The Equipment worked and adequately trained
staff are available to operate the Equipment?

8. Did the Subrecipient maintain Equipment in a secure
location?

9. For property other than Equipment, i.e. supplies, did the Subrecipient have controls and accountability to
safeguard and ensure that the items are used and
solely for authorized purposes?

10. For Equipment disposal, if any:
a. Was the disposition consistent with federal
regulations?
b. What is the status of the proceeds received from the disposal?

11. Did the Subrecipient have a policy for damaged,
destroyed, lost or stolen Equipment including but
not limited to informing the Cal/OES, steps to replace the Equipment and an investigative process?

12. Were the Equipment expenditures consistent with
State approval grant award and/or post award
modification(s)?

13. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the project prior Grant Year monitoring report finding was resolved, explain resolution, and indicate such in
the current report as resolved.
b. If the project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved
and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

EXHIBIT H

Page 7 of 11 ends

E. EXERCISE
Objective
To determine that the Exercise expenditures were appropriately documented and the activities align with project’s goals and objectives. If the Exercise activities involved employees, determine if the Subrecipient appropriately documented the Exercise expenditures using timecards and sign-in sheets. If the Exercise activities involved using consultants or consultants, determine if the Subrecipient followed the appropriate procurement procedure. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Exercise
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient receive prior approval from the State either via email or other documentation and did it include the Exercise course name and number?

3. If the Exercise expenditures relate to the use of employees, did the Subrecipient appropriately document the Exercise expenditures using employee timecards, sign-in sheets, and certificates for Exercise?

4. If the Exercise expenditures relate to the use of consultants/ contractors, did the Subrecipient follow proper procurement procedures to hire the consultants or contractors?

5. Did the Subrecipient accurately report the Exercise
expenditures in their accounting records?

6. For Projects with overtime expenditures for Exercise:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime expenditures in their accounting records?
c. Did the Subrecipient accurately report the backfill expenditures in their accounting records?

7. For Projects with backfill expenditures for Exercise:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?

EXHIBIT H

Page 8 of 11 ends

E. EXERCISE (Continued)
Verification Yes No Comments

8. Were the employee timecards utilized in the Exercise activities signed and dated by the employee and direct supervisor?

9. Were the Exercise expenditures consistent with the State approved grant award and/or post award modifications?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports:

a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in
the current report as resolved.

b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

EXHIBIT H

Page 9 of 11 ends

F. ORGANIZATION
Objective
To determine that the Organization expenditures were appropriately documented and that the activities align with the project’s goals and objectives. If the Organization activities involved employees, determine if the Subrecipient appropriately documented the Organization expenditures using employee timecards and sign-in sheets. If the Organization activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Organization expenditures? If so, continue. If no, continue to next section.

2. If the Organization expenditures relate to the use of employees, did the Subrecipient document the expenditures using employee timecards, sign-in sheets, or with other support documentation that substantiated the expense?

3. If the Organization expenditures relate to the use of consultants or contractors, did the Subrecipient follow proper procurement procedures to hire the consultants
or contractors?

4. Did the Subrecipient accurately report the Organization expenditures in their accounting records?

5. For Projects with overtime expenditures for Organization:

a. Did the Subrecipient maintain employee timecards to
appropriately document the overtime expenditures?

b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records.?

EXHIBIT H

Page 10 of 11 ends

F. ORGANIZATION (Continued)
Verification Yes No Comments

6. For Projects with backfill expenditures for Organization:

b. Does the Subrecipient have documentation that the
backfill expenditures were approved by the State?

c. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
other payroll documentation?

7. Were employee timecards utilized in Organization activities signed and dated by the employee and direct supervisor?

8. Were the Organization expenditures consistent with the State approved grant award and/or post award modification(s)?

9. Ensure that the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:

a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in the current report as resolved.

EXHIBIT H

Page 11 of 11 ends

STAFF REPORT

ITEM NO. _______8__________

TO: Honorable Mayor and Members of the City Council
FROM: Mark Hsu, Information Systems Manager
DATE: November 16, 2022
SUBJECT: Approval of Proposal from THE [RE]DESIGN GROUP for the Purchase of Citywide Replacement 164 Dell Computers and Monitors

SUMMARY
Staff computers are more than 7 years old. As part of our computer refresh strategy, computers that are at the end-of-useful-life are replaced with new computers and monitors when needed.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the proposal from THE [RE]DESIGN GROUP in the amount of $ 199,294.27 and authorize the Chief Executive Officer to purchase 16 4 Dell Optiplex 7090 Ultra Computers & C2422HE Monitors

2. Authorize the Director of Finance to make the necessary budget adjustments.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The funds for this project budget were approved as part of the Fiscal Year 2021-22 Capital Improvement Program (CIP No. 22-004). Approved funds will come from the American Rescue Plan Act (ARPA) revenue loss category , account number 275 -10-764- 58110-51004 in the amount of $199,294.27

BACKGROUND
Most of City current computers are more than 7 years old. The City Information Technology Division has a practice of maintaining for a lifespan of 5 -6 years, based on industry standards and practical observation.

As a part of its information technology practices, the City IT typically upgrades and deploys hardware in a timeframe that keeps City equipment in a state of secure, reliable, and efficient performance. This practice helps to make sure that critical technology infrastructure is up to date with security -related improvements, functional product enhancements, and resilient to failure.

The total cost of this purchase is $199,294.27 which includes 164 Dell Optiplex 7090 Ultra Computers and C2422HE Monitors. This proposal is including 3 years Advanced Exchange Service.

Pricing for this purchase is based on the NCPA (National Cooperative Purchasing Alliance) 01-42, contract number C000000978662. City Policy provides for an exemption from formal bidding procedures when participating in established governmental cooperative purchasing programs such as the NCPA agreement.

LEGAL REVIEW
None Required.

ALTERNATIVES

1. The City Council may choose not to purchase these new computers and keep using our current computers.

2. Provide staff with alternate direction.

ATTACHMENTS

1. Proposal and Detailed Quotes

2. DELL NCPA Agreement 01-42 contract number C000000978662

Wednesday, November 9, 2022
Prepared by
Pete Weil
Regional Sales Director
The [RE]DESIGN Group
[email protected]
Prepared for
Mark Hsu
It Department
City of Baldwin Park
[email protected]
Project
City of Baldwin Park Client
Quote # 2078, Version 1
Proposal
City of Baldwin Park | Client
Quote # 2078, Version 1
Delivered: November 9, 2022
Valid through: December 8, 2022
Prepared forPrepared by
Pete Weil
The [RE]DESIGN Group
2629 Manhattan Ave, Suite 307
Hermosa Beach, CA 90254
[email protected]
Mark Hsu
It Department
City of Baldwin Park
[email protected]
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors
Description Price Qty Ext. Price
BUILD (164) Dell C2422HE Monitors
NCPA 01-42 Contract No: C000000978662
$53,590.28 1 $53,590.28
210-AYPJ 164
814-5380 164
814-5381 164
BUILD (164) Optiplex 7090 Ultra's with 3 Years ProSupport NBD $128,413.64 1 $128,413.64 817-BBBN NO RAID 164
210-AXWV OptiPlex 7090 Ultra XCTO 164
338-BXTH 11th Generation Intel Core i7-1185G7 (4-Core, 12MB Cache, up to

4.8GHz, 28W, vPro capable)
164
619-AQLP Windows 11 Pro, English, French, Spanish 164
658-BCSB No Microsoft Office License Included 164
370-AFWE 8GB (1x8GB) DDR4 Non-ECC Memory 164
400-BGMM M.2 256GB PCIe NVMe Class 35 Solid State Drive 164 Quote #002078 v1 www.redesign-group.com
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors
Description Price Qty Ext. Price
401-AANH No Additional Hard Drive 164
450-AKIG 90 Watt A/C Adapter 164
470-AACI US Power Cord 164
555-BFQO Qualcomm QCA61x4a 802.11ac dual band 2x2 + Bluetooth 5 164 575-BBZU Wireless Bracket for M.2 164
555-BGHU Wireless Driver, Qualcomm 2x2ac QCA61x4a 164
452-BDRJ OptiPlex Ultra Height Adjustable Stand (Pro2) for 19"-27" displays 164 470-ACPC DisplayPort to DisplayPort cable, 0.6m 164
470-AENT USB-C to USB-C cable, 0.6m 164
470-AENU USB-A to USB-B 3.0 cable, 0.6m 164
580-AJJG Dell Pro Wireless Keyboard and Mouse - KM5221W - English - Black 164 570-AADI Mouse included with Keyboard 164
817-BBBC Not selected in this configuration 164
525-BBCL SupportAssist 164
640-BBLW Dell(TM) Digital Delivery Cirrus Client 164
658-BBMR Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps)
164
658-BBRB Waves Maxx Audio 164
658-BEOK Dell SupportAssist OS Recovery Tool 164
658-BEQP Dell Optimizer 164
658-BFDQ Windows PKID Label 164
620-AALW OS-Windows Media Not Included 164
Quote #002078 v1 www.redesign-group.com
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors
Description Price Qty Ext. Price
387-BBLW ENERGY STAR Qualified 164
340-AGIK SERI Guide (ENG/FR/Multi) 164
379-BEGO Dell Watchdog Timer 164
340-CUCN OptiPlex 7090 Ultra Quick Start Guide 164
332-1286 US Order 164
389-BCGW No UPC Label 164
329-BBJL Trusted Platform Module (Discrete TPM Enabled) 164 328-BDWT Direct Ship from FSJ 164
340-CUPX Shipping Material for Ultra and Pro2 and 164
389-BBUU Shipping Label 164
389-DYES Regulatory label, for FSJ Orders with 90W adapter 164 575-BBZV Bracket for NO 2.5 inch Hard Drive Disk 164
389-DXUV 11th Gen Intel Core i7 label non-vPro 164
800-BBIO Desktop BTO Standard shipment 164
650-AAAM No Anti-Virus Software 164
817-BBBB Custom Configuration 164
340-CKSZ No AutoPilot 164
631-ACTU No Out-of-Band Systems Management 164
379-BDZB EPEAT 2018 Registered (Gold) 164
429-ABGY No External ODD 164
812-3886 Dell Limited Hardware Warranty Plus Service 164 Quote #002078 v1 www.redesign-group.com
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors
Description Price Qty Ext. Price
812-3894 ProSupport: 7x24 Technical Support, 3 Years 164 812-3908 ProSupport: Next Business Day Onsite 3 Years 164 989-3449 Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport
164
822-3177 Partner Success Program Management 164
Subtotal: $182,003.92
Quote #002078 v1 www.redesign-group.com
Delivered: November 9, 2022
Valid through: December 8, 2022
City of Baldwin Park | Client
Quote # 2078, Version 1
Quote Summary
Description Amount
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors $182,003.92 Subtotal: $182,003.92
Estimated Tax: $17,290.35
Total: $199,294.27
Acceptance of this Quote is binding and the above item(s) will be purchased in reliance thereon. All sales are final. After orders are placed, a final invoice will be provided that shall include all applicable taxes, shipping charges, and payment terms not included herein. Any invoice amounts not timely paid will be subject to a daily interest charge, at the prorated amount of 1.5% per month, or at the highest interest rate allowable under California law. By signing below, the above-named Company, acting under due and proper authority, hereby agrees that this Quote constitutes a binding Agreement with The [RE]DESIGN Group.

The [RE]DESIGN Group City of Baldwin Park
Signature:

Name:

Title:

Date:

Signature:

Name:

Date:

Quote #002078 v1 www.redesign-group.com
1 | Page
Fo
rm Revision: October 30, 2014
Resell
er Authorization Agreement for
National Cooperative Purchasing Alliance Contract 01-42 (Prime Contractor: Dell Marketing L.P.)
Bet
ween
_______
_______________(“Reseller”) and National Cooperative Purchasing Alliance (“NCPA”) 2629 Manhattan Ave #307
Hermosa Beach, CA 90254
PO Box 701273
H
ouston, TX 77270

1. Intr
oduction
This Reseller Authorization Agreement (“Agreement”) is made by and between the National Cooperative Purchasing Alliance (“NCPA”) and the reseller identified above (“Reseller”). Upon the execution of this Agreement by both parties (the “Effective Date”), NCPA and Reseller (each a “Party,” and collectively, the “Parties”) establish binding terms under which Reseller may sell certain products and services for NCPA customers under the terms and conditions of NCPA Contract Number 01-42 (“the Contract”) which has been executed between NCPA and Dell Marketing, L.P. (“Dell”).

2. Ter
m
This Agreement shall be coterminous to the NCPA contract unless either Party terminates the Agreement earlier for any reason as outlined in Section 3. Should the NCPA contract be suspended or terminated during the term of this Agreement, authorization to resell under the contract will also be terminated on the same date as the termination of the NCPA contract.

3. Te
rmination

3.1 Th
irty Day No Cause Termination. Either Party may terminate this Agreement in such Party’s sole discretion, with or without cause, upon at least thirty (30) days prior written notice to the other Party.

3.2 Te
rmination for Cause. NCPA may at its option, and upon written notice to Reseller, immediately terminate this Agreement if: (i) a material violation or breach of this Agreement or the Contract by Reseller is not remedied within ten (10) days after Reseller’s receipt of written notice of the violation or breach; (ii) Reseller admits in writing its inability to pay its debts generally as they become due, files a petition for bankruptcy or executes an assignment for the benefit of creditors or similar document; (iii) a receiver, trustee in bankruptcy or similar officer is appointed for Reseller’s property; or (iv) a majority interest of the equity or assets of Reseller is transferred to an unrelated third party or this Agreement is assigned by Reseller without NCPA’s prior written consent.

3.3 Te
rmination of Reseller by Dell. NCPA’s authorization to allow Reseller to sell under the Contract is contingent on Dell’s continued authorization of Reseller to act as an authorized reseller for Dell under the Contract. Should NCPA become aware that Dell has decided to [re]DESIGN
DocuSign Envelope ID: 86590F41-FB63-47F2-8590-AF287EE6C405 2 | P age
F
orm Revision: October 30, 2014
terminate its authorization for Reseller to sell under the Contract, this Agreement shall terminate on the day NCPA receives such notice from Dell. NCPA agrees to inform Reseller in writing upon NCPA’s becoming aware of Dell having taken such an action. 3 .4 Effect of Termination. Upon any termination of this Agreement, the provisions of this Agreement shall continue to apply to all orders accepted by Reseller prior to the effective date of such termination. Termination shall not exclude other remedies for failure of Reseller to perform its obligations. Upon termination of this Agreement, the rights and obligations of the Parties that are executory shall survive any termination or expiration of this Agreement. 4 . Terms and Conditions
All sales by Reseller under this Agreement shall be in accordance with the terms and conditions of
the Contract as presented in the following link: http://ncpa.us/Vendors/Dell. 5 . Pricing
Reseller agrees to charge eligible end user customers no more than the ceiling rates set forth in t
he Contract. Reseller can, however, offer lower pricing than the ceiling rates to eligible cu
stomers of the Contract. Reseller agrees to repay the NCPA or the end user customer any o
vercharges paid to Reseller by end user customers using the Contract as a purchase vehicle.

6. Reporting, Audit, and Fee Payment

6.1 A
udit. Reseller shall maintain an accounting of all purchases made by end user customers under the contract. Audit provisions in the Contract shall apply to Reseller. 6 .2 Reporting. Reseller shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales by Reseller under the contract for the previous quarter. Reports shall be sent via email to NCPA offices at [email protected] with a copy to [email protected] & [email protected] or other point of contact as designed by NCPA. Reports and payments are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the Reseller to collect and compile all sales by the Reseller under the contract to participating members and submit one (1) report. The report shall include at least the following information as listed in the reporting example below:

DocuSign Envelope ID: 86590F41-FB63-47F2-8590-AF287EE6C405 3 | P age
Fo
rm Revision: October 30, 2014

6.3 Fees. Reseller shall pay to NCPA a quarterly administrative fee based upon the total purchase price paid to Reseller by end user customers for purchases of products and services from Reseller, net of any shipping costs, taxes, returns, credits, or adjustments pursuant to the Master Agreement based upon tiered fee schedule below.

ANNUAL SALES THROUGH CONTRACT ADMINISTRATIVE FEE
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%

7. Po
sting of Reseller Contract Information
Reseller agrees to provide information as requested by NCPA to allow the notification potential purchasers using the Contract that Reseller has been authorized as a Dell reseller, including but not limited to, point of contacts for sales, website links, email addresses, etc. Reseller agrees to keep such information updated and current throughout the contract’s term.

8. N otice
Any notice given under this Agreement must be in writing and will be effective when delivered to the other Party at the address set forth below for that Party. Notice addresses may only be changed in writing by the Parties by following the notice provisions of this Section. The Parties hereby appoint liaisons for notice and communication purposes under this Agreement as identified below:
l
NCPA: M
atthew Mackel
Director, Business Development
P.O. Box 701273
Houston, Texas 77270
Resell
er: ______________
CEO
2629 Manhattan Ave #307
Hermosa Beach, CA 90254
Phil Sanginario
DocuSign Envelope ID: 86590F41-FB63-47F2-8590-AF287EE6C405 4 | P age
Fo
rm Revision: October 30, 2014
This Agreement has been executed on behalf of the Parties by their duly authorized representatives, to be effective as of the Effective Date.

AGREED:

Reseller Na tional Cooperative Purchasing Alliance
By By
Name Name
Title Title
Date Date
DocuSign Envelope ID: 86590F41-FB63-47F2-8590-AF287EE6C405 6/20/2022
President
Phil Sanginario
ITEM NO. ________9_________

STAFF REPORT

TO: Honorable Mayor and City Councilmembers
FROM: Ron Garcia, Director of Community Development
PREPARED BY: Long T. Tang, PE, Building Official

DATE: November 16, 2022
SUBJECT: Public Hearing and Adoption/Second Reading of Ordinance No. 1471 Adopting the 2022 California Building Code, 2022
California Residential Code with Appendices I and K, 2022 California Existing Building Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Electrical Code, 2022 California Green Building Standards Code, 2022 California Energy Code, 2022 California Historical Code, 2022 California Reference Standards Code, 2022 California Fire Code, and 2023 Los Angeles County Fire Code

SUMMARY
The Community Development Department requests the City Council conduct a public hearing and adopt/second reading of Ordinance No. 1471 amending Chapter 150 of Title XV of the Baldwin Park Municipal Code adopting the 2022 Edition of the California Building Code, California Residential Code with Appendices I And K , California Existing Building Code California Mechanical Code, California Plumbing Code, California Electrical Code, California Green Building Standards Code, California Energy Code, California Historical Code, California Reference Standards Code, California Fire Code , and Los Angeles County Fire Code; hereby collectively referred to as the 2022 California Codes.

The changes to the municipal code mainly occur between sections 150.140 and 150.220. The revisions entail updating the titles of the referenced codes and relabeling the referenced code sections to coincide with the California Code sections.

Section 150.084(A)(1) was amended to coincide with Health and Safety Code Section 18938.6 extending the expiration date for building permits from 180 days to 12 months from the date of issuance.

Section 150.225 was added to Chapter 150 to adopt the 2022 California Fire Code (CFC) and 2023 Los Angeles County Fire Code (LACFC). Since Baldwin Park is part of the Los Angeles County Fire district, adopting the CFC and LACFC will allow the Fire Department to enforce all provisions of the Code to ensure fire safety in the City.

Section 150.154 LOCAL AMENDMENTS was added to amend the California Electrical Code to require electrical connections between the main building service panel(s) and accessory or auxiliary buildings, structures, or equipment to be placed underground.

2 RECOMMENDATION
It is recommended the City Council:

1. Conduct a Public Hearing

2. Close Public Hearing & Find that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because it has no potential for resulting in a physical change to the environment, pursuant to Section 15308 of the CEQA Guidelines-Actions by Regulatory Agencies for Protection of the Environment.

3. Adopt (Second Reading) Ordinance No. 1471 entitled:

" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, Amending CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2022 CALIFORNIA EXISTING BUILDING CODE , 2022 CALIFORNIA MECHANICAL CODE, 2022 CALI FORNIA PLUMBING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL CODE, 2022 CALIFORNIA REFERENCE STANDARDS CODE, 2022 CALIFORNIA FIRE CODE AND 2023 LOS ANGELES COUNTY FIRE CODE , INCLUDING ALL

APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938.”

FISCAL IMPACT
There will be no impact to the General Fund as a result of the adoption of this Ordinance.

CEQA
The adoption of this ordinance is not a project under the requirements of the California Environmental Quality Act, because it has no potential for resulting in a physical change to the environment. This Ordinance is exempt pursuant to Section 15308 of the CEQA Guidelines -Actions by Regulatory Agencies for Protection of the Environment, because it is a regulatory action taken by local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment.

BACKGROUND
In order to ensure that building construction standards remain up -to-date and relevant, the State of California amends and adopts the model codes from the International Code Council (ICC) every three years. The 2022 California Codes represent modifications, additions, and deletions to the model code to reflect existing State laws and statutes. The 2022 California Codes, as adopted by the State of California, has the effective date of January 1, 2023.

Current State laws provide that the City of Baldwin Park must adopt the aforementioned codes by reference except that the City may amend the California Codes. Such amendments must be justified as being reasonable and necessary due to local climatic, geologic, and topographic conditions, or for administrative reas ons. If the City does not adopt the State codes by January 1, 2023, the 2022 California Codes become effective without any local amendments. The California Codes state that in the event of any differences between State codes and other referenced document s, the text of the California Codes will govern.

3 LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ALTERNATIVES
The City may decide not to adopt the 2022 California Codes; in which case, State law will mandate their use without local amendments after January 1, 2023. In addition, the City’s fire-rated roofing, pool fencing, local grading requirements, and several other provisions of the Baldwin Park Munic ipal Code may not be enforced.

ATTACHMENTS

1. Ordinance No. 1471
ORDINANCE NO. 1471

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND
ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE

BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY
ADOPTING THE 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2022 CALIFORNIA EXISTING BUILDING CODE , 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL CODE, 2022 CALIFORNIA REFERENCE STANDARDS CODE, 2022 CALIFORNIA FIRE CODE AND 2023 LOS ANGELES COUNTY FIRE CODE, INCLUDING

ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND
SAFETY CODE SECTION 18938.

WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park; and,

WHEREAS, the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and

WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulation s, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby amends in their entirety Parts 1 through 19 of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in Exhibit A hereto, which is incorporated herein by this reference.

SECTION 2. The City Council hereby finds and determines that all the amendments, deletions, and additions to the forgoing California Building Standards Code and other codes are necessary due to the following:

Climatic - The City of Baldwin Park experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions.

Local Geological Conditions – The City of Baldwin Park is located in the greater Los Angeles/Long Beach region which is a densely populated area having buildings constructed over Ordinance No. 1471

Page 2 of 3 ends

and near a vast array of fault systems capable of producing major earthquakes. These amendments are required to safeguards human lives and ensure the structural integrity buildings and structures in event of a major seismic event.

Local Geological, Climatic, Topographic Conditions – The City of Baldwin Park is also located adjacent to mountainous areas subject to high winds and fires. These amendments are required to address and clarify special needs to reduce fire hazard at the time of any disaster, natural or manmade, and the reduce hazards resulting from landslides and excessive erosion.

SECTION 3. The City of Baldwin Park further finds that such amendments, deletions, and additions are necessary to best serve the public health and welfare. The City Council further determines that the administrative provisions set forth in the State Building Codes are not mandated by law, and that appropriate administrative provisions should be tailored to the needs of the City.

SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

SECTION 5. The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk’s Office.

PASSED AND APPROVED on the ____________.

______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:

__________________________

MARLEN GARCIA,

CITY CLERK

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1471 was introduced at a regular meeting of the City Council held on November 16, 2022, and was adopted by the City Council at its regular meeting held on _________, by the following vote of the Council:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

Ordinance No. 1471

Page 3 of 3 ends

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

________________________________

MARLEN GARCIA

CITY CLERK
Exhibit A to Ordinance No. 14411471*****

Page 1 of 54 ends

EXHIBIT A

GENERAL PROVISIONS

Part 1. ADMINISTRATIVE PROVISIONS

§ 150.001 TITLE.

This chapter shall be known as the Baldwin Park Building Code, may be cited as such and hereinafter referred to herein as “this code.”

§ 150.002 PURPOSE.

The purpose of this code is to establish minimum standards to safeguard the public health, safety and general welfare by regulating and controlling the design, construction, quality of materials, use and occupancy and location of all buildings and structures within the city and certain equipment specifically regulated herein.

§ 150.003 SCOPE.

The provisions of this code shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the city.

§ 150.004 AUTHORITY.

This code is adopted pursuant to the authority granted by Section Section 7 of Article XI of the California State Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of §§ 50022.1 thru 50022.10, inclusive, of the Cal. Gov’t Code relating to adoption of codes by reference.

§ 150.005 APPLICABILITY AND COMPLIANCE WITH CODE PROVISIONS REQUIRED.

(A) The provision of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of buildings and structures located within the incorporated areas of the City of Baldwin Park.
(B) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit or suffer the same to be done, in violation of this chapter or in violation of any of the provisions of the codes adopted hereunder. (C) Exception. Public projects located in the public way and not subject to the city land use regulations; public utility towers and poles; mechanical equipment not specifically regulated Style Definition: Heading 2
Exhibit A to Ordinance No. 14411471*****

Page 2 of 54 ends

by this code; floor control structures; buildings and structures owned and constructed by a Federal, state or other agency which authority pre-empts that of city government.

§ 150.006 ADMINISTRATION.

The provisions of this chapter contain cross-references to the provisions of the 2016 CBC-Amended Administrative, promulgated by the International Code Council in order to facilitate reference and comparison to those provisions.

§ 150.007 CREATION OF DIVISION OF BUILDING AND SAFETY.

There is hereby contained with the city government structure the Division of Building and Safety which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority.

§ 150.008 DEPUTIES.

In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint deputies and other related technical officers and inspectors and other employees as may be authorized by the City Council from time to time.

§ 150.009 POWERS AND DUTIES OF THE BUILDING OFFICIAL.

(A) General. The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and the Technical Codes, excepting that the provisions of Chapter 9 of Building Code shall be enforced jointly with the Fire Marshal of the Los Angeles County Fire Protection District. For such purposes, the Building Official and the Fire Marshal, respectively, and their respective authorized representatives, shall each have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules supplemental to this code as may be deemed necessary in order to clarify the applications and the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.

(B) Interpretations and policies. The Building Official shall have the power and authority to render interpretations of this chapter and the Technical Codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in conformance with the intent and purpose of this chapter.

(1) The Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this chapter:
(a) When necessary to make an inspection to enforce any of the provisions of this chapter and the technical codes; or
Exhibit A to Ordinance No. 14411471*****

Page 3 of 54 ends

(b) When the Building Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous.
(2) The Building Official shall adhere to the following procedures in making an entry:

(a) If such building or premises be occupied, the Building Official shall present credentials to the occupant and request entry.

(b) If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(c) Should entry be refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Notwithstanding the foregoing, if the Building Official has reasonable cause to believe that there exists an unsafe, substandard or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection.

(D) Stop work orders. When work is being done contrary to the provisions of this chapter, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this chapter, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work.

(E) Occupancy violations. When a building or structure or building service equipment therein regulated by this chapter and the technical codes is being used contrary to the provisions of such codes, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes.

(F) Authority to disconnect utilities. The Building Official or the Building Official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

(G) Authority to condemn building service equipment.

Exhibit A to Ordinance No. 14411471*****

Page 4 of 54 ends

(1) When the Building Official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the Building Official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate.

(2) The written notice itself shall fix a time limit for compliance with such order.

Defective building service equipment shall not be maintained after receiving such notice.

(3) When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.

(4) When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this chapter, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation.

(H) Connection after order to disconnect. No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment.

(I) Custodian of records. The Building Official shall be the custodian of records for the Division of Building and Safety and as such, is charged with the responsibility to keep and maintain a permanent record of all building permits issued by the division as well as plans and other pertinent documents and transactions. Such records and documents may be maintained in electronic image, electronic file, paper, or other approved archival method.

(J) Liability. It is the intent of this code to establish minimum standards for the protection of the health, safety and welfare of the public. This code shall not be construed to establish standards of performance, strength or durability other than those specified. This code, nor any of the services rendered in connection with its terms by city officers, inspectors, agents or employees is intended, nor shall be construed as the basis, for any expressed or implied warranties or guarantees to any person relative to, or concerning any structure or part, portion of appurtenances thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced or removed pursuant to this code or any permits granted hereunder. No cause of action shall arise in favor of any person against the city, or any of its officers, inspectors, agents, or employees because any structure or portion thereof, erected, altered, enlarged, repaired, moved, replaced, or removed or any appurtenance, system, wiring, plumbing, mechanical equipment, devices, or appliances installed, maintained, repaired or replaced hereunder do not meet the standards prescribed herein. The Building Official, deputies, inspectors, technical officers and employees, charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of their duties shall thereby, not be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, deputy, technical officer, inspector or employee because of such an act or omission Exhibit A to Ordinance No. 14411471*****

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performed by the Building Official, deputy, technical officer, inspector or employee in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the jurisdiction.

(K) Conflicting provisions.

(1) When conflicting provisions or requirements occur between this chapter, the technical codes and other codes or laws, the most restrictive shall govern.

(2) When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. Where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern.

(3) Where in a specific case different sectionSections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(L) Alternate materials - design and methods of construction.

(1) The provisions of the technical codes are not intended to prevent the use of any material, method of design or method of construction not specifically prescribed by the technical codes, provided an alternate has been approved and its use authorized by the Building Official.

(2) The Building Official may approve an alternate, provided the Building Official finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

(3) The Building Official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use.

(4) The details of an action granting approval of an alternate shall be recorded and entered in the records.

(5) The Building Official may require the applicant to arrange for the proposed alternate materials, methods of design and methods of construction be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense.

(M) Modifications.

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(1) Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official may grant modifications for individual cases.

(2) The Building Official shall first find that:

(a) A special individual reason makes the strict letter of the technical code impractical;

(b) The modification is in conformity with the intent and purpose of the technical code, and

(c) Such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity.

(3) The details of actions granting modifications shall be recorded and entered in the records.

(4) The Building Official may require the applicant to arrange for the proposed modification to be reviewed by an outside agency designated by the Building Official at the applicant's expense.

(N) Tests and research reports.

(1) Whenever there is insufficient evidence for determining compliance with the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the Building Official may require tests as evidence of compliance to be made at the applicant's expense.

(2) Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall determine test procedures.

(3) Tests shall be made by an approved agency.

(4) Reports of such tests shall be entered in the records.

(5) The Building Official may require the applicant to arrange for the test procedures, methodology, results, reports, etc. to be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense.

§ 150.010 APPLICABILITY.

The provisions of this code shall not be construed to conflict with the provisions of the state housing law, nor any other provisions of state or Federal laws. Any requirements of this code or the codes adopted hereby, which are more restrictive shall apply.

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§ 150.011 BOARD OF APPEALS.

(A) Board established. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training and who are not employees of the jurisdiction, to pass upon matters pertaining to the application or installation of building, electrical, plumbing and mechanical systems, components and equipment. The Building Official or his designee shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Appeals shall have no authority relative to interpretations of the administrative provisions of this code. The Board shall have no authority to waive requirements of this code.

(B) Appeal.

(1) An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the Building Official may file an appeal with the Board of Appeals.

(2) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or and equally good or better form of construction is proposed.

§ 150.012 PARTIAL INVALIDITY.

If any sectionSection, subsectionSection, sentence, clause or phrase of this code or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this code or the application of such provision to other persons or circumstances. (Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17)

Part 2. DEFINITIONS

§ 150.020 DEFINITIONS.

The definitions set forth in this section Section shall govern the application and interpretation of this chapter.

ALTER or ALTERATION. ALTER or ALTERATION means a change or modification in construction or building service equipment.

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ADMINISTRATIVE AUTHORITY. The Building Official or a regularly authorized deputy.

APPROVED. Approved, as to materials, types of construction, equipment and systems, refers to approval by the Building Official as the result of investigation and tests conducted by the Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

APPROVED AGENCY. An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official.

BUILDING CODE. The Baldwin Park Building Code.

BUILDING SERVICE EQUIPMENT. Refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use.

CBC. The California Building Code as adopted by the State of California.

CODE or THIS CODE. Chapter 150 of the Baldwin Park Municipal Code, unless otherwise noted.

CONDOMINIUMS. Any building or portion thereof that contains three or more dwelling units that does not meet the definition of townhouse as set forth below; for purposes of this code, condominiums shall be classified as R-2 occupancy.

ELECTRICAL CODE. The Baldwin Park Electrical Code.

EXISTING BUILDING. A building legally erected prior to effective date of this chapter.

FIRE CODE. The Los Angeles County Fire Code (LACFC) which adopts the California Fire Code, including the Appendix thereto, together with those omissions, amendments, exceptions and additions there to as amended in the California Code of regulations, and Title 24 of the California Code of Regulations.International Fire Code (IFC), 2012 edition, promulgated by the International Code Council, including the Appendix thereto, together with those omissions, amendments, exceptions and additions there to as amended in the California Code of Regulations, and Title 24 of the California Code of Regulations.

JURISDICTION. The City of Baldwin Park.

LISTED and LISTING. LISTED and LISTING are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards.

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MECHANICAL CODE. Baldwin Park Mechanical Code.

OCCUPANCY. The purpose for which a building, or part thereof, is used or intended to be used.

PERMIT. An official document or certificate issued by the Building Official authorizing performance of a specified building, plumbing, mechanical, or electrical activity or any combination of such permits issued jointly by the Building Official.

PLUMBING CODE. The Baldwin Park Plumbing Code.

REPAIR. The reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance.

SHALL. As used in this code is mandatory.

STRUCTURE. That which is build or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

TECHNICAL CODES. Refer to those codes adopted by this chapter containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment.

TOWNHOUSE. A single family dwelling in a row of at least three such units, not more that three stories above grade, in which each unit shall be located on a separate parcel, having its own access to the outside, no unit located over another unit, and each unit shall be separated by a property line from any other unit. For the purpose of this chapter, all town houses shall be classified as R-3 occupancy.

Part 3. ORGANIZATION AND ENFORCEMENT

§ 150.030 ABATEMENT ORDERS.

When any structure or site is being used or constructed in violation of this code, or any of the codes adopted by reference herein, the Building Official may order such use or construction discontinued and the structure or portions thereof vacated by a written notice served on any person or persons causing such use. Such person or persons shall discontinue such use within the specified time as indicated on the notice. After receipt of such notice, such person or persons shall abate the violations or cause the building or structure to be demolished or removed.

§ 150.031 ABATEMENT PROCEDURES.

(A) The Building Official shall inspect or cause to be inspected a building, structure where reasonable suspicion exists that said building or structure may be substandard, unsafe or used in violation of this code, state health and safety code, state housing regulations, or any of the Exhibit A to Ordinance No. 14411471*****

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codes adopted by reference herein. If after inspecting the building or structure, the Building Official determines that said building or structure is unsafe, substandard or being used in violation of this code, state health and safety code, state housing law, or any of the codes adopted by reference herein, the Building Official shall give a written notice and order to the owner, tenant or user of the building or property pursuant to the provisions of the state health and safety code, state housing law and this code. If the Building Official finds that certain electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to life and property, the Building Official may order such systems disconnected, removed or abated immediately.

(B) If a notice and order must be served upon the owner, tenant or user of the building or structure, the Building Official shall assess the owner, tenant or user of the building or structure all applicable fees required to cover expenses incurred by the city in the processing of the notice and order to abate. Such processing fees shall be calculated at the rate indicated in the schedule of service charges adopted by the City Council.

(C) Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds 75% of the valuation of the building prior to the disaster, or when determined by the Building Official that a structure is unsafe for occupancy due to damage the building shall be considered a total loss and be demolished pursuant to this sectionSection, and if necessary the safety of the damaged structure will be determined by an engineering study paid by the owner of the property.

§ 150.032 COST OF ABATEMENT OR COMPLIANCE.

(A) Any person, whether as principal, agent, employee or otherwise, who maintains any premises in violation of the provisions of this code, any of the codes adopted by reference herein, or the state housing law shall be liable for, and obligated to pay to the city all costs incurred by the city in obtaining abatement or compliance which is attributable to, or associated with, the enforcement or abatement action, whether such action is administrative, injunctive or legal and for all damages suffered by the city its officers, agents, and employees as a result of such violation or efforts to abate the violation.

(B) If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the city, the City Council by resolution may order the cost of the abatement to be specially assessed to the property or parcel. Such assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure be applied at the time of sale or in case of delinquency as are provided for ordinary county taxes.

§ 150.033 NOTICE OF NON-COMPLIANCE.

Whenever the Building Official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this code, the state housing law or any code adopted herein, the Building Official may cause a notice of non- compliance to be recorded with the County Recorder and shall notify the owner of such property Exhibit A to Ordinance No. 14411471*****

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of such action. The notice of non-compliance shall describe the property, shall set forth the non- complying conditions and shall state that the owner of such property has been duly notified. The Building Official shall record a notice of release of the notice of non-compliance with the County Recorder when it has been determined by the Building Official that the non-complying conditions have been corrected.

§ 150.034 PUBLIC NUISANCE.

Buildings or structures or portions thereof which are regulated by this code, and which are determined by the Building Official to be unsafe or not provided with adequate egress or which constitute a fire hazard, or which are determined substandard under the provisions of the California Health and Safety Code, the state housing law, any other applicable law or ordinance, or which are otherwise dangerous to human life, or which constitute a hazard to health safety or public welfare by reason of inadequate maintenance, dilapidation, damage obsolescence or abandonment as specified in this code or any other law or ordinance, shall be declared unsafe buildings and shall be declared a public nuisance and shall be ordered abated by repair, rehabilitation, removal or demolition pursuant to the provision of this code.

§ 150.035 ACTIONS, VIOLATIONS AND PENALTIES.

It shall be unlawful for any person, firm, corporation or association to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish equipment, use, occupy, or maintain any building, structure or building service equipment regulated by this code, or cause the same to be done in violation of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. The penalty shall be as set forth in § 10.99 of the Baldwin Park Municipal Code. Each such person, firm, corporation or association shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or allowed and upon conviction of such violation such person, firm, corporation or association shall be punishable by a fine or imprisonment or both as provided by law and the Baldwin Park Municipal Code. The issuance of a permit or the approval of plans and specifications shall not be construed to authorize any violation of the provisions of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. The issuance or granting of a permit or approval of plan and specification shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from suspending construction operations when such plans, specification or construction are in violation of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law.

Part 4. EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT

§ 150.040 APPLICATION OF TECHNICAL PROVISIONS TO EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT.

The provisions of this part govern the application of the technical codes to existing buildings and building service equipment.

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§ 150.041 GENERAL.

The buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this chapter.

§ 150.042 ADDITIONS, ALTERATIONS OR REPAIRS.

Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment.

§ 150.043 ADDITIONS, ALTERATIONS OR REPAIRS: UNSAFE CONDITIONS.

(A) Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe.

(B) An unsafe condition shall be deemed to have been created if an addition or alteration may cause the existing building or building service equipment to become structurally unsafe or overloaded; may not provide adequate egress in compliance with the provisions of the building code or may obstruct existing exits; may create a fire hazard; may reduce required fire resistance; may cause building service equipment to become overloaded or exceed their rated capacities; may create a health hazard or may otherwise create conditions dangerous to human life.

§ 150.044 ADDITIONS, ALTERATIONS OR REPAIRS: HEIGHT, NUMBER OF STORIES AND AREA.

(A) A building altered pursuant to a repair or alteration permit, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the building code for new buildings.

(B) A building plus new additions shall not exceed the height, number of stories and area specified by the building code for new buildings.

§ 150.045 ADDITIONS, ALTERATIONS OR REPAIRS: COMPLIANCE WITH CODE REQUIREMENTS.

(A) Additions or alterations shall not be made to an existing building or structure when the existing building or structure is not in full compliance with the provisions of the building code, except when the addition or alteration will result in the existing building or structure being no more hazardous, based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken.

Exhibit A to Ordinance No. 14411471*****

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(B) Exception. Alterations of existing structural elements, or additions of new structural elements which are initiated only for the purpose of increasing the lateral-force-resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that:
(1) The capacity of existing structural elements required to resist forces is not reduced;

(2) The lateral loading to required existing structural elements is not increased beyond their capacity;

(3) New structural elements are detailed and connected to the existing structural elements as required by these regulations;

(4) New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations; and

(5) An unsafe condition is not created.

§ 150.046 ADDITIONS, ALTERATIONS OR REPAIRS: USE OF SAME MATERIALS.

Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the Building Official. Installation or replacement of glass shall be as required for new installations.

§ 150.047 EXISTING BUILDING SERVICE EQUIPMENT INSTALLATIONS.

Building service equipment lawfully in existence prior to the effective date of this chapter, may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment.

Bookmark§ 150.048 EXISTING OCCUPANCY.

(A) Buildings in existence prior to the effective date of this chapter may have their existing use or occupancy continued if the use or occupancy was legal prior to the effective date of this chapter, and provided continued use is not dangerous to life, health and safety.

(B) A change in the use or occupancy of any existing building or structure shall comply with the provisions of this code.

§ 150.049 MAINTENANCE.

(A) Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition.

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Exhibit A to Ordinance No. 14411471*****

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(B) Devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed.

(C) The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment.

(D) The Building Official may cause a structure to be reinspected to determine compliance with this division.

§ 150.050 MOVED BUILDINGS.

Buildings, structures and their building service equipment moved into or within the city shall comply with the provisions of the technical codes for new buildings or structures and their building service equipment.

§ 150.051 TEMPORARY STRUCTURES.

(A) Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by a permit issued pursuant to CBC § 3103.

(B) Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

§ 150.052 HISTORIC BUILDINGS.

Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its building service equipment may be made provided:

(A) The building or structure has been designated by official action of the legally constituted authority of the city as having special historical or architectural significance.

(B) Unsafe conditions as described in this chapter are corrected.

(C) The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building.

(D) The structure meets the requirement of 2016 California Historical Building Code, Part 8 of Title 24.

Part 5. PERMITS

§ 150.060 PERMITS REQUIRED.

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Exhibit A to Ordinance No. 14411471*****

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Except as specified in this part, no building, structure or building service equipment regulated by this chapter and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Building Official.
(
§ 150.061 WORK EXEMPT FROM PERMIT.

(A) A permit shall not be required for the types of work in each of the separate classes of permit as set forth in this part.

(B) Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or city ordinances.

§ 150.062 BUILDING PERMIT EXEMPTIONS.

(A) A building permit shall not be required for the following:

(1) One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2), the building is 14 feet or less in height, and does not contain electrical, mechanical or plumbing work.

(2) Fences not over seven (2,134 mm) high.

(3) Oil derricks.

(4) Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) high.

(5) Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

(6) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to one.

(7) Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below, and are not part of an accessible route.

(8) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(9) Temporary motion picture, television and theater stage sets and scenery.

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(10) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

(11) Swings and other playground equipment accessory to detached one-and two- family dwellings.

(12) Window awnings supported by an exterior wall of detached one- and two-family dwellings, and Group U Occupancies when projecting not more than 54 inches (1,372 mm) and do not require additional support.

(13) Prefabricated swimming pools accessory to a detached one- and two-family dwellings. Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18,925 liters), and less than 24 inches (610 mm) deep.

(14) Replacement, repair or overlay of less than 10% of an existing roof within any 12 month period.

(15) Nonfixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.

(B) Unless otherwise exempted by this chapter, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

§ 150.063 PLUMBING PERMIT EXEMPTIONS.

A plumbing permit shall not be required for the following:

(A) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this chapter.

(B) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, including the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

§ 150.064 MECHANICAL PERMIT EXEMPTIONS.

A mechanical permit shall not be required for the following:

(A) A portable heating appliance;

(B) Portable ventilating equipment;

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(D) A portable evaporative cooler;

(E) A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the mechanical code;

(F) Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes;

(G) Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes; and

(H) A unit refrigerating system as defined in the mechanical code.

§ 150.065 ELECTRICAL PERMIT EXEMPTIONS.

An electrical permit shall not be required for the following:

(A) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the electrical code.

(B) Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.

(D) Repair or replacement of current-carrying parts of any switch, conductor or control device.

(E) Reinstallation of attachment plug receptacles, but not the outlets therefore.

(F) Replacement of any over current device of the required capacity in the same location, except service equipment.

(G) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

(H) Taping joints.

(I) Removal of electrical wiring.

(J) Temporary wiring for experimental purposes in suitable experimental laboratories.

(K) The wiring for temporary theater, motion picture or television stage sets.

(L) Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy, except in hazardous (classified) locations.

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(M) Low-energy power, control and signal circuits of Class II and Class III as defined in the electrical code.

(N) A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. (
Part 6. APPLICATION REQUIREMENTS

§ 150.071 APPLICATION FOR PERMIT.

(A) To obtain a permit an applicant shall file a completed application, in writing, on a form furnished by the Building Official for that purpose.

(B) Every such application shall:

(1) Identify and describe the work to be covered by the permit for which application is made.

(2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(3) Indicate the use or occupancy for which the proposed work is intended.

(4) Be accompanied by plans, diagrams, computations and specifications and other data as required in CBC § 107.

(5) State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

(6) Be signed by the applicant, or the applicant's authorized agent.

(7) Give such other data and information as may be required by the Building Official.

(C) The work to be covered by the permit for which application is made, shall comply with the code, standards, and laws in effect at the time such application is filed with the Building Official.

§ 150.072 SUBMITTAL DOCUMENTS.

(A) Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit.

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(B) When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer.

(C) The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law.

(D) Exception. The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter.

§ 150.073 INFORMATION ON PLANS AND SPECIFICATIONS.

(A) Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations.

(B) Plans for buildings of other than detached one- and two-family dwellings and Group U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems.

§ 150.074 ARCHITECT OR ENGINEER OF RECORD.

(A) When it is required that documents be prepared by an architect or engineer, the Building Official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record.

(B) If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record.

(C) The Building Official shall be notified, in writing, by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

(D) The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.

§ 150.075 DEFERRED SUBMITTALS.

(A) For the purposes of this chapter, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the Building Official within a specified period.

Exhibit A to Ordinance No. 14411471*****

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(B) Deferral of any submittal items shall have prior approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents. Additional plan review fee shall be paid by the applicant for deferred submittals for review by the Building Official prior to their installation.

(C) Submittal documents for deferred submittal items shall be submitted to the registered design architect or engineer of record who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building.

(D) The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official.

§ 150.076 INSPECTION AND OBSERVATION PROGRAM.

(A) When special inspection is required by CBC Chapter 17, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Official for approval prior to issuance of the permit.

(B) The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors.

(C) The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work.

(D) When structural observation is required by CBC Chapter 17, the observation program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.

(E) The inspection program shall include samples of inspection reports and provide time limits for submission of reports.

§ 150.077 EXPIRATION OF APPLICATION FOR PERMIT.

(A) Except as provided below, a permit application shall expire if no permit is issued within one year after the date the permit application is filed. A permit application filed prior to the effective date of this chapter, shall expire if no permit is issued within one year after the date the permit application is filed. The Building Official may issue a permit for work shown on an expired application for a permit without requiring the re-submittal of plans and payment of a plan review fee provided:

(1) No changes have been made or will be made to the original plans and specifications except as required by the original plan review;

Exhibit A to Ordinance No. 14411471*****

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(2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed;

(3) The time allowed to obtain the permit does not exceed one year and one month from the date the original application was filed; and

(4) Circumstances beyond the control of the applicant have prevented action from being taken.

(B) Except as provided in this sectionSection, no action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. To obtain a permit, applicants shall submit a new application, documents and pay a new plan review fee. All applicable codes, standards, and laws in affect at the time of the new application shall then apply to the project.

Part 7. PERMIT ISSUANCE

§ 150.080 PERMIT ISSUANCE.

(A) The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official as deemed appropriate. Such plans may be reviewed by other city departments to verify compliance with other applicable laws.

(B) If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and the technical codes and other pertinent laws and ordinances, and that the required fees have been paid, the Building Official shall issue a permit therefore to the applicant.

(D) Approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work regulated by this chapter shall be done in accordance with the approved plans.

§ 150.081 PERMITS FOR PARTIAL CONSTRUCTION.

(A) The Building Official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes.

(B) The holder of a permit for partial construction shall proceed without assurance that the permit for the entire building, structure or building service will be granted.

Exhibit A to Ordinance No. 14411471*****

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§ 150.082 RETENTION OF PLANS.

(A) One set of approved plans, specifications and computations shall be retained by the Building Official for a period of not less than 180 days from the date of completion of the work covered therein or as required by the state or local laws.

(B) One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

§ 150.083 VALIDITY OF PERMIT.

(A) The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of any violation of, any of the provisions of this chapter or the technical codes, or of any other law or ordinance.

(B) Permits presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid.

(C) The issuance of a permit based on plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building operations being carried on thereunder when there is a violation of this chapter or of any other city ordinances.

§ 150.084 PERMIT EXPIRATION.

(A) Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void when any of the following circumstances is applicable:

Section 150.084(A)(1) is hereby amended to read:

(1) Failure to start construction. If the building or work authorized by such permit is not commenced within 180 days12 months from the date of such permit is issued;

(2) Cessation of work. If the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or more;

(3) Time to complete. In addition to divisions (1) and (2) above, every permit issued under the provisions of this chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods based on valuation:

Valuation Time Allowed
Exhibit A to Ordinance No. 14411471*****

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Under $300,000 12 months
$300,001 to $1,000,000 24 months
$1,000,001 to § $20,000,000 36 months
Over $20,000,000 48 months

(B) Before work terminated pursuant to division (A) above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees.

(C) The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one year.

(D) If the suspension or abandonment of the project has exceeded one year, a new permit shall be obtained and the permit fees be paid in full.

§ 150.085 PERMIT TIME EXTENSIONS.

(A) Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, or if the project is not completed within the stated periods in § 150.084.

(B) All permits shall expire by limitation of time and become null and void unless a written request for an extension of time has been submitted to the Building Official prior to permit expiration. The written request must demonstrate that:

(1) Due to circumstances beyond the owner’s or permittee’s control, construction could not be commenced, continued or completed in the authorized time period;

(2) If construction has started, substantial progress has been made;

(3) The condition of the property presents no health or safety hazard; and

(4) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners.

(C) The time periods set forth to start construction within 180 days or resume construction after cessation of work for 180 days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times. Each extension of time shall not exceed 180 days.

(D) The decision of the Building Official may be appealed to the Director of Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing Exhibit A to Ordinance No. 14411471*****

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within seven days of the decision of the Building Official. The decision of the Director of Community Development shall be final.

(E) Before work terminated pursuant to division (B) above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees.

(F) The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one year.

(G) If the suspension or abandonment of the project has exceeded one year, a new permit shall be obtained and the permit fees be paid in full.

§ 150.086 PERMIT RENEWALS.

An expired building permit may be renewed provided it has not been expired for more than one year, no changes have been made to the plans or specifications previously approved by the expired permit and appropriate permit renewal fees are paid. In instances where work has been initiated prior to the expiration of the permit, permit renewal fees shall be assessed pursuant to the degree of progress made on the work authorized by the permit. Permit renewal fees shall be assessed by the Building Official pursuant to latest adopted fees.

§ 150.087 PERMIT SUSPENSION OR REVOCATION.

The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code when the permit is issued in error or on the basis of incorrect inaccurate, incomplete, or fraudulent information provided by the applicant, or when such permit is in violation of an ordinance, regulation, state law or the provisions of this code. All suspension or revocation of permits must be in writing showing the cause and the time period for such action.

§ 150.088 PERMIT DENIAL.

Except where special building designs or other mitigation measures have been approved by the Building Official and co-operating officials of other city and county agencies, a building permit may be denied where physical features of a building site are such that denial of the building permit is deemed necessary to safeguard life, limb, health, property or public welfare. Physical features which justify denial of a permit shall include but shall not be limited to the following:

(A) Precipitous cliffs or other adjacent vertical landmasses of unknown stability.

(B) Unstable soils or geologic conditions.

(D) Terrain, which is deemed contaminated by products of hydrocarbon or other hazardous material.

Exhibit A to Ordinance No. 14411471*****

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Part 8. FEES

§ 150.100 FEES ESTABLISHED BY CITY COUNCIL RESOLUTION.

All fees required pursuant to this chapter shall be paid in the amount established set forth in the schedule of service charges established by resolution of the City Council.

§ 150.101 PLAN REVIEW FEES.

(A) When a plan or other data is required to be submitted with an application for permit, pursuant to this chapter, a plan review fee shall be paid at the time of submitting plans and specifications for reviewing. The plan review fee is separate and in addition to the building permit fee.

(B) The plan review fee shall be as set forth in the schedule of service charges established by resolution of the City Council, plus a surcharge as set forth in the schedule of service charges if additional plan review is required for the accessibility for the disabled and/or energy conservation standards as set forth in Title 24 of the California Code of Regulations.

(C) When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in this chapter an additional plan review fee shall be charged at the rate established in the schedule of service charges.

(D) Whenever a permit is requested for the construction of a single-family or duplex structure as part of a subdivision previously plan-checked and approved, a fee as set forth in the schedule of service charges established by the City Council for each such structure shall be paid at the time of application for each such building permit.

(E) The amount of initial plan review fee for submittal of a model plan as defined herein shall be the full plan review fee as specified above. The plan review fee for subsequent submittal of a plan which qualifies as a model plan shall be one-half (1/2) the plan review fee. A “model plan” is hereby defined as a prototype plan for a building or structure which is to be utilized on more than one site, and which incorporates the same structural features, dimensions, and calculations as the original approved plan.

(F) Upon request to review plans on file, a fee as set forth in the schedule of service charges shall be paid, if the plans for such building or structure must be obtained from the city storage vault.

§ 150.102 INVESTIGATION FEES FOR WORK WITHOUT A PERMIT.

(A) Whenever any work for which a permit is required by this chapter has been commenced without first obtaining the proper permits, a special investigation shall be made before any permit may be issued for such work.

Exhibit A to Ordinance No. 14411471*****

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(B) The investigation fee in an amount set forth in the schedule of service charges, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be less than 50% of the permit fee as determined by the Building Official.

(C) The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law.

§ 150.103 FEE REFUNDS.

(A) The Building Official may authorize partial refunding of any fee paid hereunder which was erroneously paid or collected.

(B) The Building Official may authorize the refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. A processing fee of $100 shall be deducted from the refund amount. Permit fee under $100 is non-refundable.

(C) The Building Official may authorize the refunding of not more than 80% of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started, and the refund amount is not less than or equal to one hour of plan review service fee.

A processing fee of $100 shall be deducted from the refund amount. Plan review fee under $200 is non-refundable.

(D) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

§ 150.104 FEE EXCEPTIONS.

(A) Fees shall not be required for buildings erected for and owned by the United States of America, the State of California, or any of its political subdivisions, or by any school district or hospitals, where the Building Official has no jurisdiction for issuance of permits.

(B) However, if an applicant requests a plan review or permit for any of the aforementioned projects, full fees shall be charged.

Part 9. INSPECTIONS

§ 150.110 GENERAL PROVISIONS.

(A) Construction or work for which a permit is required shall be subject to inspection by the Building Official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall have special inspection and structural observation as specified in Chapter 17 of the CBC.

Exhibit A to Ordinance No. 14411471*****

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(B) Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or of other city ordinances. Inspections presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid.

(C) It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

(D) A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans.

(E) All inspections specified herein shall be at the discretion of the Building Official and nothing in the CBC or in this chapter shall be construed as requiring the city to conduct such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the CBC nor this section Section shall be construed to hold the city or any officer, employee or representative of the city, responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or re-inspection.

§ 150.111 INSPECTION RECORD CARD.

(A) Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work.

(B) The inspection record card shall be maintained and made readily available by the permit holder until final approval has been granted by the Building Official.

§ 150.112 INSPECTION REQUESTS.

(A) It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection.

(B) The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official.

(C) It shall be the duty of the person requesting any inspections required either by this chapter or the technical codes to provide access to and means for inspection of the work.

§ 150.113 APPROVAL REQUIRED.

(A) Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official.

Exhibit A to Ordinance No. 14411471*****

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(B) Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the Building Official.

(C) The Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this chapter.

(D) Any portions of work which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.

(E) There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.

§ 150.114 PRELIMINARY INSPECTION.

Before issuing a permit, the building official is authorized to examine or cause to be examined, buildings, structures and sites for which an application has been filed.

§ 150.115 REQUIRED BUILDING INSPECTIONS.

The Building Official, upon notification, shall make the following inspections:

(A) Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards ASTM C94, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the Building Official. Building pad grade certification and compaction report is required prior to Foundation Inspection on the form provided by the jurisdiction as approved by the Building Official.

(B) Concrete slab or under-floor inspection. To be made after in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the sub-floor.

(C) Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved.

(D) Framing inspection. To be made after the roof, framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved.

(E) Lath and/or wall board inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished.

Exhibit A to Ordinance No. 14411471*****

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(F) Fire-resistant penetrations. (CBC Chapter 1, § 110.3.6) Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

(G) Energy efficiency inspections. (CBC Chapter 1, § 110.3.7) Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for:
envelope insulation R and U values, fenestration U value, duct system R value, and HAVC HVAC and water-heating equipment efficiency.

(H) Final inspection. To be made after finish grading and the building is completed and ready for occupancy or use.

§ 150.116 REQUIRED BUILDING SERVICE EQUIPMENT INSPECTIONS.

(A) General. Building service equipment for which a permit is required by this chapter shall be inspected by the Building Official. Building service equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the Building Official.

(B) Operation of building service equipment. The requirements of this section Section shall not be considered to prohibit the operation of building service equipment installed to replace existing building service equipment serving an occupied portion of the building in the event a request for inspection of such building service equipment has been filed with the Building Official not more than 48 hours after the replacement work is completed, and before any portion of such building service equipment is concealed by permanent portions of the building.

§ 150.117 OTHER INSPECTIONS.

In addition to the called inspections specified above, the Building Official may make or require other inspections of construction work to ascertain compliance with the provisions of this chapter or technical codes and other applicable laws and ordinances of this city.

§ 150.118 RE-INSPECTIONS.

(A) A re-inspection fee may be assessed for each inspection or when such portion of work for which inspection is called is not complete or when corrections called for are not made.

(B) This section Section is not to be interpreted as requiring fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

(C) Fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for Exhibit A to Ordinance No. 14411471*****

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failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.

(D) To obtain a re-inspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the fee in accordance with the schedule of fees.

(E) In instances where fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.

§ 150.119 SPECIAL INSPECTIONS.

Special inspection shall be provided in accordance with § 1704 of the CBC. Additional special inspections may be required when deemed necessary by the Building Official.

§ 150.120 CONTRACTOR’S RESPONSIBILITY.

Pursuant to the requirements of CBC § 1704, each contractor responsible for the construction of a main wind-or seismic-force-resisting system, designated seismic system or a wind - or seismic resisting component listed in the statement of special inspections shall submit a written statement of responsibility to the Building Official and the owner prior to the commencement of work on the system or component. The contractor's statement of responsibility shall contain acknowledgement of awareness of the special requirements contained in the statement of special inspection.

§ 150.121 STRUCTURAL OBSERVATION.

Structural observation shall be provided in accordance with California Building Code§ 1704 of the CBC. Additional structural observation may be required when deemed necessary by the Building Official. Structural observation does not include or waive any inspection required by this code.
(
§ 150.122 CONNECTION TO UTILITIES.

(A) Energy connections. Persons shall not make connections from a source of energy, fuel or power to building service equipment which is regulated by the technical codes and for which a permit is required by this chapter, until approved by the Building Official.

(B) Temporary connections. The Building Official may authorize the temporary connection of the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy. This temporary connection will be allowed for a specific purpose and for a specific period of time.

The temporary connection must be removed or detached when the permitted time period is over.

Part 10. CERTIFICATE OF OCCUPANCY

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Exhibit A to Ordinance No. 14411471*****

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§ 150.130 USE OR OCCUPANCY.

(A) Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the Building Official has issued a certificate of occupancy therefore as provided herein.

(B) Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter or of other city ordinances.

(C) Certificates presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid.

§ 150.131 CHANGE IN USE.

Changes in the character or use of a building shall not be made except as specified in the Building Code.

§ 150.132 ISSUANCE OF CERTIFICATE OF OCCUPANCY.

After the Building Official inspects the building or structure and finds no violations of the provisions of this chapter or other laws, the Building Official shall issue a certificate of occupancy which shall contain the following:

(A) The building permit number.

(B) The address of the building.

(D) A description of that portion of the building for which the certificate is issued.

(E) A statement that the described portion of the building has been inspected for compliance with the requirements of this chapter for the group and division of occupancy and the use for which the proposed occupancy is classified.

(F) The name of the Building Official.

(G) The edition of the code under which the permit was issued.

(H) The use and occupancy, in accordance with the provisions of Chapter 3 of the CBC.

(I) The type of construction as defined in Chapter 6 of the CBC.

(J) The design occupant load.

(K) If an automatic sprinkler system is provided, whether the sprinkler system is required.

Exhibit A to Ordinance No. 14411471*****

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(L) Any special stipulations and conditions of the building permit.

§ 150.133 TEMPORARY CERTIFICATE OF OCCUPANCY.

(A) If the Building Official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure.

(B) Applicant shall pay required fees prior to issuance of temporary certificate of occupancy.

(C) The Building Official will develop policies and procedures to administer issuance of a temporary certificate of occupancy.

§ 150.134 POSTING.

The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official.

§ 150.135 REVOCATION.

The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this chapter.

Part 11. ADOPTION AND AMENDMENT OF THE CALIFORNIA BUILDING CODE, THE

CALIFORNIA RESIDENTIAL CODE, AND THE CALIFORNIA GREEN BUILDING

STANDARDS CODE

§ 150.140 ADOPTION.

(A) The 2019 California Building Code2022 California Building Code, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as the primary building code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Building Code.The International Building Code, 2012 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as the primary building code of the City of Baldwin Park and made part of this code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Building Code.

Exhibit A to Ordinance No. 14411471*****

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(B) The 2019 California 2022 California Residential Code, including the appendices I and K thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations are adopted and enacted, as the Residential Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Residential Building Code.The International Residential Code, 2012 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations are adopted and enacted, as the Residential Building Code of the City of Baldwin Park and made part of this code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Residential Building Code.

(C) The 2019 California 2022 California Green Building Standards Code, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 11 of Title 24 of the California Code of Regulations are adopted and enacted, as the Green Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Green Building CodeThe California Green Building Standards Code, 2016 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 11 of Title 24 of the California Code of Regulations are adopted and enacted, as the Green Building Code of the City of Baldwin Park and made part of this code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Green Building Code.

(D) The following portions of the California Green Building Standard Codes are amended as follows:

Section 304.1 Purpose. Voluntary tires are intended to further encourage building practices that improve public health, safety and general welfare by promoting the use of building concepts which minimizes the building's impact on the environmental and promote a more sustainable design.

Section 304.1.1 Tiers. The provisions of Division A4.6 Tier 1 for Residential are adopted and enacted, as the mandatory tiers. The verification of requirement of these provisions shall be made by the jurisdiction.

Additional requirement for residential:

Every new single family home shall install a prewired 40 AMP circuit dedicated for future Electric car charging device.

Every multifamily dwelling apartment building shall install a sufficient number of Level III charging stations for eclectic cars. The number of charging devices shall be 5 percent of total required parking spaces, but not less than one The charging stations shall be designated for charging only.

Exhibit A to Ordinance No. 14411471*****

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Section 304.4.1.2 Tiers. The provisions of Divisions A5.6 Tier 1 for non-residential are adopted and enacted, as the mandatory tiers. The verification of requirements of these provisions shall be made by the jurisdiction.

Additional requirement for non-residential

Every new non-residential project shall install a sufficient number level III electric car charging stations as determine during planning stage. The number of charging stations shall be equal to 5 percent of required parking spaces, but not less than one. Charging stations shall be designated for charging only. This requirement is in addition to parking requirement for low emission vehicles.

(ED) One copy of the adopted codes has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.

§ 150.141 LOCAL AMENDMENTS.

The following provisions shall constitute local amendments to the cross-referenced provisions of the California Building Code (CBC), California Residential Code (CRC), and California Green Building Standards Code (CGBSC) and shall be deemed to replace the cross-referenced section section of the respective code with the respective provisions set forth in this Chapter.

CBC Section 808, Acoustical Ceiling Systems, is hereby amended to add Section 808.1.1.3 to read as follows:

Section 808.1.1.3 Where ceiling is not supporting interior partitions, ceiling bracing shall be provided by four No. 12 gauge wires secured to the main runner within 2” of the cross runner intersection and splayed 90° from each other at an angle not exceeding 45° from the plane of the ceiling. A strut (adequate to resist the vertical component from lateral loads) fastened to the main runner shall be extended to and fastened to the structural members of the roof or floor above. These horizontal restraint points shall be placed at no more than 12’-0” on center in both directions with the first point within 6’-0” of an adjacent wall. Attachment of restraint wires to the structure above shall be adequate for the load imposed. Alternate design in accordance to ASCE-7 by a state licensed Engineer or Architect may be accepted.

(A) CBCCBC Section Section 1505.2, Fire ClassificationRoofing within all other areas, is hereby deleted and amended as follows: § 1505.1, 1505.1.3 and Table 1505.1 are deleted and are amended to read as follows::

SectionSections 1505.2 1 through 1505.3 are amended to read as follows: Roofing within all other areas. The entire roof covering of every existing structure where more than 25% of the total roof area is replaced within any one year period; the entire roof covering of every new structure and any roof covering applied in any alteration, repair or replacement of the roof of every existing structure shall be a fire retardant roof covering that is at least Class B fire rating.

No wood shakes or wood shingles, treated or untreated shall be permitted.

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EXCEPTION: Repairs and additions to existing wood roofs, under twenty-five (25%) percent of the total existing roof area, shall be allowed to match the existing wood roof if the new materials are fire retardant and meet the specifications of a Class B roof. Only one such repair shall be allowed within a 12-month period.

(B) CBC Section Section 15101512.1, Re-roofing, is hereby amended as to read as followadd Sections 1512.1.1:

Section Section 15101512.1.1. Re-roofing

Ggeneral. All re-roofing shall conform to the applicable provisions of Chapter 15 of the CBC and as otherwise required in this sectionSection. Repairs to existing roofs shall be limited to 25% of the total roof area within any one-year period. Repairs exceeding 25% of the total roof area shall be considered complete re-roofs and subject to the provisions of this code.

All re-roofing work which requires complete removal of existing roof coverings shall be considered as new work, and shall be reviewed and inspected under Chapter 15 of this code.

Sheathing placed on top of existing spaced sheathing to create a flat surface shall be installed per the roofing manufacturer's specifications and applicable ICC reports.

Sheathing placed directly over roof rafters shall meet span and index ratings in accordance with Table 2304.7.(3) of the CBC. Sheathing shall be a minimum of one half inch in thickness and its edges shall bear on a roof rafter or similar support. Sheathing shall be fastened with minimum 8d common nails spaced six inches on center on the edge and 12 inches on center in the field.

Lightweight roofs not exceeding six pounds per square foot, which are replaced with heavier roofs, shall comply with the provision of Chapter 16 of the CBC and subject to plan check.

Sheathing over existing space sheathing shall be a minimum of 3/8 inches in thickness.

CBC Section 1512.2, Roof Replacement, is hereby amended to add Section 1512.2.2:

1510.3.31512.2.2. Reroofing overlays allowed

Not more than one overlay of composition shingles shall be allowed. Not more than one overlay of built-up or rolled roofing shall be allowed.

Section 808.1.1.3 Where ceiling is not supporting interior partitions, ceiling bracing shall be provided by four No. 12 gauge wires secured to the main runner within 2” of the cross runner intersection section and splayed 90° from each other at an angle not exceeding 45° from the plane of the ceiling. A strut (adequate to resist the vertical component from lateral loads) fastened to the main runner shall be extended to and fastened to the structural members of the roof or floor above. These horizontal restraint points shall be placed at no more than 12’-0” on Formatted: Font: Bold
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center in both directions with the first point within 6’-0” of an adjacent wall. Attachment of restraint wires to the structure above shall be adequate for the load imposed. Alternate design in accordance to ASCE-7 by a state licensed Engineer or Architect may be accepted.

(D) CBC Section Section 1809.4, Depth and Width of Footings, is hereby amended to add Section Section 1809.4.1 to read as follows:Section 1615, Seismic Design Requirements, is hereby added to the Code to read as follows:

Section Section 1809.4.1 Foundations in Expansive Soil. When buildings are located on expansive soil having an expansion index greater than 20 ASTMD 4829, gutters, downspouts, piping, and/or other non-erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area.

Foundations in expansive soil shall be designed to comply with the following table:

Number of Floors
Supported by
Foundation
Thickness of
Foundation Wall
(Inches)
Width of
Footing
(Inches)
Thickness
of Footing
(Inches)
Depth of
Footing
(Inches)
Concrete Masonry
1 6 6 12 6 24

EXCEPTION: for residential monolithically places concrete foundation located in non-hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way.

Number 3 bars shall be embedded into footing a depth of 18 inches.

Minimum slab reinforcement for any building shall be #3 bars at 18-in on center each way.

(E) CBC SECTION Section 3109.1 is hereby amended to add SectionSections 3109.1.1 and 3109.1.2 to read as follows:

Section Section 3109.1.1 2 DEFINITION. The following definition is hereby added to this section of the code.

BARRIER HEIGHT. The distance measured from finish grade to the top of the barrier. The face of the barrier used shall be the face that is outside the pool or spa area. Finish grade shall be the lowest adjacent grade within two (2) feet of the outer surface of the barrier along the entire length.

BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on Formatted: Font: Bold
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the top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.

EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements.

WIDELY SPACED HORIZONTAL MEMBERS. Barriers shall not have a design configuration that provides a ladder-like effect. When the barrier has horizontal members spaced less than 45 inches apart, such member shall be placed on the poolside of the barrier. Any decorative design work attached to the outer side of the barrier that forms a ladder like design work effect is prohibited.

(F) Section 3109.4.1 is amended to read as follows:

CBC SECTION Section 3109.1.2 SECTION 3109.4.1 BARRIER HEIGHT AND CLEARANCES.

The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on the top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.

EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements.

(G) Section 3109.4.1.4 is amended to read as follows:

3109.4.1.4 Widely spaced horizontal members. Barriers shall not have a design configuration that provides a ladder-like effect. When the barrier has horizontal members spaced less than 45 inches apart, such member shall be placed on the poolside of the barrier. Any decorative design work attached to the outer side of the barrier that forms a ladder like design work effect is prohibited.

(F) CRC Section Section R105.2 is hereby amended to add Section Section R105.2.1 to read as follows:

Section Section R105.2.1. Accessory Storage Sheds on Residential Properties.

Notwithstanding any other provisions of this sectionSection, storage sheds exempt from permits by this chapter shall be separated from each other and other structures by six (6) feet. The separation distance shall be measured from exterior finish of the buildings. Eaves and overhangs from said shed shall not extend more than twelve (12) inches, measured horizontally from a vertical plane, beyond the exterior finish. The maximum height of storage sheds shall Formatted: Font: Bold, Italic
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not exceed one (1) story and ten (10) feet to any part of the shed measured from existing finished grade.

(G) CRC Section Section R403.1.4., General, is hereby amended to add Section Section R403.1.4.1 to read as follows:

Section Section R403.1.4.4 Foundations in Expansive Soil. When buildings are located on expansive soil having an expansion index greater than 20 ASTM D 4829, gutters, downspouts, piping, and/or other non -erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area.

Foundations in expansive soil shall be designed to comply with the following Table:

Number of Floors
Supported by
Foundation
Thickness of
Foundation Wall
(Inches)
Width of
Footing
(Inches)
Thickness
of Footing
(Inches)
Depth of
Footing
(Inches)
Concrete Masonry
1 6 6 12 6 24

Exception: for residential monolithically places concrete foundation located in non-hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Co ncrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be embedded into footing a depth of 18 inches.

Minimum slab reinforcement for any building shall be #3 bars at 18-in on center each way.

§ 150.142 SAFETY ASSESSMENT PLACARDS.

This following section Section is hereby added to the Code:

SAFETY ASSESSMENT PLACARDS

(A) Intent. This section section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The section Section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

(B) Application of provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Baldwin Park. The City Council may extend the provisions as necessary.

(C) Definitions. SAFETY ASSESSMENT is a visual, non-destructive examination of a building or structure for purpose of determining the condition for continued occupancy.

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(D) Placards.

(1) The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures.

(a) INSPECTED - lawful occupancy permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

(b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

(c) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety.

Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order.

The individual who posts this placard will note in general terms the type of damage encountered.

(2) This municipal code Section number, the name of the city, its address, and phone number shall be permanently affixed to each placard.

(3) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official.

It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this sectionSection.

§ 150.143 APPENDIX J: GRADING.

(A) CBC Appendix J, Grading, Section J102 is amended to add the following definition to read as follows:

BUILDING OFFICIAL. The Building Official for APPENDIX J, GRADING shall be the Director of Public Works (except grading around building foundation and swimming pool).

(B) CBC Appendix J, Grading, Section Section J106 EXCAVATIONS is amended to add Section Section J106.2:APPENDIX J GRADING. SECTION J106 EXCAVATIONS. This section is amended by the addition of the following:

Section J106.2 EXCAVATION AT OR ADJACENT TO SLOPES. A geotechnical report addressing slope stability shall be submitted for plan review when an excavation or construction Exhibit A to Ordinance No. 14411471*****

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of a swimming pool, spa, or similar structure encroaches into the projected plane of a 3:1 or steeper slope.

Part 12. ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL CODE

§ 150.150 ADOPTION.

(A) The 2019 California 2022 California Electrical Code, Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary electrical code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein subject to the following amendments and shall be known as the Baldwin Park Electrical Code.

(B) One copy of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the city.

§ 150.151 SPECIAL EVENTS.

A permit shall be required for the installation of portable wiring for equipment for carnivals, circuses, exhibits, amusement rides, traveling attractions, film shoots and similar functions including wiring in, or on, all structures.

§ 150.152 TEMPORARY WIRING.

For the purpose of this section Section temporary wiring shall be defined as temporary electrical power and lighting installations permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities.

Temporary wiring shall be removed immediately upon completion of construction or purpose for which the wiring was installed. The main service of a building or space shall not be energized to provide temporary lighting during construction.

§ 150.153 CONDITIONAL ELECTRICAL SERVICE CONNECTION.

A conditional electrical service connection may be authorized by the Building Official when in the opinion of the Building Official the need for such connection exists and such connection cannot be achieved following the standard adopted policy or process. Conditional electrical service may be terminated at the completion of a specific purpose for which the electrical connection was granted or at the discretion of the Building Official.

Chapter 150, Part 12 ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL CODE is hereby amended to add Section § 150.154 LOCAL AMENDMENTS.

§ 150.154 LOCAL AMENDMENTS.

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The following provisions shall constitute local amendments to the cross-referenced provisions of the California Electrical Code (CEC) shall be deemed to replace the cross-referenced section of the respective code with the respective provisions set forth in this Chapter.

CEC Article 300.5 Underground Installations, is hereby amended to add Article 300.5.1.

Article 300.5.1 Undergrounding Required. Outside branch circuits and feeders serving an accessory or auxiliary building or structure and equipment shall be placed underground. The minimum cover required for direct-buried cable, conduit, or other raceways will be in accordance with the California Electrical Code.

Part 13. ADOPTION OF THE CALIFORNIA MECHANICAL CODE

§ 150.160 ADOPTION.

(A) The 2019 California 2022 California Mechanical Code, Part 4 of Title 24 of the California Code of Regulations,, is hereby adopted and enacted as the primary Mechanical Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Mechanical Code.

(B) One copy of each of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.

Part 14. ADOPTION OF THE CALIFORNIA PLUMBING CODE

§ 150.170 ADOPTION.

(A) The 2019 California 2022 California Plumbing Code, Part 5 of Title 24 of the California Code of Regulations, are adopted and enacted, as the Plumbing Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Plumbing Code.

(B) One copy of each of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.

Part 15. ADOPTION OF THE CALIFORNIA ENERGY CODE

§ 150.180 ADOPTION.

(A) The 2019 California 2022 California Energy Code, Part 6 of Title 24 of the California Code of Regulations and the Building Energy Efficiency Standards For Residential and Nonresidential Buildings, are adopted and enacted, as the Energy Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Energy Code.

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(B) One copy of the 2019 California 2022 California Energy Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.

Part 16. ADOPTION OF THE CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE

§ 150.190 ADOPTION OF TECHNICAL PROVISIONS OF CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE.

(A) The California Elevator Safety Construction Code, as adopted by the California Building Standards Commission as Title 24, Part 7 of the California Code of Regulations, is hereby adopted and enacted as the primary elevator safety construction code of the city and made part of this code by reference with the same force and effect as if fully set forth herein and shall be known as the 2019 California 2022 California Elevator Safety Construction Code.

(B) One copy of the 2019 California 2022 California Elevator Safety Construction Code has been filed for use and examination of the public in the Office of the City Clerk of the city.

Part 17. ADOPTION OF THE CALIFORNIA HISTORICAL BUILDING CODE

§ 150.200 ADOPTION.

(A) The 2019 California 2022 California Historical Building Code, Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Historical Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Historical Building Code.

(B) One copy of the 2019 California 2022 California Historical Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.

Part 18. ADOPTION AND AMENDMENT OF THE CALIFORNIA EXISTING BUILDING CODE

§ 150.210 ADOPTION.

(A) The 2019 California 2022 California Existing Building Code, Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Existing Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Existing Building Code.

(B) One copy of the 2019 California 2022 California Existing Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.

Part 19. ADOPTION OF THE CALIFORNIA REFERENCED STANDARDS CODE

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§ 150.220 ADOPTION.

(A) The 2019 California 2022 California Referenced Standards Code, Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Referenced Standards Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Referenced Standards Code.

(B) One copy of the 2019 California 2022 California Referenced Standards Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.

Part 20. ADOPTION OF THE CALIFORNIA FIRE CODE WITH LOS ANGELES COUNTY

FIRE CODE AMENDMENTS

§ 150.225 ADOPTION

(A) The 2023 Los Angeles County Fire Code and the 2019 California 2022 California Fire Code, Part 9 of Title 24 of the California Code of Regulations, are hereby adopted and enacted as the primary Fire Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Fire Code.

(B) One copy of the 2019 California 2022 California Fire Code, Part 9 of Title 24 of the California Code of Regulations and 2020 Los Angeles County Fire Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.

HOUSE MOVING

§ 150.230 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING. Any structure having a roof supported by columns or by walls, and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.

DIRECTOR. The Director of Public Works or his authorized representative.

HOUSE MOVING PERMIT. A permit issued upon an application to allow the movement of a building or structure in, over, or upon any public street or public property within the city.

PERMIT. A permit issued pursuant to the provisions of this chapter allowing a person to have a building or structure in and along any public or private street in the city.

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RELOCATE or RELOCATION. The temporary or permanent relocation of any building or structure upon any property located within the city.

STRUCTURE. Anything constructed or erected requiring a fixed location on the ground or is attached to some object having a fixed location on the ground.

§ 150.231 PERMITS.

(A) Required. No person shall move any building or structure in or along any public or private street within the city, without first obtaining a permit in the manner set forth in this subchapter.

(B) Application; information required. To obtain a permit, the applicant shall first file an appli- cation therefor in writing on a form furnished for that purpose by the Director. Every such application shall contain the following information:

(1) The present location of the building or structure to be moved.

(2) The address and legal description of the land to which the building or structure is to be moved.

(C) Filing fee. Prior to or at the time of filing an application for a permit, the filing and processing fee as prescribed by City Council resolution shall be paid by the applicant to cover the reasonable cost of investigations and other services required by the city pursuant to this chapter.

§ 150.232 INVESTIGATION OF APPLICATION.

The Director, upon receipt of application for a permit shall make all necessary investigations to determine whether the building or structure may be moved safely in and along the proposed route. The application shall also be examined and reviewed by other departments of the city to ensure that the proposed route is safe.

§ 150.233 APPEAL TO COUNCIL.

Any person dissatisfied with the determination of the Director with reference to a permit shall have the right of appeal to the City Council, taken in the time and manner set forth in § 30.04 of this code.

§ 150.234 EXCEPTION.

A permit shall not be required pursuant to this subchapter for the transportation into or the use within the city, of any temporary building and/or structure if such transport and use is expressly permitted or required by other applicable laws or regulations, such as for construction offices, portable sanitation facilities, bleacher seats, construction barricades and the like and for use, and if used only in connection with a construction project or other temporary activity which can lawfully be conducted within the city.

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Baldwin Park City CouncilNovember 16, 2022

Baldwin Park City Council
November 16, 2022