AGENDA REPORT
Meeting Date: July 19, 2022
Item Number:
To: Honorable Mayor & City Council
From: Gregory W. Barton, Fire Chief
Mark Stainbrook, Police Chief
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A
GRANT UNDER THE FISCAL YEAR 2020 STATE HOMELAND
SECURITY PROGRAM (SHSP 20) AND APPROPRIATING FUNDS
FOR MOBILIZATION EXERCISES;
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A
GRANT UNDER THE FISCAL YEAR 2021 URBAN AREA SECURITY
INITIATIVE (UASI 21) AND APPROPRIATING FUNDS FOR VARIOUS
EQUIPMENT PURCHASES, DISASTER PREPAREDNESS, AND
RESPONSE ACTIVITIES TRAINING
Attachments: 1. Resolutions
2. State Homeland Security Program (SHSP-20) Agreement
3. Urban Area Security Initiative (UASI-21) Agreement
RECOMMENDATION
It is recommended that the City Council adopt the resolutions authorizing applications for and acceptance of grant funding from the City of Los Angeles and County of Los Angeles, to include appropriating funds as follows:
FROM TO
$ 7,000 191-300000 $ 7,000 19103101-713000-20HF
Fund 191 Fire-SHSP 20 Grant
Fire Grant Fund Balance
$135,000 191-300000 $135,000 19103101-713000-21UF
Fund 191 Fire-UASI 21 Grant
Fire Grant Fund Balance
E-4
Meeting Date: July 19, 2022
$152,242 190-300000 $152,242 19002105-740300-21UF
Fund 190 Police-UASI 21 Grant
Police Grant Fund Balance
INTRODUCTION
The City has been approved for funding under the State Homeland Security Program (SHSP) and Urban Area Security Initiative (UASI) grants for both the Fire and Police Departments.
DISCUSSION
Both SHSP and UASI grants for the Los Angeles/Long Beach area are administered by the County of Los Angeles and City of Los Angeles, respectively. Under these programs, the United States Department of Homeland Security provides grant funding to local jurisdictions for the unique planning, training and exercise requirements and necessities of high-threat, high-density urban areas. It also assists jurisdictions in building sustainable capacity to prevent, protect, respond, and recover from acts of terrorism.
The Fire Department has been awarded $7,000 towards Mobility Exercises (MOBEX) training via the SHSP Grant.
Under the UASI Grant, the Fire Department has been awarded $135,000 for training, comprising Urban Search and Rescue (USAR) Training and Community Emergency Response Team (CERT). The Police Department, on the other hand, has been awarded $152,242 for various equipment purchases, such as tactical robotic systems, unmanned aircraft systems, and vision optics.
FISCAL IMPACT
The City will be reimbursed by both the City and County of Los Angeles for all authorized SHSP and UASI grants expenditures by both Fire and Police Departments.
Gregory W. Barton Mark Stainbrook
Fire Chief Police Chief
Approved by Approved by
Jeff S. Muir
Director of Finance
Approved by
Attachment 1
B0785-0001\2689746v1.doc 1
RESOLUTION NO. 22-R-_________
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A
GRANT UNDER THE FISCAL YEAR 2020 STATE HOMELAND
SECURITY PROGRAM (SHSP 20) AND APPROPRIATING FUNDS FOR
MOBILIZATION EXERCISES
The Council of the City of Beverly Hills does hereby resolve as follows:
Section 1. The County of Los Angeles administers the Fiscal Year 2020 State Homeland Security Program (SHSP) grant (“Grant”) for the Los Angeles/Long Beach area.
Section 2. The City of Beverly Hills hereby appoints the Mayor or his designee as agent of the City of Beverly Hills to apply for and accept the Grant from the County of Los Angeles, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for administration of the Grant.
Section 3. Appropriation of funds in the amount of $7,000.00 is authorized as follows:
FROM: TO:
$7,000.00 191-300000 $7,000.00 19103101-713000-20HF
Fund 191 Fire-SHSP 20 Grant
Fire Grant Fund Balance
Purpose: For the Fire Department’s Mobilization Exercises (MOBEX).
Section 4. The City Clerk shall certify to the adoption of the Resolution and shall cause the Resolution and her certification to be entered in the Book of Resolutions of the Council of the City.
[Signatures on following page.]
Adopted:
LILI BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
Qwh$ tLT
JEFF S/NAJiR
DirectoVof Finance
GREGORY W. BARTON
Fire Chief
B0785-0001\2689746v1 .doc 2
B0785-0001\2689748v2.doc 1
RESOLUTION NO. 22-R-_________
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A
GRANT UNDER THE FISCAL YEAR 2021 URBAN AREA SECURITY
INITIATIVE (UASI 21) AND APPROPRIATING FUNDS FOR VARIOUS
EQUIPMENT PURCHASES, DISASTER PREPAREDNESS, AND
RESPONSE ACTIVITIES TRAINING
The Council of the City of Beverly Hills does hereby resolve as follows:
Section 1. The City of Los Angeles administers the Fiscal Year 2021 Urban Area Security Initiative (UASI) grant (“Grant”) for the Los Angeles/Long Beach area.
Section 2. The City of Beverly Hills hereby appoints the Mayor or his designee as agent of the City of Beverly Hills to apply for and accept the Grant from the City of Los Angeles, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for administration of the Grant.
Section 3. Appropriation of funds in the amount of $287, 242.00 is authorized as follows:
FROM: TO:
$135,000 191-300000 $135,000 19103101-713000-21UF
Fund 191 Fire-UASI 21 Grant
Fire Grant Fund Balance
$152,242 190-300000 $152,242 19002105-740300-21UF
Fund 190 Police-UASI 21 Grant
Police Grant Fund Balance
Purpose: For the Fire Department and Police Departments’ various equipment purchases, disaster preparedness, and response activities training.
Section 4. The City Clerk shall certify to the adoption of the Resolution and shall cause the Resolution and her certification to be entered in the Book of Resolutions of the Council of the City.
Adopted:
ATTEST:
HUMAAHMED
City Clerk
(SEAL)
LlLl BOSSE
Mayor of the City of Beverly Hills,
California
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:
GEORGE CHAVEZ
City Manager
4iWttL’
JEFF S/iJ(JJR
Directo’6f Finance
GREGORY W. BARTON
Fire f
M RKS INBROOK
Police Chief
B0785-0001\2689748v2.doc 2
Attachment 2
State Homeland Security Program
Subrecipient Agreement
Grant Year 2020
Between the
County of Los Angeles
and the
City ofBeverly Hills
SUBRECIPIENT AGREEMENT
BETWEEN THE
COUNTY OF LOS ANGELES
AND THE
CITY OF BEVERLY HILLS
THIS AGREEMENT (“Agreement”) is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the “County of Los Angeles”), and the City of Beverly Hills, a public agency (the “Subrecipient”).
WITNESSETH
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067 — Homeland Security Grant Program directly to the California Governor’s Office of Emergency Services (Cal OES) for the 2020 SHSP, Federal Award Identification No. 037-00000 Federal Award dated October 23, 2020 with a performance period of September 1, 2020 to May 31, 2023. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles (DUNS #052238763) as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and
WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of the 2020 SHSP grant from Cal OES in the total amount of $10,593,612.00; and WHEREAS, the CEO now wishes to distribute 2020 SHSP grant funds to the Subrecipient in the amount of $7,000.00, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and
WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on July 20, 2021 authorized the CEO to prepare and execute this Agreement.
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:
SECTION I
INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:
A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of Beverly Hills , a public agency, having its principal office at 445 N. Rexford Dr. Beverly Hills CA 90210-4876
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:
1. The representative of the County of Los Angeles is, unless otherwise stated in this Agreement:
Craig Hirakawa, HSGP Grants Director
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-1127
Fax: (213) 687-3765
[email protected]
Melissa Tarver
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-3338
Fax: (213) 687-3765
[email protected]
2. The representative of Subrecipient is:
Name and Title: Michael J. Liongson, Fire Administrator Organizational DUNS
7 292 Number 0 5 003
Address: 445 N. Rexford Dr.
City/State/Zip: Beverly Hills CA 90210-4876
Phone: (310) 281-2709
FAX: (310)278-2449
Email: [email protected]
With a copy to:
Name and Title: Gregory W. Barton, Fire Chief
Address: 445 N. Rexford Dr.
City/State/Zip: Beverly Hills CA 90210-4876
Phone: (310) 281-2700
FAX: (310)278-2449
Email: [email protected]
B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular U.S. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message will be deemed communicated as of the date of mailing.
C. If the name and/or title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:
A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411 .A.14 of this Agreement.
Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.
B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement.
C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411 .A. 13 of this Agreement.
D. Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411 .C of this Agreement.
SECTION II
TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2020 to February 28, 2023, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §502, below.
§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter “Budget,” for the 2020 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.
Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect.
Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.
B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds.
C. Subrecipient must review the Federal Debarment Listing at https:I/www.sam.qov/SAM/paqes/public/searchRecords/search .jsf prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.
D. Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.
E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient’s performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (1 5th) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.
F. Subrecipient must provide an electronic copy of their Annual Single Audit Report, as required by 2 CFR Part 200, to CEO no later than March 31st (fiscal year ending June 30) or June 30th (fiscal year ending September 30) of the year following the reporting period.
G. Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one onsite visit during the term of this Agreement. Monitoring will utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.
H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.
I. Subrecipient use of the Los Angeles Regional Interoperable Communication System’s Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clearly demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.
J. Subrecipient shall not use grant funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People’s Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
K. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at https://www.fema.qov/authorized-eguipment-list and the Funding Guidelines of the 2020 SHSP Notice of Funding Opportunity, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements and any added Cal OES requirements. Federal procurement requirements for the 2020 SHSP can be found at Title 2 CFR Part 200.313.
Any equipment acquired or obtained with Grant Funds:
1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;
2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.
L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, “Equipment” is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit, Items costing less than $5,000.00, but acquired under the “Equipment” category of the Grant must also be listed on any required Equipment Listing.
1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.
2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.
3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division.
The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.
4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.
5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.
M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.
N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.
0. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraininq .qov/frts/.
P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema,gov/hseep.
Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.
R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of the Agreement.
S. Pursuant to this Agreement, indirect costs are not reimbursable.
SECTION III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $7,000.00 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The
grant amount represents the amount allocated to Subrecipient in the 2020 SHSP Grant Award Letter from Cal OES.
B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediately or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.
For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.
For Exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.
For Planning reimbursements, Subrecipient must include a copy of the final tangible product.
C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in §301 .A., above, will not be utilized. As provided in §502, below, any increase or decrease in the grant amount specified in §301 .A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.
D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.
E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.
F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be
terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.
2. County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.
SECTION IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. §402. Applicable Law, Interpretation and Enforcement
Each party’s performance hereunder must comply with all applicable laws of the United States of America, the State of California, and the County of Los Angeles.
This Agreement will be enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.
If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.
Applicable Federal or State requirements that are more restrictive will be followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for
herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §406. Permits
Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient’s performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person’s race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.
Subrecipient must comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).
If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://wwwjustice.qov/crt.
Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement,
and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.
To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient’s negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles’ negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:
1. A member of such person’s immediate family, or domestic partner or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a “financial or other interest” in the subcontract.
B. Definitions:
1. The term “immediate family” means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father,
mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.
2. The term “financial or other interest” means:
a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.
C. The Subrecipient further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).
D. The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.
E. Prior to obtaining the County of Los Angeles’ approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.
G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.
H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.
I. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must
substitute the term “subcontractor” for the term “Subrecipient” and “sub subcontractor” for “Subcontractor”.
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
1. CFR
Subrecipient must comply with Title 2 CFR Part 200.
2. Single Audit Act
Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §12101 et .,and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act.
Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.
Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors certify and disclose accordingly.
5. Records Inspection
At any time during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S.
Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient’s method of procurement, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.
Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement.
6. Records Maintenance
Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles.
7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.
Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement.
8. Labor
Subrecipient must, as applicable, comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System Personnel Administration (5 CFR 900, Subpart F).
Subrecipient must, as applicable, comply with the provisions of the DavisBacon Act (40 U.S.C. §276a to 276a-7); the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874); the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333), regarding labor standards for federally-assisted construction subagreements; and the Hatch Act (5 USC §1501-1 508 and 7324-7328).
Subrecipient must, as applicable, comply with the Federal Fair Labor Standards Act (29 U.S.C. §201) regarding wages and hours of employment.
None of the funds may be used to promote or deter union/labor organizing activities. CA Gov’t Code Sec. 16645 et sea.
9. Civil Rights
Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disabilities; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. §6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.
10. Environmental
Subrecipient must, as applicable, comply, or has already complied, with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.
These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
Subrecipient must, as applicable, comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).
Subrecipient must, as applicable, comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §l27l et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
Subrecipient must, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), which restores and maintains the chemical, physical and biological integrity of the Nation’s waters.
Subrecipient must, as applicable, ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.
By signing this Agreement, Subrecipient warrants and represents that it will, as applicable, comply with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq.
Subrecipient must, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-1 63, 89 Stat. 871).
Subrecipient must, as applicable, comply with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System.
11. Preservation
Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.).
12. Suspension, Debarment, Ineligibility and Voluntary Exclusion Subrecipient must, as applicable, comply with Title 2 CFR Part §3000, regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the
execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.
13. Drug-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 usc §701, Title 44 code of Federal Regulations (CFR) Part §17; the California Drug-Free Workplace Act of 1990, CA Gov’t Code §8350-8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.
14. Lobbying Activities
Subrecipient must, as applicable, comply with 31 u.s.c.1352 and complete the Disclosure of Lobbying Activities, (0MB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference.
15. Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 usc §2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program.
Subrecipient must, as applicable, comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
Title 2 CFR Part 200; EQ 12372; u.s. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.
Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division I of Title 2, §8607.1(e) and CCR Title 19, §2445-2448.
Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations.
1. Travel Expenses
Subrecipient, as provided herein, will be compensated for Subrecipient’s reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed.
Subrecipient’s total travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel, including outof-State travel, that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles.
Subrecipient’s administrative-related travel and per diem reimbursement costs will not be reimbursed. For programmatic-related travel costs, Subrecipient’s reimbursement rates may not exceed the amounts established under the grant.
C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in Exhibit F and in the Stat&s “Grant Assurances”. By signing these Grant Assurances and accepting Exhibit F, the County of Los Angeles became liable to the State for any funds
that are used in violation of the grant requirements. The State’s Grant Assurances are incorporated into this Agreement through Exhibit D.
Subrecipient will be liable to the Grantor for any funds the State determines the Subrecipient used in violation of these Grant Assurances.
Pursuant to this Agreement, Subrecipient shall execute the 2020 Certification of Grant Assurances in Exhibit D, accepting and agreeing to abide by all provisions, assurances, and requirements therein. Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances.
To the extent Exhibit D conflicts with language or provisions contained in this Agreement, or contains more restrictive requirements under Federal and State law, Exhibit D shall control.
D. Noncompliance With Grant Requirements
Subrecipient understands that failure to comply with any of the above assurances and requirements, including Exhibit D, may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. §412. Federal, State and Local Taxes
Federal, State and local taxes are the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program.
§413. Inventions, Patents and Coiyriqhts
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (“Invention”) patentable or otherwise under Title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Subrecipient must report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles will report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State will determine whether to seek protection on the Invention. The State will determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy (“Policy”) embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated
2/1 8/1 983); and Executive Order 12591, 4/10/87, 52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.
B. Rights to Use Inventions
As applicable, County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the State or the terms of this Agreement, when copyrightable material (“Material”) is developed under this Agreement, the County of Los Angeles, at its discretion, may copyright the Material. If the County of Los Angeles declines to copyright the Material, the County of Los Angeles will have an unencumbered right, and a nonexclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.
2. The State will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.
3. Subrecipient must comply with Title 24 CFR 85.34.
D. Rights to Data
The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. “Unlimited rights” means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by Title 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Subrecipient must require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts.
§414. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq.
§415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient’s contracts, including procurement, construction and personal services. This policy applies to all of the Sub recipient’s contractors and sub-contractors. §416. Compliance with Fair Chance Employment Practices
Subrecipient shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination:
Conviction History. Subrecipient’s violation of this paragraph of the Agreement t may constitute a material breach of the Agreement. In the event of such material breach, County of Los Angeles may, in its sole discretion, terminate the Agreement.
§417. Method of Payment and Required Information
The County of Los Angles may, at its sole discretion, determine the most appropriate, efficient, secure, and timely form of payment provided under this Agreement. Subrecipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method of payment is deemed appropriate by the A-C.
Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at https //directdeposit lacounty qov/ Such electronic banking and related information includes, but is not limited to: bank account number and routing number, legal business name, valid taxpayer identification number or TIN, a working e-mail address capable of receiving remittance advices and other payment related correspondence, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or Direct Deposit shall supersede this requirement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption
to this requirement and must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with CEO, shall decide whether to approve exemption requests.
SECTION V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
§502. Termination
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County of Los Angeles, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the Subrecipient specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective.
The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent.
§503 .Amendments
Except as otherwise provided in this paragraph, any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease of the grant amount specified in §301 .A., above, or any extension of the performance period specified in §201, above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.
SECTION VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement may be executed utilizing wet, scanned digital, and electronic signatures, each of which is deemed to be an original. This Agreement includes (26) pages and (8) Exhibits which constitute the entire understanding and agreement of the parties.
[Remainder of this page intentionally left blank]
IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives.
COUNTY OF LOS ANGELES
BY
FESIAA. DAVENPORT Date
Chief Executive Officer
BY_________________________ BY_______________________
CELIA ZAVALA ARLENE BARRERA
Executive Officer, Board of Supervisors Auditor-Controller
APPROVED AS TO FORM
RODRIGO A. CASTRO-SILVA
County Counsel
BY_______________________
Deputy County Counsel
LILI BOSSE
BY_______________________________________________
Mayor of the City of Beverly Hills (Signature) (Print Name) Date
APPROVEDASTO FORM
BY
LAURENCES.WIENER
City Attorney (Signature) (Print Name) Date
ATTEST
BY
HUMAAHMED
City Clerk (Signature) (Print Name) Date
City Signatures continue for Subrecipient Agreement — Grant Year 2020 — State Homeland Security Program
APPROVED AS TO CONTENT
Fire Chief
/Ti(ONESSEL L’HEUEUX
B0785-0001\2398287v1 .doc
EXHIBITS
Exhibit A Certification and Disclosure Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Drug-Free Workplace
Exhibit D Certification of Grant Assurances
Exhibit E Final Grant Award Letter and Project Worksheet Exhibit F 2020 Notice of Funding Opportunity
Exhibit G Reimbursement Form and Instructions
Exhibit H Monitoring Instrument
EXHIBIT A
Cal 0ES 2-232
Approved by 0MB 0348-0046
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title 31 U.S.C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item I (e.g., Request for Proposal (REP) number; Invitation for Bid (IEB) number; sub-grant announcement number; the contract, subgrant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.,”RFP-DE-90-OO1 .“
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
Disclosure of Lobbying Activities - Cal QES 2-232 (Revised 7/8/201 3)
EXHIBIT A
Cal OES 2-232
Approved by 0MB 0348-0046
10. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b.) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an inkind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D C 20503 Disclosure of Lobbying Activities -Cal OES 2-232 (Revised 7/8/2013)
EXHIBITA
Cal OES 2-232
Approved by 0MB 0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
i:i a. contract I1 a. bid/offer/application E.1 a. riIn b. grant b. initial award ia c ange
c. cooperative agreement c. post-award For Material Change Only:
e. loan guarantee Year Quarter f. loan insurance
date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
, County of Los Angeles
Prime / Subawardee Chief Executive Office
500 West Temple Street, Room B-79-2
Tier, If known: Los Angeles, CA 90012
Congressional District, if known: Congressional District, if known:
6. Federal DepartmentlAgency: 7. Federal Program NamelDescription:
Department of Homeland Security Homeland Security Grant Program CFDA Number, if applicable: 97.067
8. Federal Action Number, if known: 9. Award Amount, if known: $7,000.00
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name, first name, Ml): (last name, first name, Ml - include address if different from lOa) (attach Continuation Sheet(s) SF-LLL-A, if necessary)
N/A N/A
11. Amount of Payment (check all that apply) : 13. Type of Payment (check all that apply):
Actual Planned a retainer
12 Form of Payment (check all that apply) b one time fee a cash c commission
N/A
b in kind specify d contingent fee N/A
e deferred
nature value
j f. other; specify:
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in item 11: (attach Continuation Sheet(s) SF-LLL-A, if necessary) 15 Continuation Sheet(s) SF LLL A attached Yes • No
16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. Signature . Al C.
This disclosure of lobbying activities is a material representation of fact upon which Name Gregory W. Barton reliance was placed by the tier above when this transaction was made or entered into.
This disclosure is required pursuant to 31 U.S.C. 1352. This information will be Title: Fire Chief reported to the Congress semi-annually and will be available for public inspection. Any Telephone: (310) 281-2700 person who fails to file the required disclosure shall be subject to a civil penalty of not (area code) less than $10,000 and not more than $100,000 for each such failure. Date: 1 1 July 2022 Federal Use Only: Authorized for Local Reproduction
Standard Form — LLL
Disclosure of Lobbying Activities - Cal OES 2-232 (Revised 7/8/2013)
EXHBT A
Approved by 0MB 0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
CONCONTINUATION SHEET
Continuation of 10 a-b: additional sheets may be added if necessary Reporting Entity:
Last Name First Name MI
Address City Zip
Last Name First Name MI
Address City Zip
Last Name First Name MI
Address City Zip
Last Name First Name MI
Address City Zip
Continuation of 14: (additional sheets may be added if necessary) Brief Description of Services and Payments indicated in item 11:
Authorized for Local Reproduction
Standard Form — LLL-A
Disclosure of Lobbying Activities -Cal OES 2-232 (Revised 7/8/2013)
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTiONS
This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants’ responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
AGREEMENT NUMBER
City of Beverly Hills
CONTRACTOR/BORROWER/AGENCY
Gregory W. Barton, Fire Chief
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
i1JujyQ_
SIGNATURE DATE
EXHIBIT B
iNSTRUCTIONS FOR CERTIFICATION
1 * By sIgning and submitting this document, the prospective recipient of Federal assistance is providing the certification as set out below.
2. The certification In this clause Is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction origInated may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction1” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,”” primary covered transaction,” ‘principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, It shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation on this covered transaction, unless authorized by the department or agency with which this transaction originated,
8. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but Is not required to, check the List of Parties Excluded from Procurement or Non Procurement Proorams.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render in good faith the certification required by this clause.
The knowledge and information of a participant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, it a participant In a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded form participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedIes, Including suspension and/or debarment.
EXHIBIT C
STATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill 1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the City of Beverly Hills (your aqency)
accordingly provides this statement of compliance.
In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug-free workplaces and have issued drug-free workplace statements to their employees [Section 8355(a) of the Government Code]. Consequently, in accordance with this directive, this statement is issued to meet this requirement.
The City of Beverly Hills (your agency), an agency within the State of California has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee, co-workers, or the public resulting from accidents, dereliction of duty, poor judgment and carelessness. Substance abuse also results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and interferes with the job performance of employees who do not use illegal or unauthorized substances. [Section 8355(b)(1)]
California law prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees. [Section 8355(a)]
Employees convicted of a violation of criminal drug statute, when the violation occurred at an employee’s worksite, shall report the conviction to the granting and monitoring State agency upon conviction. [Section 8356(a)(1)(2)]
In the event of the unlawful manufacture, distribution, dispensation, possession or illegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program. [Section 8355(b)(4)] The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services. The EAP is available to all agency employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for further information.
It is the intent of the City of Beverly Hills your agency) to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement. [Section 8355(c)]
Drug-Free Workplace Certification STD. 21 (Revised 7/2015)
EXHIBIT D
CaIOES
GOVERNOR 5
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
EXHIBIT D
Cal OES
OVRNO S Q€ICt
F EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
EXHIBIT D
caloEs
, GOVERNOR S OPICt
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. § 1501- 1508 and § 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non discrimination, including:
EXHIBIT D
CaIOES
6OVRNOR S UIC
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. § 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. § 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. § 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. PartlOO. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(I) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
EXHIBIT D
Cal OES
VENOR S OCE
OF EMEROENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs_______
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code § 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
EXHIBIT D
Cal OES
) GOYRNOSO$1CE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of N EPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation ofwetlands;
(I) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16U.S.C.1451 etseq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
EXHIBIT D
CaIOES
GOVERNOR 3 OFIC
\/ OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment -The Applicant will comply with 31 U.S.C § 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
EXHIBIT D
Cal OES , GOVERNOflS OPiCE
OF EMERGENCY SERVICE5
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. § 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code § 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property AcQuisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
EXHIBIT D
CaIOES
GOVERNOR S OIC
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
EXHIBIT D
CaIOES
I VERNORSOtC
/ OFEMERGENCYSERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (P11) DHS defines personally identifiable information (P11) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect P11 are required to have a publically-available privacy policy that describes standards on the usage and maintenance of P11 they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
EXHIBIT D
H CaIOES
GOVERNOR S OICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-i 29.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41 102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
EXHIBIT D
IIJ” CaIOES
**YLRNO $ orct
GF EMERGENCY SERViE5
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No.96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
EXHIBIT D
‘‘j CaIOES
VLRNOR S OIC
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. § 175—175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
EXHIBIT D
CaIOES
GOVERNOR S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal QES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient: City of Beverly Hills
Signature of Authorized Agent-W -cZ3--
Printed Name of Authorized Agent: Gregory W. Barton
Title:_Fire_Chief Date: 11 July 2022
EXHIBIT E
GAVIN NEws0M MARK S. GHILARDuccI
GOVERNOR —- DIRECTOR
CaIOES
GOVERNOR S OFFICE
OF ENERGENCY SERVICES —
October 23, 2020
Fesia A. Davenport
Acting Chief Executive Officer
Los Angeles County
500 West Temple Street, Room 713
Los Angeles, CA 90012-0000
SUBJECT: NOTIFICATION OF SUBRECIPIENT SUBAWARD APPROVAL Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) Subaward #2020-0095, Cal OES lD#037-00000
Subaward Period of Performance: 09/01/2020-05/31/2023
Dear Ms. Davenport:
We are pleased to announce the approval of your FY 2020 HSGP subaward in the amount of $10,593,612. Once the completed application is received and approved, reimbursement of eligible subaward expenditures may be requested using the California Governor’s Office of Emergency Services (Cal OES) Financial Management Forms Workbook. Failure to provide documentation in a timely manner could result in a hold on funding, pursuant to Title 2, Code of Federal Regulations (CFR), Sections 200.338(a) and 200.207(b)(1 )-(2).
This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), the Preparedness Grants Manual, the California Supplement to the NOFO, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the subaward period of performance.
Subrecipients must obtain additional written approval ørior to incurring costs for activities such as aviation, watercraft, allowability request logs, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review. Additionally, all projects falling under the National Priority Investment Justifications must be reviewed and approved for effectiveness by the EN 3650 ScI-iRIEvER AVENUE MATHER CA 95655 -‘ www CaIOES ca aov
EXHIBIT E
Fesia A. Davenport
October 23, 2020
Federal Emergency Management Agency (FEMA), prior to the obligation, and expenditure of funds for those projects.
Your organization will be required to prepare and submit the Biannual Strategy Implementation Report (BSIR) to Cal OES via the FEMA Grants Reporting Tool (GRT) semi-annually for the duration of the subaward period of performance or until all activities are completed and the subaward is formally closed. Failure to submit required reports could result in subaward reduction, suspension, or termination. Throughout the subaward cycle, milestones set in the GRT will be used as indicators of project feasibility, performance, and grant management capacity. This information may also be used in assessing proposals in future grant opportunities.
A Conditional Hold has been placed on your subaward; five percent of the subaward must be allocated to each of the four National Priority Investment Justifications for a total of twenty percent of the award. To release this hold, additional information is required for the investments identified which must be submitted in the December 2020 BSIR in a manner consistent with Grants Program Directorate Information Bulletin No. 447.
Your dated signature is required on this letter. Please sign and return the original to your Cal OES Program Representative within 20 calendar days upon receipt and keep a copy for your records. For further assistance, please contact your Cal OES Program Representative.
Sincerely,
MARK S. GHILARDUCCI
Director
-202O
Fesia A. Davenport Date
Los Angeles County
City of Beverly Hills Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Project Title Funding Source Discipline Solution Area Total Budgeted 030 FS Mobilization Exercises HSGP-SHSP FS Exercise $ 7,000 Total $ 7,000
Project Ledger
9/1/2020
5/31/2023
Initial Application
2/15/2022
City of Beverly Hills Ledger Type Initial Application
FY 2020 State Home Security Program (SHSP) Projects Date 2/15/2022 Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date 9/1/2020
POP End Date 5/31/2023
Project
No. Planning Activity Funding Source Discipline Solution Area SubCategory Expenditure
Category Final Product
Noncompetitive
Procurement
over $250K
Budgeted Cost
Planning
City of Beverly Hills Ledger Type Initial Application
FY 2020 State Home Security Program (SHSP) Projects Date 2/15/2022 Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date 9/1/2020
POP End Date 5/31/2023
Project
No. Organization Funding Source Discipline Solution Area Sub-Category Expenditure
Category Detail Certification on
File Budgeted Cost
Organization
City of Beverly Hills Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No.
Equipment Description (Include
Quantity) AEL # AEL Title Funding Source Discipline Solution Area SubCategory Deployable /
Shareable
Noncompetitive
Procurement over
$250K
Hold Trigger Budgeted
Cost
5/31/2023
Equipment
Initial Application
2/15/2022
9/1/2020
City of Beverly Hills Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Course Name Funding
Source Discipline Solution Area SubCategory
Expenditure
Category
Feedback
Number
Training
Activity
Total #
Trainee(s)
Identified
Host
Noncompetitive
Procurement EHP Hold EHP Approval Date Budgeted Cost
9/1/2020
5/31/2023
Training
Initial Application
2/15/2022
City of Beverly Hills Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Exercise Title Funding
Source Discipline Solution Area SubCategory
Expenditure
Category
Date of
Exercise Exercise Type Identified Host
Date of AAR
entered into
HSEEP
Noncompetitive
Procurement
over $250K
EHP Hold Budgeted Cost
30.20 MOBEX - Regional Task Force(s) HSGP-SHSP FS Conduct/Evaluate OT/Backfill Full Scale Attendee No Yes $ 7,000
9/1/2020
5/31/2023
Exercise
Initial Application
2/15/2022
EXHIBIT F
The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) NOTE: If you are going to apply for this funding opportunity and have ii obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take four weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information.
Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: http://www.grants.gov/web/grants/register.html.
A. Program DescriDtion
1. Issued By
Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD)
2. Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067
3. Assistance Listings Title (formerly CFDA Title)
Homeland Security Grant Program
4. Funding Opportunity Title
Homeland Security Grant Program
• State Homeland Security Program
• Urban Area Security Initiative
• Operation Stonegarden
5. Funding Opportunity Number
DHS-20-GPD-067-00-0 1
6. Authorizing Authority for Program
Section 2002 of the Homeland Security Act of2002 (Pub. L. No. 107-296, as amended (6 U.S.C. § 603)
7. Appropriation Authority for Program
Department ofHomeland Security Appropriations Act, 2020 (Pub. L. No. 116-93)
8. Announcement Type
New
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EXHIBIT F
9. Program Overview, Objectives, and Priorities
Overview
The Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) is one of three grant programs that constitute the Department of Homeland Security (DHS)/Federal Emergency Management Agency’s (FEMA’s) focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the Nation’s communities against potential terrorist attacks. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. In FY 2020, there are three components of HSGP:
1) State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts ofterrorism.
2) Urban Area Security Initiative (UASI): UASI assists high-threat, high-density Urban Areas efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts ofterrorism.
3) Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States’ borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada as well as states and territories with international water borders. State, local, tribal, and territorial (SLTT) law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG.
The 20 18-2022 FEMA Strategic Plan creates a shared vision for reducing the risks posed by terrorism and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. HSGP supports the goals of Building a Culture of Preparedness and Readying the Nation for Catastrophic Disasters. We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient Nation, as preparedness is a shared responsibility and funding should support priorities that are most impactful and demonstrate the greatest return on investment.
Finally, for FY 2020, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other emerging threats to our national security. DHS and its homeland security mission were born from the “failures among federal agencies and between the federal agencies and state and local authorities to share critical information related to the threat ofterrorism” prior to the September 11, 2001, attacks.’ The threat profile has changed in the last two decades — we now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, threats to our democratic election ‘Homeland Security Act of 2002: Report Together with Minority and Dissenting Views 222, Select Committee on Homeland Security: 107th Congress, U.S. House ofRepresentatives (2002) (H. Rpt. 107-609).
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EXHIBIT F
process and threats from new and emerging technologies. But information sharing and cooperation between state, local, and tribal authorities and federal agencies, including all DHS officials, is just as vital, and perhaps even more vital, today. Therefore, for FY 2020, we have identified four priority areas, tied to some ofthe most serious threats that DHS would like to see addressed by state and local governments, that recipients will need to address with their HSGP funds. Perhaps most importantly, we will be focused on forging partnerships to strengthen information sharing and collaboration in each ofthese priority areas and looking for recipients to remove barriers to communication and cooperation with DHS and other federal agencies.
Objectives
The objective ofthe FY 2020 HSGP is to fund state, local, tribal, and territorial efforts to prevent terrorism and prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States.
Priorities
Given the evolving threat landscape, it is incumbent upon DHS/FEMA to continuously evaluate the national risk profile and set priorities that help ensure appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2020, four priority areas attract the most concern.
And due to the unique threats that the nation faces in 2020, DHS/FEMA has determined that these four priorities should be addressed by allocating specific percentages of HSGP funds to each of these four areas, for a total of 20 percent. The following are the four priority areas for FY 2020, along with the corresponding amount of HSGP funds that each recipient will be required to propose for each priority area in order to obtain a full allocation of HSGP funds:
1) Enhancing cybersecurity (including election security) — 5 percent 2) Enhancing the protection of soft targets/crowded places (including election security) — 5 percent;
3) Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS —5 percent;
4) Addressing emergent threats (e.g., unmanned aerial systems {UASs], etc.) — 5 percent.
Failure by a recipient to propose investments and projects that align with these four priority areas and spending requirements may result in a recipient receiving a reduced grant award. DHS/FEMA may not award funding in excess of a recipient’s minimum allocation threshold2 to the extent that investments and projects do not align with these four priority areas.
A State or high-risk urban area may allocate the remaining 80 percent to gaps identified through their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Process.
Likewise, there are several enduring security needs that crosscut the homeland security enterprise, and to which that States should consider allocating funding across core capability gaps and national 2 Homeland Security Act of2002, as amended, allocates for each of the 50 States, the District of Columbia, and Puerto Rico
0.35 percent of the total funds appropriated for grants under section 2003 and section 2004 of the Act, and 0.08 percent for each of the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands).
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EXHIBIT F
priorities. The following are enduring needs that help recipients implement a comprehensive approach to securing communities:
1) Effective planning;
2) Training and awareness campaigns;
3) Equipment and capital projects; and
4) Exercises.
The table below provides a breakdown of the FY 2020 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual. DHS/FEMA anticipate that in future years, national priorities will continue to be included and will be updated as the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin planning to sustain existing capabilities through other funding mechanisms.
FY 2020 SHSP & UASI Funding Priorities
• Cybersecurity
• Intelligence and
information sharing
• Operational
coordination
• Public information
and warning
• Intelligence and
information sharing
• Interdiction and
disruption
• Screening, search,
and detection
• Access control and
identity verification
• Physical protective
measures
• Risk management for
protection programs
and activities
• Cybersecurity risk assessments
• Projects that address vulnerabilities
identified in cybersecurity risk
assessments
o Improving cybersecurity of critical
infrastructure to meet minimum levels
identified by CISA
o Cybersecurity training and planning
• Operational overtime
• Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment for
people and baggage
o Lighting
o Access controls
o Fencing, gates, barriers, etc.
Enhancing
Cybersecurity
(including election
security)
Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
• Safety and
security
Enhancing the
Protection of Soft
Targets! Crowded
Places (including
election security)
• Safety and
security
Enhancing • Intelligence and • Safety and • Fusion center operations (Fusion Center information and information sharing security project will be required under this intelligence sharing investment, no longer as a stand-alone and cooperation with investment)
federal agencies, • Information sharing with all DHS
including DHS components, fusion centers, and other
entities designated by DHS
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EXHIBIT F
• 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 • Interdiction & • Safety and • Sharing and leveraging intelligence and Threats, such as disruption security information
Transnational • Screening, search and • UAS detection technologies Criminal detection • Enhancing weapons of mass destruction Organizations and • Physical protective (WMD) and/or improvised explosive UAS measures device (TED) prevention, detection,
. Intelligence and response and recovery capabilities
information sharing o Chemical Biological
• Planning Radiological Nuclear and
. Public Information Explosive (CBRNE) detection,
and Warning prevention, response, and
. Operational recovery equipment
Coordination
Enduring Needs
Planning • Planning • Safety and • Development of:
• Risk management for security o Security Risk Management Plans protection programs o Continuity of Operations Plans
and activities o Response Plans
• Risk and disaster • Efforts to strengthen governance
resilience assessment integration between/among regional • Threats and hazards partners
identification • Joint training and planning with DHS
• Operational officials and other entities designated by coordination DHS
• Community resilience • Cybersecurity training and planning Training & • Long-term • Safety and • Active shooter training Awareness vulnerability security • Security training for employees reduction • Public awareness/preparedness campaigns
• Public information • Joint training and planning with DHS and warning officials and other entities designated by
• Operational DHS
coordination • Cybersecurity training and planning
• Situational
assessment
• Community resilience
Equipment & Capital • Long-term • Safety and • Protection of high-risk, high-consequence Projects vulnerability security areas or systems that have been identified reduction through risk assessments
• Infrastructure systems • Physical security enhancements • Operational o Security cameras (CCTV)
communications o Security screening equipment
• Interdiction and for people and baggage
disruption o Lighting
• Screening, search and 0 Access Controls
detection • Fencing, gates,
• Access control and barriers, etc.
identity verification
• Physical protective
measures
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EXHIBIT F
Exercises • Long-term • Safety and • Response exercises vulnerability security
reduction
• Operational
coordination
• Operational
communications
• Community
resilience
Starting in FY 2020, each SHSP and UASI recipient is required to submit an Investment Justification (IJ) for each ofthe four national priorities identified above. Under the Cybersecurity investment and the Soft Target/Crowded Places investments one project for each ofthose 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 andlor 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
• 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
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. • Intelligence and
information sharing
Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
Enhancing
information and
intelligence
sharing and
cooperation with
federal agencies,
including DHS
• Safety and
security
Addressing • Interdiction & disruption • Safety and • Operational overtime for border security Emergent • Screening, search and security operations as directed by the applicable, Threats, such as detection USBP-approved operations order Transnational • Physical protective • Sharing and leveraging intelligence and Criminal measures information
Organizations • Intelligence and
information sharing
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EXHIBIT F
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 theHSGP NOFO: $1,120,000,000
: iiAaiueiiii ‘bI)(I71IflNTiwa
State Homeland Security Program $415,000,00(
Urban Area Security Initiative $615,000,00(
Operation Stonegarden $90,000,00(
Total $1,120,000,00
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 ofthe 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 of2002, 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 ofthe 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 ofthe 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 ofthe 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 ofthe State’s application as described in Section D, below. Final awards are based on whether the State has proposed investments in each ofthe 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 of2002, 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 of2002, as amended. The minimum allocation for the four territories (American Samoa, Guam, the Northern Mañana Islands, and the U.S. Virgin Islands) is 0.08 percent of the total funds appropriated for grants under Section 2003 and 2004 ofthe Homeland Security Act of2002, as amended. THIRA!SPR results do not impact grant allocation or award.
Regardless ofthe 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
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 $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 US. Virgin Islands $1,000,000
New York $59,174,400 -$73,968,000 Kentucky $4,287,500
StatelTerritory FY 2020 Allocation StatelTerritory FY 2020 Allocation —n...
$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 ofterrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States, in accordance with the Homeland Security Act of2002, 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 of2002, as amended. Applicants are strongly encouraged to apply for funding at least 15% over the high end oftheir target allocation range as ineffective applications will not be funded.
Final award amounts will be based on DHS/FEMA’s evaluation ofthe 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 ofthe 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 ofthe 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
Arizona
Washington
Phoenix Area
Bay Area
Seattle Area
$4,200,000 -$5,250,000
$5,000,000 -$6,250,000
OPSG Allocations
For FY 2020, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness ofthe proposed use of grant funds upon completion ofthe 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 Anaheim/Santa Ana Area
Los Angeles/Long Beach Area
California
Riverside Area
Sacramento Area
San Diego Area
Colorado Denver Area
District of Columbia National Capital Region
State/Territory Funded Urban Area FY 2020 UASI Allocation $4,200,000 -$5,250,000
$30,000,000 - $37,500,000
$54,400,000 -$68,000,000
$2,800,000 - $3,500,000
$2,800,000 - $3,500,000
$13,520,000- $16,900,000
$2,800,000 - $3,500,000
$41,400,000 -$51,750,000
Miami/Fort Lauderdale Area $11,800,000 -$14,750,000
Florida 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
. Philadelphia Area $13,520,000- $16,900,000 Pennsylvania Pittsburgh Area $2,800,000 -$3,500,000 Dallas/Fort Worth/Arlington Area $13,520,000- $16,900,000 Texas 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
Total $615,000,000
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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 PerformanceEnd 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 ofthe 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 ofrelative 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 ofNIMS. 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 of2002, 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 ofthe 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. Apnlication and Submission Information
1. Key Dates and Times
a. Application Start Date: February 14, 2020
b. Application Submission Deadline: April 30 14, 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 ofthe 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 ifthere 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 askcsidferna.dhs.gov, 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 DIJNS Number 3/16/2020 3/1/2020
Obtain a valid Employer 3/16/2020 3/1/2020 Identification Number (EIN) Update SAM registration 3/16/2020 3/1/2020
Submit the initial application in 4/23/2020 4/8/2020 Grants.gov Submit the final application in ND 4/30/2020 4’15’2020, 5 00 p m ET Grants
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 forAward Management (SAM)
To apply for an award under this program, all applicants must:
a. Apply for, update, or verify their Data Universal Numbering System (DIJNS) 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 citov 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 ofreceipt, 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 oftimely 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 4-&, 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 ofthis 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 ofthe following in ND Grants:
• Investment Justification (the Investment Justification Template may be found in the Related Documents Tab of the Grants.gpy posting and used as a preparation tool; responses to questions in the Template are entered into theGRT);
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• List ofUrban Area Working Group (UAWG) and Senior Advisory Committee (SAC) members;
• SAC charter;
• UAWG charter; and
• Indirect Cost Agreement, ifthe 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
• 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 ofthe terms contained in this section will be considered by DHS/FEMA in its evaluation of the effectiveness ofthe 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 ofterrorism;
• 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 ofterrorism; and/or
• Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act ofterrorism 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 (51GB) 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 ofthe project, the project description, the name ofthe subrecipient, if applicable, the recipient type (e.g., state or local), the project location (zip code of the primary location ofthe 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 ofthe 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 ClO, CISO or equivalent for each recipient should complete the NCSR. If there is no ClO 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 ofsimple 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 ofthe 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 ofthe 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 ofthe Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support ofthe 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 ofterrorism.
Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support ofthe 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 ofthe 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 ofthe 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 ofrapidly 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 aircrafi systems, artificial intelligence, and biotechnology increase opportunities ofthreat 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 ofthe effectiveness ofthe 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 Agççy.
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 ofprojects 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 ofthe 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) andlor 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 ofthe 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 ClO, CISO or equivalent for each recipient should complete the NCSR. If there is no ClO 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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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 ofsuch 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 ofthe state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency.
Soft Target Investment Justification (5 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because oftheir 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 ofthe 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.
As noted above, given the importance ofthe Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support ofthe 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 ofthe homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is
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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 ofthe 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 ofthe effectiveness ofthe 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 ofIntelligence and Analyj.
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 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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• Ifthe 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 ofthe proposed funding.
The XFusion enhancementproject wilifund:
• Salaries, benefits, and trainingfor X number ofFusion Center intelligence analysts • Travel costs associated withfusion center analyst training. • This project will directly sustain the Center ‘s current capabilities andperformance and directly aligns with performance measures 2020.XXX
• We anticipate seeing an improvement in the quality and quantity ofanalytic production and responses to requestsfor information as a direct result ofthe funding ofthisproject.
The funding itemization for a fusion center project should include the amount and percent of each relevant solution area. As an example:
Solution Area andAmount ofProposed Percent ofProposed
Funding 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 ofthe 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 ofthe agencies, points of contact, and individual funding requests. All CONOPs/Applications must be developed in collaboration with Page24of4l
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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 ofterrorism.
Given the importance of information sharing and collaboration to effective homeland security solutions, the CONOP must be in support ofthe 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.
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 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.
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Given the increased risk of emerging threats, the CONOP must be in support ofthe 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/codificationlexecutive-order/123 72.htrnl; https://www.whitehouse.gov/wp-content/uploads/201 7/1 1/SPOC-Feb.-201 8.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 ofthe 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 (AARIIP) 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 projectrelated 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 of2 C.F.R. Part 200, the Uniform Administrative Requirements, Cost Principles, andAudit 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 ofthe program. All recipients and subrecipients of HSGP funds, including SHSP, UASI, and OPSG allocations, may not use more than 50 percent oftheir 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 Reimbursementfor Intelligence Cooperation and Enhancement ofHomeland Security Act of2008 (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 themanagement 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 ofthis total for M&A, the state must still ensure that all subrecipient award amounts meet the mandatory minimum passthrough 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 ofthe 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 Page29of4l
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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.
SAA2:
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 (TB) 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 aDplY to awards made in FY 2020 under this NOFO. The TB 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&A1) 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.
0. 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 ofthe Homeland Security Act of2002, 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 of2002, 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 Requirementsfor Federal Awards). Funds under HSGP may be used to cover the costs for evaluating the impact ofthese grants on the state or urban area’s core capabilities and capability gaps. This list is not exhaustive, therefore, ifthere 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.
A I 1.’ I A A
Allowable Planning Costs
Developing hazard/threat-specific annexes N
Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA nationalinitiatives N
Developing related terrorism and other catastrophic event prevention activities N Developing and enhancing plans and protocols N
Developing or conducting assessments N
Hiring offull- or part-time staffor contract/consultants to assist with planning activities N
Materials required to conduct planning activities N
Travel/per diem related to planning activities
Overtime and backfill costs (in accordance with operational Cost Guidance) Issuance of WHTI-compliant Tribal identification cards N N Activities to achieve planning inclusive ofpeople with disabilities and others with access and functional needs and limited En lish roficienc . N for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time.
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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Coordination with Citizen Corps Councils for public information/education and development of volunteer programs ‘ N
Update governance structures and processes and plans for emergency communications N Development, and review and revision of continuity of operations plans N Development, and review and revision of the THIRA/SPR continuity of operations plans N TMlowable 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 ofthe grant.
Program management N
Development of whole community partnerships N
Structures and mechanisms for information sharing between the public and private sector N
Implementing models, programs, and workforce enhancement initiatives N Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors N
Operational support N
Utilization ofstandardized resource management concepts 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 N Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) Overtime for information, investigative, and intelligence sharing activities (up to 50 percent of the allocation) •
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).
Allowable Equipment Categories
Personal Protective Equipment
Allowable Equipment Categories
Explosive Device Mitigation and Remediation Equipment N CBRNE Operational Search and Rescue Equipment N
Information Technology
Cybersecurity Enhancement Equipment N
Interoperable Communications Equipment
Detection
Decontamination N
Medical countermeasures
Power (e.g., generators, batteries, power cells)
CBRNE Reference Materials N
CBRNE Incident Response Vehicles N
Terrorism Incident Prevention Equipment
Physical Security Enhancement Equipment
Inspection and Screening Systems
Animal Care and Foreign Animal Disease N
CBRNE Prevention and Response Watercraft N
CBRNE Prevention and Response Unmanned Aircraft N
CBRNE Aviation Equipment N
CBRNE Logistical Support Equipment N
Intervention Equipment (e.g., tactical entry, crime scene processing) Critical emergency supplies N
Vehicle acquisition, lease, and rental N N
Other Authorized Equipment
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Allowable Training Costs
Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-s onsored and a roved trainin classes N
Overtime and backfill expenses for part-time and volunteer emergency response ersonnel artici atm in DHS/FEMA trainin N
Training workshops and conferences
Activities to achieve training inclusive ofpeople with disabilities and others with access and functional needs and limited En lish roficienc N Full- or part-time staff or contractors/consultants
Travel
Supplies N
Instructor certification/re-certification N
Coordination with Citizen Corps Councils in conducting training exercises N Interoperable communications training N
Activities to achieve planning inclusive ofpeople with limited English proficiency N Immigration enforcement training
4I!:w ExerciseRelatedCosts
Design, Develop, Conduct, and Evaluate anEXerciSe N
Full- or part-time staffor N
Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises N Implementation of HSEEP N
Activities to achieve exercises inclusive of people with disabilities and others with N
lnteroperable communications exercises
Allowable Exercise Related Costs
Activities to achieve planning inclusive of people with limited English proficiency 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 corn liance with re ortin and data collection re uirements Development of operating plans for information collection and processing necessary to res ond to DHS/FEMA data calls
Overtime and backfill costs
Travel
Meeting related expenses
Authorized office equipment
Recurring expenses such as those associated with cell phones and faxes during the PoP of the rant ro ram N
Leasing or renting of space for newly hired personnel during the PoP of the grant Pro ram N
Law Enforcement Terrorism Prevention Activities (LETPA) Costs Integration and interoperability of systems and data, such as CAD and RMS. to facilitate the collection, N
Maturation and enhancement of designated state and major Urban Area fusion centers N
Coordination between fusion centers and other analytical and investigative efforts N
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E. ADDlication 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 ofterrorism faced by a given area considering the potential risk ofterrorism 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 ofthe 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.
Implementation and maintenance ofthe Nationwide SAR Initiative Implementation of the ‘If You See Something, Say Something®11 campaign Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical Building and sustaining preventive radiological and nuclear detection capabilities N
N
N
N
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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 finding 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 ofthe project and foster a culture of national preparedness;
• A summary ofthe collaboration efforts to prevent, prepare for, protectagainst, and respond to acts of terrorism as well as anticipated outcomes ofthe 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 ofterrorism, 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 ofterrorism, 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 ofthe 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 ofthe 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 ofthe 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 0MBdesignated 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 ofmanagement 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, 0MB Memorandum M-1 8-18 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 MicroPurchase 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 itselfthat 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 reviewof 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 ofthe funds awarded under the SHSP and UASI to local or tribal units of government within 45 calendar days of receipt of the funds. “Receipt ofthe funds” occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice ofthe 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 ofreceiving notice ofthe 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 ofthe local unit(s) of government. This may occur only with the written consent ofthe 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. Ifmodifications 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 ofrequired 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. EL
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 gpdehpinfo(fema,dhs.gov. EHP Technical Assistance, including the EHP Screening Form, can be found online at https://www,fema.gov/media-library/assets/documents/90 195.
2. Systems Information
Grantsgov
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.
In 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.
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LOS ANGELES COUNTY/DEPARTMENT OF AUDITOR-CONTROLLER
SHARED SERVICES DIVISION
GRANT PAYMENT REQUEST
EXHIBITG
ZJZLZZZiE!ftZZ
___________________________________ n_III 1. Sub-recipients Name: (reimbursement check will be made payable to a payee entered 3. Taxpayer ID #: 4. Contacts Name:
2. Mailing Address (please let us know where you want your check delivered, including attention line if necessary): 4. Contacts phone:
4. Contacts e-mail:
SECTION C: DETAIL PAYMENT REQUEST INFORMATION
- 4. EHP required? - 6 PURCHASE METHOD
1. SOLUTION AREA 2. - (Environmental & Historic 5 VENDORS INVOICE # - — 7.CLAIM (e.g. equipment, training, (e g 011 22) Preservation) (Maximum of 5 invoices) ‘ - AMOUNT planning, exercise, organization) (indicate the
amount per each
line) If Competitive, Non-Competitive indicate the # of Sole Source Bid bids.
NOTE: This Form is intended for Internal SSD review purpose only. Revised on December 2019 Please submit Grant Payment Request Form along with gjIe supporting documents to:
Grantsâauditor.Iacounty,qov
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
3470 Wilshire Blvd., Suite 812
Los Angeles, CA 90010
1. Grant Name & Year:
No Yes
(attach State
Approval)
8. TOTAL -
I certify that (please use the checkbox):
LI
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 STAMP WITH RECEIVED DATE HERE:
assurances.
j 2. All instructions for this form were followed and all the supporting documentation (per instructions) is included with this claim.
3. AUTHORIZED SIGNATURE DATE
4. AUTHORIZED PRINTED NAME AUTHORIZED TITLE
5 AUTHORIZED CONTACT INFORMATION (If different from Section B): ASSIGNED INVOICE NO.:
PHONE#
E-MAIL:
EXHIBIT G
COUNTY OF LOS ANGELES
DEPARTMENT OF AUDITOR-CONTROLLER I SHARED SERVICES DIVISION [
Purpose of these instructions:
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.
In numeral I 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. • Ensuring that all documents attached to your Grant payment requests are legible. • 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.
The following numerals provide the instructions to fill in the corresponding numeral in the form:
1. 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.
2. 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.
4. Please enter the information of the person that can assist us with detail claim questions.
In order to expedite your Grant payment request, in this area’s grid, include a maximum of five (5) invoices or reimbursements charaes (one charge or one invoice er line). The invoices or charges need to share the same solution area, project #.
The following numerals provide the instructions to fill in the corresponding numeral in the form:
1. 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.
2. 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.
4. 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 jpj to the start of the project on certain equipment items (see AEL description) or training/exercise projects. Please attach the following:
a) State EHP Approval: if required by the state for your claim.
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EXHIBIT G
5. 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:
a) El 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. b) LI 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
d) LI 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 banks cleared check. e) LI 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. f) LI 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.Qov/oortal/public/SAM. (you will need a username and a password; if you dont please create an account). The listing needs to be queried I2: to the selection of the vendor.
6. 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 leave blank or mark more than one). Please note that competitive bid, non-competitive bid or sole source are the only valid purchasing methods. a) LI Competitive Bid: for projects that received more than one bid. Please indicate number of bids received (must be more than one). b) LI 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 J2i9J to the start of the project. c) LI 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 jçj to the start of the project.
7. 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.
8. Enter the Total Amount by adding the subtotal claims included in each line.
The following numerals provide the instructions to fill in the corresponding numeral in the form:
I. Please read and check the box provided if you are an authorized signor.
2. Please read and check the box provided if you are an authorized signor.
3. Please sign the Grant payment request if you are an authorized signor of your agency. 4 & 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
5. authorized person and the contact person in Section B are different, please enter all the fields in this area as requested.
Page3ofl4 Revised on 11/20/2017
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 orocedures 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 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.
For Training Claims:
a) Li 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.
b) Li 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. c) 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.
If you are including personnel cost with your training claim, please add the following:
d) j 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. e) 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 f) LI 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 verifiedlapproved by an authorized signatory, with printed name and title, and dated.
g) Li 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.
h) Li 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. i) j 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.
For Equipment Claims:
a)Li
EXHIBIT G
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EXHIBIT G
i) LI 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. k) LI 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.
For Planning Claims:
a) Deliverable (or final product): Please include with your claim the final product of the planning activity (deliverable) that was identified in the grant award.
b) LI Signed Certificate of Completion: The certificate of completion can be an e-mail confirming that the planning activity was completed. c) LI 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).
d) LI 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:
a) LI 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/
b) LI 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).
c) LI 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 bi and c) under Exercise Claims Page5ofl4 Revised on 11/20/2017
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
EXHIBIT G
EXHIBIT G
Equipment Inventory Listing
Procedures for Completion
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 eliminate duplication and confusion.
Field Date Element Procedure
(1) Grant Name SHSP or EMPG
(2) Sub-Recipient Name of your agency
(3) Date of Report Date report completed {l}
(4) Grant Year Grant Year of funds used to purchase equipment (5) Project # Project Number (from Grant Workbook Project Sheets) (7) AEL No. Authorized Equip Listing No (from Grant Workbook) (8) Description Description of the equipment
(9) Serial # or Other ID # Serial # or Other identification # used (10) Safecom consult Fill out either by Yes, No, or N/A (11) Source of Property Funding source, Le, SHSP, EMPG, etc. (12) Title Holder Name of agency (City/Department)
(13) Vendor Name Name of the vendor
(14) Invoice Number Invoice number
(15) Acquisition Date Date equipment acquired
(16) Acquisition Cost Cost of the individual equipment item (17) % of Fed Part Fed participation in the cost of equipment (18) Location Location of equipment
(19) Use & Condition Use & condition {2}
(20) Disposition data Date of disposition
(21) Sale Price Sale price, If applicable, or N/A for not applicable The Equipment Inventory Listing jybe completed in its entirety to meet the objective of the form.
Note {1}: This date should be the date the physical inventory of equipment was taken and the results reconciled with the equipment records (at least once every two years).
{2} Indicate: N = New, D = Deployed, 0 = Out of Service, L = Lost & S = Stolen Distribution
Copy maintained in sub-recipient file
Copy forwarded to Shared Services Division
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
- -
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
- -
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
EXHIBIT G
8. Notes on Personnel Cost:
In general, costs associated with:
LI Work performed under contract for a specific deliverable DOES NOT count against the personnel cap, however,
LI 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
LI 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:
LI Vendor installation of a radio tower;
LI Vendor training on new equipment purchased;
LI Contractor hired to create an Emergency Operations Plan; LI Contractor hired to provide deliveries of ICS 400; and LI 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:
LI Contractor hired to be the State’s WMD training instructor with no specific deliverables under contract;
LI Contractor hired to facilitate unidentified number of exercises throughout the performance period;
LI Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year; and LI Contractor hired to be an intelligence analyst.
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
FMFW v1.15a - 2015
EXHIBIT G
FMFW v1.15a - 2015
EXHIBIT G
EXHIBIT H
Work Order No. 9-25A
Subrecipient Monitoring Instrument
Subrecipient Monitoring Instrument
PROJECT TIUE
Los Angeles county State Homeland Security Program
Monitoring Reports for Fiscal Year 2020-21
A. FINANCIAl. REPORTING REQUIREMENTS
Oblective
To determine that the Subrecipient implemented corrective action to address findings noted in its Single Audit that is related to the Homeland Security Grant.
Verification Yes No Comment
1. Was a Single Audit completed for Grant Year 2018-19
and 2019-20?
2. If yes, did the Subrecipient forward a copy to the
Homeland Security Grant Administrator (HSGA) by
March 30th of the year following the audit?
3. Did the Single Audit(s) identify findings related to the Homeland Security Grant? if yes, please continue.
If no, please mark N/A and continue to Section B.
4. Did the Subrecipient develop a corrective action plan that addresses the finding(s)?
5. Did the Subrecipient send a copy of a corrective action plan to the HSGA?
6. Did the Subrecipient implement the corrective action plan?
EXHIBIT H
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
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
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
C. PLANNING (Continued)
Verification p 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
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,
I) 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
D. EQUIPMENT (ContInued)
Verification I!! q 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 ofthe 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 CaI/OES, stepsto 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
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
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
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.?
Page lOofli
EXHIBIT H
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.
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.
RESOLUTION NO. 22-R-________
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A
GRANT UNDER THE FISCAL YEAR 2020 STATE HOMELAND
SECURITY PROGRAM (SHSP 20) AND APPROPRIATING FUNDS FOR
MOBILIZATION EXERCISES
The Council of the City of Beverly Hills does hereby resolve as follows:
Section 1. The City of Los Angeles administers the Fiscal Year 2020 State Homeland Security Program (SHSP) grant (“Grant”) for the Los Angeles/Long Beach area.
Section 2. The City of Beverly Hills hereby appoints the Mayor or his designee as agent of the City of Beverly Hills to apply for and accept the Grant from the County of Los Angeles, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for administration of the Grant.
Section 3. Appropriation of funds in the amount of $7,000.00 is authorized as follows:
FROM: TO:
$7,000.00 191-300000 $7,000.00 19103101 -71 3000-2OHF
Fund 191 Fire-SHSP 20 Grant
Fire Grant Fund Balance
Purpose: For the Fire Department’s Mobilization Exercises (MOBEX).
Section 4. The City Clerk shall certify to the adoption of the Resolution and shall cause the Resolution and her certification to be entered in the Book of Resolutions of the Council of the City.
[Signatures on following page.]
B0785-0001\2689746v1 doe 1
Adopted:
LILI BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
HUMAAHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
JEFF S. MUIR
Director of Finance
GREGORY W. BARTON
Fire Chief
B0785-0001\2689746v1 doc 2
RESOLUTION NO. 22-R-________
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A
GRANT UNDER THE FISCAL YEAR 2020 STATE HOMELAND
SECURITY PROGRAM (SHSP 20) AND APPROPRIATING FUNDS FOR
MOBILIZATION EXERCISES
The Council of the City of Beverly Hills does hereby resolve as follows:
Section 1. The City of Los Angeles administers the Fiscal Year 2020 State Homeland Security Program (SHSP) grant (“Grant”) for the Los Angeles/Long Beach area.
Section 2. The City of Beverly Hills hereby appoints the Mayor or his designee as agent of the City of Beverly Hills to apply for and accept the Grant from the County of Los Angeles, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for administration of the Grant.
Section 3. Appropriation of funds in the amount of $7,000.00 is authorized as follows:
FROM: TO:
$7,000.00 191-300000 $7,000.00 19103101-71 3000-2OHF
Fund 191 Fire-SHSP 20 Grant
Fire Grant Fund Balance
Purpose: For the Fire Department’s Mobilization Exercises (MOBEX).
Section 4. The City Clerk shall certify to the adoption of the Resolution and shall cause the Resolution and her certification to be entered in the Book of Resolutions of the Council of the City.
[Signatures on following page.]
B0785-0001\2689746v I .doc 1
Adopted:
LILI BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
HUMAAHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
JEFF S. MUIR
Director of Finance
GREGORYW. BARTON
Fire Chief
B0785-0001\2689746v1 .doc 2
Attachment 3
SUBAWARD AGREEMENT
Subrecipient: City of Beverly Hills
Title: FY 2022 Urban Area Security Initiative (UASI) Grant Program City Contract Number
TABLE OF CONTENTS
Section . . Page Section Title Number Number
I. GENERAL INFORMATION
§1.1 Federal Award Information I
§1.2 Subaward Information and Period of Performance 1
§1.3 Parties and Notice 2
§1.4 Authorities 3
II. SUBAWARD TERMS AND CONDITIONS
§2.1 SummaryofRequirements 4
§2.2 City Adminstrative Requirements 4
§2.3 DHS and CaIOES Requirements 7
§2.4 Uniform Requirements for Federal Awards 12
III. STANDARD PROVISIONS
§3.1 Independent Party 17
§3.2 Construction of Provisions and Title Herein 17
§3.3 Applicable Law, Interpretation and Enforcement 17
§3.4 IntegratedAgreement 17
§3.5 Excusable Delays 18
§3.6 Breach 18
§3.7 Prohibition Against Assignment and Delegation 18
§3.8 Indemnification 18
§3.9 SubcontractorAssurances 19
§3.10 Remedies for Noncompliance 19
§3.11 Termination 19
§3.12 Amendments 20
§3.13 Complete Agreement 20
Signature Page 21
UASI 21 Subaward Agreement i
EXHIBITS
Exhibit A DHS Standard Conditions
Exhibit B 2021 Standard Assurances for all Cal QES Federal Grant Programs Exhibit C Financial Management Forms Workbook
Exhibit D Modification Request and Reimbursement Request Forms Exhibit E CaIOES Forms
Exhibit F Grants Management Assessment Form
UASI 21 Subaward Agreement ii
AGREEMENT NUMBER
OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF BEVERLY HILLS
THIS SUBAWARD AGREEMENT (“Agreement” or “Contract”) is made and entered into by and between the City of Los Angeles, a municipal corporation (the “City”), and the City of Beverly Hills, (“Beverly Hills”), (“Subrecipient”) (the “Subrecipient”). In consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the City and Subrecipient (each a “Party” and collectively, the “Parties”) agree as follows:
I. GENERAL INFORMATION
§1.1 Federal Award Information
The “Federal award” (as such term is defined in the Code of Federal Regulations (“CFR”), 2 CFR §200.38, and used in this Agreement) is the Fiscal Year (FY) 2021 Urban Area Security Initiative Grant Program, FAIN # EMW-2021-SS00081, CFDA #97.067, Federal Award Date July 16, 2021. This is not a “Research & Development” award as defined in 2 CFR §200.87 and 200.331, and there is no “indirect cost rate” for this federal award as defined in 2 CFR §200.56 and 200.331.
The “Federal awarding agency” (as such term is defined in 2 CFR §200.36 and used in this Agreement) is the United States Department of Homeland Security, Federal Emergency Management Agency, Grants Program Directorate (“DHS”).
The State of California, through its Governor’s Office of Emergency Services (“CaIOES”), acts as the “pass-through entity” (as such term is defined in 2 CFR §200.74 and used in this Agreement) for the subaward of the Federal award to the City for the benefit of the Los Angeles/Long Beach Urban Area (“LAILBUA”) in the amount of $55,420,000.00
The City, acting through its Mayor’s Office of Public Safety (“Mayor’s Office”), acts as the pass-through entity for this subaward of the Federal award to Subrecipient.
§1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward (“Subaward”) of the Federal award upon the terms and conditions set forth in this Agreement:
Subaward amount: $ 287,242.00
Subaward Period of Performance (“Term”): September 1, 2021 to May 31, 2024
UASI 21 Subaward Agreement 1
Match Requirement: None
Subrecipient Identifier: 075292003
Indirect Cost Rate for Subaward: None
The term of this Agreement shall be the “Term” as set forth in this Section 1.2. §1.3 Parties and Notice
The Parties to this Agreement, and their respective representatives who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:
Party: City of Los Angeles
Authorized Representative: Reuben Wilson, Acting Deputy Mayor Authorized Department: Mayor’s Office of Public Safety
Address, Phone, Fax, E-mail: 200 North Spring Street, Room 303 Los Angeles, CA 90012
Phone: (213) 978-0600
Email: Reuben.Wilson(lacity.orq
Party: City of Beverly Hills
Authorized Representative: Maria Lara
Authorized Department: Beverly Hills Police Department
Address, Phone, Fax, E-mail: 464 North Rexford Drive
Beverly Hills, CA 90210
Phone: (310) 285-2190
Email: mlara(beverIyhills.orq
With a copy to: Gregory W. Barton
Beverly Hills Fire Department
445 North Rexford Drive
Beverly Hills, CA 90210
Phone: (310) 285-2190
Email: [email protected]
Michael J. Liongson
Beverly Hills Fire Department
445 North Rexford Drive
Beverly Hills, CA 90210
Phone: (310) 285-2190
Email: mliongsonbeverlyhills.org
UASI 21 Subaward Agreement 2
With a copy to: Mark Stainbrook
Beverly Hills Police Department
464 North Rexford Dr.
Beverly Hills, CA 90210
Email: [email protected]
Formal notices, demands and communications to be given hereunder by either Party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this section, within five business days of said change.
§1 .4 Authorities
The Los Angeles City Council and the City’s Mayor have accepted the Federal award and have authorized the City to execute this Agreement (C.F. #21-1320; I /22)
Subrecipient warrants that it has obtained written authorization from its governing board or authorized body to execute this Agreement and accept and use the Subaward. Subrecipient further warrants that such written authorization specifies that Subrecipient, governing board or authorized body agree:
a. That any liability arising out of the performance of this Agreement shall be the responsibility of Subrecipient, governing board or authorized body. b. That Subaward funds shall not be used to supplant expenditures controlled by governing board or authorized body.
c. That the official executing this Agreement is authorized to do so. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply with all terms and conditions set forth in this Agreement, which includes all guidance, regulations and requirements (collectively, “Requirements”) of the Federal awarding agency and CaIOES that are applicable to a recipient and/or subrecipient of a Federal award or grant. Such Requirements are set forth in the following documents and incorporated herein by this reference: (1) Department of Homeland Security FY 2021 Homeland Security Grant Program Notice of Funding Opportunity (“DHS NOFO”), (2) FY 2021 DHS Standard Terms and Conditions (“DHS Standard Conditions”) (Exhibit A), (3) FEMA Information Bulletins (“IB”), (4) CaIOES 2021 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity (“CaIOES Supplement”), (5) CalOES 2021 Standard Assurances for All CalOES Federal Grant Programs (“CaIOES Assurances”) (Exhibit B), (6) CaIOES Grant Management Memos (“GMM”), and (7) the cost principles, uniform administrative requirements and audit requirements for federal grant programs as housed in Title 2, Part 200 of the CFR and in updates issued by the Office of Management and Budget (“0MB”) on http:///www.whitehouse.gov/omb/.
Subrecipient hereby certifies that it has the institutional, managerial and financial capability to ensure proper planning, management and completion of its projects being funded by the Subaward (Exhibit C).
§2.2 City Administrative Requirements
A. Subrecipient acknowledges and agrees that the City is acting as a “passthrough entity” (as such term is defined in 2 CFR §200.74 and used in this Agreement) for this Subaward and that the City shall have the rights and obligations relating to this Subaward and its administration as set forth in this Agreement and in 2 CFR Part 200.
B. Subrecipient and the City have previously completed a mutually approved Budget/Expenditure Plan as incorporated in the Financial Management Forms Workbook (the ‘Workbook”), which is pending approval by CalOES (the “Budget”) and is attached hereto as Exhibit C. Upon approval by CaIOES, such Budget shall be the effective Budget for this Agreement.
The Workbook contains detailed listings of items and projects and the amount of Subaward funds allocated for such items and projects. The City shall provide Subrecipient with an electronic Workbook of Subrecipient’s projects. Subrecipient shall use the Subaward funds strictly in accordance with the Workbook, and any expenditures not so made shall be deemed disallowed under this Subaward.
Any request by Subrecipient to modify the Workbook must be made in writing and accompanied by a completed Modification Request Form UASI 21 Subaward Agreement 4
(attached hereto as Exhibit D), all required supporting documentation and a revised Workbook showing such modification. Workbook modification requests must be submitted prior to deadlines set by the City. Inaccurate or incomplete requests shall be returned to the Subrecipient for revision.
Subrecipient shall not expend any funds on modified Workbook items until such modification is approved by the City and CaIOES.
C. Subrecipient previously submitted to the City a Project Application in connection with the Subaward, which included a Project Timeline (“Project Timeline”) setting forth milestones and completion dates for projects funded under the Subaward. Subrecipient shall manage its projects in accordance with the Project Timeline and provide, in a timely manner, any plans and reports requested by the City regarding the status of such projects. If a Workbook modification request requires a modification to the Project Timeline, Subrecipient shall update the Project Timeline accordingly and submit it along with its Workbook modification request for approval.
D. Subrecipient shall complete and deliver to the City all forms required by CaIQES pertinent to the implementation of Subrecipient’s projects under the Subaward. Such forms, which are collectively attached hereto as Exhibit E, include: (1) an aviation equipment request form, (2) a watercraft equipment request form, (3) an Environmental and Historical Preservation (“EHP”) request form, and (4) a sole source procurement request form.
Approval of such requests and forms shall be made by the City and CaIOES in their respective sole discretion. Subrecipient acknowledges that all such forms must be approved by the City and CaIOES priorto expending Subaward funds. Failure to gain advance approval of such completed requests and forms by the City and CaIOES may result in the disallowance of such costs incurred by Subrecipient.
E. Subrecipient agrees that any equipment, product, service or activity funded with this Subaward shall comply with any and all technological and/or interoperability specifications and standards as may be approved by the LA/LBUA region, and any such equipment, product, service or activity not so compliant shall be not eligible for funding by this Subaward.
Subrecipient shall further ensure that it retains from its contractors, subcontractors, and vendors all rights related to inventions, copyrightable materials, and data for which the Federal awarding agency and CaIOES has rights to, as more fully set forth in 2 CFR §315 and Section 2.3.P. of this Agreement.
F. Any “equipment” (as such term is defined in 2 CFR §200.33 and used in this Agreement) acquired or obtained with Subaward funds: (1) shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with UASI 21 Subaward Agreement 5
representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the LAILBUA, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; (2) shall be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy; and (3) shall have an LA/LBUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible and prominently marked as follows: “Purchased with funds provided by the U. S. Department of Homeland Security.”
Subrecipient shall take a physical inventory of all equipment acquired or obtained with Subaward funds and reconcile the results with equipment records at least once every year.
G. This Subaward is not a “fixed amount award” as such term is defined in 2 CFR §200.45. Subrecipient agrees that disbursement of this Subaward to Subrecipient shall be made on a reimbursement method. If Subrecipient requests advance payment of Subaward funds, Subrecipient shall comply with, and provide evidence to the City of compliance with, the criteria and obligations related to the use of advance payments as set forth in 2 CFR §200.305 as well as satisfying any other City and CaIOES requirements for advance payments.
In requesting reimbursement from Subaward funds, Subrecipient shall provide to the City a completed Reimbursement Request Form (attached hereto as Exhibit D) along with invoices, purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and any other supporting documentation necessary to fully and accurately describe the expenditure of funds for which reimbursement from the Subaward is requested (collectively, the “Reimbursement Request”). All such supporting documentation for the Reimbursement Request shall satisfy applicable Federal, State and City audit and review standards and requirements. Such documentation shall be prepared at the sole expense and responsibility of Subrecipient, and the City and the Subaward will not reimburse the Subrecipient for any costs incurred for such preparation.
The City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. Inaccurate and/or incomplete Reimbursement Requests shall be returned to Subrecipient for revision.
The City shall forward Reimbursement Requests to CaIOES for payment within thirty (30) days of receipt, provided such request is deemed accurate and complete. The City shall reimburse Subrecipient within thirty (30) days of its receipt of funds from CaIOES.
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Final Reimbursement Requests for this Subaward must be received by the City no later than One Hundred Twenty (120) days prior to the end of the Term to allow the City sufficient time to complete close-out activities for this Subaward (the “Reimbursement Deadline”). Any Reimbursement Request submitted after the Reimbursement Deadline shall be rejected unless approved by the Mayor’s Office in advance of the Reimbursement Deadline. After the Reimbursement Deadline, any unexpended Subaward funds may be re-directed to other needs across the LAILBUA region. The City will notify Subrecipient, in writing, when unexpended Subaward funds may be re-directed.
H. Subrecipient acknowledges that the City makes no commitment to disburse Subaward funds beyond the terms set forth herein and that funding for all periods during the Subaward Term is subject to the continuing availability to the City of federal funds for this Subaward from CaIOES and the Federal awarding agency. This Agreement may be terminated immediately upon written notice to Subrecipient of any loss or reduction of Subaward funds.
Subrecipient shall comply with all federal, state, and local laws and regulations for vaccine requirements. Each Subrecipient shall comply with their own policies and mandates for Covid-19 vaccine requirements. §2.3 DHS and CaIOES Requirements
Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CaIOES which are applicable to this particular Subaward and set forth in Section 2.1. Some of these DHS and CaIOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources.
Upon request by the City, CaIOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CaIOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of UASI 21 Subaward Agreement 7
federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CaIOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CaIOES Assurances. In connection thereto, Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form-LLL “Disclosure Form to Report Lobbying” in accordance with its instructions.
3. Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §1501-1 508 and §7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending UASI 21 Subaward Agreement 8
those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b. above; and
4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non discrimination, including, without limitation, those statutes and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CaIQES Assurances.
Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12 101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, etseq.; 24 CFR Parts 100, 103, and 104 (FHA) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in UASI 21 Subaward Agreement 9
accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability.
Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the Environmental Standards section of the CaIOES Assurances.
Subrecipient shall comply with the provisions set forth in the ReportingAccountability section of the CaIOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CaIOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CaIOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the PropertyRelated section of the CaIOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally-Funded Construction Projects section of the CaIOES Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section of the CaIQES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (P11) section of the CaIOES Assurances.
0. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CaIOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos.
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P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CaIOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CaIQES Assurances.
Q. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CaIOES Assurances.
R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain.
Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CaIOES Assurances.
U. Subrecipient must ensure that any project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CaIOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing E.O. 13224, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.
W. Subrecipient acknowledges and shall comply with the following Special Conditions and Corrective Actions applicable to this UASI 21 Subaward:
1. Subaward funding is subject to restricted drawdown for the duration of the Term;
UASI 21 Subaward Agreement 11
2. Subrecipient shall submit sufficient documentation to support expenditures prior to reimbursement or advance of funds.
Documentation must include invoices, timesheets, evidence supporting overtime and backfill costs, cancelled checks or other proof of payment, and copies of related contracts (See §2.2.G). CaIOES may request additional procurement material. CaIOES will not issue reimbursement or advance payment until the documentation is reviewed and the payment is determined to be adequately supported;
3. The professional services agreement between Motorola and LA-RICS for the LMR System may not be used to purchase subscriber equipment unless meeting one of four federal exceptions to necessitate noncompetitive procurement;
4. Failure to comply with these conditions may result in disallowed costs or additional restrictions on current and future subaward funding, pursuant to 2 CFR §200.205 and §200.338.
§2.4 Uniform Requirements for Federal Awards
Subrecipient acknowledges that this Subaward is a “Federal award” as such term is defined in 2 CFR §200.38 and that Subrecipient’s use of this Subaward is subject to the uniform administrative requirements, cost principles, and audit requirements for Federal awards which are codified in 2 CFR Part 200 (the “Uniform Requirements”). Subrecipient agrees that it is considered a “nonFederal entity” and a “subrecipient” as such terms are defined in 2 CFR §200.69 and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and be subject to, all provisions, regulations and requirements applicable to a “subrecipient” and a “non-Federal entity” as set forth in the Uniform Requirements. Further, Subrecipient agrees that the City and CaIOES are each a “pass-through entity” as such term is defined in 2 CFR §200.74 and that each of them shall have the rights and remedies of a “pass-through entity” in relation to this Subaward and Subrecipient as set forth in the Uniform Requirements.
Without limitation, some of these Uniform Requirements are set forth below in this Section 2.4.
A. Subrecipient shall disclose to the City any potential conflict of interest in connection to this Subaward and its use in accordance with 2 CFR §200.112.
B. Subrecipient shall comply with the mandatory disclosure requirements for violations of Federal criminal law involving fraud, bribery, or gratuity as set forth in 2 CFR §200.113.
C. Subrecipient acknowledges that the City may impose additional specific conditions to this Subaward in accordance with 2 CFR §200.207, and Subrecipient shall comply with such conditions, including, but not limited to, the sampling of procurements and equipment to ensure grant compliance during the City’s bi-annual monitoring. Subrecipient shall also UASI 21 Subaward Agreement 12
submit any annual certifications and representations deemed required by the City in accordance with 2 CFR §200.208.
D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non-Federal entity regarding financial management and the establishment of a financial management system, all as more fully set forth in 2 CFR §200.302.
Further, Subrecipient shall comply with the requirements set forth in 2 CFR §200.303, which relate to certain obligations required of Subrecipient to maintain internal controls over the use of this Subaward.
Subrecipient shall complete and submit an annual Grants Management Assessment Form to the City (Exhibit F) to evaluate risk and determine grant funding eligibility.
E. In the event this Subaward requires cost sharing or matching of funds from Subrecipient, Subrecipient shall comply with the cost sharing and matching requirements set forth in 2 CFR §200.306.
F. Subrecipient shall comply with the requirements relating to program income as more fully set forth in 2 CFR §200.307.
G. Property Standards
When property (real, tangible or intangible) is, in whole or in part, improved, developed, purchased or otherwise acquired with Subaward funds, Subrecipient shall comply with the regulations set forth in 2 CFR §200. 310 through 200.316 (“Property Regulations”). These Property Regulations include, without limitation, provisions related to the following:
1. Requirements for insurance coverage for real property and equipment.
2. Requirements for title, use, disposition and transfer of title of “real property” (as defined in 2 CFR §200.85).
3. Regulations involving Federally-owned and exempt property.
4. Requirements for title, use, management (including recordkeeping, inventory, control systems and maintenance procedures), and disposition of “equipment” (as defined in 2 CFR §200.33).
5. Requirements for title, use and disposition of “supplies” (as defined in 2 CFR §200.94).
6. Requirements for title, rights, use and disposition of “intangible property” (as defined in 2 CFR §200.59). Such requirements include, without limitation, (a) a reservation of rights by the Federal awarding agency to a royalty-free, non-exclusive and irrevocable right to use certain copyrighted work or work subject to copyright, (b) the rights of the Federal government to data produced under the Subaward, (c) the applicability of the Freedom of Information Act to UASI 21 Subaward Agreement 13
certain research data produced or acquired under the Subaward, and (d) Subrecipient’s compliance with applicable regulations governing patents and inventions, including government wide regulations codified at 37 CFR Part 401.
Subrecipient agrees that it shall hold in trust all real property, equipment and intangible property acquired, developed or improved with Subaward funds in accordance with the provisions set forth in 2 CFR §200.3 16.
H. Procurement and Contracting Regulations
When procuring and/or contracting for property and/or services that are to be paid or reimbursed by any amount of Subaward funds, Subrecipient shall comply with all regulations applying to “non-Federal entities” as set forth in 2 CFR §200.318 through 200.326 (the “Procurement Regulations”). These Procurement Regulations include, without limitation, provisions requiring the following:
1. Documentation and use of procurement procedures in compliance with Procurement Regulations.
2. Contracting oversight and maintenance of written standards of conduct covering conflicts of interest.
3. Compliance with federal standards regarding procurement and award of contracts, competition, and procurement methods.
4. Affirmative steps required to encourage contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.
5. Compliance with Section 6002 of the Solid Waste Disposal Act in the procurement of recovered materials.
6. Requirement to perform a cost or price analysis in connection with procurements.
7. Bonding requirements.
8. Requirement to make procurement documentation available for review by the City, CaIQES and the Federal awarding agency.
In addition, Subrecipient must include in all of its contracts paid or reimbursed in whole or En part with Subaward funds the provisions set forth in Appendix II to 2 CFR Part 200 (Contract Provisions for non Federal Entity Contracts under Federal Awards) as required by 2 CFR §200.326.
Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a non Federal entity as set forth in 2 CFR §200.328, which requires the Subrecipient to oversee and monitor activities supported by the Grant to UASI 21 Subaward Agreement 14
assure compliance with applicable Federal requirements and performance expectations. Further, Subrecipient shall comply with the financial and performance reporting requirements for a non-Federal entity as set forth in 2 CFR §200.327 to 200.329 and any other reporting requirements that may be promulgated by the Federal awarding agency, CaIQES or the City in accordance with such regulations. Such reporting requirements include the provision of any information required for the assessment or evaluation of any activities funded by the Subaward and the reporting of information related to real property in which the Federal government retains an interest.
Subrecipient acknowledges that the City, as a “pass-through entity,” may make various findings, determinations, evaluations and reports regarding Subrecipient and its use of Subaward funds, as set forth in 2 CFR §200.330 to 200.332. In accordance with such regulations, Subrecipient shall comply with, and timely grant to the City and its auditors, any monitoring requests, requests for on-site access to facilities, equipment and personnel, and requests for any other information as may be authorized under such regulations. Subrecipient shall also timely grant to the City and its auditors access to Subrecipient’s records and financial statements as required under 2 CFR §200.331(a)(5). In addition, Subrecipient shall comply with any conditions that may be placed upon Subrecipient as part of the City’s risk evaluation of Subrecipient under 2 CFR §200.331(b).
J. Record Retention and Access
Subrecipient shall comply with all records retention, maintenance, storage, transmission, and collection requirements applicable to a non-Federal entity as set forth in 2 CFR §200.333 to 200.335.
In accordance with the provisions set forth in 2 CFR §200.336, Subrecipient hereby grants the Federal awarding agency, the Inspectors General, the Comptroller General of the United States, CaIOES, and the City, or any of their authorized representatives, the right of access to any documents, papers, or other records of Subrecipient which are pertinent to the Subaward, in order to make audits, examinations, excerpts, and transcripts. This right also includes timely and reasonable access to Subrecipient’s personnel for the purpose of interview and discussion related to such documents. These access rights shall not be limited to any required record retention period but last as long as the records are retained, and access shall not otherwise be limited unless as specifically permitted under 2 CFR §200.336 to 200.337.
Subrecipient shall require any of its subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with the provisions of this Section.
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K. Cost Principles
Subrecipient shall comply with the cost principles for federal awards as set forth in 2 CFR Part 200 Subpart E (“Cost Principles”). Subrecipient acknowledges and agrees that any costs incurred by Subrecipient may only be charged to or reimbursed by Subaward funds if it is incurred in compliance with all Requirements for the Subaward and is also deemed allowable and allocable under the Subaward in accordance with the provisions set forth in the Cost Principles.
L. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and agrees that it is subject to the provisions set forth in 2 CFR Part 200 Subpart F (“Audit Requirements”). Subrecipient shall comply with all provisions applicable to a non-Federal entity and an “auditee” (as defined in 2 CFR §200.6) as set forth in such Audit Requirements, including the requirement to conduct a single audit if applicable.
M. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non-Federal entity as it pertains to the closeout of this Subaward as set forth in 2 CFR §200.343. Subrecipient acknowledges and agrees that it shall continue to comply with the post closeout obligations set forth in 2 CFR §200.344 after closeout of the Subaward and expiration of the Term of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Ill. STANDARD PROVISIONS
§3.1 Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City by virtue of this Agreement.
§3.2 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party.
The word “Subrecipient” herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several.
Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
§3.3 Applicable Law, Interpretation and Enforcement
Each party’s performance hereunder shall comply with all applicable laws of the United States of America, the State of California, the County and City of Los Angeles, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts located in Los Angeles County, California.
If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby. §3.4 Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
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§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party’s willful or negligent acts or omissions and to the extent that they are beyond the party’s reasonable control. §3.6 Breach
Except for excusable delays as described in §3.5 herein, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law.
Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§3.7 Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §3.8 Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
UASI 21 Subaward Agreement 18
A. Pursuant to Government Code Sections 895.4 and 895.6, the parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section 895.
C. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated. §3.9 Subcontractor Assurances
Subrecipient shall contractually obligate all of its contractors, subcontractors and vendors funded by Subaward funds as may be required to ensure that Subrecipient can comply with all of the Requirements and other provisions of this Agreement.
§3.10 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to comply with the terms and conditions of this Agreement or with any Requirements referenced in Section 2.1 above, the Federal awarding agency, CaIOES or the City shall have the right to take one or more of the actions set forth in 2 CFR §200.338. Such actions may include, without limitation, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward. Any costs incurred by Subrecipient during a suspension or after termination of the Subaward shall not be considered allowable under the Subaward unless allowed under 2 CFR §200.342. Subrecipient shall be liable to the Federal awarding agency, CaIOES and the City for any Subaward funds the Federal awarding agency or CaIOES determines that Subrecipient used in violation of any Requirements reference in Section 2.1 above, and Subrecipient shall indemnify and hold harmless the City for any sums the Federal awarding agency or CalOES determines Subrecipient used in violation of such Requirements.
Subrecipient shall be granted the opportunity to object to and challenge the taking of any remedial action by the Federal awarding agency, CaIOES or the City in accordance with the provisions set forth in 2 CFR §200.341. §3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to disburse to or reimburse Subrecipient in connection thereto, may be terminated in whole or in part by the Federal awarding agency, CaIOES or the City as set forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the UASI 21 Subaward Agreement 19
Subaward only as set forth in 2 CFR §200.339. In the event the Subaward is terminated, all obligations and requirements of this Agreement and the Grant shall survive and continue in full force and effect in connection with any portion of the Subaward remaining prior to such termination, including, without limitation, the closeout and post closeout requirements set forth in this Agreement. §3.12 Amendments
Any change in the terms of this Agreement, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto.
§3.13 Comtjlete Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
This Agreement may be executed in one or more counterparts, and by the parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The parties further agree that facsimile signatures or signatures scanned into .pdf (or signatures in another electronic format designated by City) and sent by e-mail shall be deemed original signatures.
This Agreement includes twenty-one (21) pages and six Exhibits which constitute the entire understanding and agreement of the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 21 Subaward Agreement 20
IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM:
MICHAEL N. FEUER, City Attorney
By
Date
Deputy City Attorney
ATTEST:
For: THE CITY OF LOS ANGELES
ERIC GARCETTI, Mayor
By
Date
Eric Garcetti, Mayor
Mayor’s Office of Public Safety
HOLLY L. WOLCOTT, City Clerk
By
Date
Deputy City Clerk
APPROVED AS TO FORM:
By
Date
LAURENCE S. WIENER
City Attorney
--Ji,. -
HUMA AHMED
City Clerk
ATTEST:
By
Date
City Business License Number: —
Internal Revenue Service ID Number: —
Number:C.F. # 21-1320; Date of Approval:
City Contract Number:
For: THE CITY OF BEVERLY HILLS
By
Date -
[SEAL]
I /22
LILI BOSSE
Mayor of the City of Beverly Hills
Council File/OARS File
UASI 21 Subaward Agreement 21
City Signatures continue for Subrecipient Agreement — Grant Year 2021 — Urban Area Security Initiative
APPROVED AS TO CONTENT
GREGORY W. BARTON
FireC f
MA AINBROOK
Police Chief
SH4dtON D/RESSEL L’HEURE4X
Rik Manager
B0785-0001\2398287v1 doe
EXHIBIT A
2021 DHS Standard Terms and Conditions
The 2021 DHS Standard Terms and Conditions applyto all new federal financial assistance awards funded in FY 2021. These terms and conditions flow down to subrecipients, unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.
Assurances. Administrative Requirements. Cost Principles. Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (0MB) Standard Form 424B Assurances — Non-Construction Programs, or 0MB Standard Form 424D Assurances — Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAQ) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAQ if you have any questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that the recipient’s policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
DHS Specific Acknowledçements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in programguidance.
5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation(hg.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-richts-evaluation-tool.
DHS Standard Terms and Conditions Version 11.4 1 February 17, 2021 2021 DHS Standard Terms and Conditions
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluationhg.dhs.gov prior to expiration of the 30-day deadline.
Standard Terms & Conditions
Acknowledaement of Federal Fundina from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
Activities Conducted Abroad
Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
lit Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub.L No. 94-1 35 (1975) (codified as amended at Title 42, U.S. Code, 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and Ill of the Americans with Disabillties Act, Pub. L. No. 101-336 (1990) (codified as amended at42 U.S.C. 12101— 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (P11) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the P11 they collect.
DHS defines P11 as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
VI. Civil Rights Act of 1964 — Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. 2000d et seqj, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VIL Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub9 amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in DHS Standard Terms and Conditions Version 11.4 2 February 17, 2021 2021 DHS Standard Terms and Conditions
buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
VIII. Conyright
Recipients must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
X. Drua-Free Workolace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 51 52-51 58 of the Drug-Free Workplace Act of 1988 (41 U.S.C. 8101-81 06).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
XII. Education Amendments of 1972 (Equal Opportunity in Education Act) — TitleIX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19
XllL Energy Policy and Conseivation Act
Recipients must comply with the requirements of the Energy Policy and Conseivation Act, Pub. L. 94- 163 (1975) (codified as amended at42 U.S.C. 6201 etseq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
XIV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. 3801-3812, which details the administrative remedies for false claims and statements made.)
XV Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit DHS Standard Terms and Conditions Version 11.4 3 February 17, 2021 2021 DHS Standard Terms and Conditions
overpayments. (See 0MB Circular A-129.)
XVI. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.0. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government.
XVIL Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-i 38942.
XVIIL Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. 2225.)
XIX. Limited English Proficiency (Civil Rights Act of 1964. TItIeVI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. S 2000d et gj prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/quidance- published-help-department supported-orqanizations-provide-meaningful-access-people-limited and additional resources on http://www.lerigov.
XX. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.
XXL National Environmental PolicyAct
Recipients must comply with the requirements of the National Environmental PolicyActof 1969, (NEPA) Pub. L. 91-i 90 (1970) (codified as amended at42 U.S.C. 4321 etseg. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
XXII. Nondiscrimination in Mafters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 DHS Standard Terms and Conditions Version 11.4 4 February 17, 2021 2021 DHS Standard Terms and Conditions
and other applicable statues, regulations, and guidance governing the participations of faithbased organizations in individual DHS programs.
XXIII. Non-Supolanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
XXIV. Notice of Funding Oooortunitv Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.
XXV. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-DoIe Act, 35 U.S.C. 200 et sgL, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
XXVI. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
XXVIL RehabilItation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
XXVIII. Renorting of Matters Related to Recinient Integrity and Performance
1. General Reporting Requirements
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under Pub. L.1 10-417, 872, as amended 41 U.S.C. 2313. As required by Pub. L. 111-212, 3010, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available.
2. Proceedings about Which Recipients Must Report
Recipients must submit the required information about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or DHS Standard Terms and Conditions Version 11.4 5 February 17, 2021 2021 DHS Standard Terms and Conditions
procurement contract from the federal government;
b. Reached its final disposition during the most recent five-year period;and c. One or more of the following:
1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of fault and liability and the recipient’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal, civil, or administrative proceeding if:
a) It could have led to an outcome described in this award term and condition; b) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the recipient’s part; and
c) The requirement in this award term and condition to disclose information aboutthe proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Recipients must enter the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition in the SAM Entity Management area.
Recipients do not need to submit the information a second time under financial assistance awards that the recipient received if the recipient already provided the information through SAM because it was required to do so under federal procurement contracts that the recipient was awarded.
4. Reporting Frequency
During any period of time when recipients are subject to the main requirement in paragraph 1 of this award term and condition, recipients must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that recipients have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For the purpose of this award term and condition:
a. Administrative proceeding: means a non-judicial process that is adjudicatory in nature to decide fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include
audits, site visits, corrective plans, or inspection of deliverables. b. Conviction: means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes aconviction entered upon a plea of nob contendere.
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c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—
1) Only the federal share of the funding under any federal award with a recipientcost share or match; and
2) The value of all expected funding increments under a federal award and options, even if not yet exercised.
XXIX. Reportinç Subawards and Executive Compensation
1. Reporting of first tier subawards.
a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term, the recipient must report each action that equals or exceeds $30,000 in federal funds for a subaward to a non-federal entity or federal agency (See definitions in paragraph 5 of this award term).
b. Where and when to report.
1) Recipients must report each obligating action described in paragraph 1 of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS).
2) For subaward information, recipients report no later than the end of the month following the month in which the obligation was made. For example, if the obligation was made on November 7, 2016, the obligation must be reported by no later than December 31, 2016.
c. What to report. The recipient must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov.
2. Reporting Total Compensation of Recipient Executives. a. Applicability and what to report. Recipients must report total compensation for each of the five most highly compensated executives for the preceding completed fiscal year, if—
1) The total federal funding authorized to date under this federal award equals or exceeds $30,000 as defined in 2 C.F.R. § 170.320;
2) In the preceding fiscal year, recipients received—
a) Eighty percent or more of recipients’ annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Federal Funding Accountability and Transparency Act (Transparency Act), as defined at 2 C.F.R. § 170.320 (and subawards); and
b) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards);and c) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or Section DHS Standard Terms and Conditions Version 11.4 7 February 1 7 2021 2021 DHS Standard Terms and Conditions
6104 of the Internal Revenue Code of 1986. (See the US. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm. to determine if the public has access to the compensation information.)
3) Where and when to report. Recipients must report executive total compensation described in paragraph 2.a. of this award term:
a) As part of the recipient’s registration profile at https://www.sam.gov. b) By the end of the month following the month in which this award is made, and annually thereafter.
3. Reporting of Total Compensation of Subrecipient Executives. a. Applicability and what to report. Unless recipients are exempt as provided in paragraph 4. of this award term, for each first-tier subrecipient under thisaward, recipients shall report the names and total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if—
1) In the subrecipient’s preceding fiscal year, the subrecipient received— a) Eighty percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the TransparencyAct, as defined at2 C.F.R. § 170.320 (and subawards); and b) $25,000,000 or more in annual gross revenues from federal procurementcontracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and
2) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or Section 6104 of the Internal Revenue Code of 1986. (See the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomphtm. to determine if the public has access to the compensation information.)
b. Where and when to report. Subrecipients must report subrecipient executive total compensation described in paragraph 3.a. of this award term:
1) To the recipient.
2) By the end of the month following the month during which recipients make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e, between October 1 and 31), subrecipients must reportany required compensation information of the subrecipient by November 30 of that year.
4. Exemptions
If, in the previous tax year, recipients had gross income, from all sources, under $300,000, then recipients are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient DHS Standard Terms and Conditions Version 11.4 8 February 17, 2021 2021 DHS Standard Terms and Conditions
5. Definitions For purposes of this award term:
a. Federal Agency means a federal agency as defined at 5 U.S.C. 551(1) and furtherciarified by 5 U.S.C. 552(f).
b. Non-Federal Entity: means all the following, as defined in 2 c.F.R. Part 25:
1) A Governmental organization, which is a state, local government, or Indiantribe; 2) A foreign public entity;
3) A domestic or foreign nonprofit organization;
4) A domestic or foreign for-profit organization;
c. Executive: means officers, managing partners, or any other employees in management positions.
d. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the recipient received this award and that the recipient awards to an eligible subrecipient.
1) The term does not include recipients’ procurement of property and services needed to carry out the project or program (for further explanation, see 2 C.F.R. § 200.331). 2) A subaward may be provided through any legal agreement, including an agreement that a recipient or a subrecipient considers a contract.
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e. Subrecipient: means a non-federal entity or federal agency that:
1) Receives a subaward from the recipient under this award; and 2) Is accountable to the recipient for the use of the federal funds provided by the subaward.
f. Total compensation: means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (see 17C.F.R. 229.402(c)(2)):
1) Salary and bonus.
2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. 4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
5) Above-market earnings on deferred compensation which is not tax-qualified. 6) Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
XXX. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
XXXI. Terrorist Financing
Recipients must comply with EQ. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism.
Recipients are legally responsible to ensure compliance with the Order and laws.
XXXII. Traffickinç Wctims Protection Act of 2000 (TVPAI Trafficking in Persons.
1. Provisions applicable to a recipient that is a private entity. a. Recipients, the employees, subrecipients under this award, and subrecipients’ employees may not—
1) Engage in severe forms of trafficking in persons during the period of time the award is in effect;
2) Procure a commercial sex act during the period of time that the award is in effect; or 3) Use forced labor in the performance of the award or subawards under the award.
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b. DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient that is a private entity —
1) Is determined to have violated a prohibition in paragraph l.a of this award term; or 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph I .a of this award term through conduct that is either—
a) Associated with performance under this award; or
b) Imputed to recipients or subrecipients using the standards and due processfor imputing the conduct of an individual to an organization that are providedin 2 C.F.R. Part 180, “0MB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R.
Part 3000.
2. Provision applicable to recipients other than a private entity.
DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
a. Is determined to have violated an applicable prohibition in paragraph l.a of this award term; or
b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph l.a of this award term through conduct that is either—
1) Associated with performance under this award; or
2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “0MB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000.
3. Provisions applicable to any recipient.
a. Recipients must inform DHS immediately of any information received from anysource alleging a violation of a prohibition in paragraph I .a of this award term. b. It is DHS’s right to terminate unilaterally that is described in paragraph 1 .b or 2 of this section:
1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)),and 2) Is in addition to all other remedies for noncompliance that are available to us under this award.
c. Recipients must include the requirements of paragraph l.a of this award term in any subaward made to a private entity.
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4. Definitions. For the purposes of this award term:
a. Employee: means either:
1) An individual employed by a recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 2) Another person engaged in the performance of the project or program underthis award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.
b. Forced labor: means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
c. Private entity means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes:
1) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b).
2) A for-profit organization.
d. Severe forms of trafficking in persons, commercial sex act, and coercion are defined in TVPA, Section 103, as amended (22 U.S.C. § 7102).
XXXIII. Universal Identifier and System of Award Manaçiement
1. Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.
2. Definitions
For purposes of this term:
a. System forAward Management (SAM): means the federal repository into which a recipient must provide information required for the conduct of business as a recipient.
Additional information about registration procedures may be found on fgQv. b. Unique Entity Identifier: means the identifier assigned by SAM to uniquely identify business entities.
c. Entity: includes non-Federal entities as defined at 2 C.F.R. § 200.1 and includes the following, for purposes of this part:
1) A foreign organization;
2) A foreign public entity;
3) A domestic for-profit organization; and
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4) A federal agency.
d. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which a recipient received this award and that the recipient awards to an eligible subrecipient. 1) The term does not include the recipients’ procurement of property and services needed to carry out the project or program (for further explanation, see 2C.F.R. § 200.330).
2) A subaward may be provided through any legal agreement, including an agreement that a recipient considers a contract.
e. Subrecipient means an entity that:
1) Receives a subaward from the recipient under this award; and 2) Is accountable to the recipient for the use of the federal funds provided by the subaward.
XXXIV. USA PA TRIOTAct of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOTAct), which amends 18 U.S.C. § 175—175c.
XXXV. Use of DHS Seal. Loao and Flaas
Recipients must obtain permission from their DHS FAQ prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
)OO(VL Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. § 4304 and 4310.
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EXHIBIT B
El Cal OES
Ii •OERNORSOFPIC
OF EMENCYERVtES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional. managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements. and audit requirements for federal grant programs are sef forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates ore issued by the Office of Management and Budget (0MB) and can be found at hftp://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;