AGENDA REPORT
Meeting Date: December 10, 2024
Item Number:
To: Honorable Mayor & City Council
From: Mark G. Stainbrook, Chief of Police
Gregory W. Barton, Fire 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 2023 URBAN AREA SECURITY
INITIATIVE (UASI 23) AND APPROPRIATING FUNDS FOR VARIOUS
EQUIPMENT PURCHASES, DISASTER PREPAREDNESS, AND
RESPONSE ACTIVITIES TRAINING; AND
APPROPRIATION OF $260,074 FROM THE LAW ENFORCEMENT
GRANT FUND FOR VARIOUS EQUIPMENT PURCHASES,
DISASTER PREPAREDNESS, AND RESPONSE ACTIVITIES
TRAINING
Attachments: 1. Resolution
2. Urban Area Security Initiative (UASI 23) Subaward Agreement
RECOMMENDATION
It is recommended that the City Council adopt the resolution authorizing applications for and acceptance of grant funding under the Urban Area Security Initiative (UASI) administered by the City of Los Angeles and approve the appropriation of $260,074 from the Law Enforcement Grant Fund for various equipment purchases, disaster preparedness, and response activities training.
INTRODUCTION
The City has been approved for funding under the UASI grant for both the Fire and Police Departments.
DISCUSSION
The UASI 23 grant for the Los Angeles/Long Beach area is administered by City of Los Angeles. Under this program, the United States Department of Homeland Security Meeting Date: December 10, 2024
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.
Under this grant, the Police Department has been awarded $129,154.00 for various equipment purchases such as police crash data retrieval system, automated license plate reader, and personal protective equipment. Additionally, the Fire Department has been awarded $130,920.00 for training, comprising of the Urban Search and Rescue (USAR) training including Overtime and Backfill. The total amount awarded under the UASI 23 grant is $260,074.00.
FISCAL IMPACT
It is recommended that the City Council approve an appropriation from the Law Enforcement Grant Fund for $260,074 for the aforementioned purposes (as further detailed in the chart below). The City will be reimbursed by the City of Los Angeles for all authorized UASI grant expenditures incurred by both Police and Fire Departments.
Grant Program Department Org Object Project Description Amount PD 19002105 422210 23UF GRANTS-REVENUE $129,154.00
Fire 19103101 422210 23UF GRANTS-REVENUE $130,920.00
SUBTOTAL $260,074.00
UASI 23 PD 19002105 740300 23UF FIRE & OTHER SAFTETY EQUIP $129,154.00 UASI 23 FIRE 19103101 713000 23UF OVERTIME PAY $130,920.00 SUBTOTAL $260,074.00
Urban Area Secutity Intiative (UASI) Grant
Gregory W. Barton,
Fire Chief
Mark Stainbrook,
Chief of Police
Approved by Approved By
Jeff S. Muir,
Director of Finance
Approved By
Attachment 1
B0785-0001\3042341v2.doc 1
RESOLUTION NO. 24-R-______
RESOLUTION OF THE COUNCIL OF THE CITY OF
BEVERLY HILLS AUTHORIZING THE APPLICATION FOR
AND ACCEPTANCE OF A GRANT UNDER THE FISCAL
YEAR 2023 URBAN AREA SECURITY INITIATIVE (UASI 23)
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 2023 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 $260,074.00 is authorized as follows:
FROM TO
$129,154 19002105 $129,154 19002105-740300-23UF
Fund 190 Police Grant Police–UASI 23 Grant
Fund Balance
$130,920 19103101 $130,920 19103101-713000-23UF
Fund 191 Fire Grant Fire–UASI 23 Grant
Fund Balance
Purpose: To fund Police Department and Fire Department’ 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.
Docusign Envelope ID: ED84945C-BFD6-44D5-9ECF-0A09DF4A65DA 2 B0785-0001\3042341v2.doc
Adopted:
__________________________
LESTER J. FRIEDMAN
Mayor of the City of
Beverly Hills, California
ATTEST:
_____________________ (SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________ __________________________
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
__________________________
JEFF MUIR
Chief Financial Officer
__________________________
MARK STAINBROOK
Chief of Police
_________________________________
GREGORY W. BARTON
Fire Chief
Docusign Envelope ID: ED84945C-BFD6-44D5-9ECF-0A09DF4A65DA Certificate Of Completion
Envelope Id: ED84945CBFD644D59ECF0A09DF4A65DA Status: Sent Subject: Complete with Docusign: CLEAN - Resolution - UASI 23 (Urban Area Security Initiative) (2) (003)...
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.168
Record Tracking
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12/5/2024 10:24:46 AM
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Jeff S. Muir
[email protected]
Director of Finance
City of Beverly Hills
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Mark G. Stainbrook
[email protected]
Chief
Beverly Hills Police Department
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Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
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Nancy Hunt-Coffey
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Lester J. Friedman
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Huma Ahmed
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Attachment 2
SUBAWARD AGREEMENT
Subrecipient: City of Beverly Hills
Title: FY 2023 Urban Area Security Initiative (UASI) Grant Program City Contract Number ________________ City of Los Angeles Contract Number —
TABLE OF CONTENTS
Section . . Page Section Title Number Number
I. GENERAL INFORMATION
§1.1 Federal Award Information 1§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 Summary of Requirements 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 Integrated Agreement 17 §3.5 Excusable Delays 18§3.6 Breach 18
§3.7 Prohibition Against Assignment and Delegation 18§3.8 Indemnification 18§3.9 Subcontractor Assurances 19 §3.10 Remedies for Noncompliance 19§3.11 Termination 19 §3.12 Amendments 20§3.13 Complete Agreement 20
Signature Page 22
UASI 23 Subaward Agreement
EXHIBITS
Exhibit A DHS Standard ConditionsExhibit B 2023 Standard Assurances for all Cal OES Federal Grant ProgramsExhibit C Financial Management Forms Workbook Exhibit D Modification Request and Reimbursement Request FormsExhibit E CaIOES FormsExhibit F Grants Management Assessment Form UASI 23 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 City of Beverly Hills (“Beverly Hills”), (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 asfollows:
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) 2023 Urban Area Security Initiative Grant Program FAIN #EMW-2023-SS-00042, CFDA #97.067, Federal Award Date September 1, 2023, having a period ofperformance from September 1, 2023 through May 31, 2026 This is not a “Research & Development” award as defined in 2 CFR Sections 200.87 and 200.331, and there is no “indirect cost rate” for this federal award as defined in 2CFR Sections 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 CFRSection 200.74 and used in this Agreement) for the subaward of the Federalaward to the City for the benefit of the Los Angeles/Long Beach Urban Area (“LAILBUA”) in the amount of $53,932,030.00.
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 Sub recipient.
§1 .2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward (“Subaward”) of the Federalaward upon the terms and conditions set forth in this Agreement:
Subaward amount: $260,074
Subaward Period of Performance (“Term”): September 1, 2023 UASI 23 Subaward Agreement 1
to May 31, 2026
Match Requirement: None
Subrecipient Identifier:
____________________
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, demandsand communications shall be given are as follows:
Party: City of Los Angeles
Authorized Representative: Brian K. Williams, Deputy MayorAuthorized Department: Mayor’s Office of Public Safety Address, Phone, Fax, E-mail: 200 N. Spring Street, Room 303 Los Angeles, CA 90012Phone: (213) 978-0687
Email: [email protected]
Party: City of Beverly Hills
Authorized Representative: Maria LaraAuthorized Department: Beverly Hills Police Department Address, Phone, Fax, E-mail: 464 N. Rexford Dr.,
Beverly Hills, CA 90210Email: mlaracbeverlyhills.orq
Copy to mlionqsonbeverlyhills.orq
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 byregistered or certified mail, postage prepaid, return receipt requested and shallbe 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 ofsuch person is changed, written notice shall be given, in accordance with thissection, within five business days of said change.
UASI 23 Subaward Agreement 2
§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. # 23-0690, Subrecipient warrants that it has obtained written authorization from its governingboard or authorized body to execute this Agreement and accept and use theSubaward. 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]
UASI 23 Subaward Agreement 3
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 thefollowing documents and incorporated herein by this reference: (1) Departmentof Homeland Security FY 2023 Homeland Security Grant Program Notice of Funding Opportunity (“DHS NOFO”), (2) FY 2023 DHS Standard Terms and Conditions (“DHS Standard Conditions”) (Exhibit A), (3) FEMA Information Bulletins (“IB”), (4) CaIOES 2023 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity (“CaIOESSupplement”), (5) CaIOES 2023 Standard Assurances for CaIOES Federal Grant Programs (“CaIOES Assurances”) (Exhibit B), (6) CaIOES Grant ManagementMemos (“GMM”), and (7) the cost principles, uniform administrative requirements and audit requirements for federal grant programs as housed in Title 2, Part 200of the CFR and in updates issued by the Office of Management and Budget (“0MB”) on http:///www.whitehouse.qov/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 ManagementForms Workbook (the “Workbook”), which is pending approval by CaIOES(the “Budget”) and is attached hereto as Exhibit C. Upon approval byCaIOES, 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. TheCity 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 inwriting and accompanied by a completed Modification Request Form UASI 23 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 suchprojects. 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 CaIOES 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 procurementrequest form. Approval of such requests and forms shall be made by the City and CaIOES in their respective sole discretion. Subrecipientacknowledges that all such forms must be approved by the City and CaIOES prior to 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 Section 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 andCivil Defense Master Mutual Aid Agreement in consultation with UASI 23 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 LawEnforcement Mutual Aid Plan or the California Fire Services and RescueMutual 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 visibleand 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 orobtained 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 Section 200.45. Subrecipient agrees that disbursement of this Subaward to Subrecipient shall be made on a reimbursement method. IfSubrecipient requests advance payment of Subaward funds, Subrecipient shall comply with, and provide evidence to the City of compliance with, thecriteria and obligations related to the use of advance payments as setforth in 2 CFR Section 200.305 as well as satisfying any other City and CaIQES 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 0) along with invoices, purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts andany other supporting documentation necessary to fully and accuratelydescribe the expenditure of funds for which reimbursement from the Subaward is requested (collectively, the “Reimbursement Request”). Allsuch supporting documentation for the Reimbursement Request shallsatisfy 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 documentationto 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.
UASI 23 Subaward Agreement 6
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 forthis 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 may be required to provide supporting documentation that certifies a reduction in non-Federal resources that 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 CalOES 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. Sections 3729 to 3733, which sets forth that no subgrantee, recipient or UASI 23 Subaward Agreement 7
subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement, or advance. Subrecipient agrees to be subject to the administrative remedies under 38 U.S.C. Sections 3801 to 3812 forviolations 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 ofCongress 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 Federalcontract, 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 officeror employee of Congress, or an employee of a Member of Congress inconnection 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 itsinstructions.
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 certifyand disclose accordingly.
Subrecipient shall comply with provisions of the Hatch Act(5 U.S.C. § 1501-1508, 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part withfederal funds.
UASI 23 Subaward Agreement 8
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR Section 200.214 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending 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 forcommission 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 ofany of the offenses enumerated in paragraph 2.3.E.2. above; and
4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated forcause 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 continueto 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 Opportunitysection of the CaIOES Assurances.
Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. § 12101 et seq.) and its implementing regulations, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA)(Pub.L. No. 110-325) and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. Section 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR UASI 23 Subaward Agreement 9
Part 40, and the Fair Housing Act, 42 U.S.C. Section 3601 et seq.; 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 accordance with theprovisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminateagainst 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 tocompliance with the Federal Funding Accountability and Transparency Act (Pub.L. No. 109-282) and statutory requirements for whistleblowerprotections.
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 (as amended by 22 U.S.C. § 7104).
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 set forth in California Labor Code Section 3700 et seq.
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 Only to Federally-Funded Construction Projects section of the CalOES Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information Act (5 U.S.C. § 552) and the California Public Records Act (Gov. Code, § 6250 et seq.) to certain information as more fully set forth in the California Public Records Act and Freedom of Information Act section ofthe CaIOES Assurances.
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N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (P/I)section of the CaIOES Assurances.
0. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS section and Use of OHS Seal, Logo, and Flags section of the CaIOES Assurances, which relate torequirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals, logos, and flags.
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 theprovisions 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 comply with the Conflict of Interest section, which requires Subrecipient to establish safeguards to prohibit employees fromusing their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personalgain. 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.
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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 Conseivation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing (E. 0. 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 23 Subaward:
1. Subaward funding is subject to restricted drawdown for the duration of the Term;
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 issuereimbursement or advance payment until the documentation is reviewed and the payment is determined to be adequately supported;
3. Failure to comply with these conditions may result in disallowed costs or additional restrictions on current and future subaward funding, pursuant to 2 CFR Sections 200.205 and 200.338.
X. Subrecipient shall comply with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA)(Pub.L. No. 115-232) and 2 C.F.R. Section 200.216, 200.471, and Appendix II to 2 C.F.R. Part 200. which prohibit Subrecipient (including their subcontractors) from using federal funds, including FEMA awards, under open or new awards for the telecommunications equipment or services listed in Section 889(f)(2)-(3) of the NDAA.
Y. Subrecipient shall comply with the Build America, Buy America Act (BABAA) enacted as part of the Infrastructure Investment and Jobs Act §70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005 ensuring “the future is made in all of America by all of America’s Workers.”This provision requires that “all of the iron, steel, manufactured products, and construction materials” used in the project are produced in the United States.
Z. Subrecipients shall ensure and maintain the adoption and implementation of the National Incident Management System (NIMS)to prevent, protectagainst, mitigate, respond to and recover from incidents.
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AA. Subrecipient shall comply with the National Cybersecurity Review (NCSR) assessment designed to measure gaps and capabilities of state, local, tribal, territorial, nonprofit, and private sector agencies’ cybersecurity programs. Additional information may be found in lB 439 and 429a §2.4 Uniform Requirements for Federal Awards
Subrecipient acknowledges that this Subaward is a “Federal award” as such term is defined in 2 CFR Section 200.38 and that Subrecipient’s use of this Subawardis subject to the uniform administrative requirements, cost principles, and auditrequirements 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 Sections200.69 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 Section 200.74 and thateach 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 Section 200.112.
B. Subrecipient shall comply with the mandatory disclosure requirements for violations of Federal criminal law involving fraud, bribery, or gratuity as setforth in 2 CFR Section 200.113.
C. Subrecipient acknowledges that the City may impose additional specific conditions to this Subaward in accordance with 2 CFR Section 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 alsosubmit any annual certifications and representations deemed required bythe City in accordance with 2 CFR Section 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 financialmanagement system, all as more fully set forth in 2 CFR Section 200.302.
Further, Subrecipient shall comply with the requirements set forth in 2CFR Section 200.303, which relate to certain obligations required ofSubrecipient to maintain internal controls over the use of this Subaward.
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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 Section 200.306.
F. Subrecipient shall comply with the requirements relating to program income as more fully set forth in 2 CFR Section 200.307.
G. Subrecipients may consider the use of this funding to assist their jurisdiction’s alignment with the State of California Alert and Warning Guidelines.
H. 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 Sections 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 Federalawarding 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 tocertain research data produced or acquired under the Subaward, and (d) Subrecipient’s compliance with applicable regulationsgoverning 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 UASI 23 Subaward Agreement 14
and intangible property acquired, developed or improved with Subaward funds in accordance with the provisions set forth in 2 CFR Section 200.316.
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 Sections 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.
9. Threat Hazard Identification and Risk Assessment requirement is to be submitted every three years also an annual capability assessment will still be required.
In addition, Subrecipient must include in all of its contracts paid or reimbursed in whole or in part with Subaward funds the provisions set forth in Appendix II to 2 CFR Part 200 (Contract Provisions for nonFederal Entity Contracts under Federal Awards) as required by 2 CFR Section 200.326.
J. Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a non Federal entity as set forth in 2 CFR Section 200.328, which requires the Subrecipient to oversee and monitor activities supported by the Grant toassure compliance with applicable Federal requirements and performance UASI 23 Subaward Agreement 15
expectations. Further, Subrecipient shall comply with the financial and performance reporting requirements for a non-Federal entity as set forth in 2 CFR Sections 200.327 to 200.329 and any other reporting requirementsthat may be promulgated by the Federal awarding agency, CaIOLS 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 governmentretains an interest.
Subrecipient acknowledges that the City, as a “pass-through entity,” may make various findings, determinations, evaluations and reports regardingSubrecipient and its use of Subaward funds, as set forth in 2 CFRSections 200.330 to 200.332. In accordance with such regulations,Subrecipient shall comply with, and timely grant to the City and itsauditors, 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 Section 200.331 (a)(5). In addition, Subrecipient shall comply with any conditions that may be placed uponSubrecipient as part of the City’s risk evaluation of Subrecipient under 2 CFR Section 200.331(b).
K. 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 Sections 200.333 to 200.335.
In accordance with the provisions set forth in 2 CFR Section 200.336, Subrecipient hereby grants the Federal awarding agency, the InspectorsGeneral, the Comptroller General of the United States, CaIOES, and theCity, or any of their authorized representatives, the right of access to any documents, papers, or other records of Subrecipient which are pertinent tothe Subaward, in order to make audits, examinations, excerpts, andtranscripts. 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 Sections 200.336 to 200.337.
Subrecipient shall require any of its subrecipients, contractors, successors, transfereesand assignees to acknowledge and agree to comply with the provisions of this Section.
L. Cost Principles
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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 mayonly be charged to or reimbursed by Subaward funds if it is incurred incompliance with all Requirements for the Subaward and is also deemedallowable and allocable under the Subaward in accordance with the provisions set forth in the Cost Principles.
M. 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 200Subpart 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 therequirement to conduct a single audit if applicable.
N. 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 Section 200.343. Subrecipient acknowledges and agrees that it shallcontinue to comply with the post closeout obligations set forth in 2 CFR Section 200.344 after closeout of the Subaward and expiration of the Term of this Agreement.
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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 eachemployee 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 ofany 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 theUnited 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 governmenthaving 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 andto 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 partymay 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 theCity:
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 theprovisions of Section 895.2 of the Government Code of the State of Californiaimposing 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 CaliforniaCivil 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 arisingfrom this Agreement.
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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 oromission 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 virtueof Government Code Section 895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to anagreement, 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 Section 200.338. Such actions may include, without limitation, thewithholding 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 Section 200.342. Subrecipient shall be liable to the Federal awarding agency, CaIOES and the City for any Subaward funds the Federalawarding 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 CaIOES 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 Section 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, CaIQES or the City as set forth in 2 CFR Section 200.339. Subrecipient shall have the right to terminate UASI 23 Subaward Agreement 20
the Subaward only as set forth in 2 CFR Section 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 thisAgreement by a written amendment properly executed and signed by the person(s) authorized to bind the parties thereto.
§3.13 Complete Agreement
This Agreement sets forth all of the rights and duties of the parties with respect tothe 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 norconversation with any officer or employee of either party shall affect or modifyany 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 scannedsignatures (or signatures in another electronic format designated by City) andsent by e-mail shall be deemed original signatures.This Agreement includes twenty-two (22) pages and six Exhibits which constitutethe entire understanding and agreement of the parties. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM: For: THE CITY OF LOS ANGELES
HYDEE FELDSTEIN SOTO, City Attorney KAREN BASS, MayorBy By ________________________
Barak Vaughn, Deputy City Attorney Karen Bass, Mayor
Date
_____________________________
Date
___________________________
ATTEST:
HOLLY L. WOLCOTT, City ClerkBy
____________________________
Deputy City Clerk
Date
_____________________________
APPROVED AS TO FORM: For: City of Beverly Hills
By By
_______________________
LAURENCE S. WIENER LESTER J. FRIEDMAN
City Attorney Mayor of the City of Beverly Hills
Date I Date __________________ ATTEST: [SEAL]
By
____________________________
HUMA AHMED
City Clerk
Date
_____________________________
City Business License Number: __________________ Internal Revenue Service ID Number: _________________ Council File/OARS File Number: C.F. #23-0690; Date of Approval: _____________ City Contract Number: _________________ UASI 23 Subaward Agreement 22 City Signatures continue for Subrecipient Agreement — Grant Year 2023 — Urban Area Security Initiative
APPROVED AS TO CONTENTGREGORjW. BARTONFire
MARK STAINBROOK
Chief of Police
—
S4SHEUXRisk Manager
ANTHONY RODSE1NPurchasing Services Manager
23 EXHIBIT
A
FY 2023 OHS Standard Terms and Conditions
The Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to all new federal financialassistance awards funded in FY 2023. 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.All legislation and digital resources are referenced with no digital links. The FY 2023 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fyl5-dhsstandard-terms-and-conditions.
A. Assurances. Administrative Requirements. Cost Principles. Representations and Certifications
I. OHS financial assistance recipients must complete either the Office of Management and Budget (0MB) Standard Form 424B Assurances — NonConstruction Programs, or 0MB Standard Form 424D Assurances — ConstructionPrograms, as applicable. Certain assurances in these documents may not be applicable to your program, and the OHS financial assistance office (OHS FAQ)may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency.
II. 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.
Ill. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.31 5, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
B. General Acknowledeements 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.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.
II. Recipients must give OHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financialassistance award and permit access to facilities or personnel.
Ill. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support thereports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as passthrough entities) of federal financial assistance from OHS or one of its awarding component agencies must complete the OHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of OHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool 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, toCivilRightsEvaluationhq.dhs.gov. This tool clarifies the civil rights obligationsand related reporting requirements contained in the DHS Standard Terms and FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022 FY 2023 DHS Standard Terms and Conditions
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-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland Security
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 CivilRightsEvaluationhq.dhs.gov prior to expiration of the 30-day deadline.
C. Standard Terms & Conditions
Acknowledaement of Federal Funding 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.
II. Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Ill. Aae Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975,Public Law 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 III of the Americans with Disabilities Act, Pub. L. 101 -336 (1990) (codified as amended at 42 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 apublicly available privacy policy that describes standards on the usage andmaintenance 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 resourcesrespectively.
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 seq.), 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 anyprogram 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.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as 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 FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022 FY 2023 DHS Standard Terms and Conditions
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 Housingand 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 buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Coovright
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) toany work first produced under federal financial assistance awards.
IX. Debarment and Susoension
Recipients are subject to the non-procurement debarment and suspension regulationsimplementing 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 3002. These regulations restrict federal financialassistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistanceprograms or activities.
X. Drug-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 Governmentwide implementation (2 C.F.R. Part 182) of Sec. 51 52-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. § 8101-8106).
Xl. Duolication 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 otherreasons. 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 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 assistanceaward terms and conditions; or for other reasons.
XII. Education Amendments of 1972 (Eaual Oooortunitv in Education Acfl —Title IX 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.
XIII. E.O. 14074 — Advancing Effective. Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with therequirements of section 12(c) of EQ. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with EQ. 14074 to support safe and effective policing.
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XIV. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.).,. which contain policies relating to energy efficiency that are defined in the state energy conservation planissued in compliance with this Act.
XV. False Claims Act and Proaram 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 administrativeremedies for false claims and statements made.) XVI. 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-129.)
XVII. 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.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work foror on behalf of the Federal Government.
XVIII. 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.) 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.
XIX. Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space fundedin whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John 5. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. § 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute — as it applies to DHS recipients, subrecipients, and their contractors and subcontractors — prohibits obligating or expending federal award funds oncertain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VI’) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) 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, pleaserefer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help department- supported-organizations-provide-meaningfu)-access-people-Iimited andadditional resources on http://www.lep.gov.
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XXII. 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 Memberof Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.
XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. 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.
XXIV. Nondiscrimination in Matters 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 thoseorganizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6C.F.R. Part 19 and other applicable statues, regulations, and guidance governing theparticipations of faith- based organizations in individual DHS programs.
XXV. Non-SuDolanting 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.
XXVI. 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.
XXVII. Patents and Intellectual Prooertv Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, 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 fromfederal 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.
XXVIII. 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 ofrecovered materials practicable, consistent with maintaining a satisfactory level of competition.
XXIX. 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 FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022 FY 2023 DHS Standard Terms and Conditions
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 financialassistance.
XXX. Renortina of Matters Related to ReciDient Integrity and Performance 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 timeduring the period of performance of this federal award, then the recipients 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.
XXXI. ReDortinq Subawards and Executive ComDensation
Reporting of first tier subawards.
Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.
XXXII. Required Use of American Iron. Steel. Manufactured Products, and Construction Materials Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and EQ. 14005. Recipients of an award ofFederal financial assistance from a program for infrastructure are hereby notified thatnone of the funds provided under this award may be used for a project for infrastructureunless:(1) all iron and steel used in the project are produced in the United States--this means allmanufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States—thismeans the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured inthe United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount ofdomestic content of the manufactured product has been established under applicable lawor regulation; and (3) all construction materials are manufactured in the United States—this means that allmanufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does notapply to tools, equipment, and supplies, such as temporary scaffolding, brought to theconstruction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movablechairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
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Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below.
(a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domesticcontent procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are notproduced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materialsproduced in the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supportingmaterials required for any waiver request. Waiver requests are subject to public commentperiods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov.
The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the “Build America, Buy America” provisions.Recipients should refer to the Notice of Funding Opportunity for further information on theBuy America preference and waiver process.
XXXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs thatprovide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions ontechnical standards that ensure and enhance interoperable communications.
XXXIV. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated withterrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
XXXV. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons.
Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of2000 (fl/PA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.
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XXXVI. Universal Identifier and System of Award Manaaement Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financialassistance 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 isincorporated here by reference.
XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting andStrengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOTAct), which amends 18 U.S.C. § 175—175c.
XXXVIII. Use of DHS Seal, Loao and Flacis
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.
XXXIX. 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
Cal OES
, GOVERNOR’S OFFICE
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 theApplicant 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.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
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 auditrequirements 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 andBudget (0MB) and can be found at http://www.whitehouse.gov/omb/.In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.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:
. Cal OES
OOVERNORS OFFICEOF EMEROENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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, orauthorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The 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) The 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 personsentering into a contract, grant, loan, or cooperative agreement from an agency orrequests or receives from an agency a commitment providing for the United States toinsure 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 anofficer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with the awarding of any Federal contract, the making of anyfederal 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, orcooperative agreement.
Cal OES
, GOVERNOR’S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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 oremployee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shallcomplete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,’ in accordance with its instructions.
(c) The Applicant 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.
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 principleemployment 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 ofEmergency Services (Cal QES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protectionagainst waste, fraud, and abuse by debarring or suspending those persons deemedirresponsible in their dealings with the federal government. The Applicant certifies thatit and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federaldepartment 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 apublic 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;
Cal OES ‘, GOVERNORS OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal QES Federal Non-Disaster Grant Programs
(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 theoffenses enumerated in paragraph (4) (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:
(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 Englishproficiency (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. § l2lOlet seq.), 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 andcommon use areas and individual apartment units (all units in buildings withelevators and ground-floor units in buildings without elevators)—
Cal OES
, GOVERNOR’S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 inGovernment business in one year from discriminating in employmentdecisionson the basis of race, color, religion, sex, sexual orientation, genderidentification 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 hiringand 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; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant 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 §12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress andgrooming 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.),theApplicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
Cal OES
GOvERNOR’S OFFICEOF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 9 1-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for allcommunities; (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 theClean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(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 (16 U.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 etseq.); and
Cal OES
k#,
GOVERNORS OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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-anddesist order pursuant to section 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.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, 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 willrequire 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 provides that Applicant shall not 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), including but not limitedto (a) the reporting of subawards obligating $30,000 or more in federal funds,
tCal OES
‘ OOVERNORS OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal QES Federal Non-Disaster Grant Programs
and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the Systemfor Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant 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.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the TraffickinQ Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients 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; or (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 Coreland 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 seq.) 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 Prorerty Acquisition Policies Act of 1970 (P.L. 91-646)
______
‘ Cal OES
, OOVERNORS OFFICE
OF EMEROENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 purposesregardless 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 federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction andacquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the 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 (16U.S.C. § 469a-1 etseq.); and (d) 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 fromthe 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 theapproved 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
The Applicant is 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.
‘Cal OES
GOVERNORS OFFICEOF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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.
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 ofInformation Act (FOIA), 5 U.S.C. § 552, and the california Public Records Act, california Government code § 7920.000 et seq. The Applicant should consider theselaws and consult its own State and local laws and regulations regarding the releaseof information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) —
PROGRAM SPECIFIC ASSURANCES I CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describingprojects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and thatappropriate 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, If the Applicant collects P11, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of P11 they collect. The Applicant may refer to the DHSPrivacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
Cal OES
, OOVERNORS OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of united States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
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 assistanceawards 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 the Applicant fromshifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award termsand conditions.
26. Energy Policy and Conservation Act
The Applicant 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
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international airtransportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Actof 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the ComptrollerGeneral of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training spacefunded 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, asamended, 15 U.S.C. § 2225a.
Cal OES
, OOVERNORS OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do notreplace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistanceawards located at 37 C.F.R. Part 401 and the standard patent rights clause located at37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, theApplicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhanceinteroperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible forensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 forany period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in thegovernment-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.
‘Cal OES
OOVERNQRS OFFICEOF EMERGENCY SERVICES
Standard Assurances
For Cal QES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct TerrorismAct (USA PATRIOT Act), which amends 18 U.S.C. § 175-175c.
36. Use of DHS Seal, ogo, and Flags
The Applicant 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 DHSagency officials, including use of the United States Coast Guard seal, logo, crests orreproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate howthe grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribesor there is a federal law or regulation exempting its application to Indian tribes, thenthe acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or imposeadditional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States — this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
Cal OES
-j:)
GOVERNOP’S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal QES Federal Non-Disaster Grant Programs
(b) All manufactured products used in the project are produced in the United States — this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greaterthan 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established underapplicable law or regulation; and (c) All construction materials are manufactured in the United States — this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does notapply to tools, equipment, and supplies, such as temporary scaffolding, brought tothe construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structureor permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America”preference under an infrastructure program in certain cases.On July 1, 2022, 0MB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. Forany new awards FEMA makes after January 1, 2023, as well as new funding FEMAobligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAArequirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074. The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.
jCal OES GOVERNORS OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
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 theApplicant 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 Applicant may be ineligible for award of anyfuture grants if Cal QES determines that the Applicant: (1) has made false certification, or (2) violates the certification by tailing to carry out the requirements as noted above.All of the language contained within this document must be included in the awarddocuments for all subawards at all tiers. Applicants are bound by DHS Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be foundat: 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.Applicant:Signature of Authorized Agent:
________________________________________________
Printed Name of Authorized Agent:
_________________________________________
Title:
_________________Date: ______________________________
EXHIBIT
C
Li,,n% P,oJ.ottoforrnatioa —
NaSonal Project Sub- Mayors j Jurisdiction Oep.rtnrsnt Project title Funding otno solotion sob-solatloe Eopendlto,n Catagory Sob-t.lns In Total ItelnI Priority Letter Line a Office 108 Source All001ted —
—
$ 260.074,00
H SOP D 5 26 11 IJ-2 Beverly Hills Police Pxhce Crash Data Retrieval System LE Equipment Detection $ 4.654,00 - - -
UASI
Physical Security H SOP D 5 28 11 IJ-2 Beverly Hills Police Regional Automated License Plate Reader (ALPR) LE Equipment Enhancement Equipment $ 94.500,00 UASI K 16 141 35 tJ-4 Beverly Hills Fve Urban Search and Rescue (USER> Trairorrg PS Tranrn5 Stall Expenses OTlBacklill $ 130.92000 - -
HSGP
P 25 220 56 Ll-3 Beverly Hrlls Police PERSONAL PROTECTIVE EQUIPMENT (PPE( LE Equipment Personal Proleclrve Equipment $ 30,000.00 — - -— - -____________
EXHIBIT
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EXHIBIT
E
California Governor’s Office of Emergency Services
AIRCRAFT/AVIATION-RELATED EOUIPMENT REQUEST
Subgrantee Name:Homeland Security Grant Program FY Grant Number Cal OES ED#_______Urban Area Security Initiative (UASI) FY Grant Number Cal OES ID#________ Other Program FY Grant Number Cal OES ID#_______
Project Amount: UASI $ SHSP $
I. Indicate the type of aircraftlaviation equipment for this request (choose only one of the following).
Aircraft Aviation Related Equipment
2. Please provide a description of the area that will be served by the requested equipment.
Equipment & Description Cost AEL number
3. Please justify the need for the aircraft/aviation equipment, and how the requested platform best meets that need as compared to other options. Include the cost, discipline, and fundingsource.
4. Please identify the applicable goals and objectives in your State/Urban Area Homeland Security Strategy that the requested aircraft/aviation equipment addresses.
5. Please explain how the requested aircraft/aviation equipment fits into the State/Urban Area’s integrated operational plans.
Cal OES ARF Revised 07/31/14
6. Please explain what types of terrorism incident response and prevention equipment with which the requested aircraft/aviation equipment will be outfitted.
7. Please describe how this aircraft/aviation equipment will be used operationally and which response assets will be deployed using the requested aircraft/aviation equipment.
8. Please describe how this aircraft/aviation equipment will be utilized on a regular, nonemergency basis.
9. Please certify on signed letterhead that an existing aviation unit is operating and will continue to operate independent ofthe requested funding. Describe the active, operating aviation unit and certify that no expenses will be charged against the grant award for the operation of such aviation unit. Please certify licensing, registration fees, insurance, and all ongoingoperational expenses are the responsibility of the grantee or the local units of government andare not allowable under this grant.
10. Attach letters of endorsement, if applicable.
Submitted by:____________________
_____________________________Date:
(Name) (Signature)
Cal OES ARE Revised 07/31/14
California Governor’s Office of Emerencv Services
WATERCRAFT REOUEST
Subgrantee Name:Homeland Security Grant Program FY Grant Number Cal OES ID#________Urban Area Security Initiative (UASI) FY Grant Number Cal OES ED#________ Other Program FY Grant Number Cal OES LD#________
Project Amount: UASI $ SHSP $____________
1. Indicate the type of equipment for this request (choose only one of the following).
Watercraft Watercraft- Related Equipment
2. Please provide a description of the area that will be served by the requested equipment.
Equipment & Description Cost AEL number
3. Please justify the need for the watercraft and how the requested platform best meets that need as compared to other options. Include the cost, discipline, and funding source.
4. Please describe the active, operating waterway patrol unit and certify on signed letterhead that no expenses will be charged against the grant award for the operation of such unit.
5. Please identify the applicable goals and objectives in your State/Urban Area Homeland Security Strategy that the requested watercraft addresses, and the waterway identified as critical asset requiring state and/or local prevention and response capabilities.
6. Please explain how the requested watercraft fits into the State/Urban Area’s integrated operational plans and vulnerability assessment.
Cal OES WRF Revised 07/11/13
California Governor’s Office of Emer2encv Services
WATERCRAFT REOUEST
7. Please describe how this watercraft will be used operationally and which response assets will be deployed using the requested watercraft.
8. Please describe how this watercraft will be utilized on a regular, non-emergency basis.
9. Please describe what types of terrorism incident response and prevention equipment with which the requested watercraft will be outfitted. Include any specializednavigational, communications, safety, and operational equipment necessary to enable such watercraft to support the homeland security mission. Please certify on signed letterhead that licensing, registration fees, insurance, and all ongoing operational expenses are the responsibility of the grantee or the local units of government and arenot allowable under this grant.
10. Attach letters of endorsement, if applicable.
Submitted by:__________________
______________________Date: ____________ (Name) (Signature) Cal OES WRF Revised 07/11/13
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
ENVIRONMENTAL AND HISTORIC PRESERVATION SCREENING FORM 0MB Control Number: 1660-0115 Expiration: 1/31/2024 Paperwork Burden Disclosure Notice
Public reporting burden for this data collection is estimated to average 8 hours per response. The burden estimate includes the time forreviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting this form.
This collection of information is required to obtain or retain benefits. You are not required to respond to this collection of information unless avalid 0MB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, Washington, DC, 20472, Paperwork Reduction Project (1660-0115).
PRIVACY NOTICE
The collection of this information is authorized by the National Environmental Policy Act of 1969, as amended, Pub. L. No. 91-190, § 102, 42 U.S.C. § 4321-4347; and National Historic Preservation Act of 1966, as amended, Pub. L. No. 89-665, § 102, 16 U.S.C. § 470.
This information is being collected for the primary purpose of determining eligibility and administration of FEMA Preparedness Grant Programs and to ensure compliance with existing laws and regulations regarding the environment and historic preservation.The disclosure of information on this form is required by law and failure to provide the information requested may delay or prevent theorganization from receiving grant funding.
Directions for completing this form: This form is designed to initiate and facilitate the environmental and historic preservation (EHP) compliance review for your FEMA preparedness grant-funded project(s). FEMA conducts its EHP compliance reviews in accordance with National Environmental Policy Act (N EPA) and other EHP-related laws and executive orders. In order to initiate EHP review of your project, you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. Be advised that completion of this form does not complete the EHP review process. You will be notified by FEMA when your review is complete and/or if FEMA needs additional information.
This form should be completed electronically. The document is available in both Word and Adobe Acrobat (pdf) formats at this website:
http://www.fema.gov/library/viewRecord.do?fromSearch=fromsearch&id=4802. The following website has additional guidance and instructions on the EHP review process and the information required for the EHP review: https://www.fema.gov/environmental-planning-andhistoric-preservation-compliance Submit completed form through your grant administrator who will fo,ward it to Please use the subject line: EHPSubmission: Project Title, location, Grant Award Number (Example, EHP Submission: Courthouse Camera Installation, Any Town, State, 12345; 2011-SS-Oxxxx).
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 1 of 12(05/2 1) SECTION A. PROJECT INFORMATION
DHS Grant Award Number: _____________________ Grant Program: _________________________ Grantee:
GranteePOC: ______________________ Mailing Address: _______________________ E-Mail:
Sub-Grantee:
Sub-Grantee POC:_______________________
MailingAddress: _______________________ E-Mail: _________________________ Estimated cost of project:
Project title:
______________________________________
Project location (physical address or latitude-longitude):
Project Description. Provide a complete project description. The project description should contain a summary of what specific action is proposed, where it is proposed, how it will be implemented. Include a brief description of the objectives the project is designed toaccomplish (the purpose), and the reason the project is needed. Use additional pages if necessary. If multiple sites are involved, provide the summary for each site:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 2 of 12 (05/21) SECTION B. PROJECT TYPE
Based on the proposed project activities, determine which project type applies below and complete the corresponding sections that follow.For multi-component projects or those that may fit into multiple project types, complete the sections that best apply and fully describe all major components in the project description. If the project involves multiple sites, information for each site (such as age of structure,location, ground disturbance, etc.) must be provided. Attach additional pages to this submission, if needed. 1 Purchase of equipment. Projects in this category involve the purchase of equipment that will require installation on or in a building or structure. Complete other portions of Section B as needed. Complete Section Cl.
2. Training and exercises. Projects in this category involve training exercises with any field-based components, such as drills or full-scale exercises. Complete Section C.2.
3 Renovationslupgradeslmodifications or physical security enhancements to existing structures. Projects in this category involve renovations, upgrades, retrofits, and installation of equipment or systems in or on a building or structure. Examplesinclude, but are not limited to: interior building renovations; electrical system upgrades; sprinkler systems; vehicle exhaust systems; closed circuit television (CCTV) cameras; security fencing; access control for an area, building, or room; bollards; motion detection systems; alarm systems; security door installation or upgrades; lighting; and audio-visual equipment (projectors,smart boards, whiteboards, monitors, displays, and projector screens). Complete Section C.3. 4 Generator installation. Projects in this category involve installation of new or replacement generators, to include the concrete pads, underground fuel and electric lines, and if necessary, a fuel storage tank. Complete Section C.4.
New constructionladdition. Projects in this category involve new construction, addition to, or expansion of a facility. Theseprojects involve construction of a new building, or expansion of the footprint or profile of a current structure. Complete SectionC.5.
6. Communication towers, antennas, and related equipment. Projects in this category involve construction of new or replacement communications towers, or installation of communications-related equipment on a tower or building or in a communications shelter or building. Complete Section C.6.
Other. Projects that do not fit in any of the categories listed above. Complete Section C.7.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 3 of 12 (05/21) SECTION C. PROJECT TYPE DETAILS
Check the box that applies to the proposed project and complete the corresponding details.
Purchase of equipment. If the entire project is limited to purchase of mobile/portable equipment and there is no installation needed, this form does not need to be completed and submitted. a. Specify the equipment, and the quantity of each: _________________________________ b. Provide the Authorized Equipment List (AEL) number(s) (if known): __________________________________ c. Complete Section D.
2. Training and exercises. If the training is classroom and discussion-based only, and is not field-based, this form does not need to be completed and submitted.
a. Describe the scope of the proposed training or exercise (purpose, materials, and type of a activities required):
__________________________________
b. Provide the location of the training (physical address or latitude-longitude):
__________________________________
c. Would the training or exercise take place at an existing facility which has established procedures for that particular proposed training or exercise, and that conforms with existing land use designations? Yes E No
• If yes, provide the name of the facility and the facility point of contact (name, telephone number, and e-mail address):
• If no, provide a narrative description of the area where the training or exercise would occur (e.g., exercise area within four pointsdefined by latitude/longitude coordinates):
___________________________________________
• Does the field-based training/exercise differ from previously permitted training or exercises in any way, including, but not limited to frequency, amount of facilities/land used, materials or equipment used, number of participants, or type of activities?
___________________________________________
• If yes, explain any differences between the proposed activity and those that were approved in the past, and the reason(s) for the change in scope:
• If no, provide reference to previous exercise (e.g., FEMA grant name, number, and date):
________________________________________
d. Would any equipment or structures need to be installed to facilitate training?
___________________________________________
• If yes, complete Section D
3 Renovationslupgrades/modifications, or physical security enhancements to existing structures. If so, Complete Section D.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 4 of 12 (05/21)
4. Generator installation.
a. Provide capacity of the generator (kW):b. Identify the fuel to be used for the generator (diesel/propane/natural gas):c. Identify where the fuel for the generator would be stored (e.g. stand-alone tank, above or below ground, or incorporated in generator):
d. Complete Section D.
5. fl New constructionladdition.
a. Provide detailed project description (site acreage, new facility square footage/number of stories, utilities, parking, stormwater features, etc):
b. Provide technical drawings or site plans of the proposed project:
c. Complete Section D.
6. fl Communication towers, antennas, and related equipment. a. Provide the current net height (in feet above ground level) of the existing tower or building (with current attached equipment):
b. Provide the height (in feet above ground level) of the existing tower or building after adding/replacing equipment:
Complete items 6.c through 6.q below ONLY if this project involves construction of a new or replacement communications tower. Otherwise continue to Section D.
c. Provide the ground-level elevation (feet above mean sea level) of the site of the proposed communications tower:
d. Provide the total height (in feet above ground level) of the proposed communications tower or structure, including any antennas to be mounted:
• If greater than 199 feet above ground level, state why this is needed to meet the requirements of the project:
e. Would the tower be free-standing or require guy wires? • If guy wires are required, state number of bands and the number of wires per band:
• Explain why a guyed tower is needed to meet the requirements of this project:
f. What kind of lighting would be installed, if any (e.g., white strobe, red strobe, or steady burning)?
g. Provide a general description of terrain (e.g., mountainous, rolling hills, flat to undulating):
E Free standing El Guy wires
h. Describe the frequency and seasonality of fog/low cloud cover:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)(05/21)
El Attached
i. Provide a list of habitat types and land use at and adjacent to the tower site (within 1/2 mile), by acreage and percentage of total (e.g., woodlandconifer forest, grassland, agriculture) water body, marsh:
j. Is there evidence of bird roosts or rookeries present within 1/2 mile of the proposed site? El Yes El No • Describe how presence/absence of bird roosts or rookeries was determined:
__________________________________________
k. Identity the distance to nearest wetland area (e.g., forested swamp, marsh, riparian, marine) and coastline if applicable:
__________________________________
I. Distance to nearest existing telecommunication tower:
m. Have measures been incorporated for minimizing impacts to migratory birds? El Yes El No • If yes, Describe:
________________________________________
n. Has a Federal Communications Commission (FCC) registration been obtained for this tower? El Yes El No• If yes, provide Registration #:
__________________________________________
• If no, why?
________________________________________
o. Has the FCCE1O6 process been completed? El Yes El No p. Has the FCC Tower Construction Notification System (TCNS) process been completed? El Yes El No • If yes, Describe:
__________________________________________
q. Would any related equipment or structures need to be installed (e.g., backup generator and fuel source, communications shelter, fencing, or security measures)? El Yes El No • If yes, explain where and how each installation would be done.
Provide details about generator capacity (k, fuel source, fuel location and tank volume, amount of fencing, and size ofcommunication shelter:
__________________________________________
r. Complete Section D.
7 El Other: Complete this section if the proposed project does not fit any of the categories above. a. Provide a complete project description:
________________________________
b. Complete Section D.
FEMA FORM FF-207-FV-21-100 (formerly 024-0-1) Page 6 of 12 (05/21) SECTION D. PROJECT DETAILS
Complete all of the information requested below.
1, El Project Installation
a. Explain how and where renovations/upgrades/modifications would take place, or where equipment/systems will be installed: ________________________ _______ b. Would ground disturbance be required to complete the project or training? El Yes El No • If Yes, provide total extent (depth, length, and width) of each ground-disturbing activity. Include both digging and trenching.
For example, light poles and fencing have unique ground-disturbing activities (e.g., six light poles, 24’ dia. x 4’ deep; trenching 12’ x 500’ x 18” deep; 22 fence posts, 12” diameter x 3’ deep, and 2 gate posts, 18” diameter x 3’ deep):
• If yes, describe the current disturbed condition of the area (e.g., parking lot, road right-of-way, commercial development):
c. Would the equipment use the existing infrastructure for electrical distribution systems? • If no, describe power source and detail its installation at the site:
2. El Age of structurelbuilding at project site
a. Provide the year existing building(s) or structure(s) on/in/nearest to the location involved in the proposed project was built:
• If the building or structure involved is over 45 years old and significant renovation, rehabilitation, or modification has occurred, provide the year(s) modified and briefly describe the nature of the modification(s):
El Yes El No
b. Are there any structures or buildings that are 50 years old or older in or adjacent to the project area? El Yes El No
• If yes, provide the location of the structure(s), ground-level color photographs of the structure(s), and identify their location(s) on an aerial map:
c. Is the project site listed in the National Register of Historic Places (National Register), or in/near a designated local or National Register Historic District? The internet address for the National Registeris: http://nrhp.focus.nps.gov/ • If yes, identity the name of the historic property, site and/or district and the National Register document number:
El Yes El No
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
(05/2 1) Page 7 of 12
3. fl Site photographs, maps and drawings
a. Attach site photographs. Site photographs are required for all projects.
Use the following as a checklist for photographs of your project. Attachphotographs to this document or as accompanying documents in your submission.
• Labeled, color, ground-level photographs of the project site: fl Required• Labeled, color photograph of each location where equipment would be attached to a building or structure: Required
• Labeled, color aerial photographs of the project site: Required• Labeled, color aerial photographs that show the extent of ground disturbance (if applicable): fl Attached
• Labeled, color ground-level color photographs of the structure from each exterior side of the building/structure (applicable only if building/structure is more than 45 years old): El Attached b. Are there technical drawings or site plans available? El Yes El No • If yes, attach: El Attached
Appendix A has guidance on preparing photographs for EHP review
4. fl Environmental documentation
a. Is there any previously completed environmental documentation for this project at this proposed project site (e.g., EnvironmentalAssessment, or wetland delineation, or cultural/archaeological study)? El Yes El No • If yes, attach documentation with this form: Attachedb. Is there any previously completed agency coordination for this project (e.g., correspondence with the U.S. Fish and Wildlife Service, State Historic Preservation Office, Tribal Historic Preservation Office)? El Yes El No • If yes, attach documentation with this form: El Attached c. Was a NEPA document prepared for this project? El Yes El No • If yes, what was the decision? (Check one, and please attach):
El Finding of No Significant Impact (FONSI) from an Environmental Assessment (EA) orEl Record of Decision (ROD) from an Environmental Impact Statement (EIS).
Name of preparing agency:
__________________________________________
Date Attached:
_____________________
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 8 of 12 (05/2 1) Appendix A. Guidance for Supporting Photographs for EHP Grant Submissions Photographs are a vital component of the EHP review process and add an additional level of understanding about the nature and scope of theproject. They also provide pre-project documentation of site conditions. Please follow the guidance provided below when preparingphotographs for your EHP submission. The following pages provide examples of best practices used in earlier EHP submissions.Minimum requirements for photographs
1. Photographs should be in color.
2. Label all photographs with the name of facility, location (city/county, state) and physical location (physical address or latitude-longitude).
3. Label the photographs to clearly illustrate relevant features of the project, such as location of installed features (e.g., cameras, fences, sirens, antennas, generators) and ground disturbance. See examples below.
4. Identify ground disturbance. Adding graphics to a digital photograph is a means to illustrate the size, scope and location of ground disturbing activities.
Best Practices
1. Provide photographs in a separate file.
2. Place no more than 2 pictures per page.
3. Compressing pictures files (such as with Microsoft Picture Manager)1 or saving the file in PDF format will reduce the size of the file and facilitate e-mail submissions.
4. Identify the photograph file with the project name so that it can be matched to the corresponding FEMA EHP screening form.
5. Maximum file size for enclosures should not exceed 12 MB. If the total size of files for an EHP submission exceeds 12 MB, send the submission in multiple e-mails.
6. If necessary, send additional photographs or data in supplemental e-mails. Please use the same e-mail subject line with the additional label: 1 ofx, 2 ofx, . . x ofx.
Options for Creating Photographs
1. Obtain an aerial photo. There are multiple online sources for aerial photographs.
2. For the aerial photo, use the screen capture feature (Ctrl + Print Screen keys) and copy the image to photo editing software, such as Paint, or PhotoShop.1 Use that software to crop the image so the photo has the content necessary.
3. Open PowerPoint, or other graphics-oriented software, and paste the aerial or ground-level photograph on the canvas.
4. Use drawing tools, such as line drawing and shapes, to indicate the location of project features (for example: fencing, lighting, sirens, antennas, cameras, generators).
5. Insert text to label the features and to label the photograph.
6. Use drawing tools to identify ground-disturbing activities (if applicable).
7. Save the file with the project name or grant number so that it can be appropriately matched to the corresponding FEMA EHP screening form. Include this file with the EHP screening when submitting the project.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 9 of 12 (05/21) Appendix A. Supporting Photographs for EHP Grant Submissions Example Photographs
Aerial Photographs. The example in Figure
1 provides the name of the site, physical
address and proposed location for installing
new equipment. This example of a labeledaerial photograph provides good context of the surrounding area.
Figure 1. Example of labeled, color aerial photograph.
Ground-level photographs. The groundlevel photograph in Figure 2 supplements the aerial photograph in Figure 1, above.
Combined, they provide a clear
understanding of the scope of the project.
This photograph has the name and addressof the project site, and uses graphics to illustrate where equipment will be installed.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
Figure 2. Example of ground-level photograph showing proposed attachment of new equipment.
(05/21) Page 10 of 12
Appendix A. Supporting Photographs for EHP Grant Submissions Ground-level photograph with equipmentclose-up. Figure 3 includes a pasted imageof a CCTV camera that would be placed at the project site. Using desktop computer
software, such as PowerPoint,1 this can beaccomplished by inserting a graphic symbol (square, triangle, circle, star, etc.) where the
equipment would be installed. This example
includes the name and location of the site.
The site coordinates are in the degreeminute-second format.
Ground-level photograph with excavationarea close-up. The example in Figure 4shows the proposed location for the concrete pad for a generator and the ground
disturbance to connect the generator to the
building’s electrical service. This informationcan be illustrated with either an aerial orground-level photograph, or both. Thisexample has the name and physical addressof the project site.
New CCTV
Camera
Figure 3. Ground-level photograph with graphic showing
proposed equipment installation.
Trenctiing fromgenerator to
building’selectrical service;22ftx Iginx6
In.Generator Pad.4ftx lOftx8in
Figure 4. Ground-level photograph showing proposed ground disturbance area.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
(05/2 1)
Abc Tower Site, Some County, State: 12° 34’ 56.7” N,45° 67’ 89.12” W Sometown Community Center, 123 Elm Street, Sometown, State
Appendix A. Supporting Photographs for EHP Grant Submissions Communications equipment
photographs. The example inFigure 5 supports a project involvinginstallation of equipment on a tower.
Key elements are identifying where
equipment would be installed on thetower, name of the site and its location. This example provides site
coordinates in decimal format. 6ft and 3ft — Microwave
Dishes at 5Oft
4ft Microwave
— Dish at 2Oft
Any County Tower, State: 12.3456° N. 345678° W
Figure 5. Ground-level photograph showing proposedlocations of new communications equipment on an existing tower.
Interior equipment photographs.
The example in Figure 6 shows the
use of graphic symbols to represent
security features planned for a
building. The same symbols are used
in the other pictures where the same
equipment would be installed at other
locations in/on the building. This
example includes the name of thefacility and its physical address.
Figure 6. Interior photograph showing proposed location of new equipment.
Ground-level photographs of nearby historic structures and buildings. Consultation with the State Historic Preservation Office (SHPO) may be required for projects involving structures that are more than 50 years old, or are on the National Register of Historic Places. In that event, it will be necessary to provide a color, ground-level photograph of each side of the building/structure.1 Use of brand name does not constitute product endorsement, but is intended only to provide an example of the type of product capable of providing an element of the EHP documentation.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
A camera will be added
in the upper rightcorner and a proximitydoor access reader willbe added fr accesscontrol Some County Sheriff Dept 123 Elm Street,
4 (05/21) Page 12 of 12
Cal OES
GOVERNOR’S OFFICEOF EMERGENCY SERVICES
Non-Competitive Procurement Request
Information and Instructions
A Non-competitive procurement transaction is a purchase of property/goods or services, where only a single source that can provide the services or goods is afforded the opportunity to offer a price for the specified services or goods. Contracts mayinclude goods as well as services, and this definition will also apply to those circumstances (see Subrecipient Handbook (SRH) Section 6.045).All non-competitive procurements for contracted services or purchased goods greaterthan $10,000 must be justified and have prior written approval by Cal OES.
Complete this form and include the required narrative justification (as an attachment)addressing each of the elements outlined in SRH Section 6.045. The Grant Subaward Director, or their designee identified on the Grant Subaward Signature Authorization (Cal OES Form 2-103), must sign this form.
This form can be submitted as part of the Grant Subaward Application and/or with a Grant Subaward Modification (Cal QES Form 2-223), if not previously approved as part of the Grant Subaward Application.
Non-Competitive Procurement Request — Cal QES 2-156 (Revised 11/2020) Grant Subaward #:
S u bred pie nt: _____ Cal OES GOVERNOR’S OFFICE OF EMERGENCY SERVICES Non-Competitive Procurement RequestTotal Procurement Amount:
$___________
Procurement:
__________________________
Required narrative justification is attached and meets the requirements of SRH Section 6.045: YES NO
I certify a non-competitive procurement is necessary for the contract/procurement identified on this form.
Grant Subaward Director Name Grant Subaward Director Signature Date Cal OES Approval
Narrative response meets the requirements per Subrecipient Handbook Section 6.045.
Yes N/A
LIELIE
• Description of the product of service being procured
• Description of why it is necessary to procure the good or service in a non-competitive manner
• Addresses all elements for one or more of the following The good or services is available only from one source
Public exigency or emergency for the required equipment willnot permit a delay Competition is determined inadequate after solicitation Program Specialist Signature
Unit Chief Signature
Non-Competitive Procurement Request — Cal OES 2-156 (Revised 11/2020) Approved
LI Approved
LI Denied
LI Denied
LIELIE
LIE
Date
Date
EXHIBIT
F
Mayors Office of Public Safety
Cicy of Los AngelesSubrecipient Grunts Management Assessment ii Very Low I
2 Low I S
_
3 Medium I4 High I si Very High
Information Mayors Date of Assessment OfficeGrant Name and Grant Year UASI FY23 Useubrecipient Name Only Type of Non-Federal Entity (Local, JPA, Non-Profit)
flrant Administration Yen In Progress No N/A Comments
1. Prinr to receiving a subaward from the City of Los Angeles, did the organization receive a Federal grant (direct orindirectly) within the past 3 years? If Yes, please indicate the total number of Federal awards in the Comments section.
2. Does the organization have written policies and proceduresin place in accordance with 2 CFR Part 200, that includeprocedures for procurements, travel, contractual services andrecords retention?3. Does the organization have a method in place to trackprojects performed under Federal awards?4. Does the organization have a method in place to trackrevenues and evpenditures separately and distinctly fromother sources of revenues and evpenditures?S. Does the organization have a method in place to trackcosts incurred against the approved grant budget? Dersonnel Yes In Progress No N/A Comments6. Are the individuals with primary responsibility For the fiscal and administrative oversight of the grant familiar with the applicable grants management rules, principles, andregulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements forFederal Awards (2 CFR Part 200)?7. Does the organization have a structure iv place whereby ‘he preparer of documents is different than the approver?8. Are timesheets used to track the time staff spend onspecific grants?Audits Yes In Progress No N/A Comments
3. Did the organization receive more than $730,000 in Federalawards is the past fiscal year? IF No, skip to Question 13.
30. Was a single audit report completed per DM8 Circolar At33? If No, skip to Question 13.tl. Did the single audit result in ‘No Findings?’ If Yes, skip to Question 13.
12. If findings were identified, have the findings been resolved?
Monitoring Yes In Progress No N/A Comments13. Does the organization have documented policies andprocedures in place related to fraud investigations and‘sporting?14. Does the organization have equipment monitoringpolicies in place, including the tracking and safeguarding of equipment?
15. Does the organization inventory grant-funded equipment at least every two years?
S’4:4
Name/Title of Preparer signature DateName/Title of Mayor’s Office Reviewer 81 Sigvatare DateName/Title of Mapor’s Office Reviewer 82 Sigoatore Date