SUBAWARD AGREEMENTSubrecipient:Title: FY 2022 Urban Area Security Initiative (UASI) Grant ProgramCity Contract Number ATTACHMENT 2
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TABLE OF CONTENTSSection NumberSection TitlePage NumberI. 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...........................................................................................................3II. SUBAWARD TERMS AND CONDITIONS§2.1 Summary of Requirements..................................................................................4§2.2 City Adminstrative Requirements .......................................................................................... 4§2.3 DHS and CalOES Requirements........................................................................................... 7§2.4 Uniform Requirements for Federal Awards..................................................................... 12III. 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 ........................................................................................ 20Signature Page…… …… …… …… … …… …… …… …… …… …… …… …… …… …………. 2 UASI 22 Subaward Agreement ii
EXHIBITSExhibit A DHS Standard Conditions Exhibit B 2022 Standard Assurances for all Cal OES Federal Grant ProgramsExhibit C Financial Management Forms WorkbookExhibit D Modification Request and Reimbursement Request FormsExhibit E CalOES FormsExhibit F Grants Management Assessment Form UASI 22 Subaward Agreement 1
AGREEMENT NUMBER OF CITY CONTRACTSBETWEENTHE CITY OF LOS ANGELES ANDTHIS SUBAWARD AGREEMENT (“Agreement” or “Contract”) is made and entered into by and between the City of Los Angeles, a municipal corporation (the“City”), and(“”), (the “Subrecipient”). In consideration of themutual covenants set forth herein and the mutual benefits to be derived therefrom, theCity and Subrecipient (each a “Party” and collectively, the “Parties”) agree as follows:I. GENERAL INFORMATION§1.1 Federal Award InformationThe “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) 2022 Urban Area Security Initiative Grant Program, FAIN No.EMW-2022-SS-00043-S01, CFDA No. 97.067, Federal Award Date August 26, 2022. 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 in2CFR Sections200.56 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 (“CalOES”), acts as the “pass-through entity” (as such term is defined in 2 CFR Section 200.74 and used in this Agreement) for the subaward of the Federal award to the City for the benefit of the Los Angeles/Long Beach Urban Area (“LA/LBUA”) in the amount of $54753,330.00The City, acting through its Mayor’s Office of Public Safety (“Mayor’s Office”), acts as the pass-through entity for this subaward of the Federal award to Subrecipient.§1.2 Subaward Information and Period of PerformanceSubrecipient hereby accepts the following subaward (“Subaward”) of the Federal award upon the terms and conditions set forth in this Agreement:Subaward amount:Subaward Period of Performance (“Term”):$September 1, 2022 to May 31, 2025 UASI 22 Subaward Agreement 2
Match Requirement: Indirect Cost Rate for Subaward:NoneNoneThe term of this Agreement shall be the “Term” as set forth in this Section 1.2.§1.3 Parties and NoticeThe Parties to this Agreement, and their respective representatives who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:Party:Authorized Representative:Authorized Department:Address, Phone, Fax, E-mail:Party:Authorized Representative: Authorized Department: Address, E-mail:City of Los Angeles, Deputy MayorMayor’s Office of Public Safety200 N. Spring Street, Room 303 Los Angeles, CA 90012 Phone:(213) 978-0677Formal notices, demands and communications to be given hereunder by either Party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this section, within five business days of said change.§1.4 AuthoritiesThe 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. # 22-0988,11/22/22).
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Subrecipient warrants that it has obtained written authorization from its governing board or authorized body to execute this Agreement and accept and use the Subaward. Subrecipient further warrants that such written authorization specifies that Subrecipient, governing board or authorized body agree:a. That any liability arising out of the performance of this Agreement shall bethe responsibility of Subrecipient, governing board or authorized body.b. That Subaward funds shall not be used to supplant expenditurescontrolled 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 22 Subaward Agreement 4
II. SUBAWARD TERMS AND CONDITIONS§2.1 Summary of RequirementsBy 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 CalOES that are applicable to a recipient and/or subrecipient of a Federal award or grant. Such Requirements are set forth in the following documents and incorporated herein by this reference: (1) Department of Homeland Security FY 2022 Homeland Security Grant Program Notice of Funding Opportunity (“DHS NOFO”), (2) FY 2022 DHS Standard Terms and Conditions (“DHS Standard Conditions”)(Exhibit A),(3) FEMA Information Bulletins (“IB”), (4) CalOES 2022 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity (“CalOES Supplement”), (5) CalOES 2022 Standard Assurances for CalOES Federal Grant Programs (“CalOES Assurances”)(Exhibit B),(6) CalOES Grant Management Memos (“GMM”), and (7) the cost principles, uniform administrative requirements and audit requirements for federal grant programs as housed in Title 2, Part 200 of the CFR and in updates issued by the Office of Management and Budget (“OMB”) on http:///www.whitehouse.gov/omb/. Subrecipient hereby certifies that it has the institutional, managerial and financial capability to ensure proper planning, management and completion of its projects being funded by the Subaward(Exhibit C).§2.2 City Administrative RequirementsA. Subrecipient acknowledges and agrees that the City is acting as a “pass-through entity” (as such term is defined in 2 CFR § 200.74 and used in thisAgreement) for this Subaward and that the City shall have the rights andobligations relating to this Subaward and its administration as set forth inthis Agreement and in 2 CFR Part 200.B. Subrecipient and the City have previously completed a mutually approvedBudget/Expenditure Plan as incorporated in the Financial ManagementForms Workbook (the “Workbook”), which is pending approval by CalOES(the “Budget”) and is attached hereto as Exhibit C. Upon approval byCalOES, such Budget shall be the effective Budget for this Agreement.The Workbook contains detailed listings of items and projects and theamount of Subaward funds allocated for such items and projects. TheCity shall provide Subrecipient with an electronic Workbook ofSubrecipient’s projects. Subrecipient shall use the Subaward funds strictlyin accordance with the Workbook, and any expenditures not so made shallbe 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 22 Subaward Agreement 5
(attached hereto as Exhibit D), all required supporting documentation anda 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 CalOES.C. Subrecipient previously submitted to the City a Project Application inconnection with the Subaward, which included a Project Timeline (“ProjectTimeline”) setting forth milestones and completion dates for projectsfunded under the Subaward. Subrecipient shall manage its projects inaccordance with the Project Timeline and provide, in a timely manner, anyplans and reports requested by the City regarding the status of suchprojects. If a Workbook modification request requires a modification to theProject Timeline, Subrecipient shall update the Project Timelineaccordingly and submit it along with its Workbook modification request forapproval.D. Subrecipient shall complete and deliver to the City all forms required byCalOES pertinent to the implementation of Subrecipient’s projects underthe Subaward. Such forms, which are collectively attached hereto asExhibit E, include: (1) an aviation equipment request form, (2) awatercraft equipment request form, (3) an Environmental and HistoricalPreservation (“EHP”) request form, and (4) a sole source procurementrequest form. Approval of such requests and forms shall be made by theCity and CalOES in their respective sole discretion. Subrecipientacknowledges that all such forms must be approved by the City andCalOES priorto expending Subaward funds. Failure to gain advanceapproval of such completed requests and forms by the City and CalOESmay result in the disallowance of such costs incurred by Subrecipient.E. Subrecipient agrees that any equipment, product, service or activityfunded with this Subaward shall comply with any and all technologicaland/or interoperability specifications and standards as may be approvedby the LA/LBUA region, and any such equipment, product, service oractivity 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, copyrightablematerials, and data for which the Federal awarding agency and CalOEShas rights to, as more fully set forth in 2 CFR Section 315 and Section2.3.P. of this Agreement.F. Any “equipment” (as such term is defined in 2 CFR § 200.33 and used inthis Agreement) acquired or obtained with Subaward funds: (1) shall bemade available pursuant to applicable terms of the California Disaster andCivil Defense Master Mutual Aid Agreement in consultation with UASI 22 Subaward Agreement 6
representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the LA/LBUA, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; (2) shall be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy; and (3) shall have an LA/LBUA identification decal affixed to it, and, when practical, shall be affixed where it is readily 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 or obtained with Subaward funds and reconcile the results with equipment records at least once every year.G. This Subaward is not a “fixed amount award” as such term is defined in 2CFR Section 200.45. Subrecipient agrees that disbursement of thisSubaward to Subrecipient shall be made on a reimbursement method. IfSubrecipient requests advance payment of Subaward funds, Subrecipientshall 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 andCalOES requirements for advance payments.In requesting reimbursement from Subaward funds, Subrecipient shallprovide to the City a completed Reimbursement Request Form (attachedhereto as Exhibit D) along with invoices, purchase orders, proof ofdelivery, 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 theSubaward is requested (collectively, the “Reimbursement Request”). Allsuch supporting documentation for the Reimbursement Request shallsatisfy applicable Federal, State and City audit and review standards andrequirements. Such documentation shall be prepared at the sole expenseand responsibility of Subrecipient, and the City and the Subaward will notreimburse 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 incompleteReimbursement Requests shall be returned to Subrecipient for revision.The City shall forward Reimbursement Requests to CalOES for paymentwithin thirty (30) days of receipt, provided such request is deemedaccurate and complete. The City shall reimburse Subrecipient within thirty(30) days of its receipt of funds from CalOES.
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Final Reimbursement Requests for this Subaward must be received by the City no later than One Hundred Twenty (120) days prior to the end of the Term to allow the City sufficient time to complete close-out activities for this Subaward (the “Reimbursement Deadline”). Any Reimbursement Request submitted after the Reimbursement Deadline shall be rejected unless approved by the Mayor’s Office in advance of the Reimbursement Deadline. After the Reimbursement Deadline, any unexpended Subaward funds may be re-directed to other needs across the LA/LBUA region. The City will notify Subrecipient, in writing, when unexpended Subaward fundsmay be re-directed.H. Subrecipient acknowledges that the City makes no commitment todisburse Subaward funds beyond the terms set forth herein and thatfunding for all periods during the Subaward Term is subject to thecontinuing availability to the City of federal funds for this Subaward fromCalOES and the Federal awarding agency. This Agreement may beterminated immediately upon written notice to Subrecipient of any loss orreduction of Subaward funds.I. Subrecipient shall comply with all federal, state, and local laws andregulations for vaccine requirements. Each Subrecipient shall comply withtheir own policies and mandates for COVID-19 vaccine requirements.§2.3 DHS and CalOES RequirementsSubrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.A. Subrecipient will not use Subaward funds to supplant (replace) funds thathave been budgeted for the same purpose through non-federal sources.Upon request by the City, CalOES and/or the Federal awarding agency,Subrecipient may be required to provide supporting documentation thatcertifies a reduction in non-Federal resources that occurred for reasonsother than the receipt or expected receipt of Subaward funds.Subrecipient shall not charge any costs allocable under this Subaward toany other Federal award to overcome fund deficiencies, to avoidrestrictions imposed by Federal statutes, regulations, or terms andconditions of Federal awards, or for other reasons. Subrecipient shall notbe delinquent in the repayment of any Federal debt. Subrecipient mustrequest instruction from the City and CalOES for proper disposition of anyoriginal or replacement equipment acquired with Subaward funds.B. Subrecipient shall comply with the requirement of 31 U.S.C. Sections3729 to 3733, which sets forth that no subgrantee, recipient or UASI 22 Subaward Agreement 8
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 for violations of this requirement. C. Subrecipient shall comply with the provisions of DHS SpecificAcknowledgements and Assurancessection set forth in the DHS StandardConditions and the Reporting Accusations and Findings of Discriminationsection of the CalOES Assurances.D. Subrecipient shall comply with the provisions of the Lobbying and PoliticalActivitiessection set forth in the CalOES Assurances. In connectionthereto, Subrecipient hereby certifies that:1. No Federal appropriated funds have been paid or will be paid, by or onbehalf of Subrecipient, to any person for influencing or attempting toinfluence 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, themaking of any Federal grant, the making of any Federal loan, theentering 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 orwill be paid to any person for influencing or attempting to influence anofficer 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 cooperativeagreement, Subrecipient shall complete and submit StandardForm-LLL "Disclosure Form to Report Lobbying" in accordance with itsinstructions.3. Subrecipient shall require that the language of this certification beincluded 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 employeeswhose principal employment activities are funded in whole or in part withfederal funds.
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E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFRSection 200.214 and codified in 2 CFR Part 180, Subrecipient shallprovide protection against waste, fraud and abuse by debarring orsuspending those persons deemed irresponsible in their dealings with theFederal government. Subrecipient hereby certifies that it and itsprincipals:1. Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactionsby any Federal department or agency;2. Have not within a three-year period preceding this Agreement beenconvicted 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 Federalor State antitrust statutes or commission of embezzlement, theft,forgery, bribery, falsification or destruction of records, making falsestatements, or receiving stolen property;3. Are not presently indicted for or otherwise criminally or civilly chargedby a governmental entity (Federal, State, or local) with commission ofany of the offenses enumerated in paragraph 2.3.E.2. above; and4. Have not within a three-year period preceding this Agreement had oneor 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. Inconnection thereto, Subrecipient hereby certifies that it will or will continueto provide a drug-free workplace and a drug-free awareness program asoutlined in such Act.G. Subrecipient shall comply with all Federal statutes relating to non-discrimination, including, without limitation, those statutes and provisionsset forth in the Non-Discrimination and Equal Employment Opportunitysection of the CalOES Assurances.Subrecipient hereby certifies that it will comply with the Americans withDisabilities Act of 1990 (ADA) (42 U.S.C. § 12101 et seq.) and itsimplementing regulations, the Americans with Disabilities ActAmendments Act of 2008 (ADAAA) (Pub.L. No. 110-325) and allsubsequent amendments, Section 504 of the Rehabilitation Act of1973(Rehab. Act),as amended, 29 U.S.C. Section 794 and 24 CFR Parts8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR UASI 22 Subaward Agreement 10
Part 40, and theFair 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 the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments.Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.H. Subrecipient shall comply with the provisions set forth in theEnvironmental Standardssection of the CalOES Assurances.I. Subrecipient shall comply with the provisions set forth in the Reporting-Accountabilitysection of the CalOES 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 HumanTraffickingsection of the CalOES Assurances, which relate to compliancewith the Trafficking Victims Protection Act (TVPA) of 2000 (as amended by22 U.S.C. § 7104).K. Subrecipient shall comply with the provisions set forth in the LaborStandardssection and Worker’s Compensationsection of the CalOESAssurances, which relate to compliance with various Federal statutesregarding labor standards and State worker’s compensation requirementsset forth in California Labor Code Section 3700 et seq.L. Subrecipient shall comply with the provisions set forth in the Property-Relatedsection of the CalOES Assurances and the provisions applicableto construction projects as set forth in the Certifications Applicable Only toFederally-Funded Construction Projectssection of the CalOESAssurances.M. Subrecipient acknowledges the applicability of the Freedom of InformationAct (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 theCalifornia Public Records Act and Freedom of Information Actsection ofthe CalOES Assurances.
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N. Subrecipient shall comply with the provisions set forth in the BestPractices for Collection and Use of Personally Identifiable Information (PII)section of the CalOES Assurances.O. Subrecipient shall comply with the provisions set forth in theAcknowledgement of Federal Funding from DHS section andUse of DHSSeal, Logo, and Flagssection of the CalOES Assurances, which relate torequirements for acknowledging the use of federal funds and obtainingapproval for use of various DHS seals, logos, and flags.P. Subrecipient shall affix applicable copyright notices as required under theCopyrightsection of the CalOES Assurances and shall comply with andbe subject to the provisions set forth in the Patents and IntellectualProperty Rightssection of the DHS Standard Conditions and the CalOESAssurances.Q. If the total value of Subrecipient’s currently active grants, cooperativeagreements, and procurement contracts from all Federal assistance officeexceeds $10,000,000.00 for any period of time during the period ofperformance of this Subaward, Subrecipient shall comply with theprovisions set forth in the Reporting of Matters Related to RecipientIntegrity and Performance section of the DHS Standard Conditions andthe CalOES Assurances.R. Subrecipient shall comply with the SAFECOM Guidance for EmergencyCommunication Grants when using Subaward funds in connection withemergency communication equipment, including provisions on technicalstandards that ensure and enhance interoperable communications.S. Subrecipient shall comply with the Conflict of Interestsection, whichrequires Subrecipient to establish safeguards to prohibit employees fromusing their positions for a purpose that constitutes, or presents theappearance of personal or organizational conflict of interest or personalgain. Subrecipient shall comply with all Federal and State conflict ofinterest laws and regulations.T. Subrecipient shall comply with California Vehicle Code Sections 23123and 23123.5, and the provisions set forth in the Use of Cellular DeviceWhile Driving is Prohibitedsection of the CalOES Assurances.U. Subrecipient must ensure that any project activities carried on outside theUnited States are coordinated as necessary with appropriate governmentauthorities and that appropriate licenses, permits, or approvals areobtained.
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V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing (E.O. 13224), (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.W. Subrecipient acknowledges and shall comply with the following Special Conditions and Corrective Actions applicable to this UASI 22 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). CalOES may request additional procurement material. CalOES will not issue reimbursement 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, 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 Actand EO 14005, which requires that “all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” However, for FY 2022 awards, the BABAA requirement has been waived. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Subrecipient will be required to follow the BABAA requirements unless a waiver is requested and approved.
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§2.4 Uniform Requirements for Federal AwardsSubrecipient 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 Subaward is subject to the uniform administrative requirements, cost principles, and audit requirements for Federal awards which are codified in 2 CFR Part 200 (the “Uniform Requirements”). Subrecipient agrees that it is considered a “non-Federal entity” and a “subrecipient” as such terms are defined in 2 CFR Sections 200.69 and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and be subject to, all provisions, regulations and requirements applicable to a “subrecipient” and a “non-Federal entity” as set forth in the Uniform Requirements. Further, Subrecipient agrees that the City and CalOES are each a “pass-through entity” as such term is defined in 2 CFR Section 200.74 and that each of them shall have the rights and remedies of a “pass-through entity” in relation to this Subaward and Subrecipient as set forth in the Uniform Requirements. Without limitation, some of these Uniform Requirements are set forth below in this Section 2.4.A. Subrecipient shall disclose to the City any potential conflict of interest inconnection to this Subaward and its use in accordance with 2 CFRSection 200.112.B. Subrecipient shall comply with the mandatory disclosure requirements forviolations 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 specificconditions to this Subaward in accordance with 2 CFR Section 200.207,and Subrecipient shall comply with such conditions, including, but notlimited to, the sampling of procurements and equipment to ensure grantcompliance 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 ControlsSubrecipient shall comply with the requirements for a non-Federal entityregarding 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.Subrecipient shall complete and submit an annual Grants ManagementAssessment Form to the City (Exhibit F) to evaluate risk and determinegrant funding eligibility.E. In the event this Subaward requires cost sharing or matching of funds UASI 22 Subaward Agreement 14
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. Property StandardsWhen 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 Federal awarding agency to a royalty-free, non-exclusive and irrevocable right to use certain copyrighted work or work subject to copyright, (b) the rights of the Federal government to data produced under the Subaward, (c) the applicability of the Freedom of Information Act to certain research data produced or acquired under the Subaward, and (d) Subrecipient’s compliance with applicable regulations governing patents and inventions, including government wide regulations codified at 37 CFR Part 401.Subrecipient agrees that it shall hold in trust all real property, equipment and intangible property acquired, developed or improved with Subaward funds in accordance with the provisions set forth in 2 CFR Section200.316.H. Procurement and Contracting RegulationsWhen 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 UASI 22 Subaward Agreement 15
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, CalOES and the Federal awarding agency. 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 non-Federal Entity Contracts under Federal Awards) as required by 2 CFR Section 200.326.I. Financial and Performance Monitoring and ReportingSubrecipient 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 to assure compliance with applicable Federal requirements and performance expectations. Further, Subrecipient shall comply with the financial and performance reporting requirements for a non-Federal entity as set forth in 2 CFR Sections 200.327 to 200.329 and any other reporting requirements that may be promulgated by the Federal awarding agency, CalOES or the City in accordance with such regulations. Such reporting requirements include the provision of any information required for the assessment or evaluation of any activities funded by the Subaward and the reporting of information related to real property in which the Federal government retains an interest.Subrecipient acknowledges that the City, as a “pass-through entity,” may make various findings, determinations, evaluations and reports regarding Subrecipient and its use of Subaward funds, as set forth in 2 CFR UASI 22 Subaward Agreement 16
Sections 200.330 to 200.332. In accordance with such regulations, Subrecipient shall comply with, and timely grant to the City and its auditors, any monitoring requests, requests for on-site access to facilities, equipment and personnel, and requests for any other information as may be authorized under such regulations. Subrecipient shall also timely grant to the City and its auditors access to Subrecipient’s records and financial statements as required under 2 CFR Section 200.331(a)(5). In addition, Subrecipient shall comply with any conditions that may be placed upon Subrecipient as part of the City’s risk evaluation of Subrecipient under 2 CFR Section 200.331(b). J. Record Retention and AccessSubrecipient shall comply with all records retention, maintenance, storage,transmission, and collection requirements applicable to a non-Federalentity 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, CalOES, and theCity, or any of their authorized representatives, the right of access to anydocuments, 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 toSubrecipient’s personnel for the purpose of interview and discussionrelated to such documents. These access rights shall not be limited toany required record retention period but last as long as the records areretained, and access shall not otherwise be limited unless as specificallypermitted under 2 CFR Sections 200.336 to 200.337.Subrecipient shall require any of its subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with the provisions of this Section.K. Cost PrinciplesSubrecipient shall comply with the cost principles for federal awards as setforth in 2 CFR Part 200 Subpart E (“Cost Principles”). Subrecipientacknowledges 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 theprovisions set forth in the Cost Principles.L. Audit RequirementsBy virtue of using Subaward funds, Subrecipient acknowledges andagrees that it is subject to the provisions set forth in 2 CFR Part 200Subpart F (“Audit Requirements”). Subrecipient shall comply with allprovisions applicable to a non-Federal entity and an “auditee” (as defined UASI 22 Subaward Agreement 17
in 2 CFR § 200.6) as set forth in such Audit Requirements, including the requirement to conduct a single audit if applicable.M. Closeout and Post CloseoutSubrecipient shall comply with the obligations applicable to a non-Federalentity as it pertains to the closeout of this Subaward as set forth in 2 CFRSection 200.343. Subrecipient acknowledges and agrees that it shallcontinue to comply with the post closeout obligations set forth in 2 CFRSection 200.344 after closeout of the Subaward and expiration of theTerm of this Agreement.[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] UASI 22 Subaward Agreement 18
III. STANDARD PROVISIONS§3.1 Independent PartySubrecipient is acting hereunder as an independent party, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City by virtue of this Agreement.§3.2 Construction of Provisions and Titles HereinAll titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Subrecipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.§3.3 Applicable Law, Interpretation and EnforcementEach party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, the County and City of Los Angeles, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.In any action arising out of this Agreement, Subrecipient consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts located in Los Angeles County, California.If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby.§3.4 Integrated AgreementThis 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.
UASI 22 Subaward Agreement 19
§3.5 Excusable DelaysIn the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control.§3.6 BreachExcept for excusable delays as described in §3.5 herein, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.§3.7 Prohibition Against Assignment or DelegationSubrecipient may not, unless it has first obtained the written permission of the City:A. Assign or otherwise alienate any of its rights hereunder, including the rightto payment; orB. Delegate, subcontract, or otherwise transfer any of its duties hereunder.§3.8 IndemnificationEach of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
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A. Pursuant to Government Code Sections 895.4 and 895.6, the parties shalleach assume the full liability imposed upon it, or any of its officers, agentsor 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 uponpublic 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 oromission by both Parties, each party shall bear financial responsibility inproportion to its percentage of fault as may be mutually agreed or judiciallydetermined. The provisions of Civil Code Section 2778 regardinginterpretation of indemnity agreements are hereby incorporated.§3.9 Subcontractor AssurancesSubrecipient 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 NoncomplianceSubrecipient 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, CalOES 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, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward. Any costs incurred by Subrecipient during a suspension or after termination of the Subaward shall not be considered allowable under the Subaward unless allowed under 2 CFR Section 200.342. Subrecipient shall be liable to the Federal awarding agency, CalOES and the City for any Subaward funds the Federal awarding agency or CalOES determines that Subrecipient used in violation of any Requirements reference in Section 2.1 above, and Subrecipient shall indemnify and hold harmless the City for any sums the Federal awarding agency or CalOES determines Subrecipient used in violation of such Requirements.Subrecipient shall be granted the opportunity to object to and challenge the taking of any remedial action by the Federal awarding agency, CalOES or the City in accordance with the provisions set forth in 2 CFR Section 200.341.§3.11 TerminationSubrecipient 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, CalOES or the City as set forth in 2 CFR Section 200.339. Subrecipient shall have the right to terminate UASI 22 Subaward Agreement 21
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 AmendmentsAny change in the terms of this Agreement, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person(s) authorized to bind the parties thereto. §3.13 Complete AgreementThis 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 orunderstandings, whether written or oral, relating thereto. This Agreement may beamended only as provided for herein and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. This Agreement may be executed in one or more counterparts, and by theparties 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 scanned signatures (or signatures in another electronic format designated by City) andsent by e-mail shall be deemed original signatures.This Agreement includes twenty-(2) pages and six Exhibits which constitute the entire understanding and agreement of the parties. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] UASI 22 Subaward Agreement 22
IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.APPROVED AS TO FORM:HYDEE FELDSTEIN SOTO, City AttorneyByBarak Vaughn, Deputy City AttorneyDateFor: THE CITY OF LOS ANGELESKAREN BASS, MayorBy ________________________Karen Bass, MayorDate ATTEST:HOLLY L. WOLCOTT, City ClerkByDeputy City ClerkDateAPPROVED AS TO FORM:By[Attorney] DateFor:By Date [SEAL]ATTEST:ByDateCity Business License Number:Internal Revenue Service ID Number:Council File/OARS File Number: C.F. #22-0988; Date of Approval: 11/22/22City Contract Number
EXHIBIT A
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022 The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. 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 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions. A. Assurances, Administrative Requirements, Cost Principles, Representations andCertificationsI. DHS financial assistance recipients must complete either the Office ofManagement and Budget (OMB) Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – ConstructionPrograms, as applicable. Certain assurances in these documents may not beapplicable to your program, and the DHS financial assistance office (DHS FAO)may require applicants to certify additional assurances. Applicants are required tofill out the assurances as instructed by the awarding agency.II. DHS financial assistance recipients are required to follow the applicableprovisions of the Uniform Administrative Requirements, Cost Principles, and AuditRequirements 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.III. By accepting this agreement, recipients, and their executives, as defined in2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’sguidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevantExecutive guidance.B. General Acknowledgements and AssurancesAll recipients, subrecipients, successors, transferees, and assignees mustacknowledge and agree to comply with applicable provisions governing DHS access torecords, accounts, documents, information, facilities, and staff.I. Recipients must cooperate with any DHS compliance reviews or complianceinvestigations conducted by DHS.II. Recipients must give DHS access to examine and copy records, accounts, andother documents and sources of information related to the federal financialassistance award and permit access to facilities or personnel.III. Recipients must submit timely, complete, and accurate reports to the appropriateDHS officials and maintain appropriate backup documentation to support thereports.IV. Recipients must comply with all other special reporting, data collection, andevaluation 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 pass-through entities) of federal financial assistance from DHS or one of its awardingcomponent agencies must complete the DHS Civil Rights Evaluation Tool withinthirty (30) days of receipt of the Notice of Award for the first award under which thisterm applies. Recipients of multiple awards of DHS financial assistance shouldonly submit one completed tool for their organization, not per award. After the FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022 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, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. 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 [email protected] prior to expiration of the 30-day deadline. C. Standard Terms & Conditions I. Acknowledgement 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. III. Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (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 InformationRecipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. VI. Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022 United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VII.Civil Rights Act of 1968Recipients 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 therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. IX. Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X. Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). XI. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022 XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – 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. 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 plan issued in compliance with this Act. XIV. Ensuring the Future is Made in All of America by All of America’s Workers Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and E.O. 14005 which provide that, as appropriate and to the extent consistent with law, the recipient must use all practicable means within their authority under a federal award to provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products.) XV. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) 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 OMB 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 for or 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-138942. XIX. Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022 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 theprohibitions described in section 889 of the John S. McCain National Defense AuthorizationAct for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and2 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 on certain telecommunications and video surveillance products and contracting with certainentities 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, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. 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 Member of 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 those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022 XXV. Non-Supplanting 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 Opportunity RequirementsAll 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 Property RightsRecipients 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 from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 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 of recovered 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 that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XXX. Reporting of Matters Related to Recipient 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 time during 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. Reporting Subawards and Executive CompensationReporting 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 FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. XXXII.SAFECOMRecipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXXIII. 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 with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. XXXIV. 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 of 2000 (TVPA), 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. XXXV. Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. XXXVI. USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. XXXVII.Use of DHS Seal, Logo and FlagsRecipients must obtain permission from their DHS FAO 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. XXXVIII. 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.
EXHIBIT B
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines. 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 audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of AuthorityThe Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
(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)Official executing this agreement is authorized by the Applicant. This Proof of Authority must be maintained on file and readily available upon request.2. Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The 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.
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principalemployment activities are funded in whole or in part with federal funds.Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non-discrimination, including:
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
(a)Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b)Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
(k)DHS policy to ensure the equal treatment of faith-based organizations, underwhich the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.7. Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
(e)Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of 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 all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards;(h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation 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 et seq.);(l)Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
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 Title 2 of the Code of Federal Regulations, 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 theawarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.11. Financial Management False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which 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 limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, 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 System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. 13. Whistleblower ProtectionsThe 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.
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
14.Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits 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 Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker’s Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.17.Property-Related If applicable to the type of project funded by this federal award, the Applicant will:(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires 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 and acquisition is $10,000 or more; Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
(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 (16 U .S.C. § 469a-1 et seq.); 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 from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency orState.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. 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.
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
20.California Public Records Act and Freedom of Information ActThe Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.HOMELAND SECURITY GRANT PROGRAM (HSGP) – PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Acknowledgment of Federal Funding from DHSThe Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 22. Activities Conducted Abroad The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) 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 PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource. 24. Copyright The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
25.Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act 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 OMB Circular A-129.28. Fly America Act of 1974 The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 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 space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
30.Non-supplanting RequirementIf the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (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 assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 32. SAFECOM If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.33. Terrorist Financing The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. 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 for any period of time during the period of performance of this federal financial assistance award, the Applicant 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.
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
35.USA Patriot Act of 2001The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.36. Use of DHS Seal, Logo, and Flags 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 DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions 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 how the 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 tribes or there is a federal law or regulation exempting its application to Indian tribes, then the 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 impose additional 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:
Standard AssurancesFor Cal OES Federal Non-Disaster Grant Programs
(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;(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 greater than 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 not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the 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 structure or 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, OMB 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. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
Standard AssurancesFor 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 the Applicant and available for Cal OES 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 any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-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
EXHIBIT D
EXHIBIT E
AIRCRAFT/AVIATION-RELATED EQUIPMENT REQUEST
Cal OES ARF Revised 07/31/14
Subgrantee Name: Homeland Security Grant Program FY Grant Number Cal OES ID#Urban Area Security Initiative (UASI) FY Grant Number Cal OES ID#Other Program FY Grant Number Cal OES ID#Project Amount: UASI $ SHSP $1. Indicate the type of aircraft/aviation equipment for this request (choose only one of the following).2. Please provide a description of the area that will be served by the requested equipment.Equipment & Description Cost AEL number3. 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 funding source.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.
Aircraft _____ Aviation Related Equipment _____
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, non-emergency basis.9. Please certify on signed letterhead that an existing aviation unit is operating and will continueto operate independent of the 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 ongoing operational expenses are the responsibility of the grantee or the local units of government and are not allowable under this grant.10. Attach letters of endorsement, if applicable.Submitted by: Date: _____________ (Name) (Signature) California Governors Office of Emergency ServicesWATERCRAFT REQUEST Cal OES WRF Revised 07/11/13
Subgrantee Name: Homeland Security Grant Program FY Grant Number Cal OES ID# Urban Area Security Initiative (UASI) FY Grant Number Cal OES ID# Other Program FY Grant Number Cal OES ID# 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.
California Governors Office of Emergency ServicesWATERCRAFT REQUEST Cal OES WRF Revised 07/11/13
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 specialized navigational, 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 are not allowable under this grant. 10. Attach letters of endorsement, if applicable. Submitted by: Date: (Name) (Signature) FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) (05/21)Page 1 of 12 OMB Control Number: 1660-0115 Expiration: 1/31/2024DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency ENVIRONMENTAL AND HISTORIC PRESERVATION SCREENING FORM 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 for reviewing 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 a valid OMB 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 the organization 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 (NEPA) 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-and-historic-preservation-compliance Submit completed form through your grant administrator who will forward it to [email protected]. Please use the subject line: EHP Submission: Project Title, location, Grant Award Number (Example, EHP Submission: Courthouse Camera Installation, Any Town, State, 12345; 2011-SS-0xxxx).
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) (05/21)Page 2 of 12 SECTION A. PROJECT INFORMATION DHS Grant Award Number:Grant Program:Grantee: Grantee POC: Mailing Address: E-Mail:Sub-Grantee: Sub-Grantee POC: Mailing Address: 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 to accomplish (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) (05/21)Page 3 of 12 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 C.1.2.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.Renovations/upgrades/modifications 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. Examples include, 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.4.5.New construction/addition. Projects in this category involve new construction, addition to, or expansion of a facility. These projects involve construction of a new building, or expansion of the footprint or profile of a current structure. Complete Section C.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. 7.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) (05/21)Page 4 of 12 SECTION C. PROJECT TYPE DETAILS Check the box that applies to the proposed project and complete the corresponding details. 1.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? YesNo 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 points defined 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 D3.Renovations/upgrades/modifications, or physical security enhancements to existing structures. If so, Complete Section D.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) (05/21)Page 5 of 12
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.New construction/addition.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:Attachedc. Complete Section D.6.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? Free standingGuy 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): h. Describe the frequency and seasonality of fog/low cloud cover:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) (05/21)Page 6 of 12 i. Provide a list of habitat types and land use at and adjacent to the tower site (within ½ mile), by acreage and percentage of total (e.g., woodland conifer forest, grassland, agriculture) water body, marsh: j. Is there evidence of bird roosts or rookeries present within ½ mile of the proposed site?YesNo Describe how presence/absence of bird roosts or rookeries was determined: k. Identify the distance to nearest wetland area (e.g., forested swamp, marsh, riparian, marine) and coastline if applicable: l. Distance to nearest existing telecommunication tower:m. Have measures been incorporated for minimizing impacts to migratory birds?YesNo If yes, Describe: n. Has a Federal Communications Commission (FCC) registration been obtained for this tower?YesNo If yes, provide Registration #: If no, why?o. Has the FCCE106 process been completed?YesNop. Has the FCC Tower Construction Notification System (TCNS) process been completed?YesNo 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)?YesNo If yes, explain where and how each installation would be done. Provide details about generator capacity (kW), fuel source, fuel location and tank volume, amount of fencing, and size of communication shelter:r. Complete Section D.7.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-FY-21-100 (formerly 024-0-1) (05/21)Page 7 of 12 SECTION D. PROJECT DETAILS Complete all of the information requested below.1.Project Installationa. 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?YesNo 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?YesNo If no, describe power source and detail its installation at the site:2.Age of structure/building at project sitea. 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): b. Are there any structures or buildings that are 50 years old or older in or adjacent to the project area? YesNo 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 Register is: http://nrhp.focus.nps.gov/YesNo If yes, identify the name of the historic property, site and/or district and the National Register document number:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) (05/21)Page 8 of 12
3.Site photographs, maps and drawingsa. Attach site photographs. Site photographs are required for all projects. Use the following as a checklist for photographs of your project. Attach photographs to this document or as accompanying documents in your submission.Labeled, color, ground-level photographs of the project site: RequiredLabeled, color photograph of each location where equipment would be attached to a building or structure: RequiredLabeled, color aerial photographs of the project site: RequiredLabeled, color aerial photographs that show the extent of ground disturbance (if applicable):AttachedLabeled, 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):Attachedb. Are there technical drawings or site plans available?YesNoIf yes, attach:AttachedAppendix A has guidance on preparing photographs for EHP review 4.Environmental documentationa. Is there any previously completed environmental documentation for this project at this proposed project site (e.g., Environmental Assessment, or wetland delineation, or cultural/archaeological study)?YesNoIf 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)? YesNoIf yes, attach documentation with this form:Attachedc. Was a NEPA document prepared for this project? YesNoIf yes, what was the decision? (Check one, and please attach):Finding of No Significant Impact (FONSI) from an Environmental Assessment (EA) or 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) (05/21)Page 9 of 12 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 the project. They also provide pre-project documentation of site conditions. Please follow the guidance provided below when preparing photographs 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 of x, 2 of x, . . . x of x.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) (05/21)Page 10 of 12 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 labeled aerial photograph provides good context of the surrounding area.Figure 1. Example of labeled, color aerial photograph. Ground-level photographs. The ground-level 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 address of the project site, and uses graphics to illustrate where equipment will be installed.
Figure 2. Example of ground-level photograph showing proposed attachment of new equipment.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) (05/21)Page 11 of 12 Appendix A. Supporting Photographs for EHP Grant Submissions Ground-level photograph with equipment close-up. Figure 3 includes a pasted image of a CCTV camera that would be placed at the project site. Using desktop computer software, such as PowerPoint,1 this can be accomplished 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 degree-minute-second format.
Figure 3. Ground-level photograph with graphic showing proposed equipment installation. Ground-level photograph with excavation area close-up. The example in Figure 4 shows 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 information can be illustrated with either an aerial or ground-level photograph, or both. This example has the name and physical address of the project site.
Figure 4. Ground-level photograph showing proposed ground disturbance area.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) (05/21)Page 12 of 12 Appendix A. Supporting Photographs for EHP Grant Submissions Communications equipment photographs. The example in Figure 5 supports a project involving installation of equipment on a tower. Key elements are identifying where equipment would be installed on the tower, name of the site and its location. This example provides site coordinates in decimal format.
Figure 5. Ground-level photograph showing proposed locations 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 the facility 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.
REQUEST FOR NONCOMPETITIVE PROCUREMENT AUTHORIZATIONGrant Program:Grant Award No.(s): FIPS #:Subrecipient Name:If Subaward, list second-tier Subrecipient:Project No.(s): Feedback # (if applicable):Project Title(s):Requested Amount: Contract Total:Vendor:Please complete the following questions based on the entity making the purchase.1. Describe what the proposed vendor/contractor will provide: 2. Has Cal OES approved a noncompetitive procurement for this item(s)/service(s) in the past?Yes NoIf Yes, attach the most recent approval letter and Noncompetitive Procurement Authorization form.3. Is this noncompetitive procurement being made under a multi-year contract?Yes No If No, proceed to question 6.4. If Yes to Question 3, has Cal OES approved a noncompetitive procurement in the past under this multi-year contract? Yes No If No, proceed to question 6. 5. If Cal OES has previously approved a noncompetitive procurement under this multi-year contract, have there been any modifications since that approval? Yes No Note: A price/cost analysis must be performed with every procurement above the Simplified Acquisition Threshold (SAT)including modifications. Modifications include any change to the original contract, including extensions.
If Yes, proceed to question 8. If No, proceed to question 10.6. Indicate which of the following circumstances resulted in your organization’s need to enter into a noncompetitive contract and describe the details of those circumstances for this request under the following below. The item is available only from a single source. (Describe and detail the process used to make that determination.)A public necessity or emergency for the requirement will not permit a delay resulting from competitive solicitation. (Describe the necessity or emergency. Provide details.)After solicitation of a number of sources, the competition was determined inadequate. (Describe the solicitation process that determined competition was inadequate. Provide details including the length of the solicitation.) 7. Describe your organization’s standard procedures when considering a noncompetitive procurement, including the conditions under which a noncompetitive procurement is allowed, and any other applicable criteria (i.e., approval requirements, monetary thresholds, etc.).8. Attach a copy of the cost/price analysis for this procurement or contract modification if above the SAT.9. Do you have documentation to support profit negotiation? Yes NoNote: Profit must be negotiated for each contract in which there is no price competition and in all cases where cost analysis is performed.10. Certification:This is to certify that, to the best of our knowledge and belief, the data furnished on this form is accurate, complete and current. We further certify that this procurement has followed local procurement policies, and state and federal guidelines. We understand that any fraudulent information contained on this form may affect the allowability of federal funding for this item and/or have an effect on future Cal OES funding for this organization.Purchasing Agent:Name: Signature: Date:Primary Subrecipient:Name: Signature: Date:Cal OES Internal Use OnlyDate Submitted:
Procurement Type:Single Source Public Emergency Inadequate CompetitionAttachments enclosed:Previous Approval LetterPrevious Noncompetitive Procurement Authorization Request form for this item(s)/service(s)Cost/Price AnalysisOther Supporting Documents: ______________________________________________ Program Representative Review - Comments:Unit Chief Review - Comments:Approved DeniedGrants Procurement Compliance Manager – Comments:Grants Procurement Compliance Manager: Date:
EXHIBIT F
Mayor's Office of Public SafetyCity of Los AngelesSubrecipient Grants Management Assessment1Very Low2Low 3Medium 4High 5Very High InformationDate of AssessmentGrant Name and Grant YearSubrecipient NameType of Non-Federal Entity (Local, JPA, Non-Profit)Grant AdministrationYes In Progress No N/AScoring1. Prior 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 include procedures for procurements, travel, contractual services and records retention? 3. Does the organization have a method in place to track projects performed under Federal awards?4. Does the organization have a method in place to track revenues and expenditures separately and distinctly fromother sources of revenues and expenditures?5. Does the organization have a method in place to track costs incurred against the approved grant budget?PersonnelYes In Progress No N/AScoring6. Are the individuals with primary responsibility for the fiscaland administrative oversight of the grant familiar with the applicable grants management rules, principles, and regulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements forFederal Awards (2 CFR Part 200)?7. Does the organization have a structure in place whereby the preparer of documents is different than the approver?8. Are timesheets used to track the time staff spend on specific grants?AuditsYes In Progress No N/AScoring9. Did the organization receive more than $750,000 in Federalawards in the past fiscal year? If No, skip to Question 13.10. Was a single audit report completed per OMB Circular A-133? If No, skip to Question 13.11. Did the single audit result in 'No Findings?' If Yes, skip toQuestion 13.12. If findings were identified, have the findings been resolved?MonitoringYes In Progress No N/AScoring13. Does the organization have documented policies and procedures in place related to fraud investigations and reporting?14. Does the organization have equipment monitoring policies in place, including the tracking and safeguarding of equipment?15. Does the organization inventory grant-funded equipmentat least every two years?Final ScoreName/Title of PreparerSignature DateName/Title of Mayor's Office Reviewer #1DateName/Title of Mayor's Office Reviewer #2Date Mayor's OfficeUseOnly Risk Scoring
SignatureSignatureCommentsCommentsCommentsComments