SUBAWARD AGREEMENT
Subrecipient: City of Burbank
Title: FY 2024 Urban Area Security Initiative (UASI) Grant Program City Contract Number
ATTACHMENT 2
UASI 24 Subaward Agreement 1
TABLE OF CONTENTS
Section
Number Section Title Page
Number
I. GE
NERAL INFORMATION
§1.1 F
ederal Award Information 1
§1.2 Subaward Information and Period of Performance 1
§1.3 Parties and Notice 2
§1.4 Authorities 3
II. SUBAWARD TERMS AND CONDITIONS
4 7
§2.1 Summary of Requirements
§2.2 City Administrative Requirements
§2.3 DHS and CalOES Requirements
§2.4 Uniform Requirements for Federal
Awards
12 III. STANDARD PROVISIONS
§3.1 I
ndependent Party 17
§3.2 Construction of Provisions and Title Herein 17
§3.3 Applicable Law, Interpretation and Enforcement 17
§3.4 Integrated Agreement 17
§3.5 Excusable Delays 18
§3.6 Breach 18
§3.7 Prohibition Against Assignment and Delegation 18
§3.8 Indemnification 18
§3.9 Subcontractor Assurances 19
§3.10 Remedies for Noncompliance 19
§3.11 Termination 19
§3.12 Amendments 20
§3.13 Complete Agreement 20
Signature Page………………………………………………………………………. 21
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EXHIBITS
Exhibit A DHS Standard Conditions
Exhibit B 2024 Standard Assurances for all Cal OES Federal Grant Programs Exhibit C Financial Management Forms Workbook
Exhibit D Modification Request and Reimbursement Request Forms Exhibit E CalOES Forms
Exhibit F Grants Management Assessment Form
UASI 24 Subaward Agreement 1
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND CITY OF BURBANK
THIS SUBAWARD AGREEMENT (“Agreement” or “Contract”) is made and entered into by and between the City of Los Angeles, a municipal corporation (the “City”), and the City of Burbank, (the “Subrecipient”). In consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the City and Subrecipient (each a “Party” and collectively, the “Parties”) agree as follows:
I. GENERAL INFORMATION
§1.1 Federal Award Information
The “Federal award” (as such term is defined in the Code of Federal Regulations (“CFR”), 2 CFR §200.38, and used in this Agreement) is the Fiscal Year (FY) 2024 Urban Area Security Initiative Grant Program, FAIN #EMW-2024-SS- 05088, CFDA #97.067, Federal Award Date September 1, 2024. This is not a “Research & Development” award as defined in 2 CFR §200.87 and 200.331, and there is no “indirect cost rate” for this federal award as defined in 2 CFR §200.56 and 200.331.
The “Federal awarding agency” (as such term is defined in 2 CFR §200.36 and used in this Agreement) is the United States Department of Homeland Security, Federal Emergency Management Agency, Grants Program Directorate (“DHS”).
The State of California, through its Governor’s Office of Emergency Services (“CalOES”), acts as the “pass-through entity” (as such term is defined in 2 CFR §200.74 and used in this Agreement) for the subaward of the Federal award to the City for the benefit of the Los Angeles/Long Beach Urban Area (“LA/LBUA”) in the amount of $49,119,978.00.
The City, acting through its Mayor’s Office of Public Safety (“Mayor’s Office”), acts as the pass-through entity for this subaward of the Federal award to Subrecipient.
§1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward (“Subaward”) of the Federal award upon the terms and conditions set forth in this Agreement:
Subaward amount: $247,041.00
Subaward Period of Performance (“Term”): September 1, 2024 to May 31, 2027
U
ASI 24 Subaward Agreement 2
M
atch Requirement: None
S
ubrecipient Identifier: 071906432(Fire)
032271236 (Police)
I
ndirect Cost Rate for Subaward: None
T
he term of this Agreement shall be the “Term” as set forth in this Section 1.2. §1.3 Parties and Notice
The Parties to this Agreement, and their respective representatives who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:
P
arty: City of Los Angeles
Authorized Representative: Robert Clark, Deputy Mayor
Authorized Department: Mayor’s Office of Public Safety Address, Phone, Fax, E-mail: 200 N. Spring Street, Room 303 Los Angeles, CA 90012
Phone: (213) 978-0687
Email: [email protected]
P
arty: City of Burbank
A
uthorized Representative:
Authorized Department:
A
ddress, Phone, Fax, E-mail:
Copy to:
Christine Alles
Burbank Fire Department
311 East Orange Grove Ave.
Burbank CA 91502
Email: [email protected]
Brigitte Le
[email protected]
Viviana Garzon
[email protected]
F
ormal 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
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section, within five business days of said change.
§1.4 Authorities
The Los Angeles City Council and the City’s Mayor have accepted the Federal award and have authorized the City to execute this Agreement (C.F. # 24-0975, 3/5/2025).
Subrecipient warrants that it has obtained written authorization from its governing board or authorized body to execute this Agreement and accept and use the Subaward. Subrecipient further warrants that such written authorization specifies that Subrecipient, governing board or authorized body agree:
a. That any liability arising out of the performance of this Agreement shall be the responsibility of Subrecipient, governing board or authorized body. b. That Subaward funds shall not be used to supplant expenditures controlled by governing board or authorized body.
c. That the official executing this Agreement is authorized to do so.
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II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply with all terms and conditions set forth in this Agreement, which includes all guidance, regulations and requirements (collectively, “Requirements”) of the Federal awarding agency and 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 2024 Homeland Security Grant Program Notice of Funding Opportunity (“DHS NOFO”), (2) FY 2024 DHS Standard Terms and Conditions (“DHS Standard Conditions”) (Exhibit A), (3) FEMA Information Bulletins (“IB”), (4) CalOES 2024 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity (“CalOES Supplement”), (5) CalOES 2024 Standard Assurances for All 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 Requirements
A. 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 this Agreement) for this Subaward and that the City shall have the rights and obligations relating to this Subaward and its administration as set forth in this Agreement and in 2 CFR Part 200.
B. Subrecipient and the City have previously completed a mutually approved Budget/Expenditure Plan as incorporated in the Financial Management Forms Workbook (the “Workbook”), which is pending approval by CalOES (the “Budget”) and is attached hereto as Exhibit C. Upon approval by CalOES, such Budget shall be the effective Budget for this Agreement.
The Workbook contains detailed listings of items and projects and the amount of Subaward funds allocated for such items and projects. The City shall provide Subrecipient with an electronic Workbook of Subrecipient’s projects. Subrecipient shall use the Subaward funds strictly in accordance with the Workbook, and any expenditures not so made shall be deemed disallowed under this Subaward.
Any request by Subrecipient to modify the Workbook must be made in writing and accompanied by a completed Modification Request Form
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(attached hereto as Exhibit D), all required supporting documentation and a revised Workbook showing such modification. Workbook modification requests must be submitted prior to deadlines set by the City. Inaccurate or incomplete requests shall be returned to the Subrecipient for revision.
Subrecipient shall not expend any funds on modified Workbook items until such modification is approved by the City and CalOES.
C. Subrecipient previously submitted to the City a Project Application in connection with the Subaward, which included a Project Timeline (“Project Timeline”) setting forth milestones and completion dates for projects funded under the Subaward. Subrecipient shall manage its projects in accordance with the Project Timeline and provide, in a timely manner, any plans and reports requested by the City regarding the status of such projects. If a Workbook modification request requires a modification to the Project Timeline, Subrecipient shall update the Project Timeline accordingly and submit it along with its Workbook modification request for approval.
D. Subrecipient shall complete and deliver to the City all forms required by CalOES pertinent to the implementation of Subrecipient’s projects under the Subaward. Such forms, which are collectively attached hereto as Exhibit E, include: (1) an aviation equipment request form, (2) a watercraft equipment request form, (3) an Environmental and Historical Preservation (“EHP”) request form, and (4) a sole source procurement request form. Approval of such requests and forms shall be made by the City and CalOES in their respective sole discretion. Subrecipient acknowledges that all such forms must be approved by the City and CalOES prior to expending Subaward funds. Failure to gain advance approval of such completed requests and forms by the City and CalOES may result in the disallowance of such costs incurred by Subrecipient.
E. Subrecipient agrees that any equipment, product, service or activity funded with this Subaward shall comply with any and all technological and/or interoperability specifications and standards as may be approved by the LA/LBUA region, and any such equipment, product, service or activity not so compliant shall be not eligible for funding by this Subaward.
Subrecipient shall further ensure that it retains from its contractors, subcontractors, and vendors all rights related to inventions, copyrightable materials, and data for which the Federal awarding agency and CalOES has rights to, as more fully set forth in 2 CFR §315 and Section 2.3.P. of this Agreement.
F. Any “equipment” (as such term is defined in 2 CFR §200.33 and used in this Agreement) acquired or obtained with Subaward funds: (1) shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with
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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 visible and prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security."
Subrecipient shall take a physical inventory of all equipment acquired or obtained with Subaward funds and reconcile the results with equipment records at least once every year.
G. This Subaward is not a “fixed amount award” as such term is defined in 2 CFR §200.45. Subrecipient agrees that disbursement of this Subaward to Subrecipient shall be made on a reimbursement method. If Subrecipient requests advance payment of Subaward funds, Subrecipient shall comply with, and provide evidence to the City of compliance with, the criteria and obligations related to the use of advance payments as set forth in 2 CFR §200.305 as well as satisfying any other City and CalOES requirements for advance payments.
In requesting reimbursement from Subaward funds, Subrecipient shall provide to the City a completed Reimbursement Request Form (attached hereto as Exhibit D) along with invoices, purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and any other supporting documentation necessary to fully and accurately describe the expenditure of funds for which reimbursement from the Subaward is requested (collectively, the “Reimbursement Request”). All such supporting documentation for the Reimbursement Request shall satisfy applicable Federal, State and City audit and review standards and requirements. Such documentation shall be prepared at the sole expense and responsibility of Subrecipient, and the City and the Subaward will not reimburse the Subrecipient for any costs incurred for such preparation.
The City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. Inaccurate and/or incomplete Reimbursement Requests shall be returned to Subrecipient for revision.
The City shall forward Reimbursement Requests to CalOES for payment within thirty (30) days of receipt, provided such request is deemed accurate and complete. The City shall reimburse Subrecipient within thirty (30) days of its receipt of funds from 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 funds may be re-directed.
H. Subrecipient acknowledges that the City makes no commitment to disburse Subaward funds beyond the terms set forth herein and that funding for all periods during the Subaward Term is subject to the continuing availability to the City of federal funds for this Subaward from CalOES and the Federal awarding agency. This Agreement may be terminated immediately upon written notice to Subrecipient of any loss or reduction of Subaward funds.
I. Subrecipient shall comply with all federal, state, and local laws and regulations for vaccine requirements. Each Subrecipient shall comply with their own policies and mandates for Covid-19 vaccine requirements.
§2.3 DHS and CalOES Requirements
Subrecipient 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 that have been budgeted for the same purpose through non-federal sources.
Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of
UASI 24 Subaward Agreement 8
federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form- LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
3. Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending
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those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.b. above; and
4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statutes and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances.
Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, 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
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accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability.
Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the Environmental Standards section of the CalOES Assurances.
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos.
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P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances.
Q. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.
R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain.
Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
U. Subrecipient must ensure that any project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the 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 24 Subaward:
1. Subaward funding is subject to restricted drawdown for the duration of the Term;
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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, canceled 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. The professional services agreement between Motorola and LA-RICS for the LMR System may not be used to purchase subscriber equipment unless meeting one of four federal exceptions to necessitate noncompetitive procurement;
4. Failure to comply with these conditions may result in disallowed costs or additional restrictions on current and future subaward funding, pursuant to 2 CFR §200.205 and §200.338.
§2.4 Uniform Requirements for Federal Awards
Subrecipient acknowledges that this Subaward is a “Federal award” as such term is defined in 2 CFR §200.38 and that Subrecipient’s use of this Subaward is subject to the uniform administrative requirements, cost principles, and audit requirements for Federal awards which are codified in 2 CFR Part 200 (the “Uniform Requirements”). Subrecipient agrees that it is considered a “non- Federal entity” and a “subrecipient” as such terms are defined in 2 CFR §§200.69 and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and be subject to, all provisions, regulations and requirements applicable to a “subrecipient” and a “non-Federal entity” as set forth in the Uniform Requirements. Further, Subrecipient agrees that the City and CalOES are each a “pass-through entity” as such term is defined in 2 CFR §200.74 and that each of them shall have the rights and remedies of a “pass-through entity” in relation to this Subaward and Subrecipient as set forth in the Uniform Requirements.
Without limitation, some of these Uniform Requirements are set forth below in this Section 2.4.
A. Subrecipient shall disclose to the City any potential conflict of interest in connection to this Subaward and its use in accordance with 2 CFR §200.112.
B. Subrecipient shall comply with the mandatory disclosure requirements for violations of Federal criminal law involving fraud, bribery, or gratuity as set forth in 2 CFR §200.113.
C. Subrecipient acknowledges that the City may impose additional specific conditions to this Subaward in accordance with 2 CFR §200.207, and Subrecipient shall comply with such conditions, including, but not limited to, the sampling of procurements and equipment to ensure grant compliance during the City’s bi-annual monitoring. Subrecipient shall also
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submit any annual certifications and representations deemed required by the City in accordance with 2 CFR §200.208.
D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non-Federal entity regarding financial management and the establishment of a financial management system, all as more fully set forth in 2 CFR §200.302.
Further, Subrecipient shall comply with the requirements set forth in 2 CFR §200.303, which relate to certain obligations required of Subrecipient to maintain internal controls over the use of this Subaward.
Subrecipient shall complete and submit an annual Grants Management Assessment Form to the City (Exhibit G) to evaluate risk and determine grant funding eligibility.
E. In the event this Subaward requires cost sharing or matching of funds from Subrecipient, Subrecipient shall comply with the cost sharing and matching requirements set forth in 2 CFR §200.306.
F. Subrecipient shall comply with the requirements relating to program income as more fully set forth in 2 CFR §200.307.
G. Property Standards
When property (real, tangible or intangible) is, in whole or in part, improved, developed, purchased or otherwise acquired with Subaward funds, Subrecipient shall comply with the regulations set forth in 2 CFR §§200.310 through 200.316 (“Property Regulations”). These Property Regulations include, without limitation, provisions related to the following:
1. Requirements for insurance coverage for real property and equipment.
2. Requirements for title, use, disposition and transfer of title of “real property” (as defined in 2 CFR §200.85).
3. Regulations involving Federally-owned and exempt property.
4. Requirements for title, use, management (including recordkeeping, inventory, control systems and maintenance procedures), and disposition of “equipment” (as defined in 2 CFR §200.33).
5. Requirements for title, use and disposition of “supplies” (as defined in 2 CFR §200.94).
6. Requirements for title, rights, use and disposition of “intangible property” (as defined in 2 CFR §200.59). Such requirements include, without limitation, (a) a reservation of rights by the Federal awarding agency to a royalty-free, non-exclusive and irrevocable right to use certain copyrighted work or work subject to copyright, (b) the rights of the Federal government to data produced under the Subaward, (c) the applicability of the Freedom of Information Act to
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certain research data produced or acquired under the Subaward, and (d) Subrecipient’s compliance with applicable regulations governing patents and inventions, including government wide regulations codified at 37 CFR Part 401.
Subrecipient agrees that it shall hold in trust all real property, equipment and intangible property acquired, developed or improved with Subaward funds in accordance with the provisions set forth in 2 CFR §200.316.
H. Procurement and Contracting Regulations
When procuring and/or contracting for property and/or services that are to be paid or reimbursed by any amount of Subaward funds, Subrecipient shall comply with all regulations applying to “non-Federal entities” as set forth in 2 CFR §§200.318 through 200.326 (the “Procurement Regulations”). These Procurement Regulations include, without limitation, provisions requiring the following:
1. Documentation and use of procurement procedures in compliance with Procurement Regulations.
2. Contracting oversight and maintenance of written standards of conduct covering conflicts of interest.
3. Compliance with federal standards regarding procurement and award of contracts, competition, and procurement methods.
4. Affirmative steps required to encourage contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.
5. Compliance with Section 6002 of the Solid Waste Disposal Act in the procurement of recovered materials.
6. Requirement to perform a cost or price analysis in connection with procurements.
7. Bonding requirements.
8. Requirement to make procurement documentation available for review by the City, 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 §200.326.
I. Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a non-Federal entity as set forth in 2 CFR §200.328, which requires the Subrecipient to oversee and monitor activities supported by the Grant to assure
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compliance with applicable Federal requirements and performance expectations. Further, Subrecipient shall comply with the financial and performance reporting requirements for a non-Federal entity as set forth in 2 CFR §§200.327 to 200.329 and any other reporting requirements that may be promulgated by the Federal awarding agency, 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 §§200.330 to 200.332. In accordance with such regulations, Subrecipient shall comply with, and timely grant to the City and its auditors, any monitoring requests, requests for on-site access to facilities, equipment and personnel, and requests for any other information as may be authorized under such regulations. Subrecipient shall also timely grant to the City and its auditors access to Subrecipient’s records and financial statements as required under 2 CFR §200.331(a)(5). In addition, Subrecipient shall comply with any conditions that may be placed upon Subrecipient as part of the City’s risk evaluation of Subrecipient under 2 CFR §200.331(b).
J. Record Retention and Access
Subrecipient shall comply with all records retention, maintenance, storage, transmission, and collection requirements applicable to a non-Federal entity as set forth in 2 CFR §§200.333 to 200.335.
In accordance with the provisions set forth in 2 CFR §200.336, Subrecipient hereby grants the Federal awarding agency, the Inspectors General, the Comptroller General of the United States, CalOES, and the City, or any of their authorized representatives, the right of access to any documents, papers, or other records of Subrecipient which are pertinent to the Subaward, in order to make audits, examinations, excerpts, and transcripts. This right also includes timely and reasonable access to Subrecipient’s personnel for the purpose of interview and discussion related to such documents. These access rights shall not be limited to any required record retention period but last as long as the records are retained, and access shall not otherwise be limited unless as specifically permitted under 2 CFR §§200.336 to 200.337.
Subrecipient shall require any of its subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with the provisions of this Section.
UASI 24 Subaward Agreement 16
K. Cost Principles
Subrecipient shall comply with the cost principles for federal awards as set forth in 2 CFR Part 200 Subpart E (“Cost Principles”). Subrecipient acknowledges and agrees that any costs incurred by Subrecipient may only be charged to or reimbursed by Subaward funds if it is incurred in compliance with all Requirements for the Subaward and is also deemed allowable and allocable under the Subaward in accordance with the provisions set forth in the Cost Principles.
L. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and agrees that it is subject to the provisions set forth in 2 CFR Part 200 Subpart F (“Audit Requirements”). Subrecipient shall comply with all provisions applicable to a non-Federal entity and an “auditee” (as defined in 2 CFR §200.6) as set forth in such Audit Requirements, including the requirement to conduct a single audit if applicable.
M. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non-Federal entity as it pertains to the closeout of this Subaward as set forth in 2 CFR §200.343. Subrecipient acknowledges and agrees that it shall continue to comply with the post closeout obligations set forth in 2 CFR §200.344 after closeout of the Subaward and expiration of the Term of this Agreement.
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III. STANDARD PROVISIONS
§3.1 Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City by virtue of this Agreement.
§3.2 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party.
The word "Subrecipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several.
Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
§3.3 Applicable Law, Interpretation and Enforcement
1. Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, the County and City of Los Angeles, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
2 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. 3 If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby. §3.4 Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
UASI 24 Subaward Agreement 18
§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §3.6 Breach
Except for excusable delays as described in §3.5 herein, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law.
Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§3.7 Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §3.8 Indemnification
A. Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
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B. Pursuant to Government Code Sections 895.4 and 895.6, the parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement.
C. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section 895.
D. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated. §3.9 Subcontractor Assurances
Subrecipient shall contractually obligate all of its contractors, subcontractors and vendors funded by Subaward funds as may be required to ensure that Subrecipient can comply with all of the Requirements and other provisions of this Agreement.
§3.10 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to comply with the terms and conditions of this Agreement or with any Requirements referenced in Section 2.1 above, the Federal awarding agency, CalOES or the City shall have the right to take one or more of the actions set forth in 2 CFR §200.338. Such actions may include, without limitation, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward. Any costs incurred by Subrecipient during a suspension or after termination of the Subaward shall not be considered allowable under the Subaward unless allowed under 2 CFR §200.342. Subrecipient shall be liable to the Federal awarding agency, 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 §200.341. §3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to disburse to or reimburse Subrecipient in connection thereto, may be terminated in whole or in part by the Federal awarding agency, CalOES or the City as set forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the
UASI 24 Subaward Agreement 20
Subaward only as set forth in 2 CFR §200.339. In the event the Subaward is terminated, all obligations and requirements of this Agreement and the Grant shall survive and continue in full force and effect in connection with any portion of the Subaward remaining prior to such termination, including, without limitation, the closeout and post closeout requirements set forth in this Agreement. §3.12 Amendments
Any change in the terms of this Agreement, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto.
§3.13 Complete Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
This Agreement may be executed in one or more counterparts, and by the parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The parties further agree that facsimile signatures or signatures scanned into .pdf (or signatures in another electronic format designated by City) and sent by e-mail shall be deemed original signatures.
This Agreement includes twenty-one (21) pages and six Exhibits which constitute the entire understanding and agreement of the parties.
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IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM:
HYDEE FELDSTEIN SOTO,
City Attorney
By:_____________________________
Barak Vaughn, Deputy City Attorney
Date:__________________
For: THE CITY OF LOS ANGELES
KAREN BASS, Mayor
By signing below, the signatory attests that
they have no personal, financial, beneficial, or
familial interest in this contract.
By:
Karen Bass, Mayor
Date
ATTEST:
PETTY F. SANTOS, Interim City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
By:
Date:
For: CITY OF BURBANK
By:
Date:
[SEAL]
ATTEST:
By:
Date:
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: C.F. #_24-0975_______; Date of Approval: 3/5/25 City Contract Number: _
EXHIBIT A
FY 2024 DHS STANDARD TERMS AND CONDITIONS
The Fiscal Year (FY) 2024 Department of Homeland Security (DHS) Standard Terms and Conditions apply to all new federal awards of federal financial assistance (federal awards) for which the federal award date occurs in FY 2024 and flow down to subrecipients unless a term or condition specifically indicates otherwise. For federal awards that may involve continuation awards made in subsequent FYs, these FY 2024 DHS Standard Terms and Conditions will apply to the continuation award unless otherwise specified in the terms and conditions of the continuation award. The United States has the right to seek judicial enforcement of these terms and conditions.
All legislation and digital resources are referenced with no digital links. These FY 2024 DHS Standard Terms and Conditions are maintained on the DHS website at w
ww.dhs.gov/publication/fy15-dhs- s
tandard-terms-and-conditions.
A. Assu
rances, Administrative Requirements, Cost Principles, Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable.
Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the federal awarding agency.
B. Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. General Acknowledgements and Assurances
All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or federal awarding agency program guidance.
V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made.
Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and DHS Standard Terms & Conditions: FY 2024 Version 2 November 29, 2023
FY 2024 DHS STANDARD TERMS AND CONDITIONS
Conditions. Subrecipients are not required to complete and submit this tool to DHS. T
he evaluation tool can be found at https://www.dhs.gov/publication/dhs- ci
vil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must 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 award 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 award funds.
II. Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.
III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 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. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award 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, Pub. L. No. 88-352 ( codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.
DHS Standard Terms & Conditions: FY 2024 Version 2 November 29, 2023
FY 2024 DHS STANDARD TERMS AND CONDITIONS
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) 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, 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 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the f ederal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.
IX. Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R.
Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as 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 the D rug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
XI. Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.
XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the E ducation Amendments of 1972, Pub. L. No. 92-318 (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. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 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, DHS Standard Terms & Conditions: FY 2024 Version 2 November 29, 2023
FY 2024 DHS STANDARD TERMS AND CONDITIONS
Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are d efined in the state energy conservation plan issued in compliance with this Act.
XIV. False Claims Act and P rogram Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3 729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
XV. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
XVI. Federal Leadership on Reducing Text Mes saging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on of ficial government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.
XVII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list)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.
XVIII. Hotel and Mot el Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.
XIX. John S. McCain National Defense A uthorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. 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 certain entities for national security reasons.
XX. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of t he 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.
DHS Standard Terms & Conditions: FY 2024 Version 2 November 29, 2023
FY 2024 DHS STANDARD TERMS AND CONDITIONS
XXI. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal 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 C ongress, 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. Per 6 C.F.R.
Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
XXII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) 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.
XXIII. 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.
XXIV. Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.
XXV. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are i ncorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.
XXVI. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
XXVII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section DHS Standard Terms & Conditions: FY 2024 Version 2 November 29, 2023
FY 2024 DHS STANDARD TERMS AND CONDITIONS
6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. 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.
XXVIII. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (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.
XXIX. Reporting of Matters Related to Recipient Integrity and P erformance If the total value of any currently active grants, cooperative agr eements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient 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 by reference.
XXX. Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.
XXXI. Required Use of A merican Iron, Steel, Manufactured Products, and C onstruction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
(1) 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;
(2) 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 under applicable law or regulation; and
(3) 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, i ncorporated i nto, or affixed to an infrastructure project. As such, 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.
DHS Standard Terms & Conditions: FY 2024 Version 2 November 29, 2023
FY 2024 DHS STANDARD TERMS AND CONDITIONS
Waivers
When necessary, recipients may apply for, and t he age ncy may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements.
(a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov.
Definitions
The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.
XXXII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emer gency communication equ ipment 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. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.
XXXIII. Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.
XXXIV. Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106 - 386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the f ull text of which is incorporated by reference.
DHS Standard Terms & Conditions: FY 2024 Version 2 November 29, 2023
FY 2024 DHS STANDARD TERMS AND CONDITIONS
XXXV. Universal Identifier and System of Award Management 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 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 O bstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
XXXVII. Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.
XXXVIII. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.
DHS Standard Terms & Conditions: FY 2024 Version 2 November 29, 2023
EXHIBIT B
1/15/2025
EXHIBIT C
National
Priority
Project
Letter
Master
Item #
Sub-
Line #
Mayor's
Office ID #IJ Jurisdiction Deptarment Project Title Funding Source Disc Solution Sub-Solution Expenditure Category Sub-Line #'s Total Allocated
Mater Item #'s Total
Allocated
D 10 36 14 IJ-2 Burbank Police Regional Automated License Plate Reader (ALPR) HSGP- UASI LE Equipment Detection N/A $ 119,100.00 F 18 62 25 IJ-3 Burbank Fire CBRNE Equipment HSGP-
UASI FS Equipment Information Technology N/A $ 49,140.00 F 18 68 26 IJ-3 Burbank Fire Hazardous Materials Training HSGP- UASI FS Training Staff Expenses OT/Backfill $ 58,801.00 F 19 75 28 IJ-4 Burbank Police FORCE PROTECTION TRAINING AND BACKFILL HSGP- UASI LE Training Staff Expenses Travel $ 6,800.00 F 19 76 28 IJ-4 Burbank Police FORCE PROTECTION TRAINING AND BACKFILL HSGP- UASI LE Training Staff Expenses Travel $ 3,900.00 F 19 77 28 IJ-4 Burbank Police FORCE PROTECTION TRAINING AND BACKFILL HSGP- UASI LE Training Staff Expenses OT/Backfill $ 2,700.00 F 19 78 28 IJ-4 Burbank Police FORCE PROTECTION TRAINING AND BACKFILL HSGP- UASI LE Training Staff Expenses OT/Backfill $ 2,000.00 F 19 79 28 IJ-4 Burbank Police FORCE PROTECTION TRAINING AND BACKFILL HSGP- UASI LE Training Staff Expenses Travel $ 4,600.00 Line # Project Information
EXHIBIT D
Department Phone Number Today's Date Grant Year
Summary and reason for modification request: Are the modified ledgers attached electronically? Will the project require approvals? EHP
Sole Source
EOC
Watercraft
Aircraft
Modified From:
FMU
ONLY
Project
Letter
Item
#
Sub
Line # Project Name Investment Justification (IJ) Disc Solution Sub-Solution $ Before $ After $ Change Action APPR # From Train $ -
From $ -
From $ -
From $ -
From $ -
Total: -$
Modified To:
FMU
ONLY
Project
Letter
Item
#
Sub
Line # Project Name Investment Justification (IJ) Disc Solution Sub-Solution $ Before $ After $ Change Action APPR # To $ - $ - $ - To $ - $ - $ - To $ - $ - $ - To $ - $ - $ - To $ - $ - $ - Total: -$
Date Received Date Approved by MOPS
Date Reviewed
Amendment Y/N?
Council/14.8 Y/N?
FMU Verification-- Name Modification #
Modification # Notes
Notes
LA/LB UASI Modification Request Form
Jurisdiction
REQUIREMENTS FOR SUBMISSION:
Name of Representative
Grant Specialist to complete
Email Address
Equipment Ledger
Training Ledger
Please fill out the Modification Request Form, and associated Project Timeline, and submit it to your Grant Specialist. Include the project details for each line # affected by the modification request. For new line #'s being created, leave the Project Letter, Item #, and Sub-Line # columns in the 'Modified To' section blank- your Grant Specialist will assign them. You MUST include the reason for the modification request. Your Grant Specialist will advise if your modification request requires additional information. Additionally, you MUST attach a completed ledger(s) with the proposed changes. Formulas are embedded in the Form to automatically calculate the $ Change, and the Form is balanced when the Totals (highlighted yellow) in the 'Modified From' and the 'Modified To' sections are equal. Modification requests are submitted to CalOES on a monthly basis. To be considered for that month's modification request, please submit by the 15th of each month.
Contract Amount $ -
$ -
Grant Specialist
MOPS Use Only :
Exercise Ledger
$ -
Organization Ledger
Planning Ledger
Revised Amount
25% Increase
UASI 24 Exhibit D 1 of 1
EXHIBIT E
REQUEST FOR NONCOMPETITIVE PROCUREMENT AUTHORIZATION
Grant Program: List the grant the procurement being charged to.
Grant Award No.(s):
List the grant award
number(s) – if multiple
awards, list each award
number separately, and
number. Continue using
these numbers to link
remaining information in
this section to applicable
grant award.
FIPS #: Cal OES assigned FIPS # of the
direct subrecipient.
Subrecipient Name: List the name of the Cal OES direct subrecipient.
If Subaward, list second-tier Subrecipient: If applicable, list the name of the second-tier Subrecipient (entity initiating the procurement).
Project No.(s): List the project number(s)
for this procurement.
Feedback # (if applicable): If applicable, list
the CSTI assigned feedback number(s) for
the HSGP related training(s).
Project Title(s): List the project title(s).
Requested Amount:
Enter the requested
amount(s) under the
Grant award(s).
Contract Total: Enter the contract total.
Vendor: List the name of the vendor that is providing item(s)/service(s) for this procurement.
Please complete the following questions based on the entity making the purchase.
1. Describe what the proposed vendor/contractor will provide:
Provide a short synopsis about what you are attempting to purchase.
2. Has Cal OES approved a noncompetitive procurement for this item(s)/service(s) in the past?
Yes No
If Yes, attach the most recent Cal OES approval letter and Noncompetitive Procurement Authorization form.
No further supporting documentation needed, at this time.
3. Is this noncompetitive procurement being made under a multi-year contract? Is the term of the contract longer than one year?
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? Have there been any amendments to the contract such as an extension or increase in the contract amount since the last 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.
Choose one of the following and insert the details of those circumstances on the form.
• 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.).
Insert here the description of your organization’s procurement procedures, including approval thresholds, and noncompetitive procurement approval procedures.
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? Documentation to be retained in subrecipient procurement file.
Yes No
Note: 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:
Purchasing Agent of entity
conducting procurement.
Signature: Date:
Primary
Subrecipient:
Name:
This should be Cal OES’ direct
Subrecipient.
Signature: Date:
Cal OES Internal Use Only
Date Submitted:
Procurement Type: Single Source Public Emergency Inadequate Competition Attachments enclosed:
Previous Approval Letter
Previous Noncompetitive Procurement Authorization Request form for this item(s)/service(s) Cost/Price Analysis
Other Supporting Documents: ______________________________________________ Program Representative Review - Comments:
Unit Chief Review - Comments:
Approved Denied
Grants Procurement Compliance Manager – Comments:
Grants Procurement Compliance Manager:
Date:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
(06/21)
OMB Control Number: 1660-0115
Expiration: 3/31/2026
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
ENVIRONMENTAL AND HISTORIC PRESERVATION SCREENING FORM
Paperwork Burden Disclosure Notice
Public reporting burden for this data collection is estimated to average 7.2833 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 the 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)
(06/21)
SECTION A. PROJECT INFORMATION
DHS Grant Award Number:
Grant Program:
Recipient:
Recipient POC:
Mailing Address:
E-Mail:
Sub-recipient:
Sub-recipient 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, and 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)
(06/21)
SECTION B. PROJECT TYPE
Based on the proposed project activities, determine which project type applies below and complete the corresponding sections that follow.
For multi-component projects or those that may fit into multiple project types, complete the sections that best apply and fully describe all major components in the project description. If the project involves multiple sites, information for each site (such as age of structure, location, ground disturbance, etc.) must be provided. Attach additional pages to this submission, if needed.
1. Purchase of equipment. Projects in this category involve the purchase of equipment that will require installation on or in a building or structure. Complete other portions of Section B as needed. Complete Section 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)
(06/21)
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. 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 activities required):
b. Provide the location of the training or exercise (physical address or latitude-longitude):
c. Would the training or exercise take place at an existing facility which has established procedures for that particular proposed training or exercise, and that conforms with existing land use designations?
Yes No
• If yes, provide the name of the facility and the facility point of contact (name, telephone number, and e-mail address):
• If no, provide a narrative description of the area where the training or exercise would occur (e.g., exercise area within four 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 D.
3. 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)
(06/21)
4. Generator installation.
a. Provide capacity of the generator (kW):
b. Identify the fuel to be used for the generator (diesel/propane/natural gas):
c. Identify where the fuel for the generator would be stored (e.g. stand-alone tank, above or below ground, or incorporated in generator):
d. Complete Section D.
5. 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: Attached c. 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 standing Guy wires • If guy wires are required, state the 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)
(06/21)
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? Yes No
• Describe how presence/absence of bird roosts or rookeries was determined:
k. Identify the distance to the 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? Yes No • If yes, describe:
n. Has a Federal Communications Commission (FCC) registration been obtained for this tower? Yes No • If yes, provide Registration #:
• If no, why?
o. Has the FCCE106 process been completed? Yes No
p. Has the FCC Tower Construction Notification System (TCNS) process been completed? Yes No • If yes, describe:
q. Would any related equipment or structures need to be installed (e.g., backup generator and fuel source, communications shelter, fencing, or security measures)? Yes No
• 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)
(06/21)
SECTION D. PROJECT DETAILS
Complete all of the information requested below.
1. Project Installation
a. Explain how and where renovations/upgrades/modifications would take place, or where equipment/systems will be installed:
b. Would ground disturbance be required to complete the project or training? Yes No • If yes, provide total extent (depth, length, and width) of each ground-disturbing activity. Include both digging and trenching.
For example, light poles and fencing have unique ground-disturbing activities (e.g., six light poles, 24" diameter 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? Yes No • If no, describe power source and detail its installation at the site:
2. Age of structure/building at project site
a. Provide the year the 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?
Yes No
• If yes, provide the location of the structure(s), ground-level color photographs of the structure(s), and identify their location(s) on an aerial map:
c. Is the project site listed in the National Register of Historic Places (National Register), or in/near a designated local or National Register Historic District? The internet address for the National Register is:
http://nrhp.focus.nps.gov/. Yes No
• 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)
(06/21)
3. Site photographs, maps and drawings
a. Attach site photographs. Site photographs are required for all projects.
Use the following as a checklist for photographs of your project. Attach photographs to this document or as accompanying documents in your submission.
• Labeled, color ground-level photographs of the project site: Required • Labeled, color photograph of each location where equipment would be attached to a building or structure: Required
• Labeled, color aerial photographs of the project site: Required • Labeled, color aerial photographs that show the extent of ground disturbance (if applicable): Attached
• Labeled, color ground-level color photographs of the structure from each exterior side of the building/structure (applicable only if building/ structure is more than 45 years old):
Attached
b. Are there technical drawings or site plans available? Yes No • If yes, attach: Attached
Appendix A has guidance on preparing photographs for EHP review
4. Environmental documentation
a. 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)? Yes No
• If yes, attach documentation with this form: Attached b. 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)? Yes No
• If yes, attach documentation with this form: Attached c. Was a NEPA document prepared for this project? Yes No • If 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)
(06/21)
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 photograph. There are multiple online sources for aerial photographs.
2. For the aerial photograph, use the screen capture feature (Ctrl + Print Screen keys) and copy the image to photograph editing software, such as Paint, or PhotoShop1. 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)
(06/21)
Appendix A. Supporting Photographs for EHP Grant Submissions Example Photographs
Aerial Photographs. The example in Figure
1 provides the name of the site, physical
address and proposed location for installing
new equipment. This example of a 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)
(06/21)
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 PowerPoint1, 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)
(06/21)
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.
California Governor’s Office of Emergency Services
WATERCRAFT 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).
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.
Watercraft _____ Watercraft- Related Equipment _____ California Governor’s Office of Emergency Services
WATERCRAFT 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)
Cal OES ARF Revised July 2024
REQUEST FOR AVIATION OR AVIATION-RELATED EQUIPMENT
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. I
ndicate the type of aircraft/aviation equipment for this request (choose only one of the following).
2. P
lease provide a description of the area that will be served by the requested equipment.
Equipment & Description Cost AEL#
3. Plea
se 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.
Cal OES ARF Revised July 2024
REQUEST FOR UAS OR DRONE EQUIPMENT
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.
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.
Cal OES ARF Revised July 2024
REQUEST FOR AVIATION OR AVIATION-RELATED EQUIPMENT
9. Please certify on signed letterhead that an existing aviation unit is operating and will continue to 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)
EXHIBIT F
Mayor's Office of Public Safety
City of Los Angeles
Subrecipient Grants Management Assessment
1 Very Low
2 Low
3 Medium
4 High
5 Very High
Information
Date of Risk Assessment
Grant Name and Grant Year
Subrecipient Name
Type of Non-Federal Entity (Local,JPA,Non-Profit)
Grant Administration Yes In Progress No N/A Comments Scoring
1. Prior to receiving a subaward from the City of Los
Angeles, did the organization receive a Federal grant (direct or indirectly) 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
procedures in place in accordance with 2 CFR Part 200, that include procedures for procurement, travel, and 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 from other sources of revenues and expenditures?
5. Does the organization have a method in place to track costs incurred against the approved grant budget?
Personnel Yes In Progress No N/A Comments Scoring
6. Are the individuals with primary responsibility for fiscal and 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 for Federal Awards (2 CFR Part 200)?
7. Does the organization have a structure in place whereby the preparer of documents is diffferent than the approver?
8. Are timesheets used to track the time staff spend on specific grants?
Audits Yes In Progress No N/A Comments Scoring
9. Did the organization receive more than $750,000 in
Federal awards in the past fiscal year? If No, skip to
Question 13.
10. Was a single audit completed per OMB Ciruclar A-133? If No, skip to Question 13.
11. Did the single audit result in 'No Findings?' if Yes, skip to Question 13.
12. If findings were identified, have the findings been resolved?
Monitoring Yes In Progress No N/A Comments Scoring
13. Does the organization have documented policies and
procedures in place related to fraud investiagations 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
equipment at least every two years?
Final Score
Name/Title of Preparer Signature Date
Name/Title of Mayor's Office Reviewer #1 Signature Date Name/Title of Mayor's Office Reviewer #2 Signature Date Mayor's
Office Use
Only
Risk Scoring