2 FY 2023 EOCGP NOFO
2. Applicant Eligibility Criteria ........................................................................................... 7
3. Other Eligibility Criteria/Restrictions .............................................................................. 7 a. National Incident Management System (NIMS) Implementation .............................. 7
4. Cost Share or Match......................................................................................................... 8 D. Application and Submission Information ................................................................................ 8
1. Key Dates and Times ....................................................................................................... 8 a. Application Start Date: 03/01/2023 ......................................................................... 8 b. Application Submission Deadline: 04/14/2023 at 5:00 PM ET ................................ 8 c. Anticipated Award Date: 06/30/2023 ........................................................................ 9 d. Other Key Dates .......................................................................................................... 9
2. Agreeing to Terms and Conditions of the Award .......................................................... 10
3. Address to Request Application Package ...................................................................... 10
4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM) .......................................................................................... 10
5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application ......................................................... 10
6. Electronic Delivery ........................................................................................................ 11
7. How to Register to Apply through Grants.gov .............................................................. 12 a. General Instructions: ................................................................................................. 12 b. Obtain an UEI Number: ............................................................................................ 12 c. Obtain Employer Identification Number ................................................................... 12 d. Create a login.gov account: ....................................................................................... 12 e. Register with SAM: ................................................................................................... 13 f. Create a Grants.gov Account: ................................................................................... 14 g. Add a Profile to a Grants.gov Account: .................................................................... 14 h. EBiz POC Authorized Profile Roles: ........................................................................ 14 i. Track Role Status: ..................................................................................................... 14 j. Electronic Signature: ................................................................................................. 14
8. How to Submit an Initial Application to FEMA via Grants.gov ................................... 14 a. Create a Workspace: .................................................................................................. 15 b. Complete a Workspace: ............................................................................................. 15 c. Adobe Reader: ........................................................................................................... 15 d. Mandatory Fields in Forms: ...................................................................................... 15 e. Complete SF-424 Fields First: .................................................................................. 15 f. Submit a Workspace: ................................................................................................. 15 g. Track a Workspace: ................................................................................................... 16 h. Additional Training and Applicant Support: ............................................................. 16
9. Submitting the Final Application in ND Grants ............................................................ 16
10. Timely Receipt Requirements and Proof of Timely Submission .................................. 16
11. Content and Form of Application Submission............................................................... 17 a. Standard Required Application Forms and Information ........................................... 17 b. Program-Specific Required Forms and Information ................................................. 18
12. Intergovernmental Review ............................................................................................. 18
13. Funding Restrictions and Allowable Costs .................................................................... 18 a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services ................................................................................................... 19
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b. Pre-award Costs ......................................................................................................... 20 c. Management and Administration (M&A) Costs ....................................................... 21 d. Indirect Facilities & Administrative (F&A) Costs .................................................... 21 f. Other Direct Costs ..................................................................................................... 22 E. Application Review Information ........................................................................................... 24
1. Application Evaluation Criteria ..................................................................................... 24 a. Programmatic Criteria ............................................................................................... 24 b. Financial Integrity Criteria ........................................................................................ 24 c. Supplemental Financial Integrity Criteria and Review ............................................. 24
2. Review and Selection Process ....................................................................................... 24 F. Federal Award Administration Information .......................................................................... 25
1. Notice of Award ............................................................................................................. 25
2. Pass-Through Requirements .......................................................................................... 25
3. Administrative and National Policy Requirements........................................................ 25 a. DHS Standard Terms and Conditions ....................................................................... 25 b. Ensuring the Protection of Civil Rights .................................................................... 26 c. Environmental Planning and Historic Preservation (EHP) Compliance ................... 26 d. National Incident Management System (NIMS) Implementation ............................ 27
4. Reporting........................................................................................................................ 28 a. Financial Reporting Requirements ............................................................................ 28 b. Programmatic Performance Reporting Requirements ............................................... 29 c. Program Performance Reporting Periods and Due Dates ........................................ 29 d. Closeout Reporting Requirements ............................................................................. 29 e. Additional Reporting Requirements .......................................................................... 31
5. Monitoring and Oversight .............................................................................................. 31 G. DHS Awarding Agency Contact Information ....................................................................... 33
1. Contact and Resource Information ................................................................................ 33 a. Program Office Contact ............................................................................................. 33 b. Centralized Scheduling and Information Desk (CSID) ............................................. 33 c. Grant Programs Directorate (GPD) Award Administration Division ....................... 33 d. FEMA Regional Offices ............................................................................................ 33 e. Equal Rights .............................................................................................................. 33 f. Environmental Planning and Historic Preservation .................................................. 33
2. Systems Information ...................................................................................................... 34 a. Grants.gov ................................................................................................................. 34 b. Non-Disaster (ND) Grants ......................................................................................... 34 c. Payment and Reporting System (PARS) ................................................................... 34 H. Additional Information .......................................................................................................... 34
1. Termination Provisions .................................................................................................. 34 a. Noncompliance .......................................................................................................... 34 b. With the Consent of the Recipient ............................................................................ 34 c. Notification by the Recipient .................................................................................... 35
2. Program Evaluation ....................................................................................................... 35
3. Period of Performance Extensions ................................................................................. 35
4. Disability Integration ..................................................................................................... 36
5. Conflicts of Interest in the Administration of Federal Awards or Subawards ............... 37
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6. Procurement Integrity .................................................................................................... 38 a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 ......................... 38 b. Competition and Conflicts of Interest ....................................................................... 39 c. Supply Schedules and Purchasing Programs ............................................................. 40 d. Procurement Documentation ..................................................................................... 42
7. Financial Assistance Programs for Infrastructure .......................................................... 42 a. Build America, Buy America Act ............................................................................. 42 b. Waivers ...................................................................................................................... 43 c. Definitions ................................................................................................................. 43
8. Record Retention ........................................................................................................... 44 a. Record Retention Period ........................................................................................... 44 b. Types of Records to Retain ....................................................................................... 45
9. Actions to Address Noncompliance............................................................................... 45
10. Audits ............................................................................................................................. 46
11. Payment Information ..................................................................................................... 48
12. Procedures for Establishing Indirect Cost Rates ............................................................ 48
13. Whole Community Preparedness ................................................................................... 48
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A. Program Description
1. Issued By
U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate
2. Assistance Listings Number
97.052
3. Assistance Listings Title
Emergency Operations Center (EOC) Grant Program
4. Funding Opportunity Title
Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program
5. Funding Opportunity Number
FY 2023 EOC Grant Program NOFO Number
Region 1 DHS-23-GPD-052-001-01
Region 2 DHS-23-GPD-052-002-01
Region 3 DHS-23-GPD-052-003-01
Region 4 DHS-23-GPD-052-004-01
Region 5 DHS-23-GPD-052-005-01
Region 6 DHS-23-GPD-052-006-01
Region 7 DHS-23-GPD-052-007-01
Region 8 DHS-23-GPD-052-008-01
Region 9 DHS-23-GPD-052-009-01
Region 10 DHS-23-GPD-052-010-01
6. Authorizing Authority for Program
Section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) as amended by section 202 of the Implementing Recommendations of the 9/11 Commission Act of 2007
7. Appropriation Authority for Program
Consolidated Appropriations Act, 2023 (Pub. L. No. 117-328)
8. Announcement Type
Initial
9. Program Category
Preparedness: Community Security
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10. Program Overview, Objectives, and Priorities
a. Overview
The fiscal year (FY) 2023 Emergency Operations Center (EOC) Grant Program is intended to improve emergency management and preparedness capabilities by supporting flexible, sustainable, secure, strategically located, and fully interoperable EOCs with a focus on addressing identified deficiencies and needs. Fully capable emergency operations facilities at the state and local levels are an essential element of a comprehensive national emergency management system and are necessary to ensure coordination and unity of effort among multiple emergency management organizations and across multiple jurisdictions during major disasters or emergencies caused by any hazard. Among the five basic homeland security missions noted in the DHS Strategic Plan for Fiscal Years 2020-2024, the EOC Grant Program supports the goal to Strengthen National Preparedness and Resilience.
The 2022-2026 FEMA Strategic Plan outlines three bold, ambitious goals in order to position FEMA to address the increasing range and complexity of disasters, support the diversity of communities we serve, and complement the nation’s growing expectations of the emergency management community. The EOC Grant Program supports Goal 3: Promote and Sustain a Ready FEMA and a Prepared Nation.
The FY 2023 EOC Grant Program will provide $89,140,285 for equipping, upgrading, or constructing the EOC projects included in Appendix A of this NOFO. Per the National Fire Protection Association, an EOC is defined as a “facility or capability from which direction and control is exercised in an emergency. This type of center or capability is designated to ensure that the capacity exists for leadership to direct and control operations from a centralized facility or capability in the event of an emergency.” “Construction,” as defined in this program, refers to building a new facility or any changes to the footprint of an existing facility, while “upgrading” refers only to internal improvements to an existing facility. State Administrative Agencies (SAAs) are the only entities eligible to apply for FY 2023 EOC Grant Program funding. Such applications will be submitted on behalf of the state and local governments (subrecipients) identified to receive funding as outlined in Appendix A of this NOFO. See Section C of this notice for additional program eligibility information and Section D for detailed application instructions.
b. Objectives
The objective of the FY 2023 EOC Grant Program is to improve EOC operations through funding the EOC projects included in Appendix A of this NOFO. These projects fund equipping, upgrading, and/or construction of EOCs to provide fully capable facilities to support command, control, and coordination of multi-agency responses to major disasters or emergencies.
c. Priorities
The priorities of the FY 2023 EOC Grant Program are to fund equipping, upgrading, and/or construction of the emergency operations center projects identified in Appendix A of this NOFO.
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11. Performance Measures
Performance metrics for this program are as follows:
• Percentage of funded projects that result in fully operational emergency operations centers
• Percentage of funded projects that provide an enhanced level of EOC services and capabilities
FEMA will calculate and analyze the above metrics through a review of recipient Performance Progress Reports and award monitoring to ensure that the funds are expended for their intended purpose and achieve the stated outcomes in the grant application.
B. Federal Award Information
1. Available Funding for the NOFO: $89,140,285
2. Period of Performance: 36 Months
Extensions to the period of performance are allowed. Additional information on period of performance extensions, please refer to Section H of this NOFO.
FEMA awards under most programs, including this program, only include one budget period, so it will be same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.”
3. Projected Period of Performance Start Date(s): No later than 06/01/2023
4. Projected Period of Performance End Date(s): No later than 05/31/2026
5. Funding Instrument Type: Grant
C. Eligibility Information
1. Eligible Applicants
Only State Administrative Agencies (SAAs) (on behalf of state and local units of government) with identified projects in Appendix A of this NOFO are eligible to apply.
2. Applicant Eligibility Criteria
Eligible EOC projects were identified in the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2023. Those EOC projects are identified in Appendix A of this NOFO.
3. Other Eligibility Criteria/Restrictions
a. National Incident Management System (NIMS) Implementation Prior to allocation of any federal preparedness awards, recipients must ensure and maintain adoption and implementation of NIMS. The list of objectives used for progress and achievement reporting is on FEMA’s website at
NIMS Implementation and Training |
FEMA.gov.
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Emergency management and incident response activities require carefully managed resources (personnel, teams, facilities, equipment, and/or supplies) to meet incident needs. Utilization of the standardized resource management concepts such as typing, credentialing, and inventorying, promote a strong national mutual aid capability needed to support delivery of core capabilities. Additional information on resource management, NIMS resource typing definitions, job titles, and position qualifications is on FEMA’s website at NIMS Components - Guidance and Tools | FEMA.gov.
FEMA developed the
National Incident Management System Guideline for the National Qualification System to describe national credentialing standards and to provide written guidance regarding the use of those standards. This guideline describes credentialing and typing processes and identifies tools that Federal Emergency Response Officials and emergency managers at all levels of government may use both routinely and to facilitate multijurisdictional coordinated responses.
Although state (including territorial), local, tribal, and private sector partners (including nongovernmental organizations) are not required to credential their personnel in accordance with these guidelines, FEMA strongly encourages them to do so to leverage the federal investment in the Federal Information Processing Standards 201 infrastructure and to facilitate interoperability for personnel deployed outside their home jurisdiction.
Additional information about NIMS in general is available on FEMA’s website at National
Incident Management System | FEMA.gov.
4. Cost Share or Match
The FY 2023 EOC Grant Program has a cost share requirement. All award recipients must provide a non-federal entity contribution supporting 25% of the total project costs (federal amount plus cost share amount). The non-federal entity contribution can be cash (hard match) or third-party in-kind (soft match), with the exception of construction activities, which must be a cash (hard) match. In-kind contributions are defined as third-party contributions per 2 C.F.R. § 200.306. The required cost share amount, by project, is included in the project funding table in Appendix A.
All applicants are required to commit to the cost share requirement for each activity under each project at the time of application. The non-federal contribution should be specifically identified for each proposed activity. The non-federal contribution, whether cash or third- party in-kind match, must consist of eligible costs (i.e., same allowability as the federal share).
D. Application and Submission Information
1. Key Dates and Times
a. Application Start Date: 03/01/2023
b. Application Submission Deadline: 04/14/2023 at 5:00 PM ET
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All applications must be received by the established deadline. Prior to application submission, SAAs must coordinate with applicable subrecipients identified in Appendix A to collect the information required for completion of the State’s application and may impose separate deadlines to ensure timely application submission.
The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of their submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D of this NOFO.
FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award.
Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” of FEMA means: prior to the application deadline and within 48 hours after the applicant became aware of the issue.
A list of FEMA contacts can be found in Section G of this NOFO, “DHS Awarding Agency Contact Information.” For additional assistance using the ND Grants System, please contact the ND Grants Service Desk at (800) 865-4076 or [email protected] . The ND Grants
Service Desk is available Monday through Friday, 9:00 AM – 6:00 PM Eastern Time (ET).
For programmatic or grants management questions, please contact your FEMA Regional EOC Grant Program Manager. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at [email protected], Monday through Friday, 9:00 AM – 5:00 PM ET.
c. Anticipated Award Date: 06/30/2023
d. Other Key Dates
The suggested deadlines outlined in the table below apply only to the SAA as the eligible applicant. As noted in Section D.1.b. above, SAAs may impose separate deadlines on the subrecipients identified in Appendix A to ensure timely collection of the information required for application submission.
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2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.
3. Address to Request Application Package
Initial applications are processed through the Grants.gov portal. Final applications are
completed and submitted through FEMA’s Non-Disaster Grants (ND Grants) System.
Application forms and instructions are available at Grants.gov. To access these materials, go to
Home | Grants.gov.
Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the Awarding Office points of contact listed in Section G of this NOFO, “DHS Awarding Agency Contact Information” or by TTY (800) 462-7585.
4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM)
Each applicant, unless they have a valid exception under 2 CFR 25.110, must:
1) Be registered in Sam.Gov before application submission; 2) Provide a valid Unique Entity Identifier (UEI) in its application; and 3) Continue to always maintain an active System for Award Management (SAM) registration with current information during the Federal Award process.
5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application
Applying for an award under this program is a multi-step process and can take four weeks or more to complete. Applicants are encouraged to register early to ensure they meet the required submission deadlines.
Please review the table above for estimated deadlines to complete each of the steps listed.
Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding.
Event Suggested Deadline for Completion
Initial registration in SAM.gov includes UEI issuance Four weeks before actual submission deadline Obtaining a valid Employer Identification Number (EIN) Four weeks before actual submission deadline Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or updating SAM registration Four weeks before actual submission deadline Registering in Grants.gov Four weeks before actual submission deadline Registering in ND Grants Four weeks before actual submission deadline Starting application in Grants.gov One week before actual submission deadline Submitting application in Grants.gov Three days before actual submission deadline Submitting the final application in ND Grants By the submission deadline
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To apply for an award under this program, all applicants must:
a. Apply for, update, or verify their Unique Entity Identifier (UEI) number from SAM.gov and Employer Identification Number (EIN) from the Internal Revenue Service; b. In the application, provide an UEI number;
c. Have an account with login.gov
;
d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;
e. Create a Grants.gov account;
f. Add a profile to a Grants.gov account;
g. Establish an Authorized Organizational Representative (AOR) in Grants.gov; h. Register in ND Grants
I. Submit an initial application in Grants.gov;
j. Submit the final application in ND Grants, including electronically signing applicable forms; and
k. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.
Specific instructions on how to apply for, update, or verify an UEI number or SAM registration or establish an AOR are included below in the steps for applying through Grants.gov.
Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.
Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number
and completing SAM registration prior to
receiving a federal award, the applicant must notify FEMA as soon as possible by contacting [email protected]
and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date.
6. Electronic Delivery
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DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity.
For this funding opportunity, FEMA requires applicants to submit initial applications through Grants.gov and a final application through ND Grants.
7. How to Register to Apply through Grants.gov
a. General Instructions:
Registering and applying for an award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.
The registration process can take up to four weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission.
Organizations must have an UEI number, an EIN, an active System for Award Management (SAM) registration and Grants.gov account to apply for grants.
Organizations must also have a Grants.gov account to apply for an award under this program.
Creating a Grants.gov account can be completed online in minutes, but UEI and SAM registrations may take several weeks. Therefore, an organization's registration should be done in sufficient time to ensure it does not impact the entity's ability to meet required application submission deadlines. Complete organization instructions can be found on Grants.gov here:
Organization Registration | Grants.gov.
If individual applicants are eligible to apply for this grant funding opportunity, refer to Applicant Registration | Grants.gov.
b. Obtain an UEI Number:
All entities applying for funding, including renewal funding, must have a UEI number.
Applicants must enter the UEI number in the applicable data entry field on the SF-424 form.
For more detailed instructions for obtaining a UEI number, refer to SAM.gov. c. Obtain Employer Identification Number
All entities applying for funding must provide an Employer Identification Number (EIN).
The EIN can be obtained from the IRS by visiting:
Apply for an Employer Identification
Number (EIN) Online | Internal Revenue Service (irs.gov).
d. Create a login.gov account:
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Applicants must have a login.gov account in order to register with SAM or update their SAM registration. Applicants can create a login.gov account here: Create your account - Login.gov.
Applicants only have to create a login.gov account once. For applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked.
For more information on the login.gov requirements for SAM registration, refer to SAM.gov | Home.
e. Register with SAM:
All organizations applying online through Grants.gov must register with SAM. Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually. Organizations will be issued a UEI number with the completed SAM registration.
For more detailed instructions for registering with SAM, refer to Step 2: Registe r with SAM | Grants.gov.
Note: As a new requirement per 2 C.F.R. § 25.200, applicants must also provide the applicant’s immediate and highest-level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.
I. A DDITIONAL SAM REMINDERS
Existing SAM.gov account holders should check their account to make sure it is “ACTIVE.” SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being “INACTIVE.” Please allow plenty of time before the grant application submission deadline to obtain an UEI number and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours before FEMA’s system recognizes the information.
It is imperative that the information applicants provide is correct and current. Please ensure that your organization’s name, address, and EIN are up to date in SAM and that the UEI number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient’s having a current SAM registration.
II. H ELP WITH SAM
The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, please contact the Federal Support Desk at GDIT TSS Service Portal - GDIT Technology Shared Services Portal (fsd.gov) or call toll free (866) 606-8220.
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f. Create a Grants.gov Account:
The next step in the registration process is to create an account with Grants.gov. If applicable, applicants must know their organization’s UEI number to complete this process.
For more information, follow the on-screen instructions or refer to: Applicant Registration | Grants.gov.
See also Section D.9 in this NOFO, “Submitting the Final Application in ND Grants,” for instructions on how to register early in ND Grants.
g. Add a Profile to a Grants.gov Account:
A profile in Grants.gov corresponds to a single applicant organization the user represents (i.e., an applicant) or an individual applicant. If you work for or consult with multiple organizations and have a profile for each, you may log in to one Grants.gov account to access all of your grant applications. To add an organizational profile to your Grants.gov account, if applicable, enter the UEI number for the organization in the UEI field while adding a profile.
For more detailed instructions about creating a profile on Grants.gov, refer to: Add Profile | Grants.gov.
h. EBiz POC Authorized Profile Roles:
After you register with Grants.gov and create an Organization Applicant Profile, the organization applicant's request for Grants.gov roles and access is sent to the EBiz POC. The EBiz POC will then log in to Grants.gov and authorize the appropriate roles, which may include the Authorized Organization Representative (AOR) role, thereby giving you permission to complete and submit applications on behalf of the organization. You will be able to submit your application online any time after you have been assigned the AOR role.
For more detailed instructions about creating a profile on Grants.gov, refer to EBiz POC Authorizes Profile Roles | Grants.gov.
i. Track Role Status:
To track your role request, refer to Track Profile Role Status | Grants.gov.
j. Electronic Signature:
When applications are submitted through Grants.gov, the name of the organization applicant with the AOR role that submitted the application is inserted into the signature line of the application, serving as the electronic signature. The EBiz POC must authorize individuals who are able to make legally binding commitments on behalf of the organization as an AOR; this step is often missed, and it is crucial for valid and timely submissions.
8. How to Submit an Initial Application to FEMA via Grants.gov Standard Form 424 (SF-424) is the initial application for this NOFO.
Grants.gov applicants can apply online using a workspace. A workspace is a shared, online environment where members of a grant team may simultaneously access and edit different
15 FY 2023 EOCGP NOFO
web forms within an application. For each Notice of Funding Opportunity, you can create individual instances of a workspace. Applicants are encouraged to submit their initial applications in Grants.gov at least seven days before the application deadline.
In Grants.gov, applicants need to submit the following forms:
• SF-424, Application for Federal Assistance; and
• Grants.gov Lobbying Form, Certification Regarding Lobbying.
Below is an overview of applying on Grants.gov. For access to complete instructions on how to apply for opportunities using Workspace, refer to Workspace Overview | Grants.gov.
a. Create a Workspace:
Creating a workspace allows you to complete it online and route it through your organization for review before submitting.
b. Complete a Workspace:
Add participants to the workspace to work on the application together, complete all the required forms online or by downloading PDF versions, and check for errors before submission.
c. Adobe Reader:
If you decide not to apply by filling out webforms you can download individual PDF forms in Workspace so that they will appear similar to other Standard or DHS forms. The individual PDF forms can be downloaded and saved to your local device storage, network drive(s), or external drives, then accessed through Adobe Reader.
NOTE: Visit the Adobe Software Compatibility page on Grants.gov to download the appropriate version of the software at Adobe Software Compatibility | Grants.gov.
d. Mandatory Fields in Forms:
In the forms, you will note fields marked with an asterisk and a different background color.
These fields are mandatory fields that must be completed to successfully submit your application.
e. Complete SF-424 Fields First:
The forms are designed to fill in common required fields across other forms, such as the applicant name, address, and UEI number. To trigger this feature, an applicant must complete the SF-424 information first. Once it is completed, the information will transfer to the other forms.
f. Submit a Workspace:
An application may be submitted through workspace by clicking the “Sign and Submit” button on the Manage Workspace page, under the Forms tab. Grants.gov recommends submitting your application package at least 24-48 hours prior to the close date to provide you with time to correct any potential technical issues that may disrupt the application submission.
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g. Track a Workspace:
After successfully submitting a workspace package, a Grants.gov Tracking Number (GRANTXXXXXXXX) is automatically assigned to the application. The number will be listed on the confirmation page that is generated after submission. Using the tracking number, access the Track My Application page under the Applicants tab or the Details tab in the submitted workspace.
h. Additional Training and Applicant Support:
For additional training resources, including video tutorials, refer to: Applicant Training | Grants.gov.
Grants.gov provides applicants 24/7 (except federal holidays) support via the toll-free number (800) 518-4726, email at [email protected] and the website at Support | Grants.gov. For questions related to the specific grant opportunity, contact the number listed in the application package of the grant you are applying for.
If you are experiencing difficulties with your submission, it is best to call the Grants.gov Support Center and get a ticket number. The Support Center ticket number will assist FEMA with tracking your issue and understanding background information on the issue.
9. Submitting the Final Application in ND Grants
After submitting the initial application in Grants.gov, eligible applicants will be notified by FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement or, at the latest, seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their applications.
Applicants needing assistance registering for the ND Grants system should contact [email protected]
or (800) 865-4076, Monday through Friday, 9:00 AM – 6:00 PM ET. For step-by-step directions on using the ND Grants system and other guides, please see Non-Disaster Grants Management System | FEMA.gov.
In ND Grants, applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.10 of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) are auto generated in ND Grants, but applicants may access these forms in advance through the Forms tab under the SF-424 family on Grants.gov
. Applicants should review these forms before applying to ensure they have all the information required.
For additional application submission requirements, including program-specific requirements, please refer to the subsection titled “Content and Form of Application Submission” under Section D of this NOFO.
10. Timely Receipt Requirements and Proof of Timely Submission
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As application submission is a two-step process, the applicant with the AOR role who submitted the application in Grants.gov will receive an acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov with the successful transmission of its initial application. This notification does not serve as proof of timely submission, as the application is not complete until it is submitted in ND Grants. Applicants can also view the ND Grants Agency Tracking Number by accessing the Details tab in the submitted workspace section in Grants.gov, under the Agency Tracking Number column. Should the Agency Tracking Number not appear, the application has not yet migrated from Grants.gov into the ND Grants System. Please allow 24 hours for your ND Grants application tracking number to migrate.
All applications must be received in ND Grants by 5:00 PM ET on the application deadline.
Proof of timely submission is automatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system-generated email to confirm receipt.
11. Content and Form of Application Submission
a. Standard Required Application Forms and Information
The following forms or information are required to be submitted in either Grants.gov or ND Grants. The Standard Forms (SF) are submitted either through Grants.gov, through forms generated in ND Grants, or as an attachment in ND Grants. Applicants may also access the SFs at SF-424 Family | Grants.gov
.
I. G RANTS.GOV
• SF-424, Application for Federal Assistance, initial application submitted through Grants.gov
• Grants.gov Lobbying Form, Certification Regarding Lobbying, submitted through Grants.gov
II. ND GRANTS
• SF-424A, Budget Information (Non-Construction), submitted via the forms generated by ND Grants
o For construction under an award, submit SF-424C, Budget Information (Construction), submitted via the forms generated by ND Grants, in addition to or instead of SF-424A
• SF-424B, Standard Assurances (Non-Construction), submitted via the forms generated by ND Grants
o For construction under an award, submit SF-424D, Standard Assurances (Construction), submitted via the forms generated by ND Grants, in addition to or instead of SF-424B
• SF-LLL, Disclosure of Lobbying Activities, submitted via the forms generated by ND Grants
• Indirect Cost Agreement or Proposal, submitted as an attachment in ND Grants if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an
18 FY 2023 EOCGP NOFO
indirect cost rate agreement or proposal, please see Section D.13 of this NOFO, “Funding Restrictions and Allowable Costs,” for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be available or contact the relevant FEMA staff identified in Section G of this NOFO, “DHS Awarding Agency Contact Information” for further instructions.
Generally, applicants have to submit either the non-construction forms (i.e., SF-424A and SF-424B) or construction forms (i.e., SF-424C and SF-424D), meaning that applicants that only have construction work and do not have any non-construction work need only submit the construction forms (i.e., SF-424C and SF-424D) and not the non-construction forms (i.e., SF-424A and SF-424B), and vice versa. However, applicants who have both construction and non-construction work under this program need to submit both the construction and non- construction forms.
b. Program-Specific Required Forms and Information
The following program-specific forms or information are required to be submitted in ND Grants:
• As part of the FY 2023 EOC Grant Program application process, applicants must develop a formal Investment Justification (IJ) that addresses the construction, upgrading, or equipping activities and costs. FEMA has developed an Excel-based template that establishes the required IJ content and helps ensure that submissions are organized in a consistent manner while addressing key data requirements. Use of the template is not mandatory but recommended to ensure all appropriate information is submitted. If applicants choose to not use the template, they must ensure their application submission includes all fields and data elements that are included in the template. All applications must use the following file naming convention when submitting required documents as part of the FY 2023 EOC Grant Program: “FY 2023 EOC <State Abbreviation> - <EOC Name>.”
12. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372 (See Executive Orders | National Archives;
Intergovernmental Review (SPOC List)
(whitehouse.gov)
13. Funding Restrictions and Allowable Costs
All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in this NOFO, or the terms and conditions of the award. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award, with the exception of approved pre-award costs (see Section 13.b Pre-award Costs ). Also see 2 C.F.R. §
200.403(h) (referring to budget periods, which for FEMA awards is the same as the period of performance). For the EOC Grant Program, the budget period is the same as the period of performance.
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In general, the Cost Principles establish standards for the allowability of costs, provide detailed guidance on the cost accounting treatment of costs as direct or administrative costs, and set forth allowability principles for selected items of cost. More specifically, except as otherwise stated in this NOFO, the terms and condition of an award, or other program materials, costs charged to awards covered by this NOFO must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. In order to be allowable, all costs charged to a FEMA award or applied to the cost share must be reasonable in nature and amount and allocable to the particular FEMA award.
Additionally, all costs charged to awards must comply with the grant program’s applicable statutes, policies, requirements in this NOFO as well as with the terms and conditions of the award. If FEMA staff identify costs that are inconsistent with any of these requirements, these costs may be disallowed, and FEMA may recover funds as appropriate, consistent with applicable laws, regulations, and policies.
As part of those requirements, grant recipients and subrecipients may only use federal funds or funds applied to a cost share for the purposes set forth in this NOFO and the terms and conditions of the award, and those costs must be consistent with the statutory authority for the award.
Grant funds may not be used for matching funds for other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the federal government or any other government entity.
a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services
Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the
John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 ( 2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to FEMA 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.
Guidance is available at
Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services, FEMA Policy #405-143-1, or superseding document.
Additional guidance is available at
Contract Provisions Guide: Navigating Appendix II to
Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (fema.gov).
Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to:
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1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or
3. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
I. REPLACEMENT EQUIPMENT AND SERVICES
FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the NOFO.
II. DEFINITIONS
Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China.
Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and cloud servers when produced, provided, or used by the entities listed in the definition of “covered telecommunications equipment or services.” See 2 C.F.R. § 200.471.
b. Pre-award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA and if they are included in the award agreement. To request pre-award costs, a written request must be included with the application and be signed by the AOR. The request letter must include:
• an explanation of the pre-award costs incurred, including a justification for why the costs should be deemed allowable; and
21 FY 2023 EOCGP NOFO
• an itemized budget break-out that details all claimed pre-award costs, including dates incurred, to clearly distinguish them from post-award costs.
Recipients and subrecipients are cautioned that an Environmental Planning and Historic Preservation (EHP) review is required for all federally funded projects. Most EOCGP-funded projects that involve construction activities (including site prep and any ground disturbance activities) or modifications to existing buildings will require a full EHP review. Furthermore, the EHP review process usually must be completed before the project may begin. In some limited circumstances FEMA can conduct an after-the-fact (ATF) EHP review, which would retroactively provide approval for EHP-related activities and would allow grant funds to pay for pre-award costs for these activities. However, an ATF review may find EHP compliance issues that cannot be remedied because construction or installation had already begun. Such situations may compel FEMA to decline to provide pre-award costs, and even revoke federal funding for those portions of the project that fail to meet the EHP compliance requirements.
See Section F.3.c of this NOFO for additional EHP guidance.
c. Management and Administration (M&A) Costs
M&A costs are allowed for activities directly related to the management and administration of the award, such as financial management, reporting, and program and financial monitoring. Some examples of M&A costs include grants management training for M&A staff, equipment and supplies for M&A staff to administer the grant award, travel costs for M&A staff to attend conferences or training related to the grant program, travel costs for the M&A staff to conduct subrecipient monitoring, contractual services to support the M&A staff with M&A activities, and auditing costs related to the grant award to the extent required or permitted by statute or 2 C.F.R. Part 200. Characteristics of M&A expenses can include the following: 1) direct costs that are incurred to administer a particular Federal award; 2) identifiable and unique to each Federal award; 3) charged based on the activity performed for that particular Federal award; and 4) not duplicative of the same costs that are included in the approved Indirect Cost Rate Agreement, if applicable.
State recipients may use up to 4.8336663% of the total award amount (the federal share) of each subaward project for their M&A. This figure is based on the total dollar amount ($15,960,933) appropriated by Congress to support M&A costs for state recipients under both the FY 2023 EOC and Pre-Disaster Mitigation Grant Programs. This 4.8336663% figure excludes the amount of any required non-federal match and is not subject to any kind of non- federal cost-share. Any funds retained must be used solely for M&A purposes associated with the EOCGP award. Per the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2023, the Recipients’ M&A funding is not part of the subaward project award funding. The Joint Explanatory Statement also notes that State recipients may use other eligible funds for M&A.
Subrecipients may use up to 5% of the funding passed through by the state solely for M&A purposes associated with the EOCGP award.
d. Indirect Facilities & Administrative (F&A) Costs
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Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R.
Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the FEMA Regional Grants Management Specialist for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to the FEMA Regional Grants Management Specialist for further instructions. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above or based upon on the de minimis rate or cost allocation plan, as applicable. See Section H.12 of this NOFO for additional
information on the procedures for establishing an indirect cost rate.
f. Other Direct Costs
I. Planning
Planning costs to support the EOC construction or upgrading activities are allowable. These planning activities include the following:
i. Developing plans, protocols, or procedures for the operation and use related to new capabilities as a result of the construction or upgrading activities; ii. Conducting physical and cyber security assessments; iii. Ensuring EOC continuity of operations; and
iv. Analyzing constructed or renovated space to support the design and implementation of protection systems (e.g., fire protection and suppression, atmospheric filtration, explosives mitigation).
II. Equipment
Only equipment integral to EOC construction and upgrading activities is allowable. The allowable equipment categories for the FY 2023 EOC Grant Program are listed on the Authorized Equipment List
(AEL). Although an item may be included within an allowable category on the list, the equipment must also directly support the function and operation of the EOC to be considered allowable.
The select allowable equipment includes equipment from the following AEL categories:
• Explosive Device Mitigation and Remediation (Category 2) • Information Technology (Category 4)
• Cybersecurity Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11)
• Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19)
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• Other Authorized Equipment (Category 21)
If applicants have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their FEMA Regional EOC Grant Program Manager through the Centralized Scheduling and Information Desk (CSID) at (800) 368- 6498 or [email protected]
Monday through Friday, 9 a.m. – 5 p.m. ET, for clarification.
FEMA will consider requests to purchase equipment that is not listed in the AEL on a case- by-case basis. Such requests should be submitted in writing to the applicable FEMA Regional Grant Program Office. FEMA’s review and approval of such requests will involve both the FEMA regional office and headquarters program staff to ensure nationwide consistency in the decision-making process and to support any necessary updates to the AEL.
Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high-cost items and those subject to rapid technological advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Also see 2 C.F.R. §§ 200.216, 200.471, and FEMA Policy #405-143-1, or successor policy, regarding prohibitions on covered telecommunications equipment or services.
Recipients and sub-recipients that are using FY 2023 EOC Grant Program funds to support emergency communications activities must comply with the SAFECOM Guidance on Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. This SAFECOM Guidance can be found at Funding Resources | CISA
.
Recipients and sub-recipients are required to provide the AEL number for all communications equipment purchased with grant award funding (plus a description of the equipment and the quantity purchased of each item) to the FEMA GPD once items are procured as part of periodic programmatic grant reporting.
III. Construction and Upgrading
“Construction,” as defined in this program, refers to building a new facility or any changes to the footprint of an existing facility, while “upgrading” refers to internal improvements to an existing facility. For EOC projects that involve construction or upgrading of multipurpose facilities, such as public safety facilities, police/fire stations, etc., EOCGP funding may only be used for those parts of the facility that are directly associated with the EOC. For new facility construction, the use of EOCGP funds should be limited to the proportionate facility construction cost, generally based on the square footage (floor space) of the EOC compared to the square footage of the entire facility.
All proposed construction and upgrading activities must undergo an Environmental Planning and Historic Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action related to the project. Failure of a grant recipient to meet these
24 FY 2023 EOCGP NOFO
requirements may jeopardize Federal funding. See Section F.3.c of this NOFO for more information.
E. Application Review Information
1. Application Evaluation Criteria
a. Programmatic Criteria
Applications will be reviewed to ensure completeness, adherence to programmatic guidelines, and cost allowability.
b. Financial Integrity Criteria
Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred.
FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant:
i. Financial stability;
ii. Quality of management systems and ability to meet management standards; iii. History of per formance in managing federal award; iv. Reports and findings from audits ; and
v. Ability to effectively implement statutory, regulatory, or other requirements.
c. Supplemental Financial Integrity Criteria and Review Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000:
i. FEMA is required to review and consider any information about the applicant, including information on the applicant’s immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the
Federal Awardee Performance
and Integrity Information System (FAPIIS).
ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered.
iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206.
2. Review and Selection Process
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Applications will be reviewed to ensure compliance with administrative application requirements, and that all proposed activities and budget line-items are allowable under this program.
F. Federal Award Administration Information
1. Notice of Award
Before accepting the award, the AOR and recipient should carefully read the award package.
The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO as well as any specific terms and conditions in the Notice of Award to receive an award under this program.
Notification of award approval is made through the ND Grants system through an automatic electronic mail to the recipient’s authorized official listed in the initial application. The recipient should follow the directions in the notification to confirm acceptance of the award.
Recipients must accept their awards no later than 60 days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award or provide a notice of intent to decline through the ND Grants system. For instructions on how to accept or decline an award in the ND Grants system, please see the ND Grants Grant Recipient User Guide, which is available at Non-Disaster Grants Management System | FEMA.gov along
with other ND Grants materials.
Funds will remain on hold until the recipient accepts the award through the ND Grants system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within the 60-day timeframe may result in a loss of funds.
2. Pass-Through Requirements
The SAA must pass-through 100% of funding to the subrecipients identified in Appendix A of this NOFO. Separate funding has been set aside for Recipient M&A costs. See Section D.13.c for more information.
3. Administrative and National Policy Requirements
In addition to the requirements of in this section and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200.
a. DHS Standard Terms and Conditions
All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at:
DHS Standard
Terms and Conditions.
The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award.
26 FY 2023 EOCGP NOFO
b. Ensuring the Protection of Civil Rights
As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations.
Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA.
The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms
and Conditions. Additional information on civil rights provisions is available at External Civil Rights Division | FEMA.gov.
Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7.
In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment.
c. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable.
All non-critical new construction or substantial improvement of structures in a Special Flood Hazard Area must, at a minimum, apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach unless doing so would cause the project to be unable to meet applicable program cost-effectiveness requirements. All other types of projects may choose to apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach. See
Executive Order (EO) 14030, Climate-Related
Financial Risk and FEMA Policy #-206-21-0003, Partial Implementation of the Federal Flood Risk Management Standard for Hazard Mitigation Assistance Programs (Interim) (fema.gov).
All GPD actions, including grant-funded actions, must comply with National Flood Insurance Program criteria or any more restrictive federal, state, or local floodplain management standards or building code (44 CFR § 9.11(d)(6)). All GPD-funded non-critical actions in 1% annual chance floodplains (also known as 100-year floodplains) that involve new construction or substantial improvement of structures must be elevated, at a minimum, to the lower of:
27 FY 2023 EOCGP NOFO
• Two feet above the 1% annual chance flood elevation (also known as the base flood elevation), in accordance with the Federal Flood Risk Management Standard (FFRMS) “Freeboard Value Approach” (FVA); or
• The 0.2% annual chance flood elevation. Where 0.2% annual chance flood elevations are not available, such actions must be elevated to at least two feet above the 1% annual chance flood elevation.
All GPD-funded critical actions in 0.2% annual chance floodplains (also known as 500-year floodplains) that involve new construction or substantial improvement of structures must be elevated, at a minimum, to the higher of:
• Three feet above the 1% annual chance flood elevation; or • The 0.2% annual chance flood elevation. Where 0.2% annual chance flood elevations are not available, such actions must be elevated to at least three feet above the 1% annual chance flood elevation.
See Executive Order (EO) 11988, Floodplain Management, as amended by EO 13690,
Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input.
Recipients and subrecipients proposing projects that have the potential to impact the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA in order to determine whether the proposed project has the potential to impact environmental resources or historic properties.
In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not incompliance with applicable EHP laws, Executive Orders, regulations, and policies.
DHS and FEMA EHP policy is found in directives and instructions available on the FEMA.gov EHP page
, the FEMA website page that includes documents regarding EHP responsibilities and program requirements, including implementation of the National Environmental Policy Act and other EHP regulations and Executive Orders.
The GPD EHP screening form is located at: FEMA Form
. Additionally, all recipients under
this funding opportunity are required to comply with the FEMA GPD EHP Policy Guidance, FEMA Policy #108-023-1.
d. National Incident Management System (NIMS) Implementation In expending funds under this program, recipients that are state, local, tribal, or territorial governments must ensure and maintain adoption and implementation of NIMS. The state,
28 FY 2023 EOCGP NOFO
local, tribal, or territorial government must show adoption of NIMS during any point of the period of performance. The list of objectives used for progress and achievement reporting is at NIMS Implementation and Training | FEMA.gov
.
Emergency management and incident response activities require carefully managed resources (personnel, teams, facilities, equipment, and/or supplies) to meet incident needs. Using standardized resource management concepts such as typing, credentialing, and inventorying, promote a strong national mutual aid capability needed to support delivery of core capabilities. Additional information on resource management, NIMS resource typing definitions, job titles, and position qualifications is on FEMA’s website at NIMS
Components - Guidance and Tools | FEMA.gov.
FEMA developed the
National Incident Management System Guideline for the National Qualification System to describe national credentialing standards and to provide written guidance regarding the use of those standards. This guideline describes credentialing and typing processes and identifies tools which Federal Emergency Response Officials and emergency managers at all levels of government may use both routinely and to facilitate multijurisdictional coordinated responses.
Although state, local, tribal, and private sector partners (including nongovernmental organizations) are not required to credential their personnel in accordance with these guidelines, FEMA strongly encourages them to do so to leverage the federal investment in the Federal Information Processing Standards 201 infrastructure and to facilitate interoperability for personnel deployed outside their home jurisdiction.
Additional information about NIMS in general is available at National Incident Management
System | FEMA.gov.
4. Reporting
Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent.
a. Financial Reporting Requirements
I. F EDERAL FINANCIAL REPORT (FFR)
Recipients must report obligations and expenditures through the FFR form (SF-425) to FEMA.
Recipients may review the Federal Financial Reporting Form (FFR) (SF-425) at Post-Award
Reporting Forms | Grants.gov.
Recipients must file the FFR electronically using the Payment and Reporting Systems (PARS
).
II. FFR REPORTING PERIODS AND DUE DATES
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An FFR must be submitted quarterly throughout the POP, including partial calendar quarters, as well as in periods where no grant award activity occurs. The final FFR is due within 120 calendar days after the end of the POP. Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail.
Except for the final FFR due at 120 days after the end of the POP for purposes of closeout, the following reporting periods and due dates apply for the FFR:
Reporting Period Report Due Date
October 1 – December
31 January 30
January 1 – March 31 April 30
April 1 – June 30 July 30
July 1 – September 30 October 30
b. Programmatic Performance Reporting Requirements
I. P ERFORMANCE PROGRESS REPORT (PPR)
Recipients are responsible for providing updated performance reports on a biannual basis as an attachment in ND Grants. The PPR must include:
• A brief narrative of overall project(s) status;
• A summary of project expenditures; and
• A description of any potential issues that may affect project completion.
c. Program Performance Reporting Periods and Due Dates The following reporting periods and due dates apply for the PPR:
Reporting Period Report Due Date
January 1 – June 30 July 30
July 1 – December 31 January 30
d. Closeout Reporting Requirements
I. C LOSEOUT REPORTING
Within 120 calendar days after the end of the period of performance for the prime award or after an amendment has been issued to close out an award before the original POP ends, recipients must liquidate all financial obligations and must submit:
i. The final request for payment, if applicable;
ii. The final FFR (SF-425);
iii. The final progress report detailing all accomplishments, including a narrative summary of the impact of those accomplishments throughout the period of performance;
iv. A qualitative narrative summary of the impact of those accomplishments throughout the entire POP; and
v. Other documents required by this NOFO, terms and conditions of the award, or other FEMA guidance.
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In addition, pass-through entities are responsible for closing out their subawards as described in 2 C.F.R. § 200.344; subrecipients are still required to submit closeout materials within 90 calendar days of the period of performance end date. When a subrecipient completes all closeout requirements, pass-through entities must promptly complete all closeout actions for subawards in time for the recipient to submit all necessary documentation and information to FEMA during the closeout of the prime award.
After the prime award closeout reports have been reviewed and approved by FEMA, a closeout notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for at least three years from the date of the final FFR. The record retention period may be longer, such as due to an audit or litigation, for equipment or real property used beyond the period of performance, or due to other circumstances outlined in 2 C.F.R. § 200.334.
The recipient is responsible for refunding to FEMA any balances of unobligated cash that FEMA paid that are not authorized to be retained per 2 C.F.R. § 200.344(d).
II. ADMINISTRATIVE CLOSEOUT
Administrative closeout is a mechanism for FEMA to unilaterally move forward with closeout of an award using available award information in lieu of final reports from the recipient per 2 C.F.R. § 200.344(h)-(i). It is a last resort available to FEMA, and if FEMA needs to administratively close an award, this may negatively impact a recipient’s ability to obtain future funding. This mechanism can also require FEMA to make cash or cost adjustments and ineligible cost determinations based on the information it has, which may result in identifying a debt owed to FEMA by the recipient.
When a recipient is not responsive to FEMA’s reasonable efforts to collect required reports needed to complete the standard closeout process, FEMA is required under 2 C.F.R. § 200.344(h) to start the administrative closeout process within the regulatory timeframe.
FEMA will make at least three written attempts to collect required reports before initiating administrative closeout. If the recipient does not submit all required reports in accordance with 2 C.F.R. § 200.344, this NOFO, and the terms and conditions of the award, FEMA must proceed to administratively close the award with the information available within one year of the period of performance end date. Additionally, if the recipient does not submit all required reports within one year of the period of performance end date, per 2 C.F.R. § 200.344(i), FEMA must report in FAPIIS the recipient’s material failure to comply with the terms and conditions of the award.
If FEMA administratively closes an award where no final FFR has been submitted, FEMA uses that administrative closeout date in lieu of the final FFR submission date as the start of the record retention period under 2 C.F.R. § 200.334.
In addition, if an award is administratively closed, FEMA may decide to impose remedies for noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards.
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e. Additional Reporting Requirements
I. D ISCLOSING INFORMATION PER 2 C.F.R. § 180.335
This reporting requirement pertains to disclosing information related to government-wide suspension and debarment requirements. Before a recipient enters into a grant award with FEMA, the recipient must notify FEMA if it knows if it or any of the recipient’s principals under the award fall under one or more of the four criteria listed at 2 C.F.R. § 180.335:
i. Are presently excluded or disqualified;
ii. Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. § 180.800(a) or had a civil judgment rendered against it or any of the recipient’s principals for one of those offenses within that time period; iii. Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses listed in 2 C.F.R. § 180.800(a); or
iv. Have had one or more public transactions (federal, state, or local) terminated within the preceding three years for cause or default.
At any time after accepting the award, if the recipient learns that it or any of its principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the recipient must provide immediate written notice to FEMA in accordance with 2 C.F.R. § 180.350.
II. R EPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE Per 2 C.F.R. Part 200, Appendix I § F.3, the additional post-award reporting requirements in 2 C.F.R. Part 200, Appendix XII may apply to applicants who, if upon becoming recipients, have a total value of currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies that exceeds $10,000,000 for any period of time during the period of performance of an award under this funding opportunity.
Recipients that meet these criteria must maintain current information reported in FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of Appendix XII at the reporting frequency described in paragraph 4 of Appendix XII.
III. SINGLE AUDIT REPORT
For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report, also known as the single audit report.
The audit must be performed in accordance with the requirements of U.S. Government Accountability Office’s (GAO) Government Auditing Standards, located at Yellow Book |
U.S. GAO, and the requirements of Subpart F of 2 C.F.R. Part 200, located at eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements.
5. Monitoring and Oversight
Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide
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any required technical assistance. During site visits or desk reviews, FEMA will review recipients’ files related to the award. As part of any monitoring and program evaluation activities, recipients must permit FEMA, upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program.
Recipients must respond in a timely and accurate manner to FEMA requests for information relating to the award.
Effective monitoring and oversight help FEMA ensure that recipients use grant funds for their intended purpose(s); verify that projects undertaken are consistent with approved plans; and ensure that recipients make adequate progress toward stated goals and objectives.
Additionally, monitoring serves as the primary mechanism to ensure that recipients comply with applicable laws, rules, regulations, program guidance, and requirements. FEMA regularly monitors all grant programs both financially and programmatically in accordance with federal laws, regulations (including 2 C.F.R. Part 200), program guidance, and the terms and conditions of the award. All monitoring efforts ultimately serve to evaluate progress towards grant goals and proactively target and address issues that may threaten grant success during the period of performance.
FEMA staff will periodically monitor recipients to ensure that administrative processes, policies and procedures, budgets, and other related award criteria are meeting Federal Government-wide and FEMA regulations. Aside from reviewing quarterly financial and programmatic reports, FEMA may also conduct enhanced monitoring through either desk- based reviews, onsite monitoring visits, or both. Enhanced monitoring will involve the review and analysis of the financial compliance and administrative processes, policies, activities, and other attributes of each federal assistance award, and it will identify areas where the recipient may need technical assistance, corrective actions, or other support.
Financial and programmatic monitoring are complementary processes within FEMA’s overarching monitoring strategy that function together to ensure effective grants management, accountability, and transparency; validate progress against grant and program goals; and safeguard federal funds against fraud, waste, and abuse. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements, while programmatic monitoring seeks to validate and assist in grant progress, targeting issues that may be hindering achievement of project goals and ensuring compliance with the purpose of the grant and grant program. Both monitoring processes are similar in that they feature initial reviews of all open awards, and additional, in-depth monitoring of grants requiring additional attention.
Recipients and subrecipients who are pass-through entities are responsible for monitoring their subrecipients in a manner consistent with the terms of the federal award at 2 C.F.R. Part 200, including 2 C.F.R. § 200.332. This includes the pass-through entity’s responsibility to monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved.
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In terms of overall award management, recipient and subrecipient responsibilities include, but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass-through entity, or other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the terms of 2 C.F.R. Part 200.
G. DHS Awarding Agency Contact Information
1. Contact and Resource Information
a. Program Office Contact
FEMA has region-specific Preparedness Officers. If you do not know your Preparedness Officer, please contact CSID by phone at (800) 368-6498 or by email at [email protected]
, Monday through Friday, 9:00 AM – 5:00 PM ET.
b. Centralized Scheduling and Information Desk (CSID)
CSID is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. CSID provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the federal, state, and local levels. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns.
CSID can be reached by phone at (800) 368-6498 or by e-mail at [email protected] ,
Monday through Friday, 9:00 AM – 5:00 PM ET.
c. Grant Programs Directorate (GPD) Award Administration Division GPD’s Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the AAD’s Help Desk via e-mail at [email protected] .
d. FEMA Regional Offices
FEMA Regional Offices manage, administer, and conduct the application budget review, create the award package, approve, amend, and close out awards, as well as conduct cash analysis, financial and programmatic monitoring, and audit resolution for the EOC Grant Program. The Regions also provide technical assistance to EOC Grant Program recipients.
FEMA Regional Office contact information is available at Regions, States and Territories |
FEMA.gov.
e. Equal Rights
The FEMA Office of Equal Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to [email protected]
.
f. Environmental Planning and Historic Preservation
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GPD’s EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to [email protected]
.
2. Systems Information
a. Grants.gov
For technical assistance with Grants.gov
, call the customer support hotline 24 hours per day,
7 days per week (except federal holidays) at (800) 518-4726 or e-mail at [email protected].
b. Non-Disaster (ND) Grants
For technical assistance with the ND Grants system, please contact the ND Grants Helpdesk at [email protected]
or (800) 865-4076, Monday through Friday, 9:00 AM – 6:00 PM ET. User resources are available at Non-Disaster Grants Management System | FEMA.gov.
c. Payment and Reporting System (PARS)
FEMA uses the Payment and Reporting System (PARS)
for financial reporting, invoicing,
and tracking payments. FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. For questions about the online system, please call the Customer Service Center at (866) 927-5646 or email
[email protected].
H. Additional Information
1. Termination Provisions
FEMA may terminate a federal award in whole or in part for one of the following reasons.
FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards.
a. Noncompliance
If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non- responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient’s material failure to comply with the award terms and conditions. See also the section on Actions to Address Noncompliance in this NOFO.
b. With the Consent of the Recipient
FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated.
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c. Notification by the Recipient
The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award.
2. Program Evaluation
Recipients and subrecipients are encouraged to incorporate program evaluation activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019)
urges federal awarding agencies and federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.” Evidence Act § 101 (codified at 5 U.S.C. § 311). Evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation.
In addition, recipients are required to participate in a DHS-led evaluation if selected, which may be carried out by a third-party on behalf of the Program Office or DHS. By accepting grant funds, recipients agree to participate in the evaluation, which may include analysis of individuals who benefit from the grant, and provide access to program operating personnel and participants, as specified by the evaluator(s) during the award.
3. Period of Performance Extensions
Extensions to the period of performance for this program are allowed. Extensions to the POP identified in the award will only be considered through formal, written requests to the recipient’s FEMA Preparedness Officer and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with the FEMA Preparedness Officer as needed when preparing an extension request.
All extension requests must address the following:
a. The grant program, fiscal year, and award number;
b. Reason for the delay –including details of the legal, policy, or operational challenges that prevent the final outlay of awarded funds by the deadline; c. Current status of the activity(ies);
d. Approved POP termination date and new project completion date; e. Amount of funds drawn down to date;
f. Remaining available funds, both federal and, if applicable, non- federal; g. Budget outlining how remaining federal and, if applicable, non- federal funds will be expended;
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h. Plan for completion, including milestones and timeframes for achieving each milestone and the position or person responsible for implementing the plan for completion; and
i. Certification that the activity(ies) will be completed within the extended POP without any modification to the original statement of work, as described in the Investment Justification and as approved by FEMA.
Extension requests will be granted only due to compelling legal, policy, or operational challenges. Extension requests will only be considered for the following reasons:
• Contractual commitments by the recipient or subrecipient with vendors prevent completion of the project, including delivery of equipment or services, within the existing POP;
• The project must undergo a complex environmental review that cannot be completed within the existing POP;
• Projects are long-term by design, and therefore acceleration would compromise core programmatic goals; or
• Where other special or extenuating circumstances exist.
Recipients should submit all proposed extension requests to FEMA for review and approval at least 120 days prior to the end of the POP to allow sufficient processing time. Extensions are typically granted for no more than a six-month period.
4. Disability Integration
Pursuant to Section 504 of the Rehabilitation Act of 1973, recipients of FEMA financial assistance must ensure that their programs and activities do not discriminate against other qualified individuals with disabilities.
Grant recipients should engage with the whole community to advance individual and community preparedness and to work as a nation to build and sustain resilience. In doing so, recipients are encouraged to consider the needs of individuals with disabilities into the activities and projects funded by the grant.
FEMA expects that the integration of the needs of people with disabilities will occur at all levels, including planning; alerting, notification, and public outreach; training; purchasing of equipment and supplies; protective action implementation; and exercises/drills.
The following are examples that demonstrate the integration of the needs of people with disabilities in carrying out FEMA awards:
• Include representatives of organizations that work with/for people with disabilities on planning committees, work groups and other bodies engaged in development and implementation of the grant programs and activities.
• Hold all activities related to the grant in locations that are accessible to persons with physical disabilities to the extent practicable.
• Acquire language translation services, including American Sign Language, that provide public information across the community and in shelters.
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• Ensure shelter-specific grant funds are in alignment with FEMA’s Guidance on Planning for Integration of Functional Needs Support Services in General Population Shelters.
• If making alterations to an existing building to a primary function area utilizing federal funds, complying with the most recent codes and standards and making path of travel to the primary function area accessible to the greatest extent possible. • Implement specific procedures used by public transportation agencies that include evacuation and passenger communication plans and measures for individuals with disabilities.
• Identify, create, and deliver training to address any training gaps specifically aimed toward whole-community preparedness. Include and interact with individuals with disabilities, aligning with the designated program capability. • Establish best practices in inclusive planning and preparedness that consider physical access, language access, and information access. Examples of effective communication access include providing auxiliary aids and services such as sign language interpreters, Computer Aided Real-time Translation (CART), and materials in Braille or alternate formats.
FEMA grant recipients can fund projects towards the resiliency of the whole community, including people with disabilities, such as training, outreach and safety campaigns, provided that the project aligns with this NOFO and the terms and conditions of the award.
5. Conflicts of Interest in the Administration of Federal Awards or Subawards For conflicts of interest under grant-funded procurements and contracts, refer to the section on Procurement Integrity in this NOFO and 2 C.F.R. §§ 200.317 – 200.327.
To eliminate and reduce the impact of conflicts of interest in the subaward process, recipients and pass-through entities must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Recipients and pass-through entities are also required to follow any applicable federal and state, local, tribal, or territorial (SLTT) statutes or regulations governing conflicts of interest in the making of subawards.
The recipient or pass-through entity must disclose to the respective Regional EOC Program Manager, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by the federal or SLTT statutes or regulations or their own existing policies, within five days of learning of the conflict of interest.
Similarly, subrecipients, whether acting as subrecipients or as pass-through entities, must disclose any real or potential conflict of interest to the recipient or next-level pass-through entity as required by the recipient or pass-through entity’s conflict of interest policies, or any applicable federal or SLTT statutes or regulations.
Conflicts of interest may arise during the process of FEMA making a federal award in situations where an employee, officer, or agent, any members of their immediate family and/or their partner has a close personal relationship, a business relationship, or a
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professional relationship, with an applicant, subapplicant, recipient, subrecipient, or FEMA employees.
6. Procurement Integrity
Through audits conducted by the DHS Office of Inspector General (OIG) and FEMA grant monitoring, findings have shown that some FEMA recipients have not fully adhered to the proper procurement requirements at 2 C.F.R. §§ 200.317 – 200.327 when spending grant funds. Anything less than full compliance with federal procurement requirements jeopardizes the integrity of the grant as well as the grant program. To assist with determining whether an action is a procurement or instead a subaward, please consult 2 C.F.R. § 200.331. For detailed guidance on the federal procurement standards, recipients and subrecipients should refer to various materials issued by FEMA’s Procurement Disaster Assistance Team (PDAT), such as the PDAT Field Manual and Contract Provisions Guide . Additional resources,
including an upcoming trainings schedule can be found on the PDAT Website: Contracting with Federal Funds for Goods and Services Before, During and After Disasters | FEMA.gov.
The below highlights the federal procurement requirements for FEMA recipients when procuring goods and services with federal grant funds. FEMA will include a review of recipients’ procurement practices as part of the normal monitoring activities. All procurement activity must be conducted in accordance with federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. Select requirements under these standards are listed below. The recipient and any of its subrecipients must comply with all requirements, even if they are not listed below.
Under 2 C.F.R. § 200.317, when procuring property and services under a federal award, states (including territories) must follow the same policies and procedures they use for procurements from their non-federal funds; additionally, states must now follow 2 C.F.R. § 200.321 regarding socioeconomic steps, 200.322 regarding domestic preferences for procurements, 200.323 regarding procurement of recovered materials, and 2 C.F.R. § 200.327 regarding required contract provisions.
All other non-federal entities, such as tribes (collectively, non-state entities), must have and use their own documented procurement procedures that reflect applicable SLTT laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to, providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319 and the required procurement methods at § 200.320.
a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 OMB recently updated various parts of Title 2 of the Code of Federal Regulations, among them, the procurement standards. States are now required to follow the socioeconomic steps in soliciting small and minority businesses, women’s business enterprises, and labor surplus area firms per 2 C.F.R. § 200.321. All non-federal entities should also, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States per 2 C.F.R. § 200.322. More
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information on OMB’s revisions to the federal procurement standards can be found in Purchasing Under a FEMA Award: OMB Revisions Fact Sheet .
The recognized procurement methods in 2 C.F.R. § 200.320 have been reorganized into informal procurement methods, which include micro-purchases and small purchases; formal procurement methods, which include sealed bidding and competitive proposals; and noncompetitive procurements. The federal micro-purchase threshold is currently $10,000, and non-state entities may use a lower threshold when using micro-purchase procedures under a FEMA award. If a non-state entity wants to use a micro-purchase threshold higher than the federal threshold, it must follow the requirements of 2 C.F.R. § 200.320(a)(1)(iii)- (v). The federal simplified acquisition threshold is currently $250,000, and a non-state entity may use a lower threshold but may not exceed the federal threshold when using small purchase procedures under a FEMA award. See 2 C.F.R. § 200.1 (citing the definition of simplified acquisition threshold from 48 C.F.R. Part 2, Subpart 2.1 ).
See 2 C.F.R. §§ 200.216, 200.471, and Appendix II as well as section D.13.a of the NOFO regarding prohibitions on covered telecommunications equipment or services.
b. Competition and Conflicts of Interest
Among the requirements of 2 C.F.R. § 200.319(b) applicable to all non-federal entities other than states, in order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. FEMA considers these actions to be an organizational conflict of interest and interprets this restriction as applying to contractors that help a non- federal entity develop its grant application, project plans, or project budget. This prohibition also applies to the use of former employees to manage the grant or carry out a contract when those former employees worked on such activities while they were employees of the non- federal entity.
Under this prohibition, unless the non-federal entity solicits for and awards a contract covering both development and execution of specifications (or similar elements as described above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317 – 200.327, federal funds cannot be used to pay a contractor to carry out the work if that contractor also worked on the development of those specifications. This rule applies to all contracts funded with federal grant funds, including pre-award costs, such as grant writer fees, as well as post- award costs, such as grant management fees.
Additionally, some of the situations considered to be restrictive of competition include, but are not limited to:
• Placing unreasonable requirements on firms for them to qualify to do business; • Requiring unnecessary experience and excessive bonding; • Noncompetitive pricing practices between firms or between affiliated companies; • Noncompetitive contracts to consultants that are on retainer contracts; • Organizational conflicts of interest;
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• Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
• Any arbitrary action in the procurement process.
Per 2 C.F.R. § 200.319(c), non-federal entities other than states must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed SLTT geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to maintain written standards of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest.
Such conflicts of interest would arise when the employee, officer or agent, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non- federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity.
Under 2 C.F.R. 200.318(c)(2), if the recipient or subrecipient (other than states) has a parent, affiliate, or subsidiary organization that is not a state, local, tribal, or territorial government, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. In this context, organizational conflict of interest means that because of a relationship with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The non-federal entity must disclose in writing any potential conflicts of interest to FEMA or the pass-through entity in accordance with applicable FEMA policy.
c. Supply Schedules and Purchasing Programs
Generally, a non-federal entity may seek to procure goods or services from a federal supply schedule, state supply schedule, or group purchasing agreement.
I. GENERAL SERVICES ADMINISTRATION SCHEDULES
States, tribes, and local governments, and any instrumentality thereof (such as local education agencies or institutions of higher education) may procure goods and services from
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a General Services Administration (GSA) schedule. GSA offers multiple efficient and effective procurement programs for state, tribal, and local governments, and instrumentalities thereof, to purchase products and services directly from pre-vetted contractors. The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal Supply Schedules) are long-term government-wide contracts with commercial firms that provide access to millions of commercial products and services at volume discount pricing.
Information about GSA programs for states, tribes, and local governments, and instrumentalities thereof, can be found at Programs for State and Local Governments | GSA
and State and Local Governments | GSA.
For tribes, local governments, and their instrumentalities that purchase off of a GSA schedule, this will satisfy the federal requirements for full and open competition provided that the recipient follows the GSA ordering procedures; however, tribes, local governments, and their instrumentalities will still need to follow the other rules under 2 C.F.R. §§ 200.317 – 200.327, such as solicitation of minority businesses, women’s business enterprises, small businesses, or labor surplus area firms (§ 200.321), domestic preferences (§ 200.322), contract cost and price (§ 200.324), and required contract provisions (§ 200.327 and Appendix II).
II. O THER SUPPLY SCHEDULES AND PROGRAMS
For non-federal entities other than states, such as tribes, local governments, and nonprofits, that want to procure goods or services from a state supply schedule, cooperative purchasing program, or other similar program, in order for such procurements to be permissible under federal requirements, the following must be true:
• The procurement of the original contract or purchasing schedule and its use by the non-federal entity complies with state and local law, regulations, and written procurement procedures.
• The state or other entity that originally procured the original contract or purchasing schedule entered into the contract or schedule with the express purpose of making it available to the non-federal entity and other similar types of entities. • The contract or purchasing schedule specifically allows for such use, and the work to be performed for the non-federal entity falls within the scope of work under the contract as to type, amount, and geography.
• The procurement of the original contract or purchasing schedule complied with all the procurement standards applicable to a non-federal entity other than states under at 2 C.F.R. §§ 200.317 – 200.327.
• With respect to the use of a purchasing schedule, the non-federal entity must follow ordering procedures that adhere to applicable state, tribal, and local laws and regulations and the minimum requirements of full and open competition under 2 C.F.R. Part 200.
If a non-federal entity other than a state seeks to use a state supply schedule, cooperative purchasing program, or other similar type of arrangement, FEMA recommends the recipient discuss the procurement plans with its FEMA Preparedness Officer.
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d. Procurement Documentation
Per 2 C.F.R. § 200.318(i), non-federal entities other than states and territories are required to maintain and retain records sufficient to detail the history of procurement covering at least the rationale for the procurement method, selection of contract type, contractor selection or rejection, and the basis for the contract price. States and territories are encouraged to maintain and retain this information as well and are reminded that in order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g).
Examples of the types of documents that would cover this information include but are not limited to:
• Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals;
• Responses to solicitations, such as quotes, bids, or proposals; • Pre-solicitation independent cost estimates and post-solicitation cost/price analyses on file for review by federal personnel, if applicable;
• Contract documents and amendments, including required contract provisions; and • Other documents required by federal regulations applicable at the time a grant is awarded to a recipient.
Additional information on required procurement records can be found on pages 24-26 of the PDAT Field Manual
.
7. Financial Assistance Programs for Infrastructure
a. Build America, Buy America Act
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. See also OMB Memorandum M-22-
11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.
None of the funds provided under this program may be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does 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.
To see whether a particular FEMA federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please see
43 FY 2023 EOCGP NOFO
Programs and Definitions: Build America, Buy America Act | FEMA.gov and Build America, Buy America Act Frequently Asked Questions (FAQs) | FEMA.gov. Additional information is found in Bu y America Preference in FEMA Financial Assistance Programs for Infrastructure, FEMA Interim Policy #207-22-0001.
b. Waivers
When necessary, recipients (and subrecipients through their pass-through entity) may apply for, and FEMA may grant, a waiver from these requirements.
A waiver of the domestic content procurement preference may be granted by the agency awarding official if FEMA determines that:
• Applying the domestic content procurement preference would be inconsistent with the public interest.
• 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.
• 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%.
For FEMA awards, the process for requesting a waiver from the Buy America preference requirements can be found on FEMA’s website at:
"Buy America" Preference in FEMA
Financial Assistance Programs for Infrastructure | FEMA.gov.
c. Definitions
Construction materials: an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, paint, and drywall.
Domestic content procurement preference: Means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.
Federal financial assistance: Generally defined in 2 C.F.R. § 200.1 and includes all expenditures by a federal agency to a non-federal entity for an infrastructure project, except that it does not include expenditures for assistance authorities relating to major disasters or emergencies under sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act relating to a major disaster or emergency declared under section 401 or 501, respectively, or pre and post disaster or emergency response expenditures.
Infrastructure: infrastructure projects which serve a public function, including at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and
44 FY 2023 EOCGP NOFO
bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy.
Produced in the United States means the following for:
• Iron and steel: All manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. • Manufactured products: The 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% 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.
• Construction Materials: All manufacturing processes for the construction material occurred in the United States.
Project: is any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States.
8. R ecord Retention
a. Record Retention Period
Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award generally must be maintained for at least three years from the date the final FFR is submitted. See 2 C.F.R. § 200.334. Further, if the recipient does not submit a final FFR and the award is administratively closed, FEMA uses the date of administrative closeout as the start of the general record retention period.
The record retention period may be longer than three years or have a different start date in certain cases. These include:
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition of the property. See 2 C.F.R. § 200.334(c).
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. See 2 C.F.R. § 200.334(a).
• The record retention period will be extended if the non-federal entity is notified in writing of the extension by FEMA, the cognizant or oversight agency for audit, or the cognizant agency for indirect costs, or pass-through entity. See 2 C.F.R. § 200.334(b).
• Where FEMA requires recipients to report program income after the period of performance ends, the program income record retention period begins at the end of the recipient’s fiscal year in which program income is earned. See 2 C.F.R. § 200.334(e).
45 FY 2023 EOCGP NOFO
• For indirect cost rate computations and proposals, cost allocation plans, or any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), the start of the record retention period depends on whether the indirect cost rate documents were submitted for negotiation. If the indirect cost rate documents were submitted for negotiation, the record retention period begins from the date those documents were submitted for negotiation. If indirect cost rate documents were not submitted for negotiation, the record retention period begins at the end of the recipient’s fiscal year or other accounting period covered by that indirect cost rate. See 2 C.F.R. § 200.334(f).
b. Types of Records to Retain
FEMA requires that non-federal entities maintain the following documentation for federally funded purchases:
• Specifications;
• Solicitations;
• Competitive quotes or proposals;
• Basis for selection decisions;
• Purchase orders;
• Contracts;
• Invoices; and
• Canceled checks.
Non-federal entities should keep detailed records of all transactions involving the grant.
FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337.
In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Non-federal entities who fail to fully document all purchases may find their expenditures questioned and subsequently disallowed.
9. Actions to Address Noncompliance
Non-federal entities receiving financial assistance funding from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards, including the terms set forth in applicable federal statutes, regulations, NOFOs, and policies.
Throughout the award lifecycle or even after an award has been closed, FEMA or the pass- through entity may discover potential or actual noncompliance on the part of a recipient or subrecipient. This potential or actual noncompliance may be discovered through routine monitoring, audits, closeout, or reporting from various sources.
In the case of any potential or actual noncompliance, FEMA may place special conditions on an award per 2 C.F.R. §§ 200.208 and 200.339, FEMA may place a hold on funds until the matter is corrected, or additional information is provided per 2 C.F.R. § 200.339, or it may do both. Similar remedies for noncompliance with certain federal civil rights laws are authorized pursuant to 44 C.F.R. Parts 7 and 19.
46 FY 2023 EOCGP NOFO
In the event the noncompliance is not able to be corrected by imposing additional conditions or the recipient or subrecipient refuses to correct the matter, FEMA might take other remedies allowed under 2 C.F.R. § 200.339. These remedies include actions to disallow costs, recover funds, wholly or partly suspend or terminate the award, initiate suspension and debarment proceedings, withhold further federal awards, or take other remedies that may be legally available. For further information on termination due to noncompliance, see the section on Termination Provisions in the NOFO.
FEMA may discover and take action on noncompliance even after an award has been closed.
The closeout of an award does not affect FEMA’s right to disallow costs and recover funds as long the action to disallow costs takes place during the record retention period. See 2 C.F.R. §§ 200.334, 200.345(a). Closeout also does not affect the obligation of the non-federal entity to return any funds due as a result of later refunds, corrections, or other transactions. 2 C.F.R. § 200.345(a)(2).
The types of funds FEMA might attempt to recover include, but are not limited to, improper payments, cost share reimbursements, program income, interest earned on advance payments, or equipment disposition amounts.
FEMA may seek to recover disallowed costs through a Notice of Potential Debt Letter, a Remedy Notification, or other letter. The document will describe the potential amount owed, the reason why FEMA is recovering the funds, the recipient’s appeal rights, how the amount can be paid, and the consequences for not appealing or paying the amount by the deadline.
If the recipient neither appeals nor pays the amount by the deadline, the amount owed will become final. Potential consequences if the debt is not paid in full or otherwise resolved by the deadline include the assessment of interest, administrative fees, and penalty charges; administratively offsetting the debt against other payable federal funds; and transferring the debt to the U.S. Department of the Treasury for collection.
FEMA notes the following common areas of noncompliance for FEMA’s grant programs:
• Insufficient documentation and lack of record retention; • Failure to follow the procurement under grants requirements; • Failure to submit closeout documents in a timely manner; • Failure to follow EHP requirements; and
• Failure to comply with the POP deadline.
10. Audits
FEMA grant recipients are subject to audit oversight from multiple entities including the DHS OIG, the GAO, the pass-through entity, or independent auditing firms for single audits, and may cover activities and costs incurred under the award. Auditing agencies such as the DHS OIG, the GAO, and the pass-through entity (if applicable), and FEMA in its oversight capacity, must have access to records pertaining to the FEMA award. Recipients and subrecipients must retain award documents for at least three years from the date the final FFR is submitted, and even longer in many cases subject to the requirements of 2 C.F.R. §
47 FY 2023 EOCGP NOFO
200.334. In the case of administrative closeout, documents must be retained for at least three years from the date of closeout, or longer subject to the requirements of 2 C.F.R. § 200.334.
If documents are retained longer than the required retention period, the DHS OIG, the GAO, and the pass-through entity, as well as FEMA in its oversight capacity, have the right to access these records as well. See 2 C.F.R. §§ 200.334, 200.337.
Additionally, non-federal entities must comply with the single audit requirements at 2 C.F.R.
Part 200, Subpart F. Specifically, non-federal entities, other than for-profit subrecipients, that expend $750,000 or more in federal awards during their fiscal year must have a single or program-specific audit conducted for that year in accordance with Subpart F. 2 C.F.R. § 200.501. A single audit covers all federal funds expended during a fiscal year, not just FEMA funds. The cost of audit services may be allowable per 2 C.F.R. § 200.425, but non-federal entities must select auditors in accordance with 2 C.F.R. § 200.509, including following the proper procurement procedures. For additional information on single audit reporting requirements, see Section F.4.e of this NOFO.
The objectives of single audits are to:
• Determine if financial statements conform to generally accepted accounting principles (GAAP);
• Determine whether the schedule of expenditures of federal awards is presented fairly; • Understand, assess, and test the adequacy of internal controls for compliance with major programs; and
• Determine if the entity complied with applicable laws, regulations, and contracts or grants.
For single audits, the auditee is required to prepare financial statements reflecting its financial position, a schedule of federal award expenditures, and a summary of the status of prior audit findings and questioned costs. The auditee also is required to follow up and take appropriate corrective actions on new and previously issued but not yet addressed audit findings. The auditee must prepare a corrective action plan to address the new audit findings. 2 C.F.R. §§ 200.508, 200.510, 200.511.
Non-federal entities must have an audit conducted, either single or program-specific, of their financial statements and federal expenditures annually or biennially pursuant to 2 C.F.R. § 200.504. Non-federal entities must also follow the information submission requirements of 2 C.F.R. § 200.512, including submitting the audit information to the Federal Audit
Clearinghouse within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The audit information to be submitted include the data collection form described at 2 C.F.R. § 200.512(c) and Appendix X to 2 C.F.R. Part 200 as well as the reporting package described at 2 C.F.R. § 200.512(b).
The non-federal entity must retain one copy of the data collection form and one copy of the reporting package for three years from the date of submission to the Federal Audit Clearinghouse. 2 C.F.R. § 200.512; see also 2 C.F.R. § 200.517 (setting requirements for retention of documents by the auditor and access to audit records in the auditor’s possession).
48 FY 2023 EOCGP NOFO
FEMA, the DHS OIG, the GAO, and the pass-through entity (if applicable), as part of monitoring or as part of an audit, may review a non-federal entity’s compliance with the single audit requirements. In cases of continued inability or unwillingness to have an audit conducted in compliance with 2 C.F.R. Part 200, Subpart F, FEMA and the pass-through entity, if applicable, are required to take appropriate remedial action under 2 C.F.R. § 200.339 for noncompliance, pursuant to 2 C.F.R. § 200.505.
11. P
ayment Information
FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients.
F
EMA utilizes the Payment and Reporting System (PARS) for financial reporting, invoicing, and tracking payments. For additional information, refer to PARS Security (fema.gov).
12. Procedures for Establishing Indirect Cost Rates
The requirements and procedures for establishing indirect cost rates are the same for all the preparedness programs outlined in the FY 2023 Preparedness Grants Manual. The process for establishing the indirect cost rate varies based on the type of entity and the amount of funding they receive:
• I
f the entity is a non-gove rnmental entity, and is a subrecipient, indirect cost rate procedures are outlined in 2 CFR 200.332(a)(4). These types of entities may either use the de minimis rate or negotiate a rate with the pass-through entity. • If the subrecipient is a state or local governmental entity, indirect cost rate procedures are established in 2 CFR 200, Appendix VII.
o Per Paragraph D.1.b. of Appendix VII, state or local governmental entities receiving grant funds must develop an indirect cost rate proposal. o If the state or local entity receives more than $35 million in grant funding, the proposal must be approved by the cognizant agency.
o If a state or local entity receives $35 million or less in grant funding, they have to develop an indirect cost rate proposal, but that indirect cost rate proposal does not need to be approved by the cognizant agency. • If a state or local governmental entity wants to use the de minimis rate (instead of developing an indirect cost rate proposal), they can request a case-by-case exception from FEMA (per 2 CFR 200.102(b)).
13. Whole Community Preparedness
Preparedness is a shared responsibility that calls for the involvement of everyone—not just the government—in preparedness efforts. By working together, everyone can help keep the nation safe from harm and help keep it resilient when struck by hazards, such as natural disasters, acts of terrorism, and pandemics.
W
hole Community includes:
• I ndividuals and families, including those with access and functional needs; • Businesses;
• Faith-based and community organizations;
• Nonprofit groups;
49 FY 2023 EOCGP NOFO
• Schools and academia;
• Media outlets; and
• All levels of government, including state, local, tribal, territorial, and federal partners.
T
he phrase “Whole Community” often appears in preparedness materials, as it is one of the guiding principles. It means two things:
1. Involving people in the development of national preparedness documents ; and
2. Ensuring their roles and responsibilities are reflected in the content of the materials.
1 Appendix A: FY 2023 EOC Grant Program Projects
FY 2023 EOCGP NOFO
Recipient
(State) Subrecipient Project Name
Project
Federal
Amount
25% Project
Cost-Share
Amount
Total
Recipient
Federal
Amount
Total
Recipient
Federal +
Cost-Share
Recipient
M&A
Maximum
Subrecipient
M&A
Maximum
AK Municipality of Anchorage Emergency Operations Center Roof Replacement $500,000 $166,667 $500,000 $625,000 $24,168 $25,000 AZ Coconino County Coconino County Emergency
Management Enhancements $1,184,000 $394,667 $1,184,000 $1,480,000 $57,231 $59,200 CA
City of Burbank Burbank New Emergency
Operations Center $1,235,750 $411,917
$7,918,995 $9,898,745 $382,778
$61,788
City of Commerce
City of Commerce - Public
Safety Building/Sheriff's
Substation (EOC)
$1,482,900 $494,300 $74,145
County of Lake Lakeport Armory Facility
Repurposing Project $988,600 $329,533 $49,430
Phelan Pinon Hills
Community Services District
PPHCSD Civic Center &
Community Emergency
Operations Center
$2,000,000 $666,667 $100,000
City of Montebello
Public Safety Critical
Communications Upgrade
Project
$2,211,745 $737,248 $110,587
CO
Chaffee County Government Chaffee County North End
Public Safety Complex $1,000,000 $333,333
$2,308,000 $2,885,000 $111,561
$50,000
Jefferson County Sheriff's
Office
Jefferson County Emergency
Operations Center Relocation $480,000 $160,000 $24,000 City of Monte Vista Monte Vista Emergency
Disaster Resources $828,000 $276,000 $41,400
CT
CT Dept of Emergency
Services and Public
Protection
Connecticut Department of
Emergency Services & Public
Protection State Interagency
Coordination Center
$656,000 $218,667 $6,059,850 $7,574,813 $292,913 $32,800
2 Appendix A: FY 2023 EOC Grant Program Projects
FY 2023 EOCGP NOFO
Recipient
(State) Subrecipient Project Name
Project
Federal
Amount
25% Project
Cost-Share
Amount
Total
Recipient
Federal
Amount
Total
Recipient
Federal +
Cost-Share
Recipient
M&A
Maximum
Subrecipient
M&A
Maximum
Town of Middlefield
Emergency Operation Center
Grant: Town of Middlefield,
CT
$2,224,350 $741,450 $111,218
Town of Madison Madison CT Emergency
Operations Center $2,471,500 $823,833 $123,575
Town of Old Lyme Old Lyme Emergency
Operations Center $708,000 $236,000 $35,400
FL
Martin County Emergency Operations Center
Resiliency $750,000 $250,000
$6,578,175 $8,222,719 $317,967
$37,500
Hardee County, Florida Funding for Hardee County
Emergency Operation Center $481,391 $160,464 $24,070
Suwannee County Board of
County Commissioners
Suwannee County EOC
Construction $2,346,784 $782,261 $117,339
Wakulla County Board of
Commissioners
Wakulla County Emergency
Operations Center $3,000,000 $1,000,000 $150,000
GA
City of Atlanta Atlanta Emergency Operations
Center $248,000 $82,667
$2,688,167 $3,360,209 $129,937
$12,400
Chatham County Board of
Commissioners
Chatham County Emergency
Operations Center $1,200,000 $400,000 $60,000
City of East Point East Point Emergency
Operations Center $1,079,000 $359,667 $53,950
Miller County Government Emergency Operations Center
Communications Upgrade $161,167 $53,722 $8,058
HI County of Maui Maui Emergency Operations
Center $1,400,000 $466,667 $1,400,000 $1,750,000 $67,671 $70,000 IA Buchanan County
Emergency Management
Buchanan County Emergency
Operations Center $208,000 $69,333 $208,000 $260,000 $10,054 $10,400
3 Appendix A: FY 2023 EOC Grant Program Projects
FY 2023 EOCGP NOFO
Recipient
(State) Subrecipient Project Name
Project
Federal
Amount
25% Project
Cost-Share
Amount
Total
Recipient
Federal
Amount
Total
Recipient
Federal +
Cost-Share
Recipient
M&A
Maximum
Subrecipient
M&A
Maximum
IL City of Rockford City of Rockford Emergency
Operations Center $1,000,000 $333,333 $1,000,000 $1,250,000 $48,337 $50,000 LA
Desoto Parish Louisiana Sheriff's Task Force
Emergency Operations Center $375,000 $125,000
$8,132,000 $10,165,000 $393,074
$18,750
City of New Orleans
Emergency Operations
Center
New Orleans Office of
Emergency Preparedness $4,757,000 $1,585,667 $237,850 Vermilion Parish Vermilion Safe Room $3,000,000 $1,000,000 $150,000 MA Massachusetts Emergency
Management Agency
Massachusetts Emergency
Management Agency EOC
Funding
$2,700,000 $900,000 $2,700,000 $3,375,000 $130,509 $135,000 MD
Allegany County
Allegany County Department
of Emergency Services
Emergency Operations Center
Upgrade
$41,000 $13,667
$6,211,476 $7,764,345 $300,242
$2,050
St. Mary's County
Government
Emergency Communications
Center Expansion $1,537,000 $512,333 $76,850
Anne Arundel County Emergency Operations Center $2,471,500 $823,833 $123,575 Frederick County
Government Emergency Operations Center $869,968 $289,989 $43,498 Garrett County Garrett County Emergency
Communications 9-1-1 $698,848 $232,949 $34,942
Prince George's County,
Maryland
Prince George's County
Emergency Operations Center $593,160 $197,720 $29,658 ME Hancock County Emergency
Management Agency
Hancock County Emergency
Operations Center $1,500,000 $500,000 $1,500,000 $1,875,000 $72,505 $75,000
4 Appendix A: FY 2023 EOC Grant Program Projects
FY 2023 EOCGP NOFO
Recipient
(State) Subrecipient Project Name
Project
Federal
Amount
25% Project
Cost-Share
Amount
Total
Recipient
Federal
Amount
Total
Recipient
Federal +
Cost-Share
Recipient
M&A
Maximum
Subrecipient
M&A
Maximum
MI Charter Township of
Bloomfield
Bloomfield Township
Emergency Operation Center $181,266 $60,422 $181,266 $226,583 $8,762 $9,063 MS
Lafayette County Emergency
Management Agency
Lafayette County Emergency
Operations Center $3,000,000 $1,000,000
$5,900,000 $7,375,000 $285,186
$150,000
Pearl River County
Pearl River County
Multipurpose and Emergency
Operations Center
$2,900,000 $966,667 $145,000
NH
Manchester Fire Department City of Manchester Emergency Operations Center Renovations $338,000 $112,667
$1,396,791 $1,745,989 $67,516
$16,900
Walpole Fire District
Walpole Fire and EMS
Emergency Operations Center
Project
$1,058,791 $352,930 $52,940
NJ
Borough of Carteret
Carteret OEM Building
Renovation and Expansion
Project
$1,000,000 $333,333
$1,370,725 $1,713,407 $66,256
$50,000
South Plainfield Police
Department
South Plainfield Emergency
Operations Center
Modernization
$370,725 $123,575 $18,536
NM
New Mexico Department of
Homeland Security and
Emergency Management
State of New Mexico
Emergency Operations Center $617,000 $205,667 $617,000 $771,250 $29,824 $30,850 NY
Village of Kiryas Joel Kiryas Joel Emergency
Operations Center Project $825,000 $275,000
$4,001,813 $5,002,267 $193,434
$41,250
Livingston County
Livingston County Emergency
Operations Center Resilient
Microgrid
$250,000 $83,333 $12,500
New York City Office of
Emergency Management
New York Emergency
Management Queens Borough
Coordination Center
$926,813 $308,938 $46,341
5 Appendix A: FY 2023 EOC Grant Program Projects
FY 2023 EOCGP NOFO
Recipient
(State) Subrecipient Project Name
Project
Federal
Amount
25% Project
Cost-Share
Amount
Total
Recipient
Federal
Amount
Total
Recipient
Federal +
Cost-Share
Recipient
M&A
Maximum
Subrecipient
M&A
Maximum
County of Orleans
Orleans County Emergency
Management and Operations
Center
$2,000,000 $666,667 $100,000
OR
City of Dallas City of Dallas Emergency
Operations Center $83,000 $27,667
$780,000 $975,000 $37,703
$4,150
Grant County Sheriff's Office
Emergency Management
Grant County Emergency
Operations Center
Modernization
$299,000 $99,667 $14,950
Harney County Harney County Generator for
Continuity of Operations $221,000 $73,667 $11,050
Morrow County Morrow County Primary EOC
Generator $177,000 $59,000 $8,850
PA
Borough of Archbald Archbald Borough Municipal
Complex Project $2,965,800 $988,600
$3,311,810 $4,139,763 $160,082
$148,290
Palmer Municipal Fire
Department
Palmer Fire Department
Emergency Operations Center $346,010 $115,337 $17,301 RI
Town of Glocester Glocester Emergency
Operations Center $1,000,000 $333,333
$1,525,000 $1,906,250 $73,713
$50,000
RI Emergency Management
Agency
Rhode Island Emergency
Operations Improvements $525,000 $175,000 $26,250
SC
Calhoun County Calhoun County Emergency
Operations Center $1,668,263 $556,088
$9,168,263 $11,460,329 $443,163
$83,413
SC Emergency Management
Division
South Carolina Emergency
Management Division $7,500,000 $2,500,000 $375,000
TX
Duval County Duval County Emergency
Operations Center $2,965,800 $988,600
$3,225,308 $4,031,635 $155,901
$148,290
City of Stafford Stafford Emergency
Operations Center Update $259,508 $86,503 $12,975
6 Appendix A: FY 2023 EOC Grant Program Projects
FY 2023 EOCGP NOFO
Recipient
(State) Subrecipient Project Name
Project
Federal
Amount
25% Project
Cost-Share
Amount
Total
Recipient
Federal
Amount
Total
Recipient
Federal +
Cost-Share
Recipient
M&A
Maximum
Subrecipient
M&A
Maximum
UT West Valley City
West Valley City Mobile
Emergency Operations Center
Project
$800,000 $266,667 $800,000 $1,000,000 $38,669 $40,000 VA
Arlington County Countywide Incident
Command Center (CICC) $1,000,000 $333,333
$2,482,900 $3,103,625 $120,015
$50,000
City of Virginia Beach Emergency Operations Center
IT Modernization $1,482,900 $494,300 $74,145
VT Town of Rutland Rutland Town Public Safety
Center $158,176 $52,725 $158,176 $197,720 $7,646 $7,909 WA
City of Bothell
Emergency Coordination
Center - North, Backup Power
Generator
$741,450 $247,150
$5,643,570 $7,054,463 $272,791
$37,073
Walla Walla County Emergency Operations Center
Relocation $750,000 $250,000 $37,500
Kittitas County
Regional Emergency
Management Operations and
Search and Rescue Facility
$1,186,320 $395,440 $59,316
Clallam County
The Clallam County and City
of Port Angeles Joint
Emergency Services and Public
Safety Facility
$2,965,800 $988,600 $148,290
WV Morgan County Office of
Emergency Services
Morgan County Alternative
Communications Operations $189,000 $63,000 $189,000 $236,250 $9,136 $9,450 TOTALS: $89,140,285 $89,140,285 $4,308,744
ITEM # 18
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Arnold Glasman, City Attorney
SUBJECT: CALL FOR MEETING FOR NOVEMBER 22, 2023
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Conduct a Regular City Council Meeting on November 22, 2023, to begin at 6:00 p.m. for closed session and immediately commence the open meeting at the conclusion of closed session and not wait until 7:00 p.m., or to commence the open meeting at 6:00 p.m. if there are no closed session items; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
N/A
BACKGROUND/DISCUSSION:
On February 22, 2023, the City Council adopted Resolution No. 23-17, which reads in part as follows:
Section 3. Canceled Meetings.
The City Council/Agency regular meetings may, by resolution, be cancelled during the regularly scheduled second meetings of November and December, or any other meetings the council deems appropriate.
This provision does not automatically cancel the second meetings in November or December. Action of the City Council, by Resolution must be taken to cancel the November 22, 2023, Regular City Council Meeting.
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
By adopting the recommendation in this report, the City Council would be holding a Regular City Council Meeting on November 22, 2023, to begin at 6:00 p.m. for closed session and immediately commence the open meeting at the conclusion of closed session and not wait until 7:00 p.m., or to commence the open meeting at 6:00 p.m. if there are no closed session items.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
City staff recommends that the City Council conduct a Regular City Council meeting on November 22, 2023 as set forth in this report.
ATTACHMENT(S)
None
NEXT STEPS:
N/A
ITEM # 19
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL (RFP No. 24-9) FOR A SOURCE CAPTURE EXHAUST SYSTEM
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Authorize issuance of a Request for Proposals (RFP No. 24-9) for a source capture exhaust system; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Issuance of this Request for Proposals (RFP No. 24-9) has no fiscal impact. The FEMA Fiscal Year 2021 Assistance to Firefighters Grant (AFG) Program was awarded to the Montebello Fire Department in the amount of $183,848. The grant funds are intended for the installation of diesel exhaust capturing equipment at all three fire stations. City Council approved receipt of the grant on September 28, 2022, however, this grant required a substantial environmental review and approval by FEMA prior to any use of funds. Thereby the delay in the request for authorization. The project will be funded from grant funding expenditure account number 265-85-857-60.0.10 (Grants, Fire, Assistance to Firefighters Grant, Machinery and Equipment). Funding has already been appropriated in the Fiscal Year 2023-24 budget, therefore no budget amendment is needed.
BACKGROUND/DISCUSSION:
The City of Montebello is requesting approval to issue a RFP to solicit proposals from highly qualified companies to provide for the replacement of the source capture
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
system(s). The awarded funds were approved for the installation of diesel exhaust capturing equipment at all three fire stations. The project will include the removal and replacement of twenty-year-old, outdated diesel exhaust capturing equipment from the three fire stations as well as the installation of new diesel exhaust capturing equipment.
The existing equipment that was installed in 2001 is now at the end of its service life. The health and wellness of fire personnel is of the utmost importance to the Department, leveraging these grant funds will improve ventilation and air quality at the City’s fire stations. The project was submitted to the Grant Programs Directorate (GPD) for Environmental and Historic (EHP) review. The EHP is now completed, and the city may proceed with the project to replace the existing extraction equipment at Station 55, Station 56 and Station 57 (attachment A).
Additionally, the Fire Department has developed a draft Request For Proposal (RFP No. 24-9), setting clear expectations and a detailed scope of work, to ensure the needs of the City are met. If approved, the notice inviting proposals will be published using Planetbids in December 2023. The due date for all proposals is tentatively scheduled for January 2024 with the selection of a vendor following shortly after. Staff will return to the City Council seeking approval of an award of a contract.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(a)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not “a "project” as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
N/A
SUMMARY:
Staff is recommending that the City Council approve issuing RFP No.24-9 and direct staff to take such additional, and related, action that may be desirable.
ATTACHMENT(S)
1. ATTACHMENT A - EHP Review Completion Letter 2021-AFG
2. ATTACHMENT B - RFP 24-9 (Draft)
NEXT STEPS:
N/A
U.S. Department of Homeland Security
FEMA /GPD
400 C Street, Washington D.C. 20472
September 28, 2023
To: Elena Porterfield, Preparedness Officer, GPD
From: Beth McWaters-Bjorkman, EHP Section Chief, GPD
Subject: EHP Review Completion for Montebello, CA
Documentation for the following project was submitted to the Grant Programs Directorate (GPD) for Environmental and Historic Preservation (EHP) review.
Project Description: For Station 55, Replace existing exhaust extraction equipment in 1964 portion of station and 1991 addition; installation of new exhaust extraction system in the 2021 addition. For Sta 56 and 57, replace existing exhaust extraction systems.
Grant Recipient: Montebello, CA
Project Location: (1) Sta 55, 600 North Montebello Blvd, Montebello, CA, (2) Sta 56, 1166 South Greenwood Ave, Montebello, CA, (3) Sta 57, 2950 West Via Acosta, Montebello, CA Grant Number(s): 2021-FG-06070
Case Number: 2021-FG-06070.47329
Grant Program: Assistance to Fire Fighters Grant Program The materials submitted were reviewed according to the National Environmental Policy Act (NEPA) of 1969, the National Historic Preservation Act (NHPA) and other EHP laws, regulations, and Executive Orders.
After review of the documentation provided, the environmental review is now completed in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01. Please inform the recipient that because of this determination their project has been approved for EHP compliance, subject to the conditions outlined below. In addition, where subrecipients are involved, I request you remind the recipient of their responsibility to ensure subrecipients comply with these conditions.
Special Conditions: None
Standard Conditions:
• Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
• This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding.
• If ground disturbing activities occur during construction, applicant will monitor ground
ATTACHMENT A
EHP Completion Letter
EHP Case Number: 2021-FG-06070.47329
disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.
This is official documentation and must be retained as part of the project record. A copy of this letter will be added to the grant file that includes this project.
If you have further questions please contact [email protected]
EHP Completion Letter
EHP Case Number: 2021-FG-06070.47329
ATTACHMENT B
CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 9
Source Capture Exhaust System
Release Date: Friday, November 11, 2023
Due Date: Thursday, December 14, 2023, at 11 a.m. PST
2 TO PROSPECTIVE PROPOSERS
The City of Montebello invites proposal submissions under this Request for Proposals (RFP). The City will evaluate responses to this solicitation to determine qualifications.
Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.
THE DATE OF SOLICITATION
November 11, 2023
THE PROJECT
Source Capture Exhaust System Project
OWNER/PROPOSAL CONTACT
City of Montebello – Fire Department
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Angelica Palmeros, Deputy Director
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
Any questions related to this RFP should be submitted via the City’s PlanetBids Portal by Wednesday, November 29, 2023, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response.
To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
3 Table of Contents Page
1.0 Notice Inviting Proposals 5
2.0 Introduction/About the City of Montebello 6
3.0 Timeline 6
4.0 Purpose 6
5.0 Scope of Work 7
6.0 Proposal Submittal 8
7.0 Evaluation of Proposal 8
8.0 Proposal Protests 8
9.0 Execution of Agreement 10
10.0 Insurance 12
11.0 Use of Federal Funds 12
12.0 Non-Commitment of City 13
13.0 Labor Requirements 14
14.0 Records 14
15.0 Subcontractors 14
16.0 Modifications/Changes 14
17.0 Disclosure of Information 14
18.0 City of Montebello Rights 14
4 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified companies to provide a proposal for installation of a diesel exhaust capturing system at all three fire stations including labor and materials. Services performed in relation to this request must follow the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 24-9.
Prospective respondents are advised to carefully read information related to this solicitation before submitting a response.
To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective bidders must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, June 14, 2023, at 11:00 a.m. PST. ***QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS****
Proposals must be submitted via PlanetBids by Thursday, November 29, 2023, at 11:00 a.m. PST.
Responses to this request for proposals will be evaluated to determine the Consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.
5 2.0 Introduction
The City of Montebello invites prospective vendors to submit a proposal to provide the necessary items and services to replace the existing diesel exhaust capturing system.
Currently, the project will include the removal and replacement of more than twenty- year-old, outdated diesel exhaust capturing equipment from the three fire stations as well as the initial installation of diesel exhaust capturing equipment. The existing equipment that was installed in 2001 is now at the end of its service life. The project was submitted to the Grant Programs Directorate (GPD) for Environmental and Historic (EHP) review. The EHP is now completed, and the city may proceed with the project to replace the existing extraction equipment at Station 55, Station 56 and Station 57.
About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full-service city that provides a long list of services, employing approximately 480 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
•Release RFP Friday, November 11, 2023
•Online Q&A Deadline Wednesday, TBD , 2023,11 a.m. PST •Site Vist TBD
•Deadline to Submit Responses Thursday, TBD, at 11 a.m. PST •City Review of Submissions Late December/Early January 2024 •Notifications Sent to Vendors Late January 2024
•Award Late January/Early February 2024
4.0 Purpose
The purpose of this solicitation is to identify a qualified vendor to furnish and install plymovent exhaust system outlined in the cities scope of service. It is the City’s intent to make an award to one (1) vendor for all aspects of the project. The bidder must thoroughly examine the sites prior to proposal submission and become thoroughly familiar with the work that needs to be completed for each fire station. The Assistance to Firefighters Grants program provided funding for this project. The purpose is to protect the health and safety of the public and first responders. The system should capture 100% of the exhaust emissions.
6 5.0 Scope of Work/Services
City of Montebello is requesting proposals from qualified vendors capable of replacing the existing system relating to installation, materials, supplies and equipment to be furnished in accordance with these specifications. The following is the general requirements for each station.
Station 55 Main Building, 600 North Montebello Blvd.
Labor and materials to remove an antiquated single drop system and replace it with a dual drop magnetic grab source capture exhaust system specifically designed to connect to any motor vehicle tailpipe while capturing virtually 100% of the exhaust emissions. The system will include a total of three complete magnetic hose drops, one exhaust 7.5 hp fan, wireless components, and installation.
Station 55 Rear Building (Butler), 600 North Montebello Blvd.
Labor and materials to install one single drop and 1 dual drop magnetic grab source capture exhaust system specifically designed to connect to any motor vehicle tailpipe while capturing virtually 100% of the exhaust emissions. The system will include a total of three complete magnetic hose drops, one exhaust fan, wireless components, and installation.
Station 56, 1166 Greenwood Ave.
Labor and materials to replace three Legacy single drop with a new three drop upgraded magnetic grab source capture exhaust system specifically designed to connect to any motor vehicle tailpipe while capturing virtually 100% of the exhaust emissions. The system will include a total of three complete magnetic hose drops, one exhaust fan, wireless components, and installation.
Station 57, 2950 Via Acosta
Labor and materials to replace two Legacy single drop with a new two drop upgraded magnetic grab source capture exhaust system specifically designed to connect to any motor vehicle tailpipe while capturing virtually 100% of the exhaust emissions. The system will include a total of two complete magnetic hose drops, one exhaust fan, wireless components, and installation.
7 6.0 Proposal submittal
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time-stamped after the deadline will not be accepted. Consultants planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid any technical difficulties/errors. Proposal responses must include a cost summary, which shall state a "NOT TO EXCEED", “TURNKEY” price and sufficiently detail all costs for the installation and safe operation of the equipment. The detailed cost brake-down shall be utilized to amend the contract's "Not To Exceed" price for additions or deletions.
7.0 Evaluation Criteria
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:
A.Cost Summary - The evaluation committee will review the cost summary for installation of all equipment.
B.Proposal Evaluation - In the second part of this process, the evaluation committee will review, and rate proposals based on the following:
i. Qualifications as they relate to this project.
a. Thoroughness and understanding of the tasks to be completed. b. Background and experience with similar projects include references. c. Warranty information for parts and labor for the warranty period not less than (1) year,
8.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.
When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can
8 be sent to:
Mail:
Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.
C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.
D. All potential proposers will be advised of a pending protest.
E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
•The items to be procured are urgently required;
•Delivery or performance will be unduly delayed by failure to make the award promptly; or
•Failure to make a prompt award will otherwise cause undue harm to the City.
The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respond and include a response to each substantive issue raised in the protest.
After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.
9 Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.
9.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful Consultant and returned within the required insurance within ten (10) business days after the City has provided written notice that the Consultant has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.
Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.
10.0 Insurance
The Consultant selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
A.Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
B.Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non-owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.
If an automobile is not necessary to perform services, the Firm must submit a
10 written request for a waiver of this requirement.
C.Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
D.Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:
Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).
Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or self- insurance, primary or excess, maintained by or available to the City or its
11 officials, employees, and agents.
Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.
In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.
Consultants may request a waiver or modification of these insurance requirements.
Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-by- case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
11.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed-through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.
The following standards apply to all purchases of items and services using Federal funds:
•Transactions shall be conducted lawfully and ethically •Unnecessary/duplicative purchases are not permitted
•Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
•All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
•Procurement transactions must be conducted in a manner providing full and open competition
12 •Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible •Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
•Purchases of goods and services must include documentation detailing the procurement history
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.
12.0 Non-Commitment of City
While the City intends to select a Consultant through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.
13.0 Labor Requirements
A.Background: All personnel engaged in the performance of this work shall be employees of the Consultant and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.
B.Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.
C.Non-Discrimination: The Consultant shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.
D.Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
13 14.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Consultant to audit any performance aspect under this agreement.
15.0 Subcontractors
The Consultant shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.
16.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon the mutual understanding between the City and the Consultant. These changes will be processed through the City Manager.
17.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Consultant shall be used exclusively in connection with the performance of services.
B. The Consultant shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.
18.0 City of Montebello Rights
At its discretion, the City reserves the right to:
A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non-responsive, obscure, irregular, or lacking
14 necessary detail and specificity.
ii. The Consultant, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.
B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.
ITEM # 20
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE A REVENUE SHARING AGREEMENT No. 4161 BETWEEN
THE CITY OF MONTEBELLO AND THE LOS ANGELES COMMUNITY
COLLEGE DISTRICT FOR THE MONTEBELLO FIRE DEPARTMENT
EDUCATIONAL AND TRAINING PROGRAMS
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Authorize the Acting City Manager to execute a Revenue Sharing Agreement No. 4161 between the City of Montebello and the Los Angeles Community College District (LACCD) for the Montebello Fire Department Educational and Training Programs; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City will be entering into an agreement with the Los Angeles Community College District (LACCD) for the Montebello Fire Department Educational and Training Programs to provide mandated and ongoing educational and training programs to fire personnel to ensure appropriate certifications are maintained. Both Agreements (Attachment A and B) have been reviewed by the City Attorney’s Office and approved.
The agreement states "the District will pay the City based on Student instructional hours (weekly student contact hours-WSCH or full-time equivalent students-FTES) in accordance with State guidelines. In consideration for the services provided hereunder, the District shall pay the City $4.25 per student instructional hour that is eligible for State general apportionment." The agreement further states payments by the District to the City "will be made on February 15 of each year based on the number of courses taught during the proceeding six-month period," with a final payment "made approximately 45
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
days after receipt of funds from the State."
At this point, it is estimated that the annual amount of revenue to be received under the terms of this agreement could be $40,000 (based on approximately 10,000 billable hours in a twelve month period x $4.25/instructional hour). All funds received under this agreement will be recorded in the General Fund, and will be tracked to ensure the City is receiving the agreed upon amount of revenue per the terms of the agreement (Attachment A). Staff will monitor this source of revenue and include updated estimates with future quarterly budget reports. In addition, this source of revenue will be programmed with future budget (i.e., Fiscal Year 2024-25 and beyond).
BACKGROUND/DISCUSSION:
The Fire Department established a mandated training program in 2000 that ensures compliance, record keeping, and tracking that is available for auditing. As the training expectations and standards were established and updated, the Department implemented new technology, an online web-based program to establish a training program structure that would allow for record-keeping accuracy. In 2009, the Department established the program known as Vector Solutions for accountability, tracking, and record keeping. The use of this training platform ensured training courses, activities, and files were kept organized and readily available in the event of any state or local audit. This system also supported the tracking and management of fire personnel training and certification records, in order to have information available in the event of audits by the Insurance Services Office (ISO), Federal Emergency Management Agency (FEMA), and the California State Fire Marshal.
Since 2009, the Fire Department had an agreement with Santa Ana College for its mandated training and revenue-sharing. The Fire Department recently evaluated its training programs and software platforms' efficiency and efficacy. After conducting this assessment, the Department identified Advance Problem Solving (APS), which is a robust integrated system for tracking training, tools, equipment, apparatus, grants, and other necessary areas. As part of these assessment changes it was identified that the Fire Department was in the East Los Angeles Community College (ELACC) catchment area for training. The Department's training program has been led by a Battalion Chief or Captain who is certified.
The City of Montebello Fire Department is continuing its successful partnership with local community colleges to enhance its training programs. The Department is required to focus on the following Training Areas:
Fire All fire-related training hours, and all safety meeting hours Medical All paramedic and Emergency Medical Training (EMT continuing education hours
Rescue All rescue-related training hours, auto extrication, Urban Search and Rescue (U&R) etc.
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
Other All hours for Equipment Checks and Physical Fitness
The agreement with Los Angeles Community College District (LACCD) for the Montebello Fire Department Educational and Training Programs (Attachment A) will ensure that the Department can meet mandated training hours requirements based on the National Fire Protection Association (NFPA). The mandated training hours include 450 hours of fire training, including 250 hours of accredited Commission on Accreditation for Pre-Hospital Continuing Education (CAPCE) Accredited training, and 60 hours of Occupational Safety and Health Administration (OSHA) safety training. The Agreement begins September 1, 2023, and the “List of Approved Courses” (Attachment A, Exhibit B) outlines the specific course(s) currently offered under this Agreement by ELACC.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
N/A
SUMMARY:
That the City Council authorize the Acting City Manager to execute both Agreements (Attachment A and B) between the Los Angeles Community College District (LACCD) and the Montebello Fire Department to allow East Los Angeles Community College to provide Educational and Training Programs for Department. The City will receive reimbursements twice annually based upon the number of training hours and number of participants enrolled.
ATTACHMENT(S)
1. Attachment A - Revenue Sharing Agreement_LACCD and Montebello Fire Dept
2. Attachment B - Agreement No. 4161 with ELAC
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ATTACHMENT A
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ATTACHMENT B
AGREEMENT NO. 4161
BY AND BETWEEN THE
CITY OF MONTEBELLO
AND
EAST LOS ANGELES COLLEGE
This Agreement is made and entered into on September 1, 2023 by and between the City of Montebello (hereafter referred to as City) and East Los Angeles College (hereafter referred to as the College), to provide a Los Angeles Community College District (hereafter referred to as District) approved educational course by East Los Angeles College through the Montebello Fire Department Training Program.
Witnesseth:
WHEREAS, The Montebello Fire Department conducts training programs designed for entry level and advanced fire personnel; and
WHEREAS, the continuing educational training courses are approved for college credits through the District;
WHEREAS, the College is an accredited, educational institution empowered to grant college credits for approved educational training courses;
NOW THEREFORE, the parties hereto, for the mutual covenants set forth below, agree as follows:
A. RESPONSIBILITIES OF THE COLLEGE
1. The College is responsible for the educational program conducted under the terms of this Agreement. This course of instruction to be taught under this Agreement is listed in Addendum A. The City and the College may agree to provide additional courses pursuant to terms of this Agreement as the need arises.
2. The College shall offer, at the location specified by the City and consistent with the terms of Section B of this Agreement, mutually agreed upon and approved educational courses to meet the needs of the Montebello Fire Department Training Program. These locations shall be open to the public while the courses being offered by the College are in session.
3. College degree and certificate programs have been approved by the State Chancellor’s Office and the courses that make up the program are part of the approved curriculum of the College. The courses of College credit shall have been approved by the College Curriculum Committee and have been approved by the District’s Board of Trustees.
AGREEMENT NO. 4161
4. The College shall assist the City in student registration procedures, associated paperwork, and other support services to adequately manage and control its course curriculum. All students shall be processed and registered in accordance with District procedures as outlined in the College catalog to conform with State/ District guidelines. The City shall be required to pay student registration fees at the rate established by the State for each enrolled student. Class hours, supervision, evaluation of course content and curriculum, and withdrawal of students shall be consistent with District approved policies regarding all courses.
5. The District shall employ all instructors consistent with requirements of the California Code of Regulations on a non-compensated basis. The District retains the primary right to select, assign, and direct the instructional activities of any instructor employed by the District under the terms of this Agreement.
6. Instruction to be claimed for State apportionment will be under the immediate supervision and control of an employee of the District who has met the minimum qualifications for instruction in the subjects to be taught under the terms of this Agreement in accordance with Title 5 of the California Code of Regulation. The minimum qualifications shall be those designated by the State/District. Minimum qualifications are within the purview of the Academic Senate and may be subject to change. The current minimum qualifications are listed in Addendum B.
7. Where the instructor is not a paid employee of the District, the District shall have a written agreement with each instructor conducting instruction for which State apportionment is to be collected. The agreement between the District and each instructor shall state that the District has the primary right to control and direct the instructional activities of the instructor.
8. The College shall approve the selection of course instructors, professional experts, and facilitators and evaluate the quality of instruction to ensure the needs of the students are met and the accreditation requirements of the College are satisfied.
9. The College reserves the right to inspect any records maintained by the City concerning the implementation of the terms of this Agreement.
10. If any course under the terms of this Agreement is held outside District boundaries, the College shall comply with the requirements of Section 55230-55232 of Title 5 of the California Code of Regulations regarding approval by adjoining high schools or community college districts and use of non-District facilities.
B. RESPONSIBILITIES OF THE CITY
1. In exchange for the services and payment provided by the College to the City under the terms of this Agreement, the City shall provide to the College services and equipment which includes, but is not limited to, instructors, professional experts, facilitators, support staff, educational and specialized equipment, materials, day to day management support, and all other related services and overhead necessary to implement to terms of this Agreement.
AGREEMENT NO. 4161
2. The City will maintain records of attendance and achievement. With reasonable notice, records will be open at all times to officials of the College and submitted on a developed schedule.
3. The City shall provide a line-of-sight instructor of record who shall be a non- compensated employee of the District and who shall meet all the District/State minimum qualifications for faculty teaching in the Montebello Fire Department Training Program.
4. All instructional materials provided by the City to students will be at no additional cost to students enrolled in the course in connection with this Agreement. To the extent that charges will be made for student instructional materials, the charges must be in compliance with Education Code section 76365, 5 California Code of Regulations sections 59400 et seq., LACCD Board Rule 6415 and LACCD Administrative Regulation E-80.
C. JOINT RESPONSIBILITIES OF THE CITY AND THE COLLEGE
1. The City and the College shall each work in good faith to implement this Agreement, and shall use its best efforts to resolve any disputes informally.
2. The City shall coordinate with the College to ensure that all personal, equipment and materials used in carrying out its responsibilities under this Agreement conform to State of California mandated standards governing instructional programs.
3. The City will offer the college the opportunity to support all Montebello Fire Department Training programs within the College’s geographical boundaries including “In-Service Training” or continuing education, which the County deems suitable for College affiliation and College certificates. The College agrees that the City may affiliate with other community colleges for courses for which the College declines affiliation.
4. College courses conducted under the terms of this Agreement must be identified as being open to the general public. The college shall allow any person who has been admitted to the College and who has met the applicable prerequisites to enroll in courses taught under the terms of this Agreement in accordance with State law. The District policy on open enrollment is published in the College catalogue and schedule of classes, along with a description of the courses offered under the terms of this Agreement and information about whether the courses are offered for credit and are transferable.
A student requesting registration in Montebello Fire Department’s Training Program courses would first need to complete the prerequisites of Montebello Fire Department Training Program courses. In order for the District to claim apportionment for a student in a particular course and in order for the student’s attendance to qualify for payment under the terms of this Agreement, the student must be enrolled in the course through the College.
AGREEMENT NO. 4161
5. The College and the City will ensure that ancillary and support services, such as counseling and job placement, are provided for the students enrolled in courses under the Agreement.
D. PAYMENT FOR SERVICES
The College will pay the City based on Student instructional hours (weekly student contact hours-WSCH or full-time equivalent students-FTES) in accordance with State guidelines. In consideration for the services provided hereunder, the College shall pay the City $4.25 per student instructional hour that is eligible for State general apportionment. If the State- established registration fee is other than $46.00 per unit, payments will reflect a pro rata adjustment per student instructional hour for student registration fees based on the change to the rate established by the State. If no compensation is paid by the State to the District, the College will not be obligated to pay the City. If the District is paid apportionment on a pro rata basis by the State, this apportionment shall be applied directly to the City.
E. PAYMENT
All payments by the Collee under this Agreement shall be subject to verification by the City of Montebello and other appropriate State of California agencies. Classes offered under this Agreement which do not meet State requirements or District policy shall not be considered when computing the payment under this Agreement.
The College shall pay the City upon submission of a valid invoice as follows:
1. An initial payment will be made on February 15 th of each year based on the number of courses taught during the proceeding six-month period.
2. Final payment shall be made approximately 45 days after the receipt of funds from the State. Source data and associated developmental documentation that support the number of students taught will be presented to the City.
F. CERTIFICATIONS
1. The College certifies that it does not receive full compensation for the direct educational costs of this course from any public or private agency, individual or group.
2. The City certifies that the instructional activity to be conducted under the terms of this Agreement will not be fully funded by other sources in accordance with Education Code section 84752.
AGREEMENT NO. 4161
G. INDEMNIFICATION
1. The City agrees to defend, indemnify and hold harmless the College, District, its Board of Trustees, officers, employees, representatives and agents from every action, claim or demand which may be made in connection with the subject matter of this Agreement and/or by reason of the actions or omissions of the City, its officers, employees, representatives and agents.
2. The College and the District agrees to defend, indemnify and hold harmless the City, its officers, employees, representatives and agents from every action, claim or demand which may be made in connection with the subject matter of this Agreement and/or by reason of the actions or omissions of the College, District, its Board of Trustees, officers, employees, representatives and agents.
H. INSURANCE
1. The City agrees to maintain a program of general liability insurance or self-insurance coverage throughout the terms of this Agreement. The certificate shall state a limit of liability not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. The City shall provide the District with a certificate of insurance as evidence of coverage prior to the execution of this Agreement. The City shall provide thirty (30) days written notice to the District of any material change in coverage. Further, the City shall maintain a program of worker’s compensation insurance throughout the terms of this Agreement.
2. The District agrees to maintain a program of general liability insurance or self-insurance coverage throughout the term of this Agreement. The certificate shall state a limit of liability no less than $1,000,000 per occurrence for bodily injury and property damage liability combined. The District shall provide the City with a certificate of insurance as evidence of coverage prior to the execution of this Agreement. The District shall provide thirty (30) days written notice to the City of any material change in coverage. Further, the District shall maintain a program of workers’ compensation insurance throughout the terms of this Agreement.
I. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
J. EXTENSION, MODIFICATIONS AND TERMINATION
This Agreement is for a period of four years and ten months, terminating on June 30, 2028. This Agreement could be subject to yearly amendments only if there is a change, modification, or exclusion of any of the terms that both parties request and agree to. The District’s Board of Trustees would need to approve any amendment within this contract period.
AGREEMENT NO. 4161
Notwithstanding the foregoing, this Agreement may be terminated at any time with or without cause, upon written notice given to the other part at least sixty (60) days prior to the date specified for such termination. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other party accruing prior to the date of such termination.
Each party shall be released from all obligations or performance that would otherwise accrue subsequent to the date of such termination. Neither party shall incur any liability to the other by reason of such termination.
K. AUTHORITY OF THE CHIEF
The Fire Chief, or its designee, shall have full authority to administer this Agreement on behalf of the City. This includes, but is not limited to the right to terminate, amend, extend, modify or alter specific terms of the Agreement in accordance with the terms set forth in this Agreement. The Fire Chief and/or his designee shall have full access and authority to audit all pertinent records concerning this Agreement.
L. NOTICES
Any and all notices required to be given hereunder shall be deemed given when personally delivered or deposited in the U.S. Mail, postage prepaid to the following address:
CITY OF MONTEBELLO Arlene Salazar, City Manager
1600 W. Beverly Blvd
Montebello, CA 90640
MONTEBELLO FIRE Fernando Pelaez, Fire Chief DEPARTMENT Montebello Fire Department
600 N. Montebello Blvd
Montebello, CA 90640
EAST LOS Albert Roman, President
ANGELES COLLEGE East Los Angeles College 1301 Avenida Cesar Chavez
Monterey Park, CA 91754-6099
AGREEMENT NO. 4161
M. WAIVER
No waiver of any breach of this Agreement by either party shall constitute a waiver of any other breach of this Agreement including a subsequent breach of the same provision.
N. GOVERNING LAW
This Agreement shall be interpreted according to the laws of the State of California.
O. AGREEMENT
This document constitutes the entire Agreement between the parties. This agreement may not be altered or modified except by the express written consent of the City, the College and the District. Each party acknowledges there are no other provisions or presentations that have not been incorporated into this Agreement. The City acknowledges that changes to any provision of this Agreement can only be made by action of the Board of Trustees.
IN WITNESS WHEREOF, the City and the District for the College enter into this Agreement as of the day, month, and year first written above.
CITY OF MONTEBELLO
_________________________________ ________________________ BY: ARLENE SALAZAR, DATE Acting City Manager
MONTEBELLO FIRE DEPARTMENT:
________________________________ ________________________ BY: FERNANDO PELAEZ, Fire Chief DATE
AGREEMENT NO. 4161
EAST LOS ANGELES COLLEGE:
_________________________________ ________________________ BY: MICHAEL PASQUAL, Vice-President DATE Administrative Services
ATTEST:
____________________________________ _________________________ BY: CHRISTOPHER JIMENEZ, City Clerk DATE APPROVED AS TO FORM:
_________________________________________ ________________________ BY: ARNOLD M. ALVAREZ-GLASMAN, DATE City Attorney
ADDENDUM A
The following course(s) are currently offered under this Agreement. This list of course(s) is subject to change for each semester of instruction, with courses added to, and/’or deleted from this list. All such changes shall be made upon mutual consent of City of Montebello and East Los Angeles College along with the Los Angeles Community College District.
**See attached for list of courses**
ADDENDUM B
Title 5. Education Code of California
53410. Minimum Qualifications for Instructors of Credit Courses, Counselors, and Librarians.
The minimum qualifications for service as a community college faculty member teaching any credit course, or as a counselor or librarian, shall be satisfied by meeting any one of the following requirements:
(a) For faculty assigned to teach courses in disciplines where the master’s degree is not generally expected or available, which are, generally, disciplines in specialized technical, trade, or industrial fields, either of the following:
(1) Possession of a bachelor’s degree, or equivalent foreign degree, plus two years of professional experience directly related to the faculty member’s assignment; or
(2) Possession of an associate degree, or equivalent foreign degree, plus six years of professional experience directly related to the faculty member’s assignment.
NOTE: Minimum qualifications are also met by those individuals possessing a lifetime teaching credential in their field of training; i.e.: police training
ITEM # 21
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Arnold Glasman, City Attorney
SUBJECT: APPROVE REIMBURSEMENT AGREEMENT BETWEEN THE CITY
AND QUIET CANNON MANAGEMENT (QCM) TO INCLUDE PAYMENT
OF PRIOR INVOICES AND AMEND THE FISCAL YEAR 2023-24
BUDGET
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve the Reimbursement Agreement between the City of Montebello and Quiet Cannon Management, Inc. (QCM) related to the payment of invoices for “Campus Host Services” at Quiet Cannon for the period of July 2019 through September 2023; and
2. Approve the payment of invoices for landscape services of the surrounding areas at the Quiet Cannon for the period of January 2022 through September 2023; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $338,318 in Account No. 610-66-6040.10 (Golf Course, Quiet Cannon Perimeter, Other Contract Services); and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Certain revenue and expense activity related to the Quiet Cannon is recorded in Fund 610 (Golf Course). For Fiscal Year 2023-24, it is projected the City will receive $500,000 in revenue related to the license/operating agreement with Quiet Cannon. Expenses related to the reimbursement of the “Campus Host Services” (Attachment B) and landscape services (Attachment D) will be recorded in this fund.
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
Amending the FY 2023-24 budget in the amount of $338,318 is required to pay all outstanding invoices ($283,318) as well as provide an additional $55,000 in appropriations for the remainder of the fiscal year (Account No. 610-66-6040.10, Golf Course, Quiet Cannon Perimeter, Other Contract Services) for the Campus Host and landscape services. Campus Host estimated costs from October 2023 – June 2024 are $46,000, with landscape services estimated costs from October 2023 – June 2024 would be $9,000. Once the golf operations and Topgolf open in late spring, the costs may increase and will be reflected in FY 2024-25 budget.
BACKGROUND/DISCUSSION:
The City received a letter on June 7, 2023 from the Quiet Cannon General Manager (Attachment A). The letter included a summary of prior year Campus Host invoices as well as back-up detail for each month (Attachment B). To bring the outstanding invoices current, staff contacted Quiet Cannon staff to produce any subsequent outstanding invoices for payment resulting in the additional invoices payable thru September 2023.
As outlined in the attached letter concerning the Campus Host invoices, the lateness of presenting the invoices for these services was “due to Covid and change over in [the Quiet Cannon] accounting department” which caused a lag in preparing and submitting invoices in a timely manner. The City has an arrangement with Quiet Cannon to share one-quarter of the monthly cost of the “Campus Host Services.”
The campus hosts provide security and customer service to the areas in and around the Golf Course campus (i.e., Quiet Cannon, Hilton Garden Inn, Home2Suites, Bicknell Park and related areas). The campus hosts are trained to provide security and minimize occurrences of graffiti, vandalism, property damage, etc. The hosts patrol the campus and provide a visible deterrent to anyone looking to commit a crime. The hosts help minimize incidents which would require a response by Montebello Police personnel.
Landscaping services around the Quiet Cannon are provided by Saldana Landscape. Their services involve weed abatement, landscaping treatments to provide professional and aesthetically pleasing curb appeal and minor sprinkler repairs as needed. The City received a letter from the Quiet Cannon General Manager on or about June 7, 2023 (Attachment C) providing a summary of prior and current year landscaping invoices (Attachment D). Staff is requesting approval to pay these past due invoices and authority to process any future invoices in a timely manner in accordance with the increase in the budget.
Attached for City Council review and consideration for approval is a Reimbursement Agreement (Attachment E) in substantially the form as presented subject to final review and approval between QCM and the Acting City Manager and City Attorney, which defines the payment for the current invoices and a process for future processing of requested payments. Staff will work with the Quiet Cannon management team to ensure timely submittal of invoices related to these services.
ENVIRONMENTAL:
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
N/A
ANALYSIS:
N/A
SUMMARY:
It is requested that the City Council approve payment of past due/prior year invoices for Campus Host and landscape services (Attachments B and D) and increase the budget to pay additional bills for the current fiscal year (i.e., from October 2023 - June 2024).
Staff is requesting to increase appropriations in the FY 2023-24 budget by $338,318 in Account No. 610-66- 6040.10 (Golf Course, Quiet Cannon Perimeter, Other Contract Services).
ATTACHMENT(S)
1. ATTACHMENT A - Quiet Cannon Campus Host Cover Letter
2. ATTACHMENT B - Quiet Cannon Campus Host Invoices 2019 - 2023
3. ATTACHMENT C - Quiet Cannon Landscape Cover Letter
4. ATTACHMENT D - Quiet Cannon Landscape Invoices 2022-2023
5. ATTACHMENT E - Reimbursement Agreement No. 4161
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ATTACHMENT A
Campus Host Month Invoice # City Total
Year
2019 July 1013 3,526.61$
August 1015 3,410.13$
September 1018 4,480.65$
October 1022 3,403.69$
November 1023 3,445.35$
December 1026 4,533.30$
2020
January 1026-1 5,003.08$
February 1029 5,097.94$
March 2577 5,817.16$
April 2580 1,573.21$
May 2582 2,066.30$
June 1050 2,737.12$
July 1053 1,658.49$
August 1059 1,838.97$
September 1062 2,851.69$
October 1065 1,419.00$
November 1068 3,792.74$
December 1071 4,946.96$
2021
January 1003 3,967.26$
February 1005 3,852.87$
March 1007 5,353.67$
April 1009 3,809.86$
May 1011 4,230.82$
June 1012 5,070.55$
July 1014 3,905.99$
August 1016 4,089.01$
September 1017 4,993.85$
October 1040 4,269.64$
November 1041 4,052.49$
December 1043 5,637.90$
2022
January 1068 4,287.09$
February 1071 4,995.12$
March 1044 6,028.59$
April 1074 4,630.55$
May 1077 5,084.05$
June 1045 6,379.39$
July 1046 5,388.66$
August 1048 5,667.77$
September 1051 7,291.59$
October 1053 5,667.57$
November 1055 5,889.25$
December 1057 7,781.83$
2023
January 1067 6,714.84$
February 1070 6,800.40$
March 1074 8,299.17$
April 1077 6,357.15$
May 1080 6,751.24$
June 1085 8,780.72$
July 1088 6,378.82$
* Missing invoice August 7,436.91$
September 1094 8,225.81$
TOTAL: 249,672.82$
ATTACHMENT B
ATTACHMENT C
Landscape Saldana Month Invoice Amount Description
Year
2022 January 1251 $850.00
February 1251 $850.00
March 1252 $832.00
April 1253 $832.00
May 1254 $832.00
June 1255 $1,934.00 Repair & Monthly Maintenance
July 1258 $832.00
August 1257 $832.00
September 1258 $832.00
October 1259 $832.00
November 1261 $3,825.11 Repair & Monthly Maintenance
December 1262 $832.00
2023
January 1264 $865.28
February 1265 $865.28
March 1266 $865.28
April 1268 $865.28
May 1272 & 1269 $2,607.71 Repair & Monthly Maintenance
June 1271 $865.28
July 1274 $865.28
August 1275 $865.28
September 1277 $865.28
October 3412 & 3413 $10,000.00 Irrigation Repairs
TOTAL: $33,645.06
ATTACHMENT D
ATTACHMENT E
REIMBURSEMENT AGREEMENT NO. 4161 BETWEEN THE CITY OF
MONTEBELLO AND QUIET CANNON MONTEBELLO, INC.
THIS REIMBURSEMENT AGREEMENT (“Agreement”) dated November ____, 2023 is entered into between the CITY OF MONTEBELLO (hereinafter referred to as “CITY”) and QUIET CANNON MONTEBELLO INC., a California corporation (hereinafter referred to as “QCM”).
R E C I T A L S
A. QCM is a party to a License Agreement with the CITY, dated August 15, 1978.
QCM and the CITY amended the License Agreement 1 st Amendment on April 28, 1980, 2nd Amendment on March 8, 1982, 3 rd Amendment on August 25, 1987, 4 th Amendment on October 10, 1988, 5th Amendment October 7, 1997, 6th Amendment on June 2, 1998, 7th Amendment on October 19, 1999; 8th amendment on September 27, 2001; and the Clubhouse and Hotel Food and Beverage Agreement dated November 29, 2001. (The Agreement as amended is hereinafter referred to collectively as the “License Agreement”).
B. In addition to the duties and responsibilities set forth in the License Agreement, the QCM also oversees related golf course campus security activities, which is intended for safety and security of patrons and employees of the various golf course campus facilities as defined herein and includes, the Quiet Cannon Conference and Event Center, the Hilton Garden Inn and Home2Suites hotels, the Armenian Monument, Bicknell Park and other related portions of the golf course facilities (these collective properties, buildings, parking lots and related amenities shall be referred to as the “Golf Course Resort”).
C. QCM has provided and paid for security activities and personnel for the Golf Course Resort for a period from July 2019 to September 2023.
D. The CITY and QCM had previously agreed by oral agreement for the CITY to reimburse QCM one-fourth (1/4 th) of the QCM base cost for these expenses. QCM has provided and paid for landscape activities for a period from January 2022 to September 2023.
E. In addition to the above security expenses, the CITY will also agree to reimburse QCM for one hundred percent (100%) of the landscape maintenance costs for the Golf Course Resort.
F. The purpose of this Agreement is to memorialize in writing the duties and responsibilities of the CITY and QCM regarding providing security and landscaping costs for the Golf Course Resort and the CITY’s responsibility to reimburse QCM for the cost incurred for providing such services.
NOW, THEREFORE, the parties agree as follows:
1. Recitals
2 The Recitals set forth above are made a part of this Agreement.
2. Term
This Agreement shall be effective for the term of the License Agreement, as it may be amended and shall terminate upon the termination of the License Agreement between QCM and the CITY for any reason whatsoever or as mutually agreed upon by the parties.
3. Obligations and Rights of QCM
QCM, pursuant to the following terms and conditions, agrees to provide the CITY and for the benefit of the Golf Course Resort with the following services:
(a) Security and Safety Measures
QCM shall hire qualified, licensed personnel to provide security and safety measures and programs for the Golf Course Resort, including patrons, customers, QCM and hotel personnel. The services provided herein shall include, but not be limited to, training, licensing, uniform costs, certification, communications and related safety and security staffing and services.
(b) Landscape Maintenance
QCM shall hire qualified, licensed landscape maintenance personnel to properly maintain and upkeep the landscape of the Golf Course Resort.
4. Charging, Invoicing & Payment
QCM shall provide CITY with a quarterly accounting of security and safety costs and expenses. These invoices shall be submitted within five (5) business days from the following dates, January 1, April 1, July 1 and October 1. The CITY shall have the right to review and evaluate the accuracy and appropriateness of the requested payments from QCM. The CITY shall have a thirty (30) day period to determine the accuracy and appropriateness of the requested charges and if the CITY disputes the payments, it shall meet and confer with QCM to establish the amount to be paid by the CITY. The City Manager, or his/her designee shall have the authority to meet and confer with QCM and upon agreement of the amount, shall have the ability to authorize payment of the agreed upon amount to be paid to QCM. Failure by QCM to timely invoice the CITY as required herein may result in the CITY’s denial of payment for that quarter and may be deemed a default under this Agreement.
The CITY shall reimburse QCM the following amounts and approve payments as follows:
For Security and Safety Measures for the period from July 2019 to September 2023, the amount of $249,672.81.
For Landscape Maintenance service for the period from January 2022 to January 2023, the amount of $33,645.06.
3 5. Insurance Requirements
QCM, at its cost, shall maintain public liability insurance with liability limits of not less than Two Million Dollars ($2,000,000.00) per occurrence, insuring against all liability arising out of and in connection with the service of safety and security measures and landscape and maintenance services. The CITY shall be named as co-insureds, and the policy shall contain cross-liability endorsements. The insurance required hereunder shall be issued by insurance companies authorized to do business in the State of California, with a financial rating of at least an “A” status as rated in the most recent edition of Best Insurance Reports. Each policy shall contain an endorsement requiring thirty (30) days notice from the insurance company to both parties before cancellation or change in scope, coverage, or amount.
6. Indemnity
QCM shall indemnify and defend CITY, its employees, agents, officers, directors and shareholders from all liability for any loss, damage, or injury to persons or property arising from or related to the performance of this Agreement, including without limitation, all consequential damages and attorney fees and costs.
7. Limitations on Assignments
QCM shall not sell, assign, transfer or encumber this Agreement or any right or interest in or under this Agreement, or suffer or permit any sale, assignment, transfer or encumbrance to occur by operation of law, without the prior written consent of CITY.
The term, sell, assign, or transfer, as used in this Agreement shall include any sale, assignment, or transfer of fifty (50%) or more of the membership interest of QCM or substantially all the assets of QCM. In the event of any such sale, assignment or transfer as herein defined without the prior written consent of CITY, CITY may, at its sole discretion, immediately terminate this Agreement without prior demands or notices.
Subject to this requirements of this paragraph, this Agreement shall inure to the benefit of and bind the successors and assigns of both the parties hereto.
8. Termination
CITY may terminate this Agreement at its option by giving written notice of termination to QCM should the following occur:
A) QCM be adjudged as bankrupt;
B) QCM become insolvent or have a receiver of its assets or property appointed because of insolvency;
C) QCM defaults in the performance of any obligation under this Agreement; D) If the License Agreement is terminated for any reason whatsoever;
9. Attorney’s Fees
4 If any party to this Agreement resorts to a legal action or arbitration to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees & costs in addition to any other relief to which it may be entitled. This provision applies to the entire Agreement.
10. Entire Agreement
This Agreement supercedes any and all other agreements, either oral or in writing, between the parties with respect to the subject to this Agreement. Any prior arrangements, promises, or negotiations not expressly set forth herein are of no force or effect.
11. Governing laws
This Agreement shall be governed by and construed in accordance with laws of the State of California.
12. Waiver
The waiver of any breach of any provision of this Agreement by either party shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No waiver shall be binding unless in writing signed by the party to be charged.
13. Severeability
The provisions contained in this Agreement shall be severable and in the event that any term or condition contained herein are deemed unlawful or unenforceable, it shall have no effect in the enforceability of all other provisions of this Agreement.
14.Notices
All notices required by this Agreement shall be in writing and shall be sufficiently given and served upon the other party if sent by Federal Express signature required or registered or certified United States mail, postage prepaid and addressed as follows:
If Sent to the City City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
Attention: City Manager
With a copy to: Alvarez-Glasman & Colvin 13181 Crossroad Parkway North Suite 400
Industry, CA 91746
Attn: Arnold M. Alvarez-Glasman, City Attorney
If Sent to QCMI: Quiet Cannon Montebello, Inc.
17662 Irvine Blvd, Suite 4
Tustin, CA 92780
Attention: President/CEO
5 With a copy to: Harper & Burns LLP
453 Glassel Street
Orange, California 92666
Attention: John Harper, Esq.
15. No Change to License Agreement.
By entering into this Agreement, CITY and QCM expressly agree that the terms of the existing License Agreement remains in full force and effect. Only the terms of providing security and safety services and landscape maintenance services at the Golf Course Resort and the reimbursement of those services are being addressed by this Agreement.
This Reimbursement Agreement is hereby entered into the date as stated above in Montebello, California.
QUIET CANNON MONTEBELLO, INC.
By: _______________________________
Its: President & CEO, Brad Perrin
CITY OF MONTEBELLO
By: _______________________________
Its: Mayor, David Torres
Acknowledged and approved:
By: ________________________________
Its: City Clerk, Christopher Jimenez
ITEM # 22
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Paul Espinosa, Police Chief
SUBJECT: APPROVE SOLE-SOURCE PURCHASE OF A FARO TECHNOLOGIES, INC. TRAFFIC LASER SCANNER
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve a sole-source purchase order with Faro Technologies, Inc, for the total not-to-exceed amount of $65,000 to procure a laser scanner used for traffic accident 3-D reconstruction; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
During the Fiscal Year 2023-24 budget preparation, a request to purchase the laser scanner was submitted and approved for $65,000. Funding for the laser scanner is included in the Asset Forfeiture fund, and has been appropriated in the Fiscal Year 2023- 24 budget (Account No. 230-99-847-6010.50, Asset Forfeiture, Justice Department, Machinery and Equipment-Computer Hardware). Therefore, no budget adjustment is needed as sufficient funding exists in the adopted budget.
BACKGROUND/DISCUSSION:
The Police Department requested the purchase of a laser scanner capable of creating accurate, photorealistic 3D representations of any environment or object in just a few minutes (Attachment A). The FARO Technologies, Inc. device is capable of inspecting and mapping a space necessary for the forensic documentation, accident reconstruction, and crime scene investigation required to meet prosecutor standards. The current equipment the Department has been using is a loaned device from a vendor since the previous decades old scanner was no longer repairable.
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
There are several benefits to using a laser scanner for crime scene or traffic crash reconstruction:
• Accurate measurements: A laser scanner can capture millions of points of data in a short amount of time, creating a highly accurate and detailed 3D model of the scene. This can provide precise measurements of distances, angles, and elevations that may be difficult to obtain manually.
• Time-saving: The laser scanner can capture data much faster than traditional methods, such as using a tape measure or total station. This can save a significant amount of time and effort, especially in large or complex scenes. • Reduced contamination: Using a laser scanner can minimize the need for physical contact with the scene, reducing the risk of contamination and preserving evidence.
• Enhanced visualization: The 3D model generated by a laser scanner can provide an immersive and detailed view of the scene, which can aid in analysis and reconstruction.
• Improved documentation: The data captured by the laser scanner can be easily stored and shared, providing a permanent record of the scene that can be reviewed and analyzed at any time.
Overall, investing in a laser scanner for crime scene or traffic crash reconstruction can provide significant benefits in terms of accuracy, efficiency, and documentation, ultimately leading to more effective investigations and improved outcomes.
ENVIRONMENTAL:
N/A
ANALYSIS:
As a small to mid-size police agency, the Montebello Police Department must delegate many of the responsibilities and duties at a crime scene to skilled and qualified individuals within the department. To reach a level of expertise can take an employee several years of experience and hundreds of hours in training. This leaves a small number of qualified personnel that can properly document a scene. This can cause the process of evidence collection and scene analysis to take several hours. While there is no replacement for the human component, there are tools that can greatly assist in capturing the critical data that needs to be gathered at a crime scene.
FARO Technologies, Inc. is the only manufacturer of the software FAROSENSE for processing and analyzing laser scan data which will be used in conjunction with the FARO FOCUS laser scanner to capture accurate and complete measurements of crime scenes and provide a 3-D visualization of the scene. FARO is the sole developer and manufacturer of the FARO technologies. Staff is requesting to purchase and utilize this technology for better crime scene re-creation and criminal prosecution.
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
Staff from the Traffic Unit have conducted thorough research and determined that this equipment and software solution is proprietary and only available from one source (Attacment B). Therefore, it is requested that the City Council authorize this purchase as a sole source under Montebello Municipal Code Chapter 3.20.050(B) – Conformance with Bidding Procedures, which states: "Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section
3.20.090 except: Sole/Single Source Goods and/or Services: When the supplies and equipment needed can be obtained from one source only, such that written declaration of such will be required and noted by standard forms."
SUMMARY:
Staff recommends that City Council approve purchasing equipment and software from FARO for the total not-to-exceed amount of $65,000 and direct staff to take such additional related, action that may be desirable. Funding for the software and equipment has been included in the Fiscal Year 2023-24 adopted budget (Account No. 230-99-847- 6010.50, Asset Forfeiture, Justice Department, Machinery and Equipment-Computer Hardware). Therefore, no budget amendments are needed with the recommended actions.
ATTACHMENT(S)
1. Attachment A-Faro Quote
2. Attachment B-Faro Sole Source letter
NEXT STEPS:
N/A
ATTACHMENT A
ATTACHMENT B
ITEM # 23
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Rita Montalvo, Acting Director
SUBJECT: AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION OF THE SENIOR CENTER RENOVATION PROJECT AT 115 S. TAYLOR
AVENUE
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve the Plans and Estimate for the Construction of the Senior Center Renovation Project at 115 S. Taylor Avenue; and
2. Authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and
3. Approve the Notice of Exemption (Attachment B) for the subject project and authorize the City Clerk to file the notice of Exemption with Los Angeles Registrar- Recorder; and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The project is grant funded and will be utilizing two separate funding sources: Community Development Block Grant (CDBG) funds ($342,000) and Los Angeles County Regional Park and Open Space District Measure A Annual Allocation funds ($349,643). The total project cost is expected to be approximately $691,643. Anticipating continued progress on this project, funding has been appropriated in the Fiscal Year 2023-24 budget. Therefore, no budget amendment is needed at this time.
BACKGROUND/DISCUSSION:
In November 2016, Measure A (The Safe, Clean Neighborhood Parks, Open Space, Beaches, River Protection, and Water Conservation Measure) was approved by voters in Los Angeles County, replacing the expiring Proposition A funding source to ensure
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
parks, open spaces, beaches, and waterways are built and protected for future generations. Measure A is distributed into seven funding categories, one of them being the Annual Allocations program. Annual allocations are distributed using set formulas to local municipalities on an annual basis. Municipalities must submit an application for proposed funding and have the option to allow funds to accrue. The City plans to utilize Measure A Annual Allocation funding to partially fund the Senior Center Renovation Project ($349,643).
The remainder of the project cost will utilize Community Development Block Grant (CDBG) funds. The Department of Housing and Urban Development’s CDBG Program aims to support community development activities to build stronger and more resilient communities. CDBG funds are distributed to local jurisdictions for projects that align with their goals. A portion of CDBG funds distributed to the City will be used for the Senior Center Renovation Project ($342,000).
The Senior Center Renovation Project is located at 115 South Taylor Avenue, and it aims to rehabilitate the functional space of the downstairs area of the Montebello Senior Center located at City Park in order to provide greater opportunities to the community. Renovation will allow for the City to better serve those who utilize the Senior Center by creating a multi-functional space. The City currently hosts a variety of recreational programs including art classes, fitness programs, and a senior lunch program. The project allows for the City to continue providing high quality programming and facilities to the community.
The proposed project makes improvements to lighting, flooring, storage, and restrooms. The project scope also includes the addition of a fitness area and a computer room that will be available for use by seniors. Additionally, the proposed design includes multi-functional space that can be utilized for recreational classes, community group meetings, and facility rentals.
Maintenance and operation of the new construction will be the responsibility of the Recreation and Community Services Department. Since the project is partially funded with Measure A Annual Allocation funds, the City will be eligible to utilize Measure A Maintenance and Servicing funds which can be used for maintenance costs for the project after construction is completed.
ENVIRONMENTAL:
Notice of Exemption will be filed to the Office of Planning and Research.
ANALYSIS:
The Engineer’s Estimate of construction costs for this project is $691,643. The anticipated project schedule is as follows:
Advertise for Construction Bids December 14, 2023
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
Bid Closing Date January 10, 2024
Award of Contract February 28, 2024
Start Construction March 2024
Complete Construction September 2024
SUMMARY:
Upon the approval of the City Council of the recommended action, staff will coordinate the advertisement of the project for construction bids. Following the opening of sealed bids, staff will recommend award of the construction contract at a subsequent City Council meeting. The draft Notice of Inviting Bids is in draft form and staff anticipates that the release will be on or about
ATTACHMENT(S)
1. Attachment A - Notice Inviting Bids for Senior Center Renovation Project at 115 S.
Taylor Ave.
2. Attachment B - Notice of Exemption
3. Attachment C - Plans & Specifications for Senior Center - 115 S. Taylor Ave.
NEXT STEPS:
N/A
NOTICE INVITING SEALED B
IDS
FOR
SENIOR CENTER RENOVATION PROJECT AT 115 S. TAYLOR AVENUE
IN THE CITY OF MONTEBELLO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids electronically ONLY thru PlanetBids, https://www.cityofmontebello.com/rfp-bids/bid-opportunities.html, by 10:00 a.m. on Thursda y, December 14, 2023. They will be publicly opened in the City Council Chambers shortly after on the above date.
SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in ac cordance with the 2021 Standard Plans for Public Works Construction (SPPWC), 2021 Standard Specifications for Public Works Construction “Greenbook” and 201 Caltrans Standard Plans and Sp ecifications unless otherwise shown.
CONTRACT DOCUMENTS:
Copies of the contract documents and specifications are available on the City’s website at https://www.cityofmontebello.com/rfp-bids/bid-opportunities.html.
In order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet thru PlanetBids. Bids will not be accepted unless the bidder is on the Planholder List. All questions from planholders, are to be posted on the website.
Questions: All questions relative to this project prior to the opening of bids shall be submitted electronically and received no later than 12:00 p.m. on Thursday, December 28, 2023.
PREVAILING WAGE:
Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is available on-line at: B-2 www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. Federal Labor Standards Pr ovisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.
LABOR COMPLIANCE:
To comply with SB 854, beginning January 1, 2015 the following applies:
ATTACHMENT A
1. No c
ontractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for pu blic works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.
3. The project is subject to compliance monitoring and enforcement by the DIR.
4. Require the prime contractor to post job site notices prescribe d by regulation (regulation not created yet) or the City must post the notices itself.
The Contractor shall fill in the Department of Industrial Relat ions (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.
In entering into a public works contract, or subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or the Sub contractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work contract or the subcontract. This assignment shall be made and become effective as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.
Bids must be prepared on the appr oved Proposal forms in conformance with the “Instructions to Bidders” and submitted electronic ally. The bid must be accompa nied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.
Bidders must hold a valid California Class A Contractor’s License.
No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successful Contractor and his subcontractors will be required to possess business licenses from the City.
The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these Specifi cations. The Contractor may substitute an escrow holder surety of equal value
to the retention and the Contractor shall be benefi cial owner of the surety and shall receive any interest thereon.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________
To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Proj ect: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________
Area Code/Telephone/Extension: _______________
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:
Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
DRAFT
ATTACHMENT B
& AND
∠ ANGLE
@ AT
C CENTERLINE
ɸ DIAMETER OR ROUND
┴ PERPENDICULAR
# POUND OR NUMBER
ACC. ACCESSIBLE
A/C AIR CONDITIONING
ACOUS. ACOUSTICAL
A.D. AREA DRAIN
ADJ. ADJUSTABLE
AL. ALUMINUM
APPROX. APPROXIMATE
ARCH. ARCHITECTURAL
ASPH. ASPHALT
A.T. ACOUSTICAL TILE
BD. BOARD
BITUM. BITUMINOUS
BLDG. BUILDING
BLK BLOCK
BM BEAM
BOT BOTTOM
CAB CABINET
C.B. CATCH BASIN
CEM CEMENT
CER CERAMIC
C.I. CAST IRON
CLG. CEILING
CLKG CALKING
CLR. CLEAR
CMU CONCRETE MASONRY UNIT
COL COLUMN
CONC. CONCRETE
CONN. CONNECTION
CONST. CONSTRUCTION
CONT. CONTINUOUS
C.T. CERAMIC TILE
CTR CENTER
DBL DOUBLE
DEPT. DEPARTMENT
D.F. DRINKING FOUNTAIN
DIA. DIAMETER
DET DETAIL
DIM DIMENSION
DISP DISPENSER
DN DOWN
DR DOOR
DS DOWNSPOUT
DWG DRAWING
E EAST
EA. EACH
EL ELEVATION
ELEC ELECTRICAL
ELEV ELEVATOR
EMER EMERGENCY
ENCL ENCLOSURE
EQ EQUAL
EQPT EQUIPMENT
(E) OR EXIST EXISTING
EXPO EXPOSED
EXP EXPANSION
E.J. EXPANSION JOINT
EXT EXTERIOR
F.A. FIRE ALARM
F.D. FLOOR DRAIN
FND FOUNDATION
F.E. FIRE EXTINGUISHER
F.E.C. FIRE EXTINGUISHER CABINET
FIN FINISH
FL FLOOR
FLASH FLASHING
FLUOR FLUORESCENT
F.O.C. FACE OF CONCRETE
F.O.F. FACE OF FINISH
F.O.S. FACE OF STUD
FPRF FIREPROOF
FT FOOT OR FEET
FTG FOOTING
FURR FURRING
GA GAUGE
GALV GALVANIZED
G.D. GARBAGE DISPOSAL
G.I. GALVANIZED IRON
GL GLASS
GND GROUND
GR GRADE
GYP. GYPSUM
H.B. HOSE BIB
H.C. HOLLOW CORE
HDWD HARDWOOD
HDWE HARDWARE
HM HOLLOW METAL
HORIZ HORIZONTAL
HR HOUR
HT HEIGHT
I.D. INSIDE DIAMETER
INSUL INSULATION
INT INTERIOR
JAN JANITOR
JT JOINT
KIT KITCHEN
LAM LAMINATE
LAV LAVATORY
LT LIGHT
MAX MAXIMUM
M.C. MEDICINE CABINET
MECH MECHANICAL
MEMB MEMBRANE
MTL METAL
MFR MANUFACTURER
MIN MINIMUM
MISC MISCELLANEOUS
M.O. MASONRY OPENING
MTD MOUNTED
MRG MOISTURE RESISTANT-
GYP. BD.
MUL MULLION
MWO MICROWAVE OVEN
N NORTH
N.I.C. NOT IN CONTRACT
NO. NUMBER
NOM NOMINAL
N.T.S. NOT TO SCALE
O/ OVER
OBS OBSCURE
O.C. ON CENTER
O.D. OUTSIDE DIAMETER
OFF. OFFICE
OPNG OPENING
OPP OPPOSITE
PRCST PRECAST
PL PLATE
P. LAM. PLASTIC LAMINATE
PLAS PLASTER
PLYWD PLYWOOD
PR PAIR
PT POINT
Q.T. QUARRY TILE
R RISER
RAD RADIUS
R.D. ROOF DRAIN
REF REFERENCE
REFR REFRIGERATOR
REINF REINFORCED
REQ REQUIRED
RESIL RESILIENT
RM ROOM
R.O. ROUGH OPENING
RWD REDWOOD
S SOUTH
SC SOLID CORE
SCHED SCHEDULE
SECT SECTION
SH SHELF
SHR SHOWER
SHT SHEET
SIM SIMILAR
SPEC SPECIFICATION
SQ SQUARE
S.STL. STAINLESS STEEL
S.SK. SERVICE SINK
STA STATION
STD STANDARD
STL STEEL
STOR STORAGE
STRUC STRUCTURAL
SUSP SUSPENDED
SYM SYMMETRICAL
TRD TREAD
T.B. TOWEL BAR
T.C. TOP OF CURB
TEL TELEPHONE
T&G TONGUE AND GROOVE
THK THICK
T.P. TOP OF PAVEMENT
TV TELEVISION
T.W. TOP OF WALL
TYP. TYPICAL
UNF UNFINISHED
U.N.O. UNLESS OTHERWISE NOTED
UR URINAL
VERT VERTICAL
VEST VESTIBULE
W WEST
W/ WITH
W.C. WATER CLOSET
WD WOOD
W/O WITHOUT
WP WATERPROOF
WSCT WAINSCOT
WT WEIGHT
W.I. WROUGHT IRON
APPLICABLE STATE CODES (WITH CITY AMENDMENTS)
CALIFORNIA BUILDING CODE 2022
CALIFORNIA MECHANICAL CODE 2022
CALIFORNIA PLUMBING CODE 2022
CALIFORNIA ELECTRICAL CODE 2022
CALIFORNIA ENERGY CODE 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE 2022
FEDERAL STANDARDS
ADA STANDARDS 2010
LEGAL DESCRIPTION:
ASSESSOR'S MAP 6350002900
PARCEL: GOVERMENT OWNED
TYPE OF CONSTRUCTION: TYPE 5
TYPE OF OCCUPANCY: B
NO. OF STORIES: 2
FIRE SPRINKLER: N/A
OWNER
CITY OF MONTEBELLO
2737 W 2ND STREET,
CA 92376
ARCHITECT
BOA ARCHITECTURE
1511 COTA AVENUE
LONG BEACH, CA 90813
CONTACT: EDWARD LOK NG
P: 562-912-7900
E: [email protected]
MECHANICAL ENGINEER
ENGINEERING DESIGN ANALYSIS INC.
17601 E. 17TH STREET, SUITE 225
TUSTIN, CA 91780
CONTACT: KEVIN FRIEDMAN
T: 714-913-8393
ELECTRICAL ENGINEER
ENGINEERING DESIGN ANALYSIS INC.
17601 E. 17TH STREET, SUITE 225
TUSTIN, CA 91780
CONTACT: DAVID FALK
T: 714-913-8393
PLUMBING ENGINEER
ENGINEERING DESIGN ANALYSIS INC.
17601 E. 17TH STREET, SUITE 225
TUSTIN, CA 91780
CONTACT: KEVIN FRIEDMAN
T: 714-913-8393
1. GENERAL CONTRACTOR TO BE RESPONSIBLE FOR ALL DEMOLITION IN PREPARATION FOR NEW WORK.
2. PATCH, RESTORE, AND REFINISH ALL AREAS DAMAGED BY THE
3. CONSTRUCTION WORK AND DEMOLITION.
4. REPAIR ALL TRANSITIONAL AREAS BETWEEN EXISTING AND NEW
5. WORK DUE TO DEMOLITION.
6. CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS
PRIOR TO COMMENCING WORK, REPORTING ANY DISCREPANCIES TO THE DESIGNER.
7. WRITTEN DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS ON THE DRAWINGS.
8. GENERAL CONTRACTOR TO BE RESPONSIBLE FOR ALL DEMOLITION IN PREPARATION FOR NEW WORK.
9. PATCH, RESTORE, AND REFINISH ALL AREAS DAMAGED BY THE CONSTRUCTION WORK AND DEMOLITION.
10. REPAIR ALL TRANSITIONAL AREAS BETWEEN EXISTING AND NEW WORK DUE TO DEMOLITION.
11. PROTECT EXISTING CONSTRUCTION FINISHES, ADJACENT PROPERTY, PLANTING AND TREES. PROTECT THE WORK FROM RAIN AND OTHER NATURAL ELEMENTS. REPAIR, REFINISH, OR REPLACE ANY ITEMS DAMAGED DURING CONSTRUCTION.
12. NEW AND EXISTING WALLS/CEILING SURFACES SHALL BE PAINTED WHERE NOTED. SCRAPE, SAND, AND REMOVE ALL EXISTING LOOSE PAINT PER MANUFACTURER'S SPEC. AND PREPARE SURFACES FOR NEW PRIMER & PAINT. CONTRACTOR SHALL BE AWARE OF THE LEAD-BASED REPORT
INCLUDED IN THE SPECIFICATIONS AND INCLUDE THE REMEDIATION AS DIRECTED.
13. COORDINATE W/ ENGINEER PRIOR TO DEMOLITION FOR ITEMS TO BE SALVAGED.
14. UTILITY SERVICES: CONTRACTORS AND SUB-CONTRACTORS SHALL CONFIRM
LOCATIONS OF UTILITIES AND NOTIFY ALL PERSONS WORKING ON SITE OF EXISTING UTILITIES. CONTRACTOR SHALL LOCATE AND IDENTIFY ACTIVE
UTILITY SERVICES AND TEMPORARY DE-ACTIVATE THEM WHEN THEY CONSTITUTE A HAZARD. LOCATION OF GAS, ELECTRIC AND WATER METERS TO CONFORM WITH UTILITY COMPANY REQUIREMENTS.
15. REGARDING DEMOLITION, CAP ALL EXISTING UTILITIES & PREPARE FOR NEW WORK AS REQUIRED.
16. CONTRACTOR SHALL PROVIDE TEMPORARY TOILET IN ACCORDANCE WITH
LOCAL ORDINANCES IF NO EXISTING TOILET AVAILABLE ON SITE
17. CONTRACTOR SHALL PROVIDE TEMPORARY TOILET IN ACCORDANCE WITH LOCAL ORDINANCES IF NO EXISTING TOILET AVAILABLE ON SITE.
18. THE CONTRACTOR IS RESPONSIBLE FOR COMPLYING WITH ALL GOVERNING BLDG. CODES AND CITY ORDINANCES.
19. CONTRACTOR CAN PROVIDE "OR APPROVED EQUAL" MANUFACTURER FOR ALL NAMED MANUFACTURES.
20. CONTRACTOR TO COORDINATE WITH CITY IT DEPARTMENT REGARDING
REMOTE / WIFI ACTIVATION FOR NEW SECURITY CAMERAS, LIGHTS, HAND DRYER AND POWER.
SCOPE FOR THE BUILDING INTERIOR
1. RENOVATE EXISTING RESTROOMS, FOR ADA
COMPLIANCE. PROVIDE NEW PLUMBING FIXTURES,
TOILET PARTITIONS, TOILET ACCESSORIES, TILE
WALLS-FLOORING, EXHAUST FANS, LIGHTING, PAINT,
ETC.
2. PROVIDE ADA COMPLIANCE AT AREA OF NEW WORK.
3. PROVIDE NEW FLOORING, CEILING, LIGHTING, NEW
DUCTING, PAINTING OF INTERIOR RENOVATION WORK.
4. AT THE ENTRANCE TO AREA OF WORK, PROVIDE NEW
ENTRY DOORS, .
5. REMOVE EXISTING STAGE, SELECTED INTERIOR
WALLS, AND KITCHEN TO CREAT A LARGE EXERCISE
ROOM, COMPUTER ROOM, AND MEETING ROOM.
6. REMOVE EXISTING CEILING TILES TO RAISE THE
CEILING AS HIGH AS POSSIBLE RE-ROUTE EXISTING
PIPES, DUCTS, CONDUITS AS NEEDED TO RAISE
CEILING.
7. REPLACE EXISTING LIGHTS WITH NEW LED LIGHT
FIXTURES
8. LEVEL DEPRESSED SLAB AT EXISTING STORAGE
ROOM
SCOPE FOR THE BUILDING EXTERIOR
1. PROVIDE NEW LIGHTING EXTERIOR LIGHTING.
2. REMOVE EXISTING CMU WALL
3. REMOVE EXISTING FENCING
THERE IS NO BUILDING EXPANSION/ADDITION OF EXISTING FLOOR AREA.
PATH OF TRAVEL FOR ACCESSIBILITY SHALL BE 2% MAX CROSS SLOPE AND 5% MAX AT WALKWAYS. PATH OF TRAVEL AT PARKING SHALL BE 2% MAX. SLOPE IN ANY DIRECTION NOTE: P.O.T. P.O.T. P.O.T.
EXISTING GAS METER
EXISTING HVAC
EQUIPMENT
REMAIN
EXISTING SENIOR CENTER
EXISTING SENIOR CENTER
EXISTING DRIVEWAY
EXISTING DRIVEWAY
P.O.T.P.O.
T.
EXISTING
PARKING
LOT
EXISTING
PARKING
LOT
P.O.T.
P.O.T.
P.O.T.
P.O.T.
P.O.T.
P.O.T.
EXISTING
ADA
PARKING
STALLS TYP.
SOUTH TAYLOR AVE
N
PROJECT
LOCATION
N
P.O.T. (ACCESSIBLE
PATH OF TRAVEL)
DETAIL NUMBER
SHEET NUMBER
SECTION LETTER
SHEET NUMBER
A
B
C
ELEVATION LETTER
ELEVATION NUMBER
SHEET NUMBER
ROOM
NAME
ROOM NUMBER
DOOR NUMBER
RENOVATION
KEYNOTE
FINISH
KEYNOTE
DEMOLITION
KEYNOTE
P.O.T.P.O.T.
Edward
Lok Ng
C-16840
REN.11/30/23
LICENSED ARCHITECT
STATE OF CA L I FORNIA
Client:
Consultant:
CAD Draft:
Architect:
Engineer:
Job Number:
Date Issue:
Client:
Designer: Architecture
Interiors
Planning
1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900
These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by written permission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions. 9/22/2023 12:59:29 PM
G:\Project Files\3002 Montebello Senior Ctr Remodel\01-Drawings\01-Revit\3-CD\Montabello Senior Ctr__detached.rvt 115 S. TAYLOR, MONTEBELLO, 90640
A1.0
3002
1-27-2022
MONTEBELLO
LN
LN
LOK
SENIOR CENTER RENOVATION
MONTEBELLO SENIOR CENTER
CITY OF MONTEBELLO
TITLE SHEET, SITE PLAN,
& NOTES
EDA
SHEET INDEX
A1.0 TITLE SHEET, SITE PLAN, & NOTES
A2.0 DEMOLITION FLOOR PLAN
A2.1 RENOVATION FLOOR PLAN
A2.2 DEMOLITION REFLECTED CEILING PLAN
A2.3 RENOVATION REFLECTIVE CEILING PLAN
A3.0 INTERIOR ELEVATIONS
A3.1 INTERIOR ELEVATIONS
A4.0 BUILDING SECTIONS
A5.0 DETAILS
A5.1 ACCESSIBLE DETAILS
A5.2 DETAILS
E1.0 LEGEND, SCOPE OF WORK, DRAWING INDEX, SINGLE LINE
E1.1 PROJECT NOTES
E2.0 SITE
E2.1 DEMOLITION POWER PLAN
E2.2 DEMOLITION LIGHTING PLAN
E2.3 RENOVATION POWER PLAN
E2.4 RENOVATION LIGHTING PLAN
E3.0 PANEL SCHEDULES
E4.0 TITLE 23
M1.0 LEGEND, SCOPE OF WORK, DRAWING INDEX, SCHEDULES
M1.1 PROJECT NOTES
M2.0 DEMOLITION FLOOR PLAN
M2.1 RENOVATION PIPING FLOOR PLAN
M3.0 DETAILS
M4.0 TITLE 24- MECHANICAL
P1.0 NOTES, LEGEND SCHEDULES, INDEX, ABBREVIATIONS
P1.1 PROJECT NOTES
P2.0 SITE PLAN
P2.1 FLOOR PLAN
P2.2 ENLARGED RESTROOM FLOOR PLAN
P3.0 WASTE & VENT HOT & COLD WATER ISOMETRICS, DETAIL
CITY OF MONTEBELLO
SENIOR CENTER
RENOVATION
115 S. TAYLOR AVE, MONTEBELLO, 90640
30ABBREVIATIONS
5APPLICABLE CODES
7BUILDING DATA
8PROJECT DIRECTORY
10GENERAL NOTES
3SCOPE OF WORK
PATH OF TRAVEL
NO.
REVISION
DATE
ISSUED
SCALE: 1" = 20'-0"2 SITE PLAN ENLARGED
1LOCATION MAP
4SYMBOL LEGEND
UP
Range Range
FD
FD
FD
FD
FACP
FACP
FACP
06 A
08 A
08 A
08 A
08 A
08 A
08 A
10 A
22 A
22 A
22 A
08 A08 A
08 A
06 G
WH
08 A
22 A
10 A
09 B09 D
09 B 09 D
09 B
09 C 09 A
09 A 09 C
09 A
09 C
09 A 09 C 09 A 09 C
10 J
32 A
32 A
22 C
22 A
EXISTING
ELECTRICAL
PANEL
23 C
09 H
06 H
06 H
22 A
23 C
TYP.
22 A
09 H
06 H
06 H
TYP.
09 F
TYP.
06 F
09 F
06 H
KITCHEN
MEN'S
RESTROOM
MEN'S
RESTROOM
22 A
MULTI-PURPOSE
ROOM
HALLWAY
ELECTRICAL
STORAGE STORAGE
STORAGE
JANITOR
STORAGE
STORAGE
HALLWAY
22 A
22 A
22 A
09 F
09 F
22 A
09 F 09 F
09 F
26 I
22 A
09 H
SEWER PIPE
ACCESS PANEL
EXISTING
HVAC
EX. DR. EX. DR. EX. DR.
EX. DR.
EXIT
EX. DR.
EX. DR.
EX. DR.
EX. DR.
EX. DR.
EX. DR.
EX. DR.
09 A
09 C
09 A 09 C
09 F
09 A 09 C
09 F
09 B
09 H
09 F
09 B 09 H
09 A
09 C
09 B 09 H
09 F
26 G
22 B
22 B
26 G
26 G
09 F
26 G
26 G
26 G26 G
26 G
26 G
26 G
26 G
26 G 26 G
26 G
26 G
22 B
22 B
1. CAP ALL EXISTING UTILITIES & PREPARE FOR NEW WORK AS REQUIRED.
2. PROVIDE ALL LABOR, MATERIAL, AND EQUIPMENT NECESSARY TO
COMPLETE DEMOLITION WORK AS INDICATED ON DRAWINGS AND
SPECIFICATIONS AND AS REQUIRED TO ACCOMMODATE NEW
CONSTRUCTION.
3. PATCH, REPAIR, AND RESTORE ALL AREAS DAMAGED BY THE
CONSTRUCTION WORK AND DEMOLITION TO MATCH CONDITION OF ADJACENT UNDISTURBED SURFACES.
4. REMOVE FROM THE SITE ALL MATERIAL RESULTING FROM THE
DEMOLITION WORK IN SUCH A MANNER AS TO AVOID CREATING A NUISANCE. DISPOSE OF ALL MATERIALS FROM THE SITE ON A DAILY BASIS AT NO ADDITIONAL COST TO THE OWNER .
5. DISPOSE OF ALL MATERIAL RESULTING FROM THE DEMOLITION WORK IN
ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING THOSE GOVERNING NOISE, DUST, AND DIRT CONTROL; DISPOSAL OF HAZARDOUS MATERIALS; AND REQUIREMENTS OF THE LOCAL AIR QUALITY MANAGEMENT DISTRICT.
6. CONTRACTOR IS RESPONSIBLE FOR ALL DEMOLITION NEEDED TO COMPLETE THE WORK SHOWN ON THE DRAWINGS.
EXISTING CONCRETE MASONRY UNIT
EXTERIOR WALLS AND 2X WOOD STUD
INTERIOR WALLS TO REMAIN. PATCH AND
REPAIR TO MATCH EXISTING FINISHES
WHERE DAMAGED BY DEMOLITION.
EXISTING 2x WOOD STUDWALL W/ GYP
BOARD AND/OR CERAMIC TILE
NEW WALL 2X WOOD STUD AT 16" O.C.
WITH 5/8" GYP. BD. BOTH SIDES UNLESS
OTHERWISE NOTED.
WALLS TO BE DEMOLISHED
Edward
Lok Ng
C-16840
REN.11/30/23
LICENSED ARCHITECT
STATE OF CA L I FORNIA
Client:
Consultant:
CAD Draft:
Architect:
Engineer:
Job Number:
Date Issue:
Client:
Designer: Architecture
Interiors
Planning
1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900
These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by written permission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions. 9/22/2023 12:59:31 PM
G:\Project Files\3002 Montebello Senior Ctr Remodel\01-Drawings\01-Revit\3-CD\Montabello Senior Ctr__detached.rvt 115 S. TAYLOR, MONTEBELLO, 90640
A2.0
3002
1-27-2022
MONTEBELLO
LN
LN
LOK
SENIOR CENTER RENOVATION
MONTEBELLO SENIOR CENTER
CITY OF MONTEBELLO
DEMOLITION FLOOR PLAN
EDA
SCALE: 1/4" = 1'-0"1 DEMOLITION FLOOR PLAN AT FIRST FLOOR
DEMOLITION KEYNOTES
06 A REMOVE EXISTING LOWER & UPPER CABINETS AND DISPOSED OF. PATCH & REPAIR DAMAGED WALL SURFACES TO MATCH EXISTING.
06 F REMOVE EXISTING WOOD FRAMED PLATFORM W/ FINISHES.
06 G REMOVE EXISTING LOW CMU WALL.
06 H REMOVE EXISTING COUNTER CABINET.
08 A REMOVE EXISTING HM DOOR(S), HM DOOR FRAME, AND THRESHOLD. 09 A REMOVE EXISTING VINYL FLOORING MATERIAL AND ADHESIVE MATERIAL TO ACCOMMODATE NEW FINISH MATERIAL. PREPARE FOR NEW WORK.
09 B REMOVE EXISTING FLOOR TILE. PREPARE AREA FOR NEW WORK. 09 C REMOVE EXISTING WALL BASE. PATCH AND REPAIR TO MATCH EXISTING INTERIOR WALLS.
09 D REMOVE ALL WALL TILE AND SUBSTRAIGHT.
09 F REMOVE EXISTING GYP BOARD OR INTERIOR PLASTER AT WALL. 09 H REMOVE EXISTING MORTAR BED.
10 A REMOVE EXISTING TOILET PARTITIONS AND ATTACHED TOILET ACCESSORIES. 10 J REMOVE EXISTING OPERABLE/DIVIDING WALL AND PREPARE FOR NEW WORK. 22 A REMOVE EXISTING PLUMBING FIXTURE AND ASSOCIATED FITTINGS. CAP UTILITY LINES BELOW WALL/FLOOR SURFACES AS REQUIRED. RECONNECT PIPING TO NEW FIXTURES SHOWN ON RENOVATION PLAN. PATCH AND REPAIR IMPACTED WALL/FLOOR SURFACES.
22 B REMOVE EXISTING FLOOR DRAIN FROM POINT OF CONNECTION AND PREPARE FOR NEW WORK.
22 C DEMOLISH EXISTING DRINKING FOUNTAIN AND REMOVE. PREPARE AREA FOR NEW WORK.
23 C REMOVE EXISTING DUCT WORK,SEE MECHANICAL DRAWINGS FOR FURTHER INFORMATION.
26 G REMOVE EXISTING LIGHT SWITCHES AND OUTLETS. SEE ELECTRICAL DRAWINGS FOR ADDITIONAL INFORMATION.
26 I FIRE ALARM SYSTEM TO REMAIN. TO BE REMOVED AND REINSTALLED, PROVIDE NEW CONDUIT AS NEEDED.
32 A REMOVE EXISTING FENCE. CMU WALL TO REMAIN IN PLACE.
DEMOLITION NOTES
WALL LEGEND
NO.
REVISION
DATE
ISSUED
N
UP
FD
FD
WH
820 SF
WEIGHT ROOM
3 160 SF
WOMENS
1 150 SF
MENS
2 1752 SF
MULTI-PURPOSE
ROOM
8 519 SF
COMPUTER
ROOM
4 165 SF
ELECTRICAL
6 251 SF
HALLWAY
9 EXISTING GATE
STORAGE
11 22 21
22 20
10 20
10 20
10 20
10 20
23 4123 30
22 03
08 35
08 04
08 04
08 04
08 35
08 35
22 30
22 24
03 06
09 3609 35
09 36
22 21
5' - 6"
22 20
22 26
A3.1
A3.1
7 3
A3.0
11 12
9 10
2 1
A4.0
FUTURE LOCATION OF FURNITUREFUTURE LOCATION OF FURNITURE
FUTURE LOCATION OF FURNITURE
16' - 3" 8' - 10"
CLR.
5' - 0"3' - 0"3' - 0"6' - 0"
CLR.
5' - 0"2' - 9"2' - 9"
EX. DR. EX. DR. EX. DR.
EX. DR.
1 3
2 4
67 JANITOR
10 HALLWAY
7 5
336 SF
STORAGE
5 26' - 5"
12' - 9"4' - 5"
40' - 3" 32' - 9"
26' - 4"
21' - 4"
36' - 2"
14' - 0"
4' - 5"
4' - 1"
STRUCTURAL BEAM ABOVE TO REMAIN
STRUCTURAL BEAM ABOVE TO REMAIN
STRUCTURAL BEAM ABOVE TO REMAIN
22 23
09 10
09 10
09 10
09 10
09 10
09 10
EXIT EXIT
EXIT
EX. DR.
EX. DR.
08 31
8 08 31
08 31
10 9
09 15
58' - 1"
09 15
09 15
11 EX. DR.
08 31
86' - 9"
EXIT
09 02
107
03 06
03 06
03 09
DIAGONAL HATCH AREA
INDICATES NEW SLAB
03 09
2 A4.0
09 15
09 15
1 4
5 68
107
22 20
1' - 6"
1' - 6"
1' - 5"1' - 5"
1' - 6"
A5.0
2 A5.0
2 22 3122 31
1' - 6" 1' - 6"
1' - 6"1' - 6"
22 31
22 31
MS-1
FD-1
FD-1
09 35
09 28
09 28
09 28
09 28
09 28
09 28
EX. DR.
EX. DR.
EX. DR.
EX. DR.
03 09
9' - 10"
22 33
26 06
26 06
26 06
26 06
26 06
26 06
26 06
26 06
09 28
09 35
26 06
GFI
GFI
S S
S
S
S
S
S
S
S
S
S
S
S
S
S
C
.
WHERE EXISTING PLUMBING VENT PIPES ARE REMOVED FROM THE ROOF AND
NEW ONES ARE INSTALLED THE CONTRACTOR SHALL PATCH AND REPAIR THE ROOF. THE PATCHING AND REPAIR SHALL BE DONE USING A SUB-CONTRACTOR EXPERIENCED WITH ROOFING IN GENERAL AND ROOFING REPAIRS.
A. ELECTRICAL EQUIPMENT AND DEVICES: REINSTALL AND PROPERLY RECONNECT EXISTING SWITCHES; LIGHT FIXTURES; AND OTHER DEVICES REMOVED DURING THE WORK BUT NOT INDICATED TO BE REMOVED.
REINSTALL ONLY EQUIPMENT AND DEVICES THAT ARE IN GOOD CONDITION.
DISCARD EQUIPMENT AND DEVICES THAT ARE NOT IN CONDITION AT LEAST
AS GOOD AS EXISTED BEFORE REMOVAL, AND PROVIDE NEW EQUIVALENT EQUIPMENT AND DEVICES. NEW EQUIPMENT AND DEVICES SHALL EXACTLY
MATCH THOSE REMOVED IN TYPE, SIZE, FINISH, CONFIGURATION , AND OPERATING CHARACTERISTICS, UNLESS NOTED OTHERWISE. ALL INSTALLATION SHALL MEET CURENT BUILDING CODE.
B. PROVIDE NEW MATERIALS TO MATCH EXISTING UNDISTURBED WORK FOR CLOSING OF OPENINGS, REPAIRS, AND RENOVATION. NEW FINISH
MATERIALS AND SUBSTRATES TO MATCH EXISTING SHALL BE THE SAME TYPES, SIZES, QUALITIES, AND COLORS AS EXISTING ADJACENT MATERIAL.
REPAIR ALL DAMAGED OR DEFACED FLOOR, WALL, AND CEILING FINISHES ASSOCIATED WITH THESE ALTERATIONS.
D. FLOOR COVERING MATERIALS SHALL COMPLY WITH ASTM STANDARD E 648, AND HAVING A SPECIFIC OPTICAL DENSITY SMOKE RATING NOT TO EXCEED 450 PER ASTM E 662. CBC 804.4
1. UNLESS SPECIFICALLY INDICATED OTHERWISE, PRODUCTS SCHEDULED
INDICATE QUALITY STANDARD REQUIRED, BUT ARE NOT INTENDED TO LIMIT COMPETITION. LISTED COLORS AND FINISHES ESTABLISH COLOR AND FINISH REQUIRED. EXCEPT FOR PRODUCTS NOTED AS "OWNER'S STANDARD," APPROVED EQUAL PRODUCTS MAY BE SUBMITTED FOR OWNER REPRESENTATIVE'S REVIEW AND APPROVAL. CONTRACTOR
MAY REQUEST APPROVAL FROM OWNER TO USE OR SUBSTITUTE
ENVIRONMENTALLY PREFERABLE PRODUCTS AND RECYCLED
PRODUCTS.
2. COLORS AND FINISHES SHALL MATCH SAMPLES AVAILABLE FOR VIEW
BY CONTRACTOR AT OWNER REPRESENTATIVE'S PROJECT SITE
OFFICE. ARCHITECT IS SOLE JUDGE OF COLOR AND FINISH MATCH.
3. WHERE "MATCH EXISTING" IS INDICATED, PROVIDE NEW MATERIAL AS NECESSARY TO PATCH OR EXTEND EXISTING MATERIAL. UNLESS AN
EXCEPTION IS SPECIFICALLY NOTED, NEW MATERIAL SHALL MATCH EXISTING IN TYPE, MATERIAL, SIZE, THICKNESS, COLOR, AND PATTERN.
4. WHERE CONTRACT DOCUMENTS REQUIRE COLOR MATCH, BUT
EXISTING COLOR'S NAME IS UNKNOWN, MATCH COLORS AS NEARLY AS PRACTICABLE BY FIELD COMPARISON. ARCHITECT IS SOLE JUDGE OF COLOR MATCH ACCURACY. MISMATCHED COLORS WHERE MATCH IS
REQUIRED WILL BE REJECTED.
EXISTING CONCRETE MASONRY UNIT
EXTERIOR WALLS AND 2X WOOD STUD
INTERIOR WALLS TO REMAIN. PATCH AND
REPAIR TO MATCH EXISTING FINISHES
WHERE DAMAGED BY DEMOLITION.
EXISTING 2x WOOD STUDWALL W/ GYP
BOARD AND/OR CERAMIC TILE
NEW WALL 2X WOOD STUD AT 16" O.C.
WITH 5/8" GYP. BD. BOTH SIDES UNLESS
OTHERWISE NOTED.
WALLS TO BE DEMOLISHED
NEW METAL
FRAME & NEW
METAL DOOR
HARDWARE
34" TO 44"
A B
6' - 8"
4"
12"
12"
4"
6' - 8"
NEW METAL
FRAME & NEW
METAL DOOR
C D
TYP
Edward
Lok Ng
C-16840
REN.11/30/23
LICENSED ARCHITECT
STATE OF CA L I FORNIA
Client:
Consultant:
CAD Draft:
Architect:
Engineer:
Job Number:
Date Issue:
Client:
Designer: Architecture
Interiors
Planning
1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900
These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by written permission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions. 9/22/2023 12:59:35 PM
G:\Project Files\3002 Montebello Senior Ctr Remodel\01-Drawings\01-Revit\3-CD\Montabello Senior Ctr__detached.rvt 115 S. TAYLOR, MONTEBELLO, 90640
A2.1
3002
1-27-2022
MONTEBELLO
LN
LN
LOK
SENIOR CENTER RENOVATION
MONTEBELLO SENIOR CENTER
CITY OF MONTEBELLO
RENOVATION FLOOR
PLAN
EDA
SCALE: 1/4" = 1'-0"1 RENOVATION FLOOR PLAN
RENOVATION NOTES
FINISH MATERIAL NOTES
RENOVATION KEYNOTES
03 06 NEW 3,000 PSI CONCRETE SLAB, 4" THICK MIN. TO MATCH EXISTING CONCRETE SLAB OVER 6 MIL VISQUEEN AND 2" SAND, PROVIDE #4 REBARS @ 24" O.C. AND 6" EMBEDMENT INTO EXISTING SLAB. NEW CONCRETE SLAB TO BE FLUSH WITH EXISTING SLAB.
03 09 HATCH AREA INDICATES NEW FIBER REINFORCE CONCRETE OVER EXISTING CONCRETE SLAB. PROVIDE SUFFICIENT THICKNESS TO MATCH ADJACENT SLAB FINISH LEVEL.
08 04 NEW HOLLOW METAL WINDOWS WITH TEMPERED GLASS.
08 31 EXISTING DOOR TO REMAIN, PROVIDE NEW DOOR HARDWARE. SEE DOOR SCHEDULE FOR MORE INFORMATION.
08 35 NEW HM DOOR AND HOLLOW METAL DOOR FRAME. PROVIDE NEW DOOR
HARDWARE, SEE DOOR SCHEDULE AND SPECIFICATON FOR ADDITIONAL INFORMATION.
09 02 NEW 1/2" THICK RUBBER FLOORING OVER CONCRETE.
09 10 NEW 4" HIGH RUBBER BASE.
09 15 NEW L.V.T. OVER CONCRETE. SEE FINISH MATERIAL SCHEDULE FOR MORE INFORMATION.
09 28 NEW 5/8" GYP BOARD OVER 2X WOOD FRAMING.
09 35 NEW CERAMIC TILE OVER EXISTING MORTAR BED. SLOPE AT 2% MAX. AND 1% MIN. TO FLOOR DRAIN.
09 36 NEW CERAMIC TILE OVER 5/8" CEMENT BOARD AT WALLS. SEE INTERIOR ELEVATIONS.
10 20 NEW SOLID PHENOLIC TOILET PARTITION & URINAL SCREEN. 22 03 EXISTING PLUMBING ACCESS PANEL. PROTECT IN PLACE. 22 20 NEW WALL MOUNTED WATER CLOSET. SEE PLUMBING DRAWINGS FOR MORE INFORMATION.
22 21 NEW ADA COMPLIANT WALL MOUNTED WATERCLOSET. SEE PLUMBING DRAWINGS FOR MORE INFORMATION.
22 23 NEW WALL MOUNTED URINAL. SEE PLUMBING DRAWINGS FOR MORE INFORMATION.
22 24 NEW FLOOR DRAIN WITH ACCESSIBLE COVER, NICKEL BRONZE. SEE PLUMBING DRAWINGS FOR MORE INFORMATION. CONCRETE FLOOR AND TILE FINISH SHALL BE SLOPE 1% MIN. AND 2% MAX. TO DRAIN.
22 26 EXISTING FLOOR DRAIN TO REMAIN IN PLACE. PROVIDE NEW NICKEL BRONZE DRAIN COVER.
22 30 NEW WALL MOUNTED STAINLESS STEEL HI-LO DRINKING FOUNTAIN. 22 31 NEW UNDERMOUNT SINGLE BOWL SINK WITH ADA COMPLIANT FAUCET AND PIPE
INSULATION TO FULLY COVER DRAIN/WATER PIPES AND EXPOSED SHARP/ABRASIVE SURFACES UNDER THE SINK. SEE PLUMBING FIXTURE SCHEDULE.
22 33 NEW ELECTRICA WATER HEATER. SEE PLUMBING DRAWINGS FOR FURTHER INFORMATION.
23 30 EXISTING EXHAUST FAN TO REMAIN.
23 41 NEW SUPPLY/VENT GRILLE, RE-ROUTE, EXTEND, AND RE-CONNECT EXISTING DUCTS AS REQUIRED TO NEW LOCATION OR PROVIDE NEW DUCTS AS NEEDED.
SEE MECHANICAL DRAWINGS FOR DUCTWORK AND ADDITIONAL INFORMATION. 26 06 PROVIDE NEW RECEPTACLE OUTLET W/COVER AND SWITCHING, SEE ELECTRICAL DRAWING FOR FURTHER INFORMATION.
WALL LEGEND
NO.
REVISION
DATE
ISSUED
N
ROOM FINISH SCHEDULE
ROOM
No. ROOM NAME
FLOOR/
BASE
WALLS CEILING
COMMENTS
NORTH EAST SOUTH WEST
MAT. FIN.MAT. FIN. MAT. FIN. MAT. FIN. MAT. FIN.
1 WOMENS PT-2/PT-3 CB-1 PT-1 CB-1 PT-1 CB-1 PT-1 CB-1 PT-1 GYP-1 P-3 2 MENS PT-2/PT-3 CB-1 PT-1 CB-1 PT-1 CB-1 PT-1 CB-1 PT-1 GYP-1 P-3 3 WEIGHT ROOM EPX-1/ RB-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-3 4 COMPUTER
ROOM
EPX-1/ RB-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-3 5 STORAGE EPX-1/ RB-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-3 6 ELECTRICAL EXIST. EXIST. EXIST. EXIST. EXIST. EXIST. EXIST. EXIST. EXIST. EXIST. EXIST. 7 HALLWAY EPX-1/ RB-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-3 8 MULTI-PURPOSE
ROOM
EPX-1/ RB-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-3 9 HALLWAY EPX-1/ RB-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-3 10 JANITOR PT-2/PT-2 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-3 11 STORAGE EPX-1/ RB-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-1 GYP-1 P-3
DOOR SCHEDULE
MARKDOOR
DOOR SIZE DOOR FRAME
HEAD
DETAIL
JAMB
DETAIL
THRESHOLD
DETAIL
HARDWARE SETCOMMENTS
WIDTH
HEIGHT
THK.
TYPE
CONSTRUCT.
FINISH
MATERIAL
FINISH
1 NEW 3' - 0" 6' - 8" 2" A HM P-2 HM P-2 22/A5.0 21/A5.0 2 NEW 3' - 0" 7' - 0" 2" A HM P-2 HM P-2
3 NEW 3' - 0" 6' - 8" 2" A HM P-2 HM P-2 22/A5.0 21/A5.0 4 NEW 5' - 8" 6' - 8" 2" D HM P-2 HM P-2
5 NEW 3' - 0" 6' - 8" 2" C HM P-2 HM P-2
6 NEW 3' - 0" 6' - 8" 2" C HM P-2 HM P-2
7 NEW 6' - 0" 6' - 8" 2" B HM P-2 HM P-2
8 EXISTING 3' - 0" 6' - 8" 2" EXISTING EXISTING EXISTING P-2 9 EXISTING 4' - 2" 7' - 0" 2" EXISTING EXISTING EXISTING P-2 10 EXISTING 3' - 0" 7' - 0" 2" EXISTING EXISTING EXISTING P-2 11 EXISTING 3' - 0" 7' - 0" 2" EXISTING EXISTING EXISTING P-2
DOOR TYPES
SD
SD
SD
SD
SD
SD
SD SD
SD
SD
SD
SD
SD
SD
F
EXISTING BEAM TO REMAIN
EXISTING BEAM TO REMAIN
EXISTING BEAM TO REMAIN
09 E
09 F
09 E
09 E
09 E 09 E
23 C
23 C
23 C
23 C
23 C
23 C
09 E
09 E
09 E
26 B
TYP.
OF 6
26 B TYP.
OF 6
26 B
26 B
26 B
26 B
26 B
26 B 26 B
26 B26 B
TYP.
OF 2
TYP.
OF 8
TYP.
OF 8
TYP. OF 6
TYP.
OF 4
TYP.
OF 2
TYP.
OF 3
26 B
09 F
26 B
26 I
26 I
09 F
09 F
09 F 09 F
09 F
09 E
09 F
26 C
09 E
09 E
23 C 09 E
KITCHENMEN'S
RESTROOM
WOMEN'S
RESTROOM
MULTI-PURPOSE
ROOM
ELECTRICAL STORAGE STORAGE
STORAGE
JANITOR
STORAGE
STORAGE
HALLWAY
09 E
09 E
26 F
26 F
26 I
09 F
09 F
26 I
26 B
TYP. OF 5
09 F09 F
09 F
09 F
26 F
TYP.
OF 5
26 J
26 B
23 C
09 E
26 J
26 B 26 B
26 B
26 B
TYP.
OF 2
TYP.
OF 2
REMOVE SUPPLY AIR GRILLES
REMOVE RETURN AIR GRILLES
REMOVE EXISTING LIGHT FIXTURE
REMOVE LIGHT FIXTURE
EXISTING SMOKE DETECTOR
EXISTING SPEAKER
EXISTING FIRE ALARM
REMOVE EXISTING LIGHT FIXTURE
REMOVE EXISTING LIGHT FIXTURE
REMOVE EXISTING LIGHT FIXTURE
REMOVE EXISTING LIGHT FIXTURE
EXISTING CEILING ACCESS
GFI
S REMOVE SWITCH
REMOVE CONV. OUTLET
REMOVE CONV. OUTLET W/ GFI
EXISTING CONCRETE MASONRY UNIT
EXTERIOR WALLS AND 2X WOOD STUD
INTERIOR WALLS TO REMAIN. PATCH AND
REPAIR TO MATCH EXISTING FINISHES
WHERE DAMAGED BY DEMOLITION.
EXISTING 2x WOOD STUDWALL W/ GYP
BOARD AND/OR CERAMIC TILE
NEW WALL 2X WOOD STUD AT 16" O.C.
WITH 5/8" GYP. BD. BOTH SIDES UNLESS
OTHERWISE NOTED.
WALLS TO BE DEMOLISHED
Edward
Lok Ng
C-16840
REN.11/30/23
LICENSED ARCHITECT
STATE OF CA L I FORNIA
Client:
Consultant:
CAD Draft:
Architect:
Engineer:
Job Number:
Date Issue:
Client:
Designer: Architecture
Interiors
Planning
1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900
These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by written permission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions. 9/22/2023 12:59:36 PM
G:\Project Files\3002 Montebello Senior Ctr Remodel\01-Drawings\01-Revit\3-CD\Montabello Senior Ctr__detached.rvt 115 S. TAYLOR, MONTEBELLO, 90640
A2.2
3002
1-27-2022
MONTEBELLO
LN
LN
LOK
SENIOR CENTER RENOVATION
MONTEBELLO SENIOR CENTER
CITY OF MONTEBELLO
DEMOLITION REFLECTED
CEILING PLAN
EDA
SCALE: 1/4" = 1'-0"1 DEMOLITION REFLECTED CEILING PLAN
DEMOLITION KEYNOTES
09 E REMOVE ACCOUSTIC CEILING TILES AND SOFFIT FRAMING. EXISTING CEILING DRYWALL/PLASTER TO REMAIN. NOTE THAT THE EXISTING 1-HR CEILING RATING SHALL REMAIN AND TO BE PATCHED AND REPAIRED. PREPARE AREA FOR NEW WORK.
09 F REMOVE EXISTING GYP BOARD OR INTERIOR PLASTER AT WALL. 23 C REMOVE EXISTING DUCT WORK,SEE MECHANICAL DRAWINGS FOR FURTHER INFORMATION.
26 B REMOVE EXISTING LIGHT FIXTURES AT CEILING AND PREPARE FOR NEW WORK. SEE ELECTRICAL DRAWINGS FOR ADDITIONAL INFORMATION.
26 C REMOVE EXISTING DATA PANEL. CONTRACTOR TO COORDINATE NEW LOCATION WITH OWNER.
26 F REMOVE EXISTING WALL MOUNTED LIGHT FIXTURE; PREPARE AREA FOR NEW LIGHT FIXTURE TO BE INSTALLED AT NEW HEIGHT. SEE ELECTRICAL DRAWINGS FOR ADDITIONAL INFORMATION.
26 I FIRE ALARM SYSTEM TO REMAIN. TO BE REMOVED AND REINSTALLED, PROVIDE NEW CONDUIT AS NEEDED.
26 J REMOVE EXISTING CEILING FAN, PREPARE AREA FOR NEW WORK.
DEMO. LEGEND SYMBOL
NO.
REVISION
DATE
ISSUED
WALL LEGEND
N
F
F
SD
F
EXISTING BEAM TO REMAIN
EXISTING BEAM TO REMAIN
EXISTING BEAM TO REMAIN
WEIGHT ROOM
3 MENS
2 WOMENS
1 HALLWAY
9 MULTI-PURPOSE
ROOM
8 COMPUTER
ROOM
4 ELECTRICAL
6 STORAGE
11 JANITOR
10 HALLWAY
7 S S
S
S
S
S
S
S
S
S
S
S
S
S
S
09 01
09 01
TYP.
TYP.
09 01
09 01
09 01
09 01
09 01
TYP.
09 01 09 01 09 01
TYP. TYP. TYP.
09 01
09 01
09 01
09 01
TYP.
TYP.
TYP.
TYP.
26 74
23 02
23 02
26 61
TYP.
OF 7
26 61
TYP.
OF 3
26 61 TYP.
OF 3
26 61 TYP.
OF 3
26 61 TYP.
OF 10
26 61
TYP.
OF 4
26 61
26 61
TYP.
OF 22
26 61
TYP.
OF 2
26 61
TYP.
OF 2
TYP.
TYP.
23 02 23 02
TYP. TYP.
23 59
23 59
23 60
23 59
23 6123 61
23 61
EXISTING CONCRETE MASONRY UNIT
EXTERIOR WALLS AND 2X WOOD STUD
INTERIOR WALLS TO REMAIN. PATCH AND
REPAIR TO MATCH EXISTING FINISHES
WHERE DAMAGED BY DEMOLITION.
EXISTING 2x WOOD STUDWALL W/ GYP
BOARD AND/OR CERAMIC TILE
NEW WALL 2X WOOD STUD AT 16" O.C.
WITH 5/8" GYP. BD. BOTH SIDES UNLESS
OTHERWISE NOTED.
WALLS TO BE DEMOLISHED
NEW SUPPLY AIR GRILL SEE
MECHANICAL DRAWINGS
NEW RETURN AIR GRILL SEE
MECHANICAL DRAWINGS
EXISTING LIGHT FIXTURE
EXISTING SMOKE DETECTOR
EXISTING SPEAKER
EXISTING FIRE ALARM
NEW LED LIGHT FIXTURE
NEW EXTERIOR LED LIGHT FIXTURE
EXISTING CEILING ACCESS
GFI
S SWITCH
CONV. OUTLET
CONV. OUTLET W/ GFI
Edward
Lok Ng
C-16840
REN.11/30/23
LICENSED ARCHITECT
STATE OF CA L I FORNIA
Client:
Consultant:
CAD Draft:
Architect:
Engineer:
Job Number:
Date Issue:
Client:
Designer: Architecture
Interiors
Planning
1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900
These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by written permission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions. 9/22/2023 12:59:39 PM
G:\Project Files\3002 Montebello Senior Ctr Remodel\01-Drawings\01-Revit\3-CD\Montabello Senior Ctr__detached.rvt 115 S. TAYLOR, MONTEBELLO, 90640
A2.3
3002
1-27-2022
MONTEBELLO
LN
LN
LOK
SENIOR CENTER RENOVATION
MONTEBELLO SENIOR CENTER
CITY OF MONTEBELLO
RENOVATION REFLECTIVE
CEILING PLAN
EDA
NO.
REVISION
DATE
ISSUED
SCALE: 1/4" = 1'-0"1 RENOVATION REFLECTED CEILING
N
RENOVATION KEYNOTES
09 01 NEW 5/8" TYPE X GYP. BR. FOR 1-HR. RATED CEILING, USE MOISTURE RESISTANT TYPE AT WET LOCATIONS.
23 02 NEW RETURN/SUPPLY, SEE MECHANICAL DRAWING FOR FURTHER INFORMATION. 23 59 NEW WALL MOUNTED AIR CONDITION UNIT. SEE MECHANICAL DRAWINGS FOR MORE INFORMATION.
23 60 NEW INLINE FAN. SEE MECHANICAL DRAWINGS FOR MORE INFORMATION. 23 61 NEW ELECTRIC POWERED SPLIT SYSTEM CONDENSING UNIT WITH NEW CONCRETE PLATFROM, CONTRACTOR TO PROVIDE CUT SHEET. SEE MECHANICAL DRAWINGS FOR MORE INFORMATION.
26 61 NEW SURFACE MOUNTED LED LIGHT FIXTURE. SEE ELECTRICAL DRAWINGS FOR MORE INFORMATION.
26 74 NEW CABLE TRAY TO SUPPORT CONUITS, CABLES, UTILITY LINES.
WALL LEGEND
RENO LEGEND SYMBOL