Oxnard City Council
October 20, 2026

WHEREAS, the City Council approved the fifth amendment (PZ 09-630-03) on June 5, 2012, which increased the maximum number of dwelling units from 2,805 to 3,043 units, and reduced the maximum amount of commercial development from 2,485,000 to 2,098,000 square feet; and
WHEREAS, the City Council approved the sixth amendment (PZ 18-630-01) on February 19, 2019, to amend the text of the RPSP to allow two (2) monument signs in Planning Districts B and C in the specific plan area, subject to subsequent approval of a Development Design Review Permit; and
WHEREAS, the City Council approved the seventh amendment (PZ 20-630-01) on March 15, 2022, which allowed for the option to develop up to 1,025 additional residential units under the RPSP, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential in accordance with specified development scenarios; and WHEREAS, the City Council approved the eighth specific plan amendment (PZ No. 20-630-02), Development Agreement Amendment (PZ 20-670-06), and Special Use Permit (PZ 20-500-07) to allow for Freeway Adjacent Digital Display Billboards within the RPSP; and WHEREAS, on September 3, 2026, the Planning Commission conducted a duly noticed public hearing where written and oral comments were received and reviewed to consider an application for Specific Plan Amendment No. 9 (PZ 26-630-01) in accordance with Chapter 16-575 of the Oxnard City Code; and
WHEREAS, Section 16-581 of the Oxnard City Code authorizes the Planning Commission to recommend the action to be taken by the City Council on the application for a Specific Plan Amendment to the RPSP; and
WHEREAS, the City Council held a duly noticed public hearing on October 20, 2026, and received and reviewed written and oral comments; and
WHEREAS, before approving the Project, the City Council considered Addendum No. 16 together with Final Environmental Impact Report No. 00-03 and the subsequent addenda; and WHEREAS, based on the whole of the administrative record, the City Council finds that the proposed changes require only minor technical changes or additions to the prior environmental analysis and that none of the conditions requiring preparation of a subsequent or supplemental environmental impact report has occurred; and
WHEREAS, the City Council therefore finds that Addendum No. 16 is the appropriate environmental document for the Project; and
WHEREAS, the City Council finds, the proposed Specific Plan Amendment would be consistent with the land uses anticipated by the 2030 General Plan; and 1283
Ordinance No. _____________ (PZ 26-630-01 - RiverPark Specific Plan Amendment) City Council Hearing Date: October 20, 2026

WHEREAS, the City Council finds, the adoption of the Specific Plan Amendment would be in the public interest and a reasonable exercise of the City’s Policy powers to ensure the continued health, safety, and welfare of the public within the City of Oxnard; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council finds that the Riverpark Specific Plan Amendment is internally consistent with all other provisions of the City of Oxnard 2030 General Plan.

SECTION 3. The City Council finds that the RPSP Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. The City Council finds that the project sites associated with the RPSP Amendment are physically suitable for Commercial: Regional land use and in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

SECTION 5. The City Council determines that the RPSP Amendment is in the best interests and welfare of the City and reflects the input from residents, decision-makers, and other stakeholders in the community.

SECTION 6. In adopting this Ordinance for the RPSP Amendment, the City Council finds and determines the project is in compliance with CEQA because Addendum No. 16 to FEIR No. 00-03, and Subsequent Addendums was considered by the Planning Commission at the public hearing. The Addendum to the FEIR No. 00-03 was prepared pursuant to the requirements of the CEQA, Public resources Code §§ 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Oxnard is the Lead Agency. The Addendum is appropriate pursuant to CEQA Guidelines § 15164 since only minor changes and additions are necessary to address the Project changes and no circumstances exist calling for the preparation of a subsequent environmental impact report pursuant to CEQA Guidelines § 15162 and 15163. With implementation of the FEIR No. 00-03 mitigation measures, there is no substantial evidence that the proposed project will have a significant effect upon the environment.

SECTION 7. Based on the findings stated in this Ordinance and the evidence in the administrative record, the City Council hereby approves Planning and Zoning Permit No. 26-630-01, Specific Plan Amendment No. 9 to the RiverPark Specific Plan, as set forth in Exhibit 1284
Ordinance No. _____________ (PZ 26-630-01 - RiverPark Specific Plan Amendment) City Council Hearing Date: October 20, 2026

A.

SECTION 8. Except as expressly amended herein, the RPSP shall remain in full force and effect.

SECTION 9. Pursuant to Government Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this Ordinance, and a certified copy the Ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the Ordinance.

SECTION 10. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No.__________ was first read on October 20, 2026, and finally adopted on _____________________ to become effective thirty (30) days thereafter.

PASSED and ADOPTED by this 20th day of October 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Luis A. Mc Arthur, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Lourdes A. López, City Clerk Stephen M. Fischer, City Attorney 1285
Ordinance No. _____________ (PZ 26-630-01 - RiverPark Specific Plan Amendment) City Council Hearing Date: October 20, 2026

EXHIBIT A
SPECIFIC PLAN AMENDMENT TEXT Changes

PROPOSED AMENDMENTS TO CITY OF OXNARD

RIVERPARK SPECIFIC PLAN
KEY: Blue Underlined = Proposed Additions
Red Strikethrough = Proposed Deletions
Exhibit 2.J (Partial Table)
E Gross Acreage Max Commercial
KSF allowable
Allowable
dwelling unit
range
East Peripheral Commercial District
COMMERCIAL: REGIONAL 7.5 8.9 110
PUBLIC FACILITIES 1.4 NA
Subtotals Planning District E 8.9 110 NA
Section 2.18 and 2.19

2.5.2.5 PLANNING DISTRICT E: East Peripheral Commercial District Location: The 8.9-acre Planning District E is located in the southeastern corner of the RiverPark Project site. It is adjacent to the Ventura Freeway to the south, the existing El Rio Community to the north and Vineyard Avenue to the east. Planning District D (Town Square Commercial District) and District F (Vineyards Neighborhood District) are immediately to the west. This site is easily accessed from the Ventura Freeway, as well as from Myrtle Street (Riverpark Boulevard) and Vineyards Avenue. For the boundaries and location of the Planning District, refer to Exhibit 2.I.

Permitted Land Use: The Permitted Land Use are Commercial: Regional and Public Facilities.

The Specific Plan accommodates up to 111 110 KSF of freeway-oriented commercial uses, a maximum of five stories high, including offices, retail and take-out restaurants that could best benefit from this access and visibility. A landscaped buffer shields the buildable sites from the freeway.

Specially Permitted Land Use: Yes
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Ordinance No. _____________ (PZ 26-630-01 - RiverPark Specific Plan Amendment) City Council Hearing Date: October 20, 2026

Vertical Mixed-Use Overlay: No
Optional Live/Work Units: No
Other Specific Plan Development Controls: Refer to the following sections for additional development controls and implementation information in District E:

Section 3: Commercial Master Plan
Section 5: Landscape Master Plan
Section 6: Infrastructure Master Plan
Section 7: Specific Plan Implementation
Land Use Summary*
Permitted Land Use Gross Acreage Max KSF Allowable
COMMERCIAL: REGIONAL 7.5 8.9 111 110
PUBLIC FACILITIES 1.4 NA
Planning District E Totals 8.9 acres 111110 KSF
Land Use Allowed Use
Commercial: Regional Freestanding restaurants; restaurants involving any drive-in or drive-through facilities.

Banks; savings and loan associations and other
financial institutions.

Pharmacies, primarily engaged in the
merchandizing of pharmaceuticals and medical
supplies.

Retail uses such as restaurants, coffee shops
and gift shops and services such as barber
shops, health centers and clubs and travel and
ticket agencies.

Office uses
On-sale and off-sale alcohol*
Similar uses as determined acceptable by the
Director of the Development Services
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Ordinance No. _____________ (PZ 26-630-01 - RiverPark Specific Plan Amendment) City Council Hearing Date: October 20, 2026

Department Community Development
Department of the City of Oxnard.

Public Facilities Park maintenance facility
Notes:
* Civic Assembly use (educational, cultural, social, human services, civic assembly, not-for-profit organizations, governmental) and On-Sale and Off-Sale alcohol are allowed subject to granting of a Specially Permitted Use Permit based on conditions identified in Section 7. 1288
Ordinance No. _____________ (PZ 26-630-01 - RiverPark Specific Plan Amendment) City Council Hearing Date: October 20, 2026

Exhibit 2.B (LAND USE PLAN: PERMITTED USES)
1289
RiverPark Specific Plan Amendment
PZ 26-630-01 (Specific Plan Amendment)
City Council
Applicant: David Metchis, City of Oxnard
Case Planner: Jamie Peltier, Planning Supervisor
October 20, 2026 1
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Project Description
A request to amend the Riverpark Specific Plan to change the land use designation of “Public Facilities” to “Commercial: Regional” within Planning District E of the Riverpark Specific Plan located at APNs: 132-0-033-010, 132-0-311-065, and 132-0-311-075. The sites are vacant and there is no development at this time.

The project completed an Addendum to the Final Environmental Impact Report (FEIR No. 00-03).
2 1291
Project Location
AREA
N
3 101 Freeway
Riverpark Blvd
Vineyard Ave
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Background
4 ● The RiverPark Specific Plan was adopted in 2002 with subsequent amendments since its adoption allowing 4,068 dwelling units and 1,536,000 square feet of commercial space.
● The project area is in Planning District E, which was originally approved as Commercial Regional and changed to Public Facilities in 2012. The adjacent properties are zoned Commercial Regional and are developed with a McDonald’s, Krispy Kreme Doughnuts, and WSS Shoes. ● The City of Oxnard owns three of the parcels within Planning District E. ○ APN 132-0-311-075 is entitled for a Freeway Adjacent Digital Display Billboard
○ APN 132-0-033-010 is in negotiations with a Dynamic Real Estate Partners LLC to purchase and develop with commercial
development. An Exclusive Negotiation Agreement was approved by City Council on March 3, 2026.
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General Plan
5 Existing General
Plan Land Use -
Commercial
Regional
1294
RiverPark Zoning Designations - Existing
6 RiverPark Specific Plan - Planning District E
Public Facilities
Commercial: Regional
1295
RiverPark Zoning Designations - Proposed
7 RiverPark Specific Plan - Planning District E
Commercial: Regional
1296
Allowed Uses - Existing and Proposed
8 RiverPark Specific Plan - Planning District E
Permitted Land Use Gross Acreage Max KSF Allowable
COMMERCIAL:

REGIONAL

7.5 8.9 111 110
PUBLIC FACILITIES 1.4 NA
Planning District E Totals 8.9 acres 111 110 KSF
1297
Allowed Uses - Existing and Proposed
9 RiverPark Specific Plan - Planning District E
1298
Environmental Review
In 2002, Final Environmental Impact Report (FEIR) No. 00-03 was certified and subsequent addendums were processed.

This Addendum No. 16 was prepared to evaluate potential environmental impacts of the proposed Project in accordance with California Environmental Quality Act (CEQA), Public resources Code § 21000, et seq. the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines.

The analysis determined that the project would not result in new or more severe impacts those identified in the FEIR for the Original Project. 10 1299
Planning Commission Hearing
September 3, 2026
Public hearing help to consider the Specific Plan Amendment to the RiverPark Specific Plan.

The Planning Commission made a motion with no changes and the final motion carried 6 (in favor) - 0 (against).
11 1300
Recommendation
That the City Council:

1. Conduct a Public Hearing;

2. Certify Addendum No. 16 to Final Environmental Impact Report No. 00-03 together with the previously certified Final Environmental Impact Report and subsequent addenda, and determine that no subsequent or supplemental environmental impact report is required.; and

3. Approve the first reading by title only and waive further reading of the proposed ordinance titled: AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 26-630-01 (SPECIFIC PLAN AMENDMENT NO. 9 TO THE RIVERPARK

SPECIFIC PLAN) TO CHANGE THE PUBLIC FACILITIES LAND USE DESIGNATION WITHIN PLANNING DISTRICT E TO COMMERCIAL:

REGIONAL.
12 1301

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1
DATE: October 20, 2026
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Approve Budget Appropriations for Awarded Federal Emergency Management Agency (FEMA) Grants.

RECOMMENDATION
That the City Council approve budget appropriations for two (2) FEMA Fiscal Year 2025 Assistance to Firefighters Grants, in the amount of $1,550,786.20, including a $140,980.57 local match requirement. (This item did not originate in Committee as it is a continuation of an item previously approved by the City Council on July 30, 2026.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/tuG4whcj5Bk

BACKGROUND
Assistance to Firefighters (AFG) and Fire Prevention and Safety (FP&S) Grants are federal grant programs administered by FEMA under the U.S. Department of Homeland Security. These programs provide annual funding opportunities to fire departments, non-affiliated emergency medical services organizations, and other eligible state and local agencies to improve emergency response capabilities.

Oxnard Fire and its regional partner agencies are eligible and routinely apply for these annual grant opportunities to obtain critically needed resources to maintain and enhance public safety and to protect emergency personnel from fire and related hazards. On June 22, 2026, the Fire Department submitted three (3) AFG grant applications and one (1) FP&S application, and Ventura County Fire Protection District (VCFPD) submitted one (1) regional AFG application. Of the four applications submitted, Oxnard was awarded one (1) AFG grant directly and one (1) grant as a subrecipient under the regional AFG grant application submitted by the VCFPD. The City Council ratified approval to apply for these grants on July 30, 2026. However, upon award of grants, the Fire Department was to return to City Council to request the grant budget appropriations.

DISCUSSION
On September 29, 2026, Oxnard Fire was awarded one (1) AFG grant for paramedic training. The grant funds will be used to send ten (10) firefighter emergency medical technicians to paramedic school to educate and license them to the level of “Paramedic.” The grant award in the amount of $1,383,668.20 has a $125,788.02 local match requirement. The paramedic training grant will enable the City of Oxnard to continue expanding its paramedic capabilities to meet the growing needs of our community.

VCFPD was also awarded one (1) regional application for $2,707,420.00 to procure self-contained breathing apparatus (SCBAs) and RIT packs. Oxnard's share of the grant is $167,118, requiring a $15,192.55 local match requirement for 21 SCBAs. SCBAs is critical when responding to incidents involving contaminated airspace, such as fires, gas leaks, and hazardous materials calls. The grant funding will allow Oxnard Fire to increase its inventory and carrying capability of SCBAs.
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STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT
The awarded grants will require total budget appropriations of $1,550,786.20 in the City Grant Fund (Fund 200), including a $140,980.57 local match requirement (10% of the federal share). The reimbursable federal share is $1,409,805.63.

The local match is expected to come from the General Fund, budgeted in account 1012501-59810.

Grant Award
Amount
Federal Share Local Match
Requirement
FY25 Assistance to Firefighters Grant for Paramedic Training $1,383,668.20 $1,257,880.18 $125,788.02 FY25 Assistance to Firefighters Regional Grant for
Procurement of self-contained breathing apparatus (SCBAs) $ 167,118.00 $ 151,925.45 $ 15,192.55
Total $1,550,786.20 $1,409,805.63 $140,980.57

COMMITTEE OUTCOME
This item did not originate in Committee as it is a continuation of an item previously approved by the City Council on July 30, 2026.

Prepared by: Alexander Hamilton, Fire Chief, Rose Rodarte, Administrative Services Manager, Francine Gutierrez, Administrative Services Analyst

ATTACHMENTS

1. FY25 AFG Grant for SCBAs Award Letter

2. FY25 AFG Grant for Paramedic Training Award Letter

3. Presentation FEMA Grants
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Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/29/2026
Gene Fong

VENTURA COUNTY FIRE PROTECTION DISTRICT
2400 CONEJO SPECTRUM ST
THOUSAND OAKS, CA 91320
EMW-2025-FG-03825
Dear Gene Fong,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2025 Assistance to Firefighters Grant (FG) Grant funding opportunity has been approved in the amount of $2,461,290.90 in Federal funding. As a condition of this award, you are required to contribute non-Federal funds equal to or greater than $246,129.10 for a total approved budget of $2,707,420.00. Please see the FY 2025 FG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2025 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.

Sincerely,
Cynthia Spishak
Acting Associate Administrator
Resilience
1304
Summary Award Memo
Program: Fiscal Year 2025 Assistance to Firefighters Grant Recipient: VENTURA COUNTY FIRE PROTECTION DISTRICT
UEI-EFT: RBMJHJNKTE15
Award number: EMW-2025-FG-03825
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2025 Assistance to Firefighters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):
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Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2025 FG NOFO.

Approved request details:

Object Class Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $2,707,420.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $2,461,290.90
Non-federal $246,129.10
Total $2,707,420.00
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Personal Protective Equipment (PPE)
SCBA: SCBA Unit includes: Harness/Backpack, Face Piece and 2 cylinders

DESCRIPTION
308 SCBA complete units which includes Harness/Backpack assembly, Face Piece, and two 4500psi 30-minute cylinders. Vendor will provide service and maintenance for 1 year and training. Price of $7958 per SCBA complete unit includes sales tax and shipping costs.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 308 $7,958.00 $2,451,064.00 Equipment
Additional funding

DESCRIPTION
NFPA 1981 and 1407 Compliant Rapid Intervention Team (RIT) Pack, according to the Notice of Funding Opportunity (NOFO) instructions on Page 47, RIT Packs can be added to support an SCBA request as a spare cylinder. The RIT Packs will have high pressure supply line for emergency breathing or filling, buddy breathing manifold and hose, carrying harness, and be with equipped with a 4500psi cylinder. Price includes service for 1 year, training, shipping and tax.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 36 $7,121.00 $256,356.00 Equipment

CHANGE FROM APPLICATION
Item from SCBA Spare Cylinders to Additional funding

JUSTIFICATION
Item from SCBA Spare Cylinders to Additional funding per FY 2025 Notice of Funding Oppotunity Instructions
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Agreement Articles
Program: Fiscal Year 2025 Assistance to Firefighters Grant Recipient: VENTURA COUNTY FIRE PROTECTION DISTRICT
UEI-EFT: RBMJHJNKTE15
Award number: EMW-2025-FG-03825
Table of contents
1308
Article
1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Article
2 General Acknowledgements and Assurances
Article
3 Age Discrimination Act of 1975
Article
4 American Security Drone Act of 2023
Article
5 Americans with Disabilities Act of 1990
Article
6 Civil Rights Act of 1964 – Title VI
Article
7 Civil Rights Act of 1968 – Title VIII
Article
8 Communication and Cooperation with the Department of Homeland Security and Immigration Officials
Article
9 CHIPS and Science Act of 2022
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug Free Workplace Act of 1988
Article
13 Duplicative Costs
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 Energy Policy and Conservation Act of 1975
Article
16 Equal Treatment of Faith-Based Organizations
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Anti-Discrimination Laws Material to the Government’s Payment Decisions Under the False Claims Act
Article
19 Federal Debt Status
Article
20 Fly America Act
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Lobbying Prohibitions
Article
24 National Environmental Policy Act
Article
25 National Security Presidential Memorandum-33 (NSPM-33) and Provisions of the Science and CHIPS Act of 2022
Article
26 Patents and Intellectual Property Rights
1309
Article
27 Procurement of Recovered Materials
Article
28 Rehabilitation Act of 1973
Article
29 Reporting Recipient Integrity and Performance Matters Article
30 Reporting Subawards and Executive Compensation
Article
31 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
32 Subrecipient Monitoring and Management
Article
33 System for Award Management and Unique Entity Identifier Requirements Article
34 Termination of a Federal Award
Article
35 Trafficking Victims Protection Act of 2000
Article
36 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act of 2001) Article
37 Whistleblower Protection Act
Article
38 All Executive Orders Related to Grants
Article
39 Executive Order 14332, Improving Oversight of Federal Grantmaking Article
40 Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving
Article
41 Executive Order 13224, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism Article
42 Acknowledgement of Federal Funding from DHS
Article
43 Activities Conducted Abroad
Article
44 Collection and Use of Personally Identifiable Information Article
45 Non-Supplanting Requirements
Article
46 Notice of Funding Opportunity (NOFO) Requirements
Article
47 SAFECOM
Article
48 Use of DHS Seal, Logo, and Flags
Article
49 Environmental Planning and Historic Preservation (EHP) Review Article
50 Applicability of DHS Standard Terms and Conditions to Tribal Nations Article
51 Acceptance of Post Award Changes
Article
52 Disposition of Equipment Acquired Under the Federal Award 1310
Article
53 Prior Approval for Modification of Approved Budget
Article
54 Build America, Buy America Act (BABAA) Required Contract Provision & SelfCertification Article
55 Award Performance Goals
Article
56 Indirect Cost Rate
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Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances, as instructed.

Article 2 General Acknowledgements and Assurances
a. Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. b. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. 1) Recipients must cooperate with any DHS compliance reviews or compliance investigations. 2) Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. 3) Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4) Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The definition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference.

Article 3 Age Discrimination Act of 1975
Recipients must comply with the Age Discrimination Act of 1975, Public Law 94- 135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits recipients from discriminating on the basis of age in any program or activity receiving federal financial assistance.

Article 4 American Security Drone Act of 2023
Recipients must comply with the American Security Drone Act of 2023, of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31 (41 U.S.C. § 3901 note prec.), which prohibits the procurement and operation of covered unmanned aircraft systems manufactured or assembled by covered foreign entities.
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Article 5 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 6 Civil Rights Act of 1964 – Title VI
Recipients must comply with the Civil Rights Act of 1964, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

DHS implementing regulations are in 6 C.F.R. Part 21. The Federal Emergency Management Agency’s (FEMA) implementing regulations are in 44 C.F.R. Part 7.

Article 7 Civil Rights Act of 1968 – Title VIII
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90- 284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. See 24 C.F.R. Part 100, Subpart D. 1313
Article 8 Communication and Cooperation with the Department of Homeland Security and Immigration Officials
(1) The Department of Homeland Security will analyze whether the conditions in this section will be applied to any grant program in a way that is consistent with the specific statutes that apply to each grant program because the purpose of each grant program has a nexus to immigration activities, law enforcement, or national security, including preventing and responding to acts of terrorism and extremism, and DHS may tailor the conditions in this section to a specific grant program. DHS will clarify in the grant documents whether and how the terms in this section apply to each grant. (2) Where applicable, recipients and subrecipients of funds under an award must agree that they will comply with the following requirements related to coordination and cooperation with DHS and immigration officials: (a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. §§ 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration officials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d) That they will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (3) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term.

Additionally, the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (4) The recipient agrees that compliance with this term is material to the Government’s decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term.
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Article 9 CHIPS and Science Act of 2022
(1) Recipients of DHS research and development (R&D) awards must report to the DHS Component research program office any finding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators (PI) or co-investigators (Co-PI) to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose the following information to agencies within 10 days of the date that the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co-PI being reported, (c) Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event, which should not disclose personally identifiable information regarding any complaints or individuals involved.

Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) Definitions. (a) An “authorized organizational representative (AOR)” is an administrative official who, on behalf of the proposing institution, is empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b) “Principal investigators and co-principal investigators” are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) “Sex based harassment” means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment, whether such activity is carried out by a supervisor or by a co-worker, volunteer, or contractor.

Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.
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Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R.

Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug Free Workplace Act of 1988
Recipients must comply with the Drug-Free Workplace Act of 1988 and drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the government-wide implementation of the Drug-Free Workplace Act of 1988.

Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the current or a prior budget period. However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. FEMA’s implementing regulations are in 44 C.F.R. Part 19.

Article 15 Energy Policy and Conservation Act of 1975
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act of 1975.

Article 16 Equal Treatment of Faith-Based Organizations Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.
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Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibits the submission of false or fraudulent claims for payment to the Federal Government and details the administrative remedies for false claims and statements made.

Article 18 Federal Anti-Discrimination Laws Material to the Government’s Payment Decisions Under the False Claims Act
Recipients must agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of 31 U.S.C. § 3729(b)(4) (Definition of “material”). (1) Definitions. As used in this term – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means “diversity, equity, inclusion, and accessibility.” (c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190. (d) Federal anti-discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States. (2) Grant award certification. (a) By accepting the grant award, recipients are certifying that:
(i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii) They do not, and will not during the term of this award, operate any program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial assistance awards if the Secretary of Homeland Security or the Secretary’s designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law.

Article 19 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments.

Article 20 Fly America Act
Recipients must comply with Preference for U.S. Flag Air Carriers (Certificated Air Carriers List | US Department of Transportation) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
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Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990.

Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are prohibited from obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200.

Article 23 Lobbying Prohibitions
None of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Recipients must file a lobbying certification form found on Grants.gov Lobbying Form as described in Appendix A to 6 C.F.R.

Part 9, and file a lobbying disclosure form as described in Appendix B to 6 C.F.R.

Part 9 found on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 24 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA).

Article 25 National Security Presidential Memorandum-33 (NSPM-33) and Provisions of the Science and CHIPS Act of 2022
(1) Recipient research institutions (“covered institutions”) must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codified at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to: (a) cybersecurity; (b) foreign travel security; (c) research security training; and (d) export control training, as appropriate. (2) Definition. “Covered institutions” means recipient research institutions receiving federal Research and Development (R&D) science and engineering support “in excess of $50 million per year.” Article 26 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
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Article 27 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 28 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Article 29 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide federal award term and condition for Recipient Integrity and Performance Matters in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 30 Reporting Subawards and Executive Compensation For federal awards that total or exceed $30,000, recipients are required to comply with the government-wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. 1319
Article 31 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
(1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2) 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. (3) Waivers. When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. a. When the Federal agency has determined that one of the following exceptions applies, the federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: i. applying the domestic content procurement preference would be inconsistent with the public interest; ii. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or iii. 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%. b. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. c. There may be instances where a federal award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. (4) Definitions. The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

Article 32 Subrecipient Monitoring and Management
Pass-through entities must comply with the requirements for subrecipient monitoring and management.
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Article 33 System for Award Management and Unique Entity Identifier Requirements Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 34 Termination of a Federal Award
(1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) 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; (c) Pursuant to the terms and conditions of the federal award; or (d) For convenience, pursuant to Executive Order 14332, Improving Oversight of Federal Grantmaking, including when the award no longer advances agency priorities or the national interest, but subject to appropriate exceptions, including agreements entered into in furtherance of international trade agreements or those awarded by the Department of Commerce under title XCIX of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), the CHIPS and Science Act of 2022 (Public Law 117-167), or Division F of the Infrastructure Investment and Jobs Act (Public Law 117-58). (2) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written notification to DHS stating the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (3) Notice. Either party will provide written notice of intent to terminate for any reason to the other party no less than 30 calendar days prior to the effective date of the termination. (4) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2 C.F.R. §§ 200.344-200.345 after an award is terminated.

Article 35 Trafficking Victims Protection Act of 2000
Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of 2000, Pub. L. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference.

Article 36 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act of 2001) Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175–175c.

Article 37 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 4701 and 41 U.S.C. § 4712.
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Article 38 All Executive Orders Related to Grants
Presidential Executive Orders. Recipients must comply with the requirements and actions of Presidential executive orders related to grants (also known as federal assistance and financial assistance), including those published after the date of this publication, the full text of which are incorporated by reference.

Article 39 Executive Order 14332, Improving Oversight of Federal Grantmaking Draw Down of Funds. Recipients are prohibited from directly drawing down general grant funds for specific projects without the affirmative authorization of DHS.

Recipients must provide written payment justification, with specificity, for requests for each drawdown.

Article 40 Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving
Federal Leadership on Reducing Text Messaging While Driving. Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513.

Article 41 Executive Order 13224, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism Terrorist Financing. Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism.

Recipients are legally responsible for ensuring compliance with the Executive Order and laws.

Article 42 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

Article 43 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.
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Article 44 Collection and Use of Personally Identifiable Information (1) Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. (2) Definition. DHS defines “PII” as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.

Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 45 Non-Supplanting Requirements
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 46 Notice of Funding Opportunity (NOFO) Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the NOFO for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.

Article 47 SAFECOM
Recipients receiving federal awards made under DHS programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 48 Use of DHS Seal, Logo, and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. 1323
Article 49 Environmental Planning and Historic Preservation (EHP) Review FEMA funded activities that could impact the environment and historic properties are subject to the FEMA EHP review process. 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. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders (EO). General guidance for FEMA’s EHP process is available on FEMA.gov. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant program officer to be put in contact with EHP staff responsible for assisting with their specific grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project. Otherwise, FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identified in the initial review. If ground is disturbed during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA’s regulations at 44 C.F.R.

Part 9 implement the EOs and require an eight-step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland.

Article 50 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation.

The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist.

Article 51 Acceptance of Post Award Changes
Should FEMA determine that an error has been made in the award package, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at ASK[email protected] for any questions. 1324
Article 52 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non-state recipient or subrecipient (including subrecipients of a state or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313(e). State recipients must follow the disposition requirements in accordance with state laws and procedures noted in 2 C.F.R. § 200.313(b). Tribal Nations must follow the disposition requirements in accordance with tribal laws and procedures noted in 2 C.F.R. § 200.313(b); and if such laws and procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. § 200.313(e).

Article 53 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C.F.R. § 200.308. For purposes of non-construction projects, FEMA is using its discretion to impose an additional restriction under 2 C.F.R. § 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $350,000) and where the cumulative amount of such transfers exceeds or is expected to exceed 10% of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R. § 200.308(f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work.

Any deviations from a FEMA approved budget must be reported in the first Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification
In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA financial assistance programs that are subject to BABAA must include a Buy America Preference contract provision as noted in 2 C.F.R. § 184.4 and a contractor self-certification as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure Policy (FEMA Policy #207-22-0001). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA.
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Article 55 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

Article 56 Indirect Cost Rate
2 C.F.R. § 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the approved indirect cost rate associated with the award must be documented in the budget or other award materials approved by FEMA and maintained in the official award file. 1326
Obligating document

1. Agreement No.

EMW-2025-FG03825

2. Amendment
No.

N/A

3. Recipient
No.
956000944

4. Type of
Action
AWARD

5. Control No.

WX01671N2026T

6. Recipient Name and Address

VENTURA COUNTY FIRE

PROTECTION DISTRICT
2400 CONEJO SPECTRUM ST
THOUSAND OAKS, CA 91320

7. Issuing FEMA Office
and Address
Grant Programs
Directorate
500 C Street, S.W.

Washington DC, 20528-
7000
1-866-927-5646

8. Payment Office and
Address
FEMA, Financial
Services Branch
500 C Street, S.W.,
Room 723
Washington DC, 20742

9. Name of Recipient
Project Officer
Gene Fong
9a. Phone
No.
8054023217

10. Name of FEMA Project
Coordinator
Assistance to Firefighters Grant
Program
10a. Phone
No.
1-866-274-
0960

11. Effective Date of
This Action
09/29/2026

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
10/06/2026 to
10/05/2028
Budget Period
10/06/2026 to
10/05/2028

15. Description of Action a. (Indicate funding data for awards or financial changes) Program
Name
Abbreviation
Assistance
Listing No.

Accounting
Data
(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action +
or (-)
Current Total
Award
Cumulative
Non-Federal
Commitment
FG 97.044
2026-FKGB01 -
P410-xxxx4101-D
$0.00 $2,461,290.90 $2,461,290.90 246,129.10
Totals $0.00 $2,461,290.90 $2,461,290.90 $246,129.10
b. To describe changes other than funding data or financial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This field is not applicable for digitally signed grant agreements

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
Cynthia Spishak, Acting Associate Administrator Resilience DATE
09/29/2026
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Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/29/2026
Alex Hamilton

CITY OF OXNARD
300 WEST THIRD STREET ATTN: FINANCE
OXNARD, CA 93030
EMW-2025-FG-06827
Dear Alex Hamilton,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2025 Assistance to Firefighters Grant (FG) Grant funding opportunity has been approved in the amount of $1,257,880.18 in Federal funding. As a condition of this award, you are required to contribute non-Federal funds equal to or greater than $125,788.02 for a total approved budget of $1,383,668.20. Please see the FY 2025 FG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2025 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.

Sincerely,
Cynthia Spishak
Acting Associate Administrator
Resilience
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Summary Award Memo
Program: Fiscal Year 2025 Assistance to Firefighters Grant Recipient: CITY OF OXNARD
UEI-EFT: JKLUB9N3DXH7
Award number: EMW-2025-FG-06827
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2025 Assistance to Firefighters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):
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Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2025 FG NOFO.

Approved request details:

Object Class Total
Personnel $1,130,298.40
Fringe benefits $0.00
Travel $54,400.00
Equipment $0.00
Supplies $0.00
Contractual $198,969.80
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $1,257,880.18
Non-federal $125,788.02
Total $1,383,668.20
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Training
Paramedic

DESCRIPTION
Paramedic pre-course is required as part of the application process for Daniel Freeman Paramedic School. We are requesting funds for the backfill to attend. Our top step Firefighter hourly overtime rate is $68.42 per hour. We are estimating 72 hours of backfill, but the hours will vary depending on the shift the member is on that week.

QUANTITY UNIT PRICE TOTAL
10 $4,926.24 $49,262.40

BUDGET CLASS
Personnel
Paramedic

DESCRIPTION
Daniel Freeman's Paramedic school consists of 952 hours of didactic/clinical training and 560 hours of internship. We also pay our members for an additional 68 hours of commuting to their hospital/clinical shifts. The total hour requirement for this request is 1580 hours. Our top step firefighter's hourly rate is $68.42.

QUANTITY UNIT PRICE TOTAL
10 $108,103.60 $1,081,036.00

BUDGET CLASS
Personnel
1331
Paramedic

DESCRIPTION
This request is for the tuition and required materials, including textbooks, stethoscopes, and scrubs for clinical rotation.

QUANTITY UNIT PRICE TOTAL
10 $19,896.98 $198,969.80

BUDGET CLASS
Contractual
Paramedic

DESCRIPTION
The cost of travel to attend paramedic training, including lodging, mileage, and parking.

QUANTITY UNIT PRICE TOTAL
10 $5,440.00 $54,400.00

BUDGET CLASS
Travel
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Agreement Articles
Program: Fiscal Year 2025 Assistance to Firefighters Grant Recipient: CITY OF OXNARD
UEI-EFT: JKLUB9N3DXH7
Award number: EMW-2025-FG-06827
Table of contents
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Article
1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Article
2 General Acknowledgements and Assurances
Article
3 Age Discrimination Act of 1975
Article
4 American Security Drone Act of 2023
Article
5 Americans with Disabilities Act of 1990
Article
6 Civil Rights Act of 1964 – Title VI
Article
7 Civil Rights Act of 1968 – Title VIII
Article
8 Communication and Cooperation with the Department of Homeland Security and Immigration Officials
Article
9 CHIPS and Science Act of 2022
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug Free Workplace Act of 1988
Article
13 Duplicative Costs
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 Energy Policy and Conservation Act of 1975
Article
16 Equal Treatment of Faith-Based Organizations
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Anti-Discrimination Laws Material to the Government’s Payment Decisions Under the False Claims Act
Article
19 Federal Debt Status
Article
20 Fly America Act
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Lobbying Prohibitions
Article
24 National Environmental Policy Act
Article
25 National Security Presidential Memorandum-33 (NSPM-33) and Provisions of the Science and CHIPS Act of 2022
Article
26 Patents and Intellectual Property Rights
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Article
27 Procurement of Recovered Materials
Article
28 Rehabilitation Act of 1973
Article
29 Reporting Recipient Integrity and Performance Matters Article
30 Reporting Subawards and Executive Compensation
Article
31 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
32 Subrecipient Monitoring and Management
Article
33 System for Award Management and Unique Entity Identifier Requirements Article
34 Termination of a Federal Award
Article
35 Trafficking Victims Protection Act of 2000
Article
36 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act of 2001) Article
37 Whistleblower Protection Act
Article
38 All Executive Orders Related to Grants
Article
39 Executive Order 14332, Improving Oversight of Federal Grantmaking Article
40 Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving
Article
41 Executive Order 13224, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism Article
42 Acknowledgement of Federal Funding from DHS
Article
43 Activities Conducted Abroad
Article
44 Collection and Use of Personally Identifiable Information Article
45 Non-Supplanting Requirements
Article
46 Notice of Funding Opportunity (NOFO) Requirements
Article
47 SAFECOM
Article
48 Use of DHS Seal, Logo, and Flags
Article
49 Environmental Planning and Historic Preservation (EHP) Review Article
50 Applicability of DHS Standard Terms and Conditions to Tribal Nations Article
51 Acceptance of Post Award Changes
Article
52 Disposition of Equipment Acquired Under the Federal Award 1335
Article
53 Prior Approval for Modification of Approved Budget
Article
54 Build America, Buy America Act (BABAA) Required Contract Provision & SelfCertification Article
55 Award Performance Goals
Article
56 Indirect Cost Rate
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Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances, as instructed.

Article 2 General Acknowledgements and Assurances
a. Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. b. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. 1) Recipients must cooperate with any DHS compliance reviews or compliance investigations. 2) Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. 3) Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4) Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The definition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference.

Article 3 Age Discrimination Act of 1975
Recipients must comply with the Age Discrimination Act of 1975, Public Law 94- 135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits recipients from discriminating on the basis of age in any program or activity receiving federal financial assistance.

Article 4 American Security Drone Act of 2023
Recipients must comply with the American Security Drone Act of 2023, of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31 (41 U.S.C. § 3901 note prec.), which prohibits the procurement and operation of covered unmanned aircraft systems manufactured or assembled by covered foreign entities.
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Article 5 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 6 Civil Rights Act of 1964 – Title VI
Recipients must comply with the Civil Rights Act of 1964, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

DHS implementing regulations are in 6 C.F.R. Part 21. The Federal Emergency Management Agency’s (FEMA) implementing regulations are in 44 C.F.R. Part 7.

Article 7 Civil Rights Act of 1968 – Title VIII
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90- 284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. See 24 C.F.R. Part 100, Subpart D. 1338
Article 8 Communication and Cooperation with the Department of Homeland Security and Immigration Officials
(1) The Department of Homeland Security will analyze whether the conditions in this section will be applied to any grant program in a way that is consistent with the specific statutes that apply to each grant program because the purpose of each grant program has a nexus to immigration activities, law enforcement, or national security, including preventing and responding to acts of terrorism and extremism, and DHS may tailor the conditions in this section to a specific grant program. DHS will clarify in the grant documents whether and how the terms in this section apply to each grant. (2) Where applicable, recipients and subrecipients of funds under an award must agree that they will comply with the following requirements related to coordination and cooperation with DHS and immigration officials: (a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. §§ 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration officials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d) That they will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (3) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term.

Additionally, the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (4) The recipient agrees that compliance with this term is material to the Government’s decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term.
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Article 9 CHIPS and Science Act of 2022
(1) Recipients of DHS research and development (R&D) awards must report to the DHS Component research program office any finding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators (PI) or co-investigators (Co-PI) to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose the following information to agencies within 10 days of the date that the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co-PI being reported, (c) Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event, which should not disclose personally identifiable information regarding any complaints or individuals involved.

Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) Definitions. (a) An “authorized organizational representative (AOR)” is an administrative official who, on behalf of the proposing institution, is empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b) “Principal investigators and co-principal investigators” are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) “Sex based harassment” means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment, whether such activity is carried out by a supervisor or by a co-worker, volunteer, or contractor.

Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.
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Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R.

Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug Free Workplace Act of 1988
Recipients must comply with the Drug-Free Workplace Act of 1988 and drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the government-wide implementation of the Drug-Free Workplace Act of 1988.

Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the current or a prior budget period. However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. FEMA’s implementing regulations are in 44 C.F.R. Part 19.

Article 15 Energy Policy and Conservation Act of 1975
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act of 1975.

Article 16 Equal Treatment of Faith-Based Organizations Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.
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Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibits the submission of false or fraudulent claims for payment to the Federal Government and details the administrative remedies for false claims and statements made.

Article 18 Federal Anti-Discrimination Laws Material to the Government’s Payment Decisions Under the False Claims Act
Recipients must agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of 31 U.S.C. § 3729(b)(4) (Definition of “material”). (1) Definitions. As used in this term – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means “diversity, equity, inclusion, and accessibility.” (c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190. (d) Federal anti-discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States. (2) Grant award certification. (a) By accepting the grant award, recipients are certifying that:
(i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii) They do not, and will not during the term of this award, operate any program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial assistance awards if the Secretary of Homeland Security or the Secretary’s designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law.

Article 19 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments.

Article 20 Fly America Act
Recipients must comply with Preference for U.S. Flag Air Carriers (Certificated Air Carriers List | US Department of Transportation) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
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Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990.

Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are prohibited from obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200.

Article 23 Lobbying Prohibitions
None of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Recipients must file a lobbying certification form found on Grants.gov Lobbying Form as described in Appendix A to 6 C.F.R.

Part 9, and file a lobbying disclosure form as described in Appendix B to 6 C.F.R.

Part 9 found on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 24 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA).

Article 25 National Security Presidential Memorandum-33 (NSPM-33) and Provisions of the Science and CHIPS Act of 2022
(1) Recipient research institutions (“covered institutions”) must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codified at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to: (a) cybersecurity; (b) foreign travel security; (c) research security training; and (d) export control training, as appropriate. (2) Definition. “Covered institutions” means recipient research institutions receiving federal Research and Development (R&D) science and engineering support “in excess of $50 million per year.” Article 26 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
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Article 27 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 28 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Article 29 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide federal award term and condition for Recipient Integrity and Performance Matters in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 30 Reporting Subawards and Executive Compensation For federal awards that total or exceed $30,000, recipients are required to comply with the government-wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. 1344
Article 31 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
(1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2) 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. (3) Waivers. When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. a. When the Federal agency has determined that one of the following exceptions applies, the federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: i. applying the domestic content procurement preference would be inconsistent with the public interest; ii. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or iii. 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%. b. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. c. There may be instances where a federal award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. (4) Definitions. The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

Article 32 Subrecipient Monitoring and Management
Pass-through entities must comply with the requirements for subrecipient monitoring and management.
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Article 33 System for Award Management and Unique Entity Identifier Requirements Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 34 Termination of a Federal Award
(1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) 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; (c) Pursuant to the terms and conditions of the federal award; or (d) For convenience, pursuant to Executive Order 14332, Improving Oversight of Federal Grantmaking, including when the award no longer advances agency priorities or the national interest, but subject to appropriate exceptions, including agreements entered into in furtherance of international trade agreements or those awarded by the Department of Commerce under title XCIX of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), the CHIPS and Science Act of 2022 (Public Law 117-167), or Division F of the Infrastructure Investment and Jobs Act (Public Law 117-58). (2) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written notification to DHS stating the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (3) Notice. Either party will provide written notice of intent to terminate for any reason to the other party no less than 30 calendar days prior to the effective date of the termination. (4) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2 C.F.R. §§ 200.344-200.345 after an award is terminated.

Article 35 Trafficking Victims Protection Act of 2000
Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of 2000, Pub. L. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference.

Article 36 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act of 2001) Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175–175c.

Article 37 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 4701 and 41 U.S.C. § 4712.
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Article 38 All Executive Orders Related to Grants
Presidential Executive Orders. Recipients must comply with the requirements and actions of Presidential executive orders related to grants (also known as federal assistance and financial assistance), including those published after the date of this publication, the full text of which are incorporated by reference.

Article 39 Executive Order 14332, Improving Oversight of Federal Grantmaking Draw Down of Funds. Recipients are prohibited from directly drawing down general grant funds for specific projects without the affirmative authorization of DHS.

Recipients must provide written payment justification, with specificity, for requests for each drawdown.

Article 40 Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving
Federal Leadership on Reducing Text Messaging While Driving. Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513.

Article 41 Executive Order 13224, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism Terrorist Financing. Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism.

Recipients are legally responsible for ensuring compliance with the Executive Order and laws.

Article 42 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

Article 43 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.
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Article 44 Collection and Use of Personally Identifiable Information (1) Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. (2) Definition. DHS defines “PII” as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.

Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 45 Non-Supplanting Requirements
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 46 Notice of Funding Opportunity (NOFO) Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the NOFO for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.

Article 47 SAFECOM
Recipients receiving federal awards made under DHS programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 48 Use of DHS Seal, Logo, and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. 1348
Article 49 Environmental Planning and Historic Preservation (EHP) Review FEMA funded activities that could impact the environment and historic properties are subject to the FEMA EHP review process. 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. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders (EO). General guidance for FEMA’s EHP process is available on FEMA.gov. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant program officer to be put in contact with EHP staff responsible for assisting with their specific grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project. Otherwise, FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identified in the initial review. If ground is disturbed during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA’s regulations at 44 C.F.R.

Part 9 implement the EOs and require an eight-step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland.

Article 50 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation.

The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist.

Article 51 Acceptance of Post Award Changes
Should FEMA determine that an error has been made in the award package, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at ASK[email protected] for any questions. 1349
Article 52 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non-state recipient or subrecipient (including subrecipients of a state or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313(e). State recipients must follow the disposition requirements in accordance with state laws and procedures noted in 2 C.F.R. § 200.313(b). Tribal Nations must follow the disposition requirements in accordance with tribal laws and procedures noted in 2 C.F.R. § 200.313(b); and if such laws and procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. § 200.313(e).

Article 53 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C.F.R. § 200.308. For purposes of non-construction projects, FEMA is using its discretion to impose an additional restriction under 2 C.F.R. § 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $350,000) and where the cumulative amount of such transfers exceeds or is expected to exceed 10% of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R. § 200.308(f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work.

Any deviations from a FEMA approved budget must be reported in the first Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification
In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA financial assistance programs that are subject to BABAA must include a Buy America Preference contract provision as noted in 2 C.F.R. § 184.4 and a contractor self-certification as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure Policy (FEMA Policy #207-22-0001). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA.
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Article 55 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

Article 56 Indirect Cost Rate
2 C.F.R. § 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the approved indirect cost rate associated with the award must be documented in the budget or other award materials approved by FEMA and maintained in the official award file. 1351
Obligating document

1. Agreement No.

EMW-2025-FG06827

2. Amendment
No.

N/A

3. Recipient
No.
956000756

4. Type of
Action
AWARD

5. Control No.

WX01671N2026T

6. Recipient Name and
Address

CITY OF OXNARD
300 W 3RD ST
OXNARD, CA 93030

7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Officer
Alex Hamilton
9a. Phone
No.
8053857700

10. Name of FEMA Project
Coordinator
Assistance to Firefighters Grant
Program
10a. Phone
No.
1-866-274-
0960

11. Effective Date of
This Action
09/29/2026

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
10/06/2026 to
10/05/2028
Budget Period
10/06/2026 to
10/05/2028

15. Description of Action a. (Indicate funding data for awards or financial changes) Program
Name
Abbreviation
Assistance
Listing No.

Accounting
Data
(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action +
or (-)
Current Total
Award
Cumulative
Non-Federal
Commitment
FG 97.044
2026-FKGB01 -
P410-xxxx4101-D
$0.00 $1,257,880.18 $1,257,880.18 125,788.02
Totals $0.00 $1,257,880.18 $1,257,880.18 $125,788.02
b. To describe changes other than funding data or financial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This field is not applicable for digitally signed grant agreements

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
Cynthia Spishak, Acting Associate Administrator Resilience DATE
09/29/2026
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FEMA Assistance to Firefighter (AFG) Grant
Awards
Alexander Hamilton
Fire Chief
1 CITY COUNCIL
October 20, 2026
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That the City Council:

1. Approves budget appropriations for two (2) FEMA Fiscal Year 2025 Assistance to Firefighters Grants, in the amount of $1,550,786.20 including a $140,980.57 local match requirement.

RECOMMENDATION
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2 Assistance to Firefighters (AFG) Grants is a federal grant program administered by FEMA under the U.S. Department of Homeland Security. The program provides annual funding opportunities to fire departments, non-affiliated EMS organizations, and other state and local agencies to improve.

Oxnard Fire Department and regional partners are eligible and routinely apply for these annual grants.

On June 22, 2026, the Fire Department submitted three (3) AFG grant applications and one (1) FP&S application. Of the three (3) applications submitted, Oxnard was awarded one (1) AFG grant directly and was also awarded funding as a subrecipient under an AFG grant application submitted by the Ventura County Fire Protection District.

BACKGROUND
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3 FEMA Fiscal Year 2025 Grants Awarded
Oxnard Fire Department Grant
• Paramedic Level Training $1,383,668.20
• Funds education and training of ten (10) firefighter emergency medical technicians to license them to the level of “Paramedic” Ventura County Fire Protection District Regional Grant
• Procurement of Self-Contained Breathing Apparatus (SCBAs) $2,707,420.00
• Oxnard Fire’s share is $167,118.00
• Funds the purchase of 21 SCBAs self-contained breathing apparatus, critical breathing personal protective equipment for firefighters when responding to incidents involving contaminated airspace, such as fires, gas leaks, and hazardous materials calls.

DISCUSSION – Grant Applications
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4 • The awarded grants will require total budget
appropriations of $1,550,786.20, including a
$140,980.57 local match requirement. The reimbursable
federal share is $1,409,805.63.

FINANCIAL IMPACT (Cont.)
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5 QUESTIONS?
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2
DATE: October 20, 2026
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Third Amendment to Agreement 32400108 with Los Angeles Truck Centers, LLC dba Velocity Truck Centers for Fleet Services.

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Third Amendment to Agreement 32400108 with Los Angeles Truck Centers, LLC dba Velocity Truck Centers in the amount of $800,000 for a new not-to-exceed agreement value of $2,050,000 for as-needed Maintenance, Repairs, and Parts for Autocar refuse trucks, Freightliner trucks, Allison transmissions, and Detroit and Cummins Engines for Fleet Services Division. (This item did not originate in Committee as it is a continuation of an item previously approved by the City Council on November 7, 2023.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mMjwwfitoaY

BACKGROUND
The Public Works Department Fleet Services Division (Fleet Services) manages approximately 991 vehicles and pieces of equipment with a combined asset value exceeding $65 million as of September 15, 2026. While Fleet Services performs the majority of maintenance and repairs in-house, specialized dealer services are required for major repairs, rebuilds, warranty work, diagnostics, original equipment manufacturer (OEM) parts, and manufacturer-specific repairs.

Fleet Services has partnered with Los Angeles Truck Centers, LLC (dba Velocity Truck Centers) for more than 25 years.

Located in Oxnard, Velocity is the authorized local dealer and service provider for key equipment and component manufacturers, including Autocar, Freightliner, Allison Transmissions, Cummins Engines, and Detroit Engines.

The City's specialized fleet relies on Velocity's support across several key operational areas:
• Refuse Collection Trucks: The City operates 58 Autocar refuse trucks (55 managed by Environmental Resources and 3 by Wastewater). Sixteen of these vehicles average 15 years of service and over 173,000 miles.

Frequent stop-and-go operations generate substantial engine and hydraulic wear, requiring frequent maintenance. • Fire Department Apparatus: The fleet includes 22 emergency-response vehicles equipped with Allison transmissions, Detroit and Cummins engines, and specialized aerial, pumping, and electrical systems. Continuous 24/7 emergency readiness makes their reliability essential. • Freightliner Vehicles: The City maintains eight Freightliner units, including three specialized wastewater sewer cleaning trucks. These trucks utilize high-pressure water and vacuum systems to service pipelines and address blockages, demanding routine maintenance to stay operational.

On November 7, 2023, the City Council executed sole-source Agreement #32400108 with Velocity Truck Centers. The Agreement includes four optional one-year extensions, establishing a maximum potential duration through November 7, 1359
2028. Under this agreement, the vendor provides as-needed overflow maintenance, repairs, and Original Equipment Manufacturer (OEM) parts for the City’s specialized fleet, which includes Autocar refuse trucks, Freightliner equipment, Allison transmissions, Cummins engines, and Detroit engines.

Under its terms, the Agreement was extended through November 6, 2025, through the First Amendment's exercise of the first one-year option. Subsequently, the Second Amendment exercised the second one-year option, extending the performance period through November 7, 2026.

DISCUSSION
This Third Amendment exercises the third of four one-year renewal options, extending the agreement through November 7, 2027, and increasing the total contract amount by $800,000. Additional contract capacity is required due to an aging fleet, higher-than-anticipated repair costs during the first three years, anticipated rate increases for parts and labor, and the addition of maintenance and repair services for the Wastewater Division vehicles that were not included in the original contract calculations in 2023. As of September 15, 2026, a total of $951,441 has been expended, 76% of the total agreement amount. Based on spending trends during the first three years of the contract, the remaining contract capacity is projected to be insufficient to cover estimated costs through November 2028.

The City’s Purchasing Policy allows for the City to enter into agreements with vendors without competitive bidding when there is only a single source available to provide the required products and/or services. Velocity is the only local manufacturer-authorized service provider for Autocar, Freightliner, Allison Transmissions, Cummins, and Detroit, allowing the City to obtain OEM parts and maintain manufacturer warranties.

Approval of the Third Amendment will ensure continued access to manufacturer-authorized repair services and OEM parts necessary to maintain the City's specialized fleet in a safe, reliable, and operational condition while minimizing equipment downtime and supporting uninterrupted delivery of essential City services. Utilizing an authorized dealer ensures major repairs, rebuilds, and warranty work are completed in accordance with manufacturer specifications using OEM parts.

STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on April 30, 2026.

FINANCIAL IMPACT
The total value for this Third Amendment with Velocity Truck Centers shall not exceed $800,000 through November 7, 2028, if extended. The estimated spending plan in Fiscal Year 2026-27 is $160,000 commencing November 2026.

Sufficient appropriations are included in the Adopted FY 2026-27 Operating Budget from the Fleet Services and Wastewater Operating Funds. Funds for subsequent fiscal years will be requested during the annual budget process for the City Council’s consideration.
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DIVISION
FY 2026-27
Nov - Jun
FY 2027-28
Jul-Jun
FY 2028-29
Jul - Oct TOTAL

FLEET SERVICES
7413750-52110 $60,000 $200,000 $80,000 $340,000

FLEET SERVICES
7413750-55030 $60,000 $200,000 $80,000 $340,000

WASTEWATER
6113613-55030 $15,000 $15,000 $15,000 $45,000

WASTEWATER
6113614-55030 $10,000 $10,000 $10,000 $30,000

WASTEWATER
6113615-55030 $15,000 $15,000 $15,000 $45,000
TOTAL $160,000 $440,000 $200,000 $800,000

COMMITTEE OUTCOME
This item did not originate in Committee as it is a continuation of an item previously approved by the City Council on November 7, 2023.

Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager

ATTACHMENTS

1. Third Amendment

2. Original Agreement, First & Second Amendment

3. November 7, 2023 City Council Agenda Report

4. Presentation
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Agreement No. 32400108

FIRST AMENDMENT TO TRADE SERVICE AGREEMENT
This First Amendment ("First Amendment") to the Trade Service Ag eement ("Agreement") is made and entered into in the County of Ventura, State of California, this +J;if:__ day of t¥c~ , 2024, by and between the City of Oxnard, a municipal corporation ("City"), and elocity Truck Centers ("Service Provider"). This First Amendment amends the Agreement entered into on November 8, 2023, by City and Service Provider.

City and Service Provider agree as follows:

1. Pursuant to Section 3.3, the City is exercising its first one year option term. The Agreement will be extended for one additional year beginning on November 8, 2024 through November 7, 2025. The City has three option terms remaining pursuant to Section 3.3.

2. The reference to the Schedule of Compensation Exhibit B everywhere it is listed in the Agreement is hereby amended to the Schedule of Compensation Exhibit B~ 1. The Schedule of Compensation Exhibit B is hereby disincorporated; instead, the Schedule of Compensation Exhibit B-1 is attached hereto and incorporated herein by this reference.

As so amended, the Agreement remains in full force and effect. (Signatures on next page]
FIRST AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)) 1397
Agreement No. 32400108
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD VELOCITY TRUCK CENTERS
1fw~ifJYYW ~ l.t-1
J...SJJohn Zaragoza, Mayor1 ;;: l
if "(i]Jennifer Yates, Purchasing Agent 2
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
-
. 11stephen M. Fischer, City ~# \Attorney (always required) I The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
•Fora corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
•Foran LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or • For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

FIRST AMENDMENT TO TRADE SERVICE AGREEMENT {V-01-17-19) 1398
EXHIBIT B-1

SCHEDULE OF COMPENSATION
1l ,, -,:; c• .. ~ ,r -- - • u - -
~,res· - ., __ ,
Labor (Hourly Rate) $167.00
Cummins Parts/Material Pricing (Discount) 55% off MSRP
Detroit Parts/Material Pricing (Discount) 47% off MSRP
Freightliner Parts/Material Pricing (Discount) 25% off MSRP Autocar Parts/Material Pricing (Discount) 38% off MSRP
Allison Parts/Material Pricing (Discount) 58% off MSRP
Aftermarket Pricing/Material Pricing (Discount) 58% off MSRP ,_
~
-
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Agreement No. 32400108

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT
This Second Amendment ("Second Amendment") to the Trade Service Agreement ( ~qement" is ma~e and entet-ed into in the County of Ventura, State of California, this _j ~ day of ~ , 2025. by and between the City of Oxnard, a municipal corporation ( City '), and ~kle; Tru k Centers, LLC dba Velocity Truck Centers ("Service Provider").

This Second Amendment amends the Agreement entered into on November 8, 2023, by City and Service Provider. The Agreement previously has been amended on December 9, 2024, by a First Amendment.

City and Service Provider agree as follows:

1. Pursuant to Section 3.3, the City is exercising its second one year option term. The Agreement will be extended for one additional year beginning on November 8, 2025 through November 7, 2026. The City has two option terms remaining pursuant to Section 3.3.

2. The reference to the Schedule of Compensation Exhibit B-1 everywhere it is listed in the Agreement is hereby amended to the Schedule of Compensation Exhibit B-2 Effective November 8, 2025. The Schedule of Compensation Exhibit B-1 is hereby disincorporated; instead, the Schedule of Compensation Exhibit B-2 Effective November 8, 2025 is attached hereto and incorporated herein by this reference.

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)) 1400
Agreement No. 32400 I 08
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD LOS ANGELES TRUCK CENTERS, LLC

DBA VELOCITY TRUCK CENTERS
ATTEST:

N/A
Lourdes A. L6pez, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
~"22-----7: /d?,, (f
-
_/4
f/ City
Stephen
Attorney
M. Fischer,
(always required)
~
Bradley F. Fauvre, CEO
I The City Council must authorize and the Mayor must execute any agreement over $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 3 The City requires the following for any contract:
~/20/Z~
Dote
S[,""JµS
Date
• For a corporation, the signatures of the Board President, CEO or Vice President .and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
• For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or • For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

SECOND AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) 1401
Agreement No. 32400108

SCHEDULE OF COMPENSATION
EXHIBITB-2
EFFECTIVE NOVEMBER 8, 2025
Labor (Hourly Rate) $172.00
Cummins Parts/Material Pricing (Discount) 55% offMSRP
Detroit Parts/Material Pricing (Discount) 47% offMSRP
Freightliner Parts/Material Pricing (Discount) 25% offMSRP Autocar Parts/Material Pricing (Discount) 38% offMSRP
Allison Parts/Material Pricing (Discount) 58% offMSRP
Aftermarket Pricing/Material Pricing (Discount) 58% offMSRP 1402

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.4
DATE: November 7, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32400108 with Los Angeles Truck Centers, LLC dba Velocity Truck Centers for Repair and Maintenance of Autocar Refuse Trucks, Allison Transmissions, Freightliner Trucks and Detroit and Cummins Engines (10 minutes).

RECOMMENDATION
That the City Council approve and authorize an Agreement with Los Angeles Truck Centers, LLC dba Velocity Truck Centers for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $1,250,000 for the repair and maintenance of Autocar refuse trucks, Allison transmissions, Freightliner trucks and Detroit and Cummins engines as part of the City’s equipment fleet on an on-call/as needed basis. (Public Works and Transportation Committee approved 3-0 on October 10, 2023) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/BLnzZneWUY

BACKGROUND
The Fleet Services Division of the Public Works Department performs maintenance and repairs of the City’s 959 fleet vehicles and equipment valued over $52 million. The City’s fleet consists of 78 Autocar refuse trucks, six Freightliner dump trucks, and 20 fire apparatus that have Allison transmissions and a mixture of Cummins and Detroit engines.

Although the Fleet Division performs the majority of the maintenance on these vehicles, Fleet Services requires a vendor to provide as-needed repairs and overflow maintenance to minimize downtime.

Fleet Services has been using Velocity Truck Centers (Velocity) formerly known as Big T’s for over 20 years. Velocity is the local Autocar and Freightliner service and support partner in addition to being the local Allison transmissions, Cummins engine and Detroit engine dealer. Any major rebuilds or warranties are performed by authorized dealers; therefore, it is necessary to obtain warranty, repairs and OEM parts from Velocity.

DISCUSSION
Velocity is the only maintenance and repair shop authorized by Autocar and Freightliner. Velocity is also the local provider for original equipment maintenance (OEM) parts for Allison Transmission, Cummins Engine, and Detroit Engine. City Purchasing Policy allows for the City to enter into agreements with vendors without competitive bidding when there is only a single source available to provide the required products and/or services. Having access to the authorized repair shop with access to OEM parts ensures maintenance can be performed in an efficient manner and warranty services can be obtained.

Refuse collection operates six days a week and requires more maintenance to keep them in a safe and reliable operating condition. Thirty of the 78 Autocar refuse trucks have more than 100,000 miles and average over 18 years of in-service 1403
use. In order to keep up with the maintenance and repairs, Fleet Services requires some of these services to be performed by Velocity under the direction of Fleet Services. These vehicles are extremely complex with several mechanical, electrical, and hydraulic systems requiring upkeep and repairs. These systems are used repetitively throughout the daily use of refuse vehicles, resulting in significant wear on the parts.

The Fire Department has a 24/7 operation that requires all apparatus and equipment to be ready to go at any moment's notice. Fire has 20 trucks and has standardized to Pierce Fire Apparatus that is equipped with Detroit and Cummins engines along with Allison transmissions. In order to keep up with the maintenance and repairs, Fleet Services requires some of these services to be performed by Velocity under the direction of Fleet Services.

Velocity Truck Centers is located in Oxnard and meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes the vendor is capable of satisfactorily completing the services in this Agreement. Thus, staff recommends that the City Council award this Agreement to Velocity Truck Centers.

STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT
The total cost for this agreement with Velocity Truck Centers shall not exceed $1,250,000 through November 7, 2028, if extended. Funding will begin in Fiscal Year 2023-24 and there are sufficient funds in the Fleet Services Fund (741) in the City Council approved FY 2023-24 Operating Budget. Subsequent fiscal year funding will be requested in the annual budget process. The estimated spending plan per year is as follows:

Estimated Spending Plan for Velocity Truck
Centers
Account
Number
FY 2023-24
8 months
FY 2024-25
12 months
FY 2025-
26 12
months
FY 2026-27
12 months
FY 2027-28
12 months
FY 2028-29
4 months TOTAL
7413750
-55030
$100,000 $125,000 $125,000 $125,000 $125,000 $25,000 $625,000 7413750
-52110
$100,000 $125,000 $125,000 $125,000 $125,000 $25,000 $625,000 TOTAL $200,000 $250,000 $250,000 $250,000 $250,000 $50,000 $1,250,000

COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on October 10, 2023 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Jose Arreola, Fleet Services Manager

ATTACHMENTS

1. Agreement 32400108

2. Presentation
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Amendment to Agreement 32400108 with Los Angeles
Truck Centers, LLC dba Velocity Truck Centers for
Fleet Services
City Council
October 20, 2026
Jose Arreola
Fleet Services Division Manager
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RECOMMENDATION 2
That the City Council approve and authorize the Mayor to execute a Third Amendment to Agreement 32400108 with Los Angeles Truck Centers, LLC dba Velocity Truck Centers in the amount of $800,000 for a new not-to-exceed agreement value of $2,050,000 for as-needed Maintenance, Repairs, and Parts for Autocar refuse trucks, Freightliner trucks, Allison transmissions, and Detroit and Cummins Engines for Fleet Services Division.
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BACKGROUND
• The Public Works Department Fleet Services Division (Fleet Services) manages approximately 991 vehicles and pieces of equipment with a combined asset value exceeding $65 million as of September 15, 2026
• While Fleet Services performs the majority of maintenance and repairs in-house, specialized dealer services are required for major repairs, rebuilds, warranty work, diagnostics, original equipment manufacturer (OEM) parts, and
manufacturer-specific repairs
• Fleet Services has partnered with Los Angeles Truck Centers, LLC (dba Velocity Truck Centers) for more than 25 years 3 1407

BACKGROUND
• Located in Oxnard, Velocity is the authorized local dealer and service provider for key equipment and component manufacturers, including Autocar, Freightliner, Allison transmissions, Cummins Engines and Detroit Engines
• The City's specialized fleet relies heavily on Velocity's support across several key operational areas:
● Refuse Collection Trucks: The City operates 58 Autocar refuse trucks (55 managed by Environmental Resources and 3 by
Wastewater). Sixteen of these vehicles average 15 years of service and over 173,000 miles. Frequent stop-and-go operations generate substantial engine and hydraulic wear, requiring frequent maintenance
4 1408

BACKGROUND
● Fire Department Apparatus: The fleet includes 22 emergencyresponse vehicles equipped with Allison transmissions, Detroit and Cummins engines, and specialized aerial, pumping, and electrical systems. Continuous 24/7 emergency readiness makes their reliability essential
● Freightliner Vehicles: The City maintains eight Freightliner units, including three specialized Wastewater sewer cleaning trucks. These trucks utilize high-pressure water and vacuum systems to service pipelines and address blockages, demanding routine maintenance to stay operational
5 1409

BACKGROUND
• On November 7, 2023, the City Council executed sole-source Agreement #32400108 with Velocity Truck Centers
• The Agreement includes four optional on-year extensions, establishing a maximum potential duration through November 7, 2028
• Under this agreement, the vendor provides as-needed overflow maintenance, repairs, and Original Equipment Manufacturer (OEM) parts for the City’s specialized fleet, which includes Autocar refuse trucks, Freightliner equipment, Allison
transmissions, Cummins engines, and Detroit engines
6 1410

BACKGROUND
• Under its terms, the Agreement was extended through November 6, 2025, through the First Amendment's exercise of the first one-year option
• Subsequently, the Second Amendment exercised the second one-year option, extending the performance period through November 7, 2026
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DISCUSSION
• This Third Amendment exercises the third of four one-year renewal options, extending the agreement through November 7, 2027, and increasing the total contract amount by $800,000 • Additional contract capacity is required due to an aging fleet, higher-than-anticipated repair costs during the first three years, anticipated rate increases for parts and labor, and the addition of maintenance and repair services for the Wastewater Division vehicles that were not included in the original contract calculations in 2023
8 1412

DISCUSSION
• As of September 15, 2026, a total of $951,441 has been expended, 76% of the total agreement amount
• Based on spending trends during the first three years of the contract, the remaining contract capacity is projected to be insufficient to cover estimated costs through November 2028 • The City’s Purchasing Policy allows for the City to enter into agreements with vendors without competitive bidding when there is only a single source available to provide the required products and/or services
9 1413

DISCUSSION
• Velocity is the only local manufacturer-authorized service provider for Autocar, Freightliner, Allison Transmissions, Cummins, and Detroit, allowing the City to obtain OEM parts and maintain manufacturer warranties
• Approval of the Third Amendment will ensure continued access to manufacturer-authorized repair services and OEM parts necessary to maintain the City's specialized fleet in a safe, reliable, and operational condition while minimizing equipment downtime and supporting uninterrupted delivery of essential City services 10 1414

DISCUSSION
• Utilizing an authorized dealer ensures major repairs, rebuilds, and warranty work are completed in accordance with manufacturer specifications using original equipment manufacturer (OEM) parts 11 1415

FINANCIAL IMPACT
• The total value for this Third Amendment with Velocity Truck Centers shall not exceed $800,000 through November 7, 2028, if extended
• The estimated spending plan in Fiscal Year 2026-27 is $160,000 commencing November 2026
• Sufficient appropriations are included in the Adopted FY 2026-27 Operating Budget from the Fleet Services and Wastewater Operating Funds
• Funds for subsequent fiscal years will be requested during the annual budget process for the City Council’s consideration 12 1416
End of Presentation
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.3
DATE: October 20, 2026
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32700117 with Garcia’s Landscaping Maintenance Inc. for On-Call Tree Maintenance Services, Specification No. 26-86.

RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance Inc. for a five-year term, which includes options to extend, for a total not-to-exceed amount of $6,000,000 for on-call tree maintenance services. (Public Works and Transportation Committee approved 2-0 on September 22, 2026.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/uPGSrwjmX5w

BACKGROUND
The City of Oxnard is responsible for over 41,000 trees, per the most recent tree inventory in 2026, in the parkways, medians, and parks throughout the City. There are currently five full-time employees in the Public Works Tree Crew to conduct and oversee a large amount of tree work, both routine and emergency. With the passing of Measure E in 2020, the City Council approved funding for contract tree services that include a Grid Pruning Contract and an On-Call Tree Maintenance Services Contract. The Grid Pruning Contract provides cost-effective tree pruning, at bulk rates, citywide to achieve the objective of an industry-standard five-year pruning cycle for all City trees. Palm trees are pruned at least once per year. The On-call Tree Maintenance Services Agreement supplements the City Tree Crew and provides additional capacity to address emergency tree work, tree removals, stump grinding, root pruning, aesthetic pruning, work associated with the Capital Improvement Program (CIP), and other tree maintenance needs. The use of on-call services allows the City Tree Crew to remain flexible and responsive to routine maintenance, service requests, inspections, and other priority tree maintenance needs throughout the City.

DISCUSSION
This Agreement for On-Call Tree Maintenance Services provides the City with qualified contract tree maintenance services on an as-needed basis. These on-call services allow staff to efficiently respond to emergencies and prioritize tree work, address specialized or larger-scale projects, and supplement the Tree Crew when the volume or scope of work exceeds available resources. The combination of the Tree Crew and the on-call services supports the City’s ongoing efforts to maintain a safe, healthy, and well-managed urban forest. The Special Districts Division also utilizes the tree agreements with available funding from the district that is being serviced.

On April 20, 2026, the Purchasing Department published Request for Bid (RFB) 26-86 for the on-call tree maintenance services. The RFB was sent directly to four potential vendors, published on PlanetBids, and posted on the City’s website, with a bid due date of May 27, 2026. The RFB received a total of seven responsive submittals from the following service 1418
providers based on aggregate amounts:

Garcia’s GreenCoast Rolling
Green
BC Tree
Service
SDG WCA Julian
Tree Care
Total
Services
$8,071 $8,266 $10,807 $11,494 $14,121 $15,982 $27,612
Garcia’s Landscaping Maintenance, Inc. submitted the lowest responsive bid for the On-Call Tree Maintenance Services Agreement. Following the bid evaluation, procurement staff reviewed the documentation submitted by Garcia’s Landscaping Maintenance, Inc., including verification of the required and valid licenses, review of available Occupational Safety and Health Administration (OSHA) safety information, and verification of registration with the California Department of Industrial Relations (DIR).

Garcia’s Landscaping Maintenance, Inc. has previously provided tree maintenance services to the City under prior on-call tree maintenance and grid pruning agreements. Based upon the procurement review and prior experience of providing tree maintenance services to the City, staff believes Garcia’s Landscaping Maintenance, Inc. is capable of satisfactorily performing the services required under this Agreement. Therefore, staff recommends that the City Council award the OnCall Tree Maintenance Services Agreement to Garcia’s Landscaping Maintenance, Inc.

STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT
The total cost for this Agreement with Garcia’s Landscaping Maintenance Inc. shall not exceed $6,000,000 for On-Call Tree Maintenance Services if all terms are extended for the full five years. This Agreement does not guarantee the number of on-call Task Order assignments or compensation of the not-to-exceed amount.

The City Council-approved Operating Budget for FY 2026-27 includes costs for these services. Funding shall be provided by various Public Works Divisions based on task orders and available Council-approved funding. There are no guaranteed payment amounts to the contractor and each division shall only pay for the approved services that are rendered. Funding for subsequent fiscal years will be requested through the annual budget process.

The costs in the new agreement represent a reduction of approximately 13%, compared to the previous agreement. The new agreement will provide the same tree maintenance services at a lower overall per-tree cost.

COMMITTEE OUTCOME
The Public Works and Transportation Committee voted 2-0 on September 22, 2026 to approve the staff recommendation and to forward the item for Council's consideration.

Please click here to view the Measure M pre-recorded presentation video.

Please click here to view the September 22, 2026 Public Works and Transportation Committee Meeting recording.

Prepared by: Steve Howlett, Assistant Public Works Director, Brandon Lopez, Parks Manager

ATTACHMENTS

1. Agreement 32700117

2. Bid Tabulation

3. Prior Agreement Rate Sheet

4. Presentation
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BC Tree Service
Garcia's
Landscaping
Maintenance Inc.

GreenCoast
Landscapes Inc.

Julian Tree Care
Inc. Rolling Green Inc.

SDG Enterprises dba
Four Seasons
Landscaping
West Coast
Arborists, Inc.

Item
No. Description Unit Evaluation Quantity Amount Amount Amount Amount Amount Amount Amount 1 Pruning for Clearance
0"- 6" Diameter at
Breast Height 1 $38.00 $20.00 $30.00 $55.00 $40.00 $30.00 $70.00 2 Pruning for Clearance
7"- 12" Diameter at
Breast Height 1 $51.00 $30.00 $40.00 $75.00 $50.00 $50.00 $100.00 3 Pruning for Clearance
13"- 24" Diameter at
Breast Height 1 $72.00 $40.00 $50.00 $110.00 $60.00 $75.00 $140.00 4 Pruning for Clearance
25"- 36" Diameter at
Breast Height 1 $96.00 $300.00 $70.00 $165.00 $85.00 $125.00 $195.00 5 Pruning for Clearance
37" + Diameter at
Breast Height 1 $128.00 $300.00 $90.00 $250.00 $130.00 $150.00 $220.00 6 Prune Date Palm
(Phoenix spp.) Per Tree 1 $350.00 $150.00 $150.00 $450.00 $320.00 $200.00 $350.00 7 Skin Trunk for Date Palm
(Phoenix spp.) Linear foot 1 $23.00 $8.00 $15.00 $30.00 $25.00 $50.00 $75.00 8 Prune Fan Palm
(Washingtonia spp.) Per Tree 1 $350.00 $30.00 $55.00 $125.00 $68.00 $110.00 $100.00 9 Skin Trunk for Fan Palm
(Washingtonia spp.) Linear foot 1 $23.00 $8.00 $15.00 $24.00 $25.00 $50.00 $35.00 10 Prune all other palm tree species Per Tree 1 $250.00 $30.00 $50.00 $110.00 $70.00 $100.00 $85.00 11 Aesthetic or Service
Request Pruning
0"- 6" Diameter at
Breast Height 1 $64.00 $40.00 $45.00 $95.00 $60.00 $45.00 $95.00 12 Aesthetic or Service
Request Pruning
7"- 12" Diameter at
Breast Height 1 $96.00 $70.00 $65.00 $145.00 $85.00 $95.00 $155.00 13 Aesthetic or Service
Request Pruning
13"- 24" Diameter at
Breast Height 1 $149.00 $160.00 $95.00 $225.00 $130.00 $200.00 $195.00 14 Aesthetic or Service
Request Pruning
25"- 36" Diameter at
Breast Height 1 $239.00 $350.00 $160.00 $325.00 $240.00 $300.00 $355.00 15 Aesthetic or Service
Request Pruning
37" + Diameter at
Breast Height 1 $395.00 $400.00 $200.00 $550.00 $340.00 $600.00 $355.00 16 Tree and Stump Removal 0"- 24" diameter 1 $576.00 $300.00 $500.00 $1,250.00 $480.00 $600.00 $1,200.00 17 Tree and Stump Removal 25"- 40" diameter 1 $1,216.00 $600.00 $900.00 $2,750.00 $1,100.00 $1,300.00 $2,400.00 18 Tree and Stump Removal 41"- 48" diameter 1 $1,856.00 $1,550.00 $1,450.00 $4,850.00 $1,750.00 $3,000.00 $2,400.00 19 Tree and Stump Removal Over 48" diameter 1 $2,048.00 $1,550.00 $1,600.00 $8,500.00 $1,900.00 $3,000.00 $2,400.00 20 Tree Planting 10 gallon tree 1 $96.00 $50.00 $75.00 $165.00 $90.00 $125.00 $100.00 21 Tree Planting 15 gallon tree 1 $160.00 $100.00 $110.00 $255.00 $145.00 $180.00 $265.00 22 Tree Planting 24 inch box tree 1 $425.00 $250.00 $300.00 $750.00 $360.00 $475.00 $495.00 23 Tree Planting 36 inch box tree 1 $650.00 $550.00 $750.00 $1,850.00 $1,050.00 $1,000.00 $1,350.00 24 Root Pruning Linear foot 1 $26.00 $15.00 $15.00 $38.00 $30.00 $45.00 $39.00 25 Root Prune with Root
Barrier Linear foot 1 $38.00 $20.00 $28.00 $65.00 $40.00 $65.00 $49.00 Bid Tabulation 26-86 On-Call Tree Maintenance Services
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26 Stump Grinding Per diameter inch at 3
inches above grade 1 $23.00 $10.00 $10.00 $32.00 $30.00 $25.00 $39.00 27 Tree Watering includes trunk with
sprayer and operator Per hour 1 $96.00 $50.00 $62.00 $225.00 $115.00 $50.00 $115.00
28 Tree Watering includes truck with
hose(s), operator and ground crew Watering of 20 trees 1 $192.00 $100.00 $120.00 $385.00 $200.00 $250.00 $360.00
29 General Labor Rate for 3 person
crew with equipment for Small
Tree Care
Per hour 1 $288.00 $100.00 $195.00 $485.00 $285.00 $150.00 $345.00
30 Tree Canopy Spraying From
Ground Level Per diameter inch 1 $8.00 $4.00 $4.00 $14.00 $15.00 $12.00 $12.00 31 Insecticide or Fungicide Trunk
Banding Per diameter inch 1 $10.00 $4.00 $4.00 $16.00 $20.00 $12.00 $12.00 32 PGR Trunk Banding Per diameter inch 1 $10.00 $5.00 $5.00 $16.00 $20.00 $12.00 $12.00 33 Insecticide or GRP Soil
Application Per diameter inch 1 $10.00 $4.00 $4.00 $16.00 $15.00 $12.00 $12.00 34 Insecticide or Fungicide Soil
Application Per diameter inch 1 $10.00 $4.00 $4.00 $16.00 $15.00 $12.00 $12.00 35 Soil Injection Fertilization
Per diameter inch 1 $9.00 $6.00 $4.00 $14.00 $10.00 $12.00 $12.00 36 Trunk Injection Insecticide/
Miticide Per diameter inch 1 $10.00 $5.00 $6.00 $28.00 $15.00 $12.00 $12.00 37 Trunk Injection Fungicide
Per diameter inch 1 $10.00 $8.00 $5.00 $30.00 $15.00 $12.00 $12.00 38 Trunk Injection Insecticide and
Fungicide Combo Per diameter inch 1 $13.00 $10.00 $10.00 $38.00 $17.00 $15.00 $12.00 39 Avermectin Class Insecticide
Injection Per diameter inch 1 $13.00 $10.00 $10.00 $45.00 $17.00 $15.00 $12.00 40 Pest Control Advisor Services Per hour
1 $96.00 $100.00 $65.00 $185.00 $115.00 $100.00 $175.00 41 Urgent Response Services,
Monday through Friday, 7am6pmPer staff hour 1 $118.00 $60.00 $90.00 $225.00 $135.00 $150.00 $155.00
42 Urgent Response Services, after
hours (6:01pm-6:59am),
Saturdays, Sundays and holidays
Per staff hour 1 $139.00 $70.00 $110.00 $325.00 $165.00 $150.00 $175.00
43 General Labor Rates for 3 person
crew with equipment Per staff hour 1 $288.00 $100.00 $195.00 $485.00 $285.00 $150.00 $345.00 44 Day rate Service Crew Boom
Truck 8 hour day including a chip
body, low decibel chipper, 1 Sr.

Tree Trimmer, 1 Trimmer and 1
Ground Person
Per staff hour 1 $288.00 $100.00 $195.00 $365.00 $225.00 $200.00 $345.00
45 Specialty Equipment Crane Per hour 1 $160.00 $100.00 $125.00 $750.00 $155.00 $150.00 $195.00 46 Specialty Equipment 95
foot aerial tower Per hour 1 $160.00 $250.00 $100.00 $425.00 $155.00 $400.00 $195.00 47 Specialty Equipment Loader or
Bobcat Per hour 1 $128.00 $50.00 $85.00 $285.00 $110.00 $250.00 $195.00 Total Bid Price $11,494.00 $8,071.00 $8,266.00 $27,612.00 $10,807.00 $14,121.00 $15,982.00 1470
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Agreement No. 32300084
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Agreement 32700117 with Garcia’s Landscaping
Maintenance Inc. for On-Call Tree Maintenance
Services, Specification No. 26-86.

Brandon Lopez, Parks Division Manager
Public Works Department
Public Works and Transportation Committee, September 22, 2026 City Council, October 20, 2026
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RECOMMENDATION 2
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance Inc. for a five-year term, which includes options to extend, for a total not-to-exceed amount of $6,000,000 for on-call tree maintenance services.
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RECOMMENDATION 3
That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping
Maintenance Inc. for a five-year term, which includes options to extend, for a total not-to-exceed amount of $6,000,000 for on-call tree maintenance services.
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BACKGROUND
• The City of Oxnard is responsible for over 41,000 trees, per the most recent tree inventory in 2026, in the parkways, medians, and parks throughout the City.
• There are currently five full-time employees in the Public Works Tree Crew to conduct and oversee a large amount of tree work, both routine and emergency.
• With the passing of Measure E in 2020, the City Council approved funding for contract tree services that include a Grid Pruning Contract and an On-Call Tree Maintenance
Services Contract.
4 1479

BACKGROUND
• The Grid Pruning Contract provides cost-effective tree pruning, at bulk rates, citywide to achieve the objective of an industry-standard five-year pruning cycle for all City trees. Palm trees are pruned at least once per year.
• The On-call Tree Maintenance Services Agreement
supplements the City Tree Crew and provides additional
capacity to address emergency tree work, tree removals, stump grinding, root pruning, aesthetic pruning, work
associated with the Capital Improvement Program (CIP),
and other tree maintenance needs.
5 1480

BACKGROUND
• The use of on-call services allows the City Tree Crew to remain flexible and responsive to routine maintenance,
service requests, inspections, and other priority tree
maintenance needs throughout the City.
6 1481

DISCUSSION
• This Agreement for On-Call Tree Maintenance Services
provides the City with qualified contract tree maintenance services on an as-needed basis.
• These on-call services allow staff to efficiently respond to emergencies and prioritize tree work, address specialized or larger-scale projects, and supplement the Tree Crew when the volume or scope of work exceeds available resources. • The combination of the Tree Crew and the on-call services supports the City’s ongoing efforts to maintain a safe, healthy, and well-managed urban forest.
7 1482

DISCUSSION
• The Special Districts Division also utilizes the tree agreements with available funding from the district that is being serviced.
• On April 20, 2026, the Purchasing Department published Request for Bid (RFB) 26-86 for the on-call tree
maintenance services. The RFB was sent directly to four potential vendors, published on PlanetBids, and posted on the City’s website, with a bid due date of May 27, 2026. • The RFB received a total of seven responsive submittals. 8 1483

DISCUSSION
• Garcia’s Landscaping Maintenance, Inc. submitted the
lowest responsive bid for the On-Call Tree Maintenance
Services Agreement.
• Following the bid evaluation, procurement staff reviewed the documentation submitted by Garcia’s Landscaping
Maintenance, Inc., including verification of the required and valid licenses, review of available Occupational Safety and Health Administration (OSHA) safety information, and
verification of registration with the California Department of Industrial Relations (DIR).
9 1484

DISCUSSION
• Garcia’s Landscaping Maintenance, Inc. has previously provided tree maintenance services to the City under prior on-call tree maintenance and grid pruning agreements.
• Based upon the procurement review and prior experience of providing tree maintenance services to the City, staff
believes Garcia’s Landscaping Maintenance, Inc. is capable of satisfactorily performing the services required under this Agreement.
• Therefore, staff recommends that the City Council award the On-Call Tree Maintenance Services Agreement to
Garcia’s Landscaping Maintenance, Inc.
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FINANCIAL IMPACT
• The total cost for this Agreement with Garcia’s Landscaping Maintenance Inc. shall not exceed $6,000,000 for On-Call Tree Maintenance Services if all terms are extended for the full five years.
• This Agreement does not guarantee the number of on-call Task Order assignments or compensation of the
not-to-exceed amount.
• The City Council-approved Operating Budget for FY
2026-27 includes costs for these services.
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FINANCIAL IMPACT
• Funding shall be provided by various Public Works
Divisions based on task orders and available
Council-approved funding.
• There are no guaranteed payment amounts to the
contractor and each division shall only pay for the approved services that are rendered.
• Funding for subsequent fiscal years will be requested through the annual budget process.
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FINANCIAL IMPACT
• The costs in the new agreement represent a reduction of approximately 13%, compared to the previous agreement.

The new agreement will provide the same tree maintenance services at a lower overall per-tree cost.
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QUESTIONS?
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