Agenda packet — Palm Springs City Council, May 23, 2024 (part 4 of 7)

ADOPTED THIS ____ DAY OF ____, 2024.

Scott Stiles, City Manager
ATTEST:

Brenda Pree, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______, ____, by the following vote:

AYES:

NOES:

ABSENT:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

Brenda Pree, MMC, CERA, City Clerk
City of Palm Springs, California
Item 1L - Page 9

ATTACHMENT C

Item 1L - Page 10
cal oes#
CALIFORNIA GOVERNORS OFFICE OF EMERGENCY SERVICES (Cal OES) (Cal OES Use only)
ApS #

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET
Su award 2023-0006
The California Governor's Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:

I. Subrecipient: City of Palm Springs
3200 Tahquitz Canyon Way
(Street)
(City)

6. Performance /
la. UEI:
2a. UEI:

Palm Springs
(City)
Riverside
(County)
July l, 2023
(Start Date)
M81 QLC23JVX5
M81 QLC23JVX5 2. Implementing Agency:

3. Implementing Agency Address:

4. Location of Project:

5. Disaster/ProgramTitle:

7. Indirect Cost Rate:

Palm Springs
Emergency Management Performance Grant
(Select)
Budget Period:

Federally Approved ICR (if applicable):

Grant
Year
2023
Project
Fund
Source
EMPG
Cost
A. State B. Federal
$12,475
C. Total
$12,475
D. Cash Match
to
F. Told Match
$
12,475
92262-6968
(Zip+4)
92262-6968
(Zip+4)
(End Date)
G. Total Cost
$24,950
Number

8. 9.

10. 11.

12. Total $12,475 $12,475
E. In-Kind Match
$12,475
$12,475 $12,475 $24,950.'DN

13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attachedand made a part hereof, the Assurances/Certificaticns, and any attachedSpecial Conditions. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipent accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and feceral laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocction of funds may be contingent on the enactment of the State Budget.

14. CA Public Records Act - Grant applications are subject to the California Public Records Act, Government Code section 7920 et seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption, Your s-atement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.

15. Official Authorized to Sign for Subrecipient:

Name: Scott Stiles Title:

Payment Mailing Address: City:

Sgnature:

16. Federal Employer ID Number:

O Tah uitz Can on W
9 r-60c.bV 7
City Manaqer
Palm Sprinqs
Date:

Zip Code-I-4:
9 (FOR Cal OES USE ONLY)
I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. 92262-6968
(Cal OES Fiscal Officer) (Date)
FY 2023 EMPG FMFW (Macro) v.23
(Date) (Cal OES Director or Designee)
I of I Grant Subaward Face Sheet Cal OES 2-101 (Revised 05/2023) Item 1L - Page 11
CdlOES #
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) (Cal OES Use Only)
FIPS # VS#

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET
The California Governo•'s Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:

Subaward # 2023-0006

1. Subrecipient: City of Palm Springs 1 a. UEl: ___ ~M_8~1~Q~L'-'C~2~3~JV_X~5'-----

2. Implementing Agency: 2a. UEI: ---~M"-'8-=-l'-'Q""L°"C""2'-=3-=-JV"-'X-"5'-----

3. Implementing Agency Address: 3200 Tahguitz Canyon Way (Street)
Palm Springs 92262-6968
(City) (Zip+4)

4. Location of Project: Palm Springs Riverside 92262-6968 (City) (County)

5. Disaster/Program Tille: Emergency Management Performance Grant

6. Performance /
Budget Period: ----=-J-=-u l"-y--'l"-, =- 20"'
2 ""
3'--- (St art Dale)
to
(Zip+4)
############
(End Dale)
7 Indirect Cost Rate· (Select) Federally Approved ICR (if applicable)· % Item Grant Fund A. State B. Federal C. Total D. Cash Match E, In-Kind Maleh F. Tolci Match G. Total Cost Number Year Source

8. 2023 EMPG $12,475 $12,475 $12,475 $ 12,475 $24,950

9. 10.

11. 12.

Total Project Cost $12,475 $12,475 $12,475 $12,475 $24,950

13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, the Assurances/Certificaticns, and any attached Special Conditions. I hereby certify I am vested with the authority to enter into this Grant 5ubaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body, The Subrecipient certifies that a ll funds received pursJant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipent accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaword as well as all applicable state and feceral laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocction of funds may be contingent on the ena:::tment of the State Budget.

14. CA Public Records Act - Grant applications are subject to the California Public Records Act, Government Code section 7920 et seq. Do not put any personally ide1tifiable information or private information on this application. If you believe that any of the information you are putting on this apr:;lication is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your s·atement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.

15. Official Authorized to Sign for Subrecipient:

Title: Cit Mana er
City: Palm Springs Zip Code+4: __ 9_22_6~2--6~9""'6~8 __ Date: J 2 J I R / -' 3
• 1 I

16. Federal Employer ID Number:
(FOR Cal OES USE ONLY)
I hereby certify upon my personal knowledge that budgeted funds ore available for the period and purposes of this expenditure stated above. (Cal OES Fiscal Officer) (Doiel (Cal OES Director or Deslgnee) (Datel FY 2023 EMPG FM FW (Macro) v.23 l of l Grant Subaward Face Sheet Cal OES 2-101 (Revised 05/2023) City of Palm Springs
2023-0006
This request is for a/an:

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCYSERVICES (Cal OES)

AUTHORIZED AGENT
Unauthorized alterations will delay the approval of this NOTE: request.

ALNI
Supporting Information for Application, Modification, or Request for Federal Funds This claim is for costs incurred within the grant performance period.

Initial Application July 1, 2023
Beginning Performance Period Date
Request #
through
EMPG 97.042
December 31, 2024
Ending Performance Period Date
Amount This Request
Under Penalty of Perjury, I certify that:

I
am the duly authorized officer of the claimant herein. This claim is true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations, and grant conditions and assurances.

Statement of Certification - Authorized Agent
By signing this report, I certify, to the best of my knowledge and belief, that the report is true, complete, and accurate, and that the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 , Sections 3729-3730 and 3801-3812).

FY 2023 HSGP FMFW (Macro) v.23
Scott Stile
Printed Name of Authorized Agent
City Manager
Title of Authorized Agent
Signat Ire of Authorized Agent
lofl
3200 Tahquitz Canyon Way
Payment Address
Palm Springs, CA 92262-6968
City, ZIP
11/30/2023
Date
AA Approval
Item 1L - Page 12
City of Palm Springs
2023-0006
This request is for a/an:

CALIFORNIA GOVERNOR'S OFFICE OF EM ERGENCY SERVICES (Cal OES)

AUTHORIZED AGENT
NOTE: Unauthorized alterations will delay the approval of this request.

I ALN: I
Supporting Information for Application, Modification, or Request for Federal Funds This claim is for costs incurred within the grant performance period.

Initial Application July 1, 2023 through
Beginning Performance Period Date
Request#
EMPG 97.042
December 31, 2024
Ending Performance Period Date
Amount This Request
Under Penalty of Perjury, I certify that:

I am the duly authorized officer of the claimant herein. This claim is true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations, and grant conditions and assurances.

Scott Stile 3200 Tahquitz Canyon Way
Printed Name of Authorized Agent Payment Address
City Manager Palm Springs, CA 92262-6968
TIiie of Authorized Agent City, ZIP
11/30/2023
Date
FY 2023 HSGP FMFW (Macro) v.23 1 of 1 AA App roval
County of Riverside Emergency Management Department
Emargency Departm&Dt
FY 2023 Subrecipient Grants Management Assessment
Subrecipient: City of Palm Springs UEI M81QLC23JVX5
Grant Program Title: Emergency Management Performance Grant Performance Period: to 12/31 /24 Subaward Amount
Requested: 1 2,475
Per Title 2 CFR S 200.332, it is required to evaluate the risk of noncompliance with federal statutes, regubations and grant tens and conditions posed by each subrecipient of pass- through funding. This assessment is mcde to determine and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the award referenced above. For the purposes of completingthis questionnaire, "grant manager" •sthe individual who has primary responsibility for day-to-day administration of the grant, "bookkeeper/acccunting staff" means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and "organization" refers to the subrecipient applying for the award, and/or the governmenta implementing agency, as applicable.

The following are questions related to your organization's experience in the management of federal grant awards.

This questionnaire must be completed and returned with your grant application materials.

How many years of experiencedoes your current grant manager have managing grants?

2. How many years of experience does your current bookkeeper/accounting staff have managing grants?

3. Are individual staff members assigned to work on multiple grants?

4. Do you use timesheets to track the time staff spend working on specific activities/projects?
5, Does your organization utilize cost tracking methods that distinguishes grant expenditures separately from general fund expenditures? How often does your organization have a financial audit? 6.

7. Has your organization received any audit findings in the last three years?

8. Do you have written procurement policies?

9. Do you get multiple quotes or bids when buying items or services? IO. How many years do you maintain receipts, deposits, cancelled checks, invoices?

11. Has your organization received grant funding for this program in prior years? If yes, provide the following data for the most recent 3 funding years Grant Year: Amount Awarded: FY 22
Grant Year: FY21SHSP Amount Awarded:

Grant Year: FY20SHSP Amount Awarded:
1 3,062
258,000
5,667
Amount Expended:

Amount Expended:

Amount Expended:
>5 years
Yes
Yes
Yes
Annuallv
INO
Yes
Always
>5 years
Yes
13,062
258,000
5,667
Certification: This is to certify that, to the best of our knowled e and belief, the data furnished above is accurate, com lete, and current.

Authorized Agent Signature:

Print Name: Scott Stiles
Grant Manager Signature:

Print Name: J. Daniel DeSeIms
Date: 1 2/1 8/2023
Title: City Manager
Date: 1 2/18/2023
Title.•
Emergency Manager
Item 1L - Page 13
L P" , - NTYOF RIVERSIDE E 1111 D County of Riverside Emergency Management Department 'l'gency Manauement Depe,tmanl
_.,,.. .. ,,,.-.....- FY 2023 Subrecipient Grants Management Assessment Subrecipient: City of Palm Springs UEI #: M81 QLC23JVX5 Grant Program Title: Emergency Management Performance Grant Performance Period: 7 /1 /23 to 12/31 /24 I Subaward Amount 1 2 4 7 5 Requested: ,
Per Title 2 CFR § 200.332, it is required to evaluate the risk of noncompliance with federal statutes, regutotions and grant te·ms and conditions posed by each subrecipient of pass- through funding. This assessment is mcde to determine and provide an appropriate level of technical assistance, training, and grant oversight to sLbrecipients for the award referenced above. For the purposes of completing this questionnaire, "grant manager" ·s the individual who has primary responsibility for day-to-day administration of the grant, "bookkeeper/acccunting staff" means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and "organization" refers to the subrecipient applying for the award, and/or the governmenta implementing agency, as applicable.

The following are questions related to your organization's experience in the management of federal grant awards.

This questionnaire must be completed and returned with your grant application materials. l. How many years of experience does your current grant manager have managing >5 years grants?

2. How many years of experience does your current bookkeeper/accounting staff >5 years have managing grants?

3. Are individual staff members assigned to work on multiple grants? Yes

4. Do you use timesheets to track the time staff spend working on specific Yes activities/projects?

5. Does your organization utilize cost tracking methods that distinguishes grant expenditures separately from general fund expenditures? Yes

6. How often does your organization have a financial audit? Annually

7. Has your organization received any audit findings in the last three years? 1\10

8. Do you have written procurement policies? Yes

9. Do you get multiple quotes or bids when buying items or services? AhNays l 0. How many years do you maintain receipts, deposits, cancelled checks, invoices? >5 years

11. Has your organization received grant funding for this program in prior years? Yes If yes, provide the following data for the most recent 3 funding years Grant Year: FY22 Amount Awarded: 13,062 Amount Expended: 13,062 Grant Year: FY21SHSP Amount Awarded: 258,000 Amount Expended: 258,000 Grant Year: FY20SHSP Amount Awarded: 5,667 Amount Expended: 5,667 Certification: This is to certify that, to the best of our knowled e and belief, the data furnished above is accurate, com lete, and current.

Authorized Agent Signature: Date: 1 2/ 1 8/2023
Print Name: Scott Stiles Title: City Manager
Grant Manager Signature: Date: 1 2/18/2023
Print Name: J. Daniel DeSelms Title: Emergency Manager

ATTACHMENT D
Item 1L - Page 14
FY23 Standard Assurances
Federal Grant Programs
As the duly authorized representative of the Applicant,I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO;
(e) Federal and State Grant Program Guidelines; and
(f) Riverside County Supplement to the NOFO.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so. 2023 Standard Assurances Page 1 of 15 Initials
Item 1L - Page 15
FY23 Standard Assurances
Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) . Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

2. 3.

COUÆTYOFRWFRS/DE
FY23 Standard Assurances
Federal Grant Programs
This Proof of Authority must be maintained on file and readily available upon request.

Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a
contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a
loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. SS 1501- 1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 2023 Standard Assurances Page 2 of 15 Initials
Item 1L - Page 16
FY23 Standard Assurances
Federal Grant Programs
This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act [5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 2023 Standard Assurances Page 2 of 15 Initials ~

4. 5.

FY23 Standard Assurances
Federal Grant Programs
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the awarding agency.

Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
2023 Standard Assurances Page 3 of 15 Initials
Item 1L - Page 17
, ~Jl(l!.NTY ,,,. Or RIVERS/II£ '
(#:Mll
FY23 Standard Assurances
Federal Grant Programs
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or c ivilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including :
2023 Standard Assurances Page 3 of 15
cazmrYOFR/VEFS/DÉ
(gaze FY23 Standard Assurances
Federal Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. S 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. S 12101 et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. SS 6101-6107), whichprohibits discrimination on the basis of age;
(0 Public Health Service Act of 1912 (42 U.S.C. SS 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. 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. S 100.201); (h) Executive Order 1 1 246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 1 1375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 2023 Standard Assurances Page 4 of 15 Initials
Item 1L - Page 18
FY23 Standard Assurances
Federal Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P .L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 1210let seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part l 00. 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. § l 00.201 ); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
U) California Public Contract Code§ l 0295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 2023 Standard Assurances Page 4 of 15 Initials ~
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6. 7.

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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code SS 1 2940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. S 701 et seq.), the Applicant certifies that it will maintain a
drug-free workplace and a
drug-free
awareness program as outlined in the Act.

Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code SS 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. 5
1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; 2023 Standard Assurances Page 5 of 15 Initials
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(k) OHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medic:::11 condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code§§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § § 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; 2023 Standard Assurances Page 5 of 15 Initials ~
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(d) Federal Clean Air Act of 1955 (42 U.S.C. 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 1 1988;
(g) Executive Order 1 1514 which sets forth national environmental standards; (h) Executive Order 1 1 738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 1 1 990 which requires preservation ofwetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. "7401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. S 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a ceaseand-desist order pursuant to 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 2023 Standard Assurances Page 6 of 15 Initials
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(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7 401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 197 4, (P.L. 93-523); U) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 ( 16 U.S.C.§§1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 ( 16 U .S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

8. 9.

FY23 Standard Assurances
Federal Grant Programs
Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. S 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 1 70, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. The Applicant is required to report to Riverside County Operational Area (Riverside County OA) the progress of their funded programs on a quarterly
basis (January 1, April 1, July l, October 1).

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at IO U.S.C. S 2409, 41 U.S.C. S 4712, and 10 U.S.C. S 2324, 41 U.S.C. S 2023 Standard Assurances Page 7 of 15 Initials
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a. Audits
FY23 Standard Assurances
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For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

9. Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant w ill establish safegua rds to prohibit em ployees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply w ith 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reirr1bursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. The Applicant is required to report to Riverside County Operational Area (Riverside County OA) the progress of their funded programs on a quarterly basis (January 1, April 1, July 1, October 1).

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 2023 Standard Assurances Page 7 of 15 Initials~
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4304 and S 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. S 7104) which prohibits grant award recipients or a subrecipient from: (l) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. SS 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. S 3145 and 18 U.S.C. S 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. SS 327-333), regarding labor standards for federally assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code SS 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction 2023 Standard Assurances Page 8 of 15 Initials
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4304 and § 4310.

14. Human Trafficking
FY23 Standard Assurances
Federal Grant Programs
The Applicant will comply with the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: ( 1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P .L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purc hase flood insurance if the total cost of insurable construction 2023 Standard Assurances Page 8 of 15 Initials ;JAd-/
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and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. S 470), Executive Order 1 1593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.

S469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. S 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 231 23.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 91 1, law enforcement, or similar services.
2023 Standard Assurances Page 9 of 15 Initials
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and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. §469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

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FY23 Standard Assurances
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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the COUrse of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. S 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM spEclFlC ASSURANCES /

CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities ConductedAbroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a USefUl resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance 2023 Standard Assurances Page 10 of 15 Initials
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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM fHSGPl - PROGRAM SPECIFIC ASSURANCES I CERIIEICATIONS

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) OHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the OHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance 2023 Standard Assurances Page 10 of 15 Initials ~
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awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. S 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. 5
41 102) 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.

S 401 18) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. S 2225a.

30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources. 2023 Standard Assurances Page II of 15 Initials
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awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 w hich contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
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 dis allowances, and benefit overpayments. See 0MB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 197 4 (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 B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part w ith federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 175-1 75c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 2023 Standard Assurances Page 12 of 15 Initials
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31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 2023 Standard Assurances Page 12 of 15 Initials ~
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37. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005.

Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
a) All iron and steel used in the project are produced in the United States — this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
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.

The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a "Buy America" preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America" preference under an infrastructure program in certain cases.

On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1 , 2023.

Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
a) All iron and steel used in the project are produced in the United States - this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
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.

Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America" preference under an infrastructure program in certain cases.

On July 1, 2022, 0MB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023.

Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or 2023 Standard Assurances Page 13 of 15 Initials
I
~
FY23 Standard Assurances
Federal Grant Programs
through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any fUture grants if Riverside County OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

Failure to expend funding.

Failure to expend at least 90% or $5,000 (whichever is greater) of the award could affect future funding.

Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.

Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.

Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process
Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.

Failure to follow grant agreement requirements or special conditions.

False certification in the application or document.

Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
2023 Standard Assurances Page 14 of 15 Initials
Item 1L - Page 28
FY23 Standard Assurances
Federal Grant Programs
through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if Riverside County OA or the Cal OES determines that any of the following has occurred: ( l) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

Riverside County OA may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
a) Failure to submit required reports.
b) Failure to expend funding.
c) Failure to expend at least 90% or $5,000 (whichever is greater) of the award could affect future funding.
d) Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
e) Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
f) Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process
g) Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
h) Failure to follow grant agreement requirements or special conditions. i) False certification in the application or document.
j) Failure to adequately manage, monitor or direct the grant funding activities of their City/ Agency.

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, c ontracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
2023 Standard Assurances Page 14 of 15
cauwrra,emvnsmz
FY23 Standard Assurances
Federal Grant Programs
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Riverside County OA, Cal OES, or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 . 1, hereby incorporated by reference, which can be found at:
https:l(www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

City of Palm Springs
Subrecipient:

Signature of Authorized Agent:

Scott Stiles
Printed Name of Authorized Agent:

City Manager Title:
2023 Standard Assurances
Date:

Page 15 of 15 ends

Item 1L - Page 29
FY23 Standard Assurances
Federal Grant Programs
All appropriate doc umentation, as outlined above, must be maintained on file by the Applicant and available for Riverside County QA, Cal OES, or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 . l , hereby incorporated by reference, which can be found at:
https://www.dhs.gov/pu blic ation/fy 15-d hs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

S b . . t City of Palm Springs u rec1p1en : ___________________ _ _ ______ _ Signatur
.
e of Authorized
.

Agent:

Scott
7 ,d1rl'
Stiles
C:
7 ~
Printed Name of Authorized Agent:---------------.--- -- Date: --f ....... 1/f, -'4_:_zfl ___ _
Title: City Manager
2023 Standard Assurances Page 15 of 15 Initials ---
cauvrronn•fR$/DE
County of Riverside Emergency Management Department
Emergency Management cepartmont
FY 2023 Subrecipient Grants ManagementAssessment
Subrecipient: City of Palm Springs
Grant Program Title: FY23 EMPG
Performance Period: 4/9/24 to 5/31 /25
UEI M81 QLC23JVX5
Subaward Amount
Requested: $12,475
Per Title 2 CFR 200.332, it is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass- through funding. This assessment is made to determine and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the award referenced above. For the purposes of completing this questionnaire, "grant manager" is the individual who has primary responsibility for day-to-day administration of the grant, "bookkeeper/accounting staff" means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and "organization" refers to the subrecipient applying for the award, and/or the governmental implementing agency, as applicable.

The following are questions related to your organization's experience in the management of federal grant awards.

This questionnaire must be completed and returned with your grant application materials.

2. 3.

4. 5.

6. 7.

8. 9.

IO.

II.

How many years of experience does your current grant manager have managing grants?
How many years of experiencedoes your current bookkeeper/accounting staff have managing grants?
Are individual staff members assigned to work on multiple grants? Do you use timesheets to track the time staff spend working on specific activities/projects?
Does your organization utilize cost tracking methods that distinguishes grant expenditures separately from general fund expenditures? How often does your organization have a
financial audit?
Has your organization received any audit findings in the last three years? Do you have written procurement policies?
Do you get multiple quotes or bids when buying items or services? How many years do you maintain receipts, deposits, cancelled checks, invoices? Has your organization received grant funding for this program in prior years? If yes, provide the following data for the most recent 3 funding years Grant Year: FY22EMPG Amount Awarded:

Grant Year: FY22SHSP Amount Awarded:

Grant Year: FY21SHSP Amount Awarded:
$13,062
$210,063
$284,560
Amount Expended:

Amount Expended:

Amount Expended:
>5 years
>5 years
Yes
Yes
Select
Annuallv
yes
Yes
Always
>5 years
Yes
$13,062
$204,000
$284,560
Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is accurate, com lete, and current.

Authorized Agent Signature:

Print Name: Scott Stiles
Grant Manager Signature:

Print Name: Daniel DeSelms
Date: / 2-9/
Title.•
City Manager
Date: 83
Title : Emergency Manager
Item 1L - Page 30
, LJ,f.NTYOF ,,. ' RIVERSIDE EM D County of Riverside Emergency Management Department 'f811ncr N11nag11m11nl P11parlm11nt
_,.. ___.,.,- FY 2023 Subrecipient Grants Management Assessment Subrecipient: City of Palm Springs UEI #: M81 QLC23JVX5 Grant Program Title: FY23 EMPG
Performance Period: 4/9/24 to 5/31 /25 I Subaward Amount $1 2 4 7 5 Requested: ,
Per Title 2 CFR § 200.332, it is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass- through funding. This assessment is made to determ·ne and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the award referenced above. For the purposes of completing this questionnaire, "grant manager" is the individual who has primary responsibility for day-to-day administration of the grant, "bookkeeper/accounting staff" means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and "organization" refers to the subrecipient applying for the award, and/or the governmental implementing agency, as applicable.

The following are questions related to your organization's experience in the management of federal grant awards.

This questionnaire must be completed and returned with your grant application materials. l. How many years of experience does your current grant manager have managing >5 years grants?

2. How many years of experience does your current bookkeeper/accounting staff >5 years have managing grants?

3. Are individual staff members assigned to work on multiple grants? Yes

4. Do you use timesheets to track the time staff spend working on specific Yes activities/projects?

5. Does your organization utilize cost tracking methods that distinguishes grant expenditures separately from general fund expenditures? Select

6. How often does your organization have a financial audit? Annuallv

7. Has your organization received any audit findings in the last three years? Yes

8. Do you have written procurement policies? Yes

9. Do you get multiple quotes or bids when buying items or services? Always

10. How many years do you maintain receipts, deposits, cancelled checks, invoices? >5 vears 11 . Has your organization received grant funding for this program in prior years? Yes If yes, provide the following data for the most recent 3 funding years Grant Year: FY22EMPG Amount Awarded: $13,062 Amount Expended: $13,062 Grant Year: FY22SHSP Amount Awarded: $210,063 Amount Expended: $204,000 Grant Year: FY21SHSP Amount Awarded: $284,560 Amount Expended: $284,560 Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is accurate, com lete, and current.

Print Name: Scott Stiles Title: City Manager
Grant Manager Signature: Date: Z-:1 Al'll..l( co "2 c./ Print Name: Danie l DeSelms Title: Emergency Manager

CITY COUNCIL STAFF REPORT
DATE: MAY 23, 2024 CONSENT CALENDAR
SUBJECT: ACCEPT A STATE HOMELAND SECURITY PROGRAM GRANT AWARD IN THE AMOUNT OF $74,739 FROM THE CALIFORNIA OFFICE OF

EMERGENCY SERVICES, THROUGH THE COUNTY OF RIVERSIDE

EMERGENCY MANAGEMENT DEPARTMENT, FOR THE PURCHASE

OF INTEROPERABLE COMMUNICATIONS EQUIPMENT FOR LAW

ENFORCEMENT, AND CERT TRAINING, EQUIPMENT, AND

PERSONNEL COSTS
FROM: Scott C. Stiles, City Manager
BY: Fire Department, Emergency Management
Police Department
SUMMARY:

Staff is recommending City Council accept a State Homeland Security Program grant award in the amount of $74,739 from the California Office of Emergency Services, through the Riverside County Emergency Management Department, to be used towards the purchase of unmanned aerial systems (UAS) for the Police Department and Community Emergency Response Team (CERT) training, equipment purchases, and staff costs.

RECOMMENDATION:

1. Approve the acceptance of a Fiscal Year 2023 State Homeland Security Program Grant Award from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department, in the amount of $74,739.

2. Adopt Resolution No _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING AND AUTHORIZING

CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS

FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE

PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND

SUB-GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE.”

3. Authorize the City Manager to execute all necessary documents.

Item 1M - Page 1
City Council Staff Report
May 23, 2024 -- Page 2
Accept FY-23 SHSP Grant Funding
BACKGROUND:

The State Homeland Security Program (SHSP) is one of three components of the Homeland Security Grant Program administered by the Federal Emergency Management Agency. SHSP assists state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.

STAFF ANALYSIS:

The City of Palm Springs, as a subrecipient of the County of Riverside Emergency Management Department, has been awarded $74,739 for the Fiscal Year 2023 SHSP grant cycle, $68,359 of which is to be used specifically towards the purchase of unmanned aerial systems (UAS) for the Police Department.

The deployment of UAS, or drones, by public safety organizations across the country has proven invaluable in mitigating risk, improving efficiency, and preventing injury for both the public and first responders. The UAS can be used to provide critical overwatch protection at large-scale special events, help identify threats, and can assess critical infrastructure in the event of a manmade or natural disaster. The Police Department has successfully used the UAS to monitor and develop plans to safely respond to rapidly evolving reports of at-large persons suspected of serious criminal offenses, or individuals threatening violent behavior before potentially dangerous face-to-face contact is required.

The purchase of additional UAS systems will enhance the Department’s ability to efficiently prepare for, prevent, and respond to dangerous or unpredictable situations.

City of Palm Springs Ordinance 2064, which adopted the Police Department’s Military Equipment Policy 709 as required by Assembly Bill 481, was approved by Council on June 16, 2022. Military equipment, as defined by Government Code 7070, includes unmanned, remotely powered aerial vehicles, also known as unmanned aerial systems (UAS) or drones. The use of all military equipment, including the UAS, will be reported annually at a public meeting. Use of the UAS will also be reported monthly on the Department’s website. Any use of the UAS will be in strict accordance with constitutionally protected privacy rights and Federal Aviation Administration (FAA) regulations. The Department has drafted a policy that addresses privacy considerations related to UAS deployment and prohibited uses of the device. Palm Springs Police Department Policy 609 governing the use of the UAS is included as Attachment E.

The remaining $6,380 is to be spent on Community Emergency Response Team (CERT) training, equipment, and staff to assist with the management of the program. Personnel will be funded to coordinate classes and schedules and to complete inventory control of supplies.

The SHSP is a reimbursement grant. The City must purchase equipment and request reimbursement through Riverside County EMD by May 31, 2025.

Item 1M - Page 2
City Council Staff Report
May 23, 2024 -- Page 3
Accept FY-23 SHSP Grant Funding
ENVIRONMENTAL ASSESSMENT:

The proposed action is exempt from environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, as there is no possibility that the adoption of the Riverside County Operational Area Multi-Jurisdictional LHMP will have any effect on the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this item supports City Council priority 1, Quality of Life, and priority 2, Community Infrastructure.

FISCAL IMPACT:

Appropriate $74,739 in General Fund revenues and expenditures.

REVIEWED BY:

Fire Chief: Paul Alvarado
Police Chief: Andrew Mills
Director of Finance: Kristopher Mooney
City Manager: Scott Stiles
ATTACHMENTS:

A.) FY23 SHSP Award Letter
B.) FY23 SHSP Resolution
C.) FY23 SHSP Grant Subaward Face Sheet
D.) FY23 SHSP Grant Assurances
E.) Palm Springs Police Department Policy 609
Item 1M - Page 3

ATTACHMENT A

Item 1M - Page 4
cauwrro»emvnsmz
Fmergeacy EMDManagementgopartment
Bruce Barton, Director
Emergency Management Department
April 9, 2024
City of Palm Springs
Teresa Gallavan, City Manager
Daniel DeSelms, Emergency Management Coordinator
RE: FY23 State Homeland Security Program Grant (SHSP) Award - $74,739 Grant #2023-0042 CFDA#: 97.067
The California Office of Emergency Services (CalOES) has approved Riverside County's FY23 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests.

The performance period of this grant is April 9, 2024 — May 31, 2025. Final reimbursement requests are due within twenty (20) calendar days after the end of the grant period of performance.

This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), Preparedness Grants Manual, California Supplement to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance.

Failure to expend a minimum of 90% of awarded funding.

Failure to expend funds in a
timely manner consistent with the grant milestones, guidance, and assurances.

Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.

Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.

Failure to follow Grant Subaward requirements or special conditions.

Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.

False certification in the application or document.

Failure to adequately manage, monitor, or direct the grant funding activities of the organization.

Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review. Any changes to the Financial Management Forms Workbook requires approval from the OA prior to conducting activities and incurring costs.

Your organization's Financial Management Forms Workbook is being provided to you via email along with a copy of this letter. The Facesheet, Governing Body Resolution, Grants Management Assessments form, Standard Assurances, EHP Screening Form (if applicable) must be read, signed, and dated by your authorized agent in blue ink and returned to EMD [email protected] by July 9, 2024. Requests will not be processed without the acceptance documents on file.

This subaward is subject to all provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must
450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 +
F: 951.358.7105 •
WEB: WWW.RIVCOREADY.ORG + TDD: 951.358.5124
Item 1M - Page 5
, ~.if/11.NTYOFRIVERSIDE -' ($Mil
Bruce Barton, Director
Emergency Management Department
April 9, 2024
City of Palm Springs
Teresa Gallavan, City Manager
Daniel DeSelms, Emergency Management Coordinator
RE: FY23 State Homeland Security Program Grant (SHSP) Award - $74,739 Grant #2023-0042 CFDA# : 97.067
The California Office of Emergency Services (CalOES) has approved Riverside County's FY23 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests.

The performance period of this grant is April 9, 2024 - May 31, 2025. Final reimbursement requests are due within twenty (20) calendar days after the end of the grant period of performance.

The Riverside County Operational Area (OA) may reduce, suspend, or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.
• False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.

Your organization's Financial Management Forms Workbook is being provided to you via email along with a copy of this letter. The Facesheet, Governing Body Resolution, Grants Management Assessments form, Standard Assurances, EHP Screening Form {if applicable) must be read, signed, and dated by your authorized agent in blue ink and returned to EMD [email protected] by July 9, 2024. Requests will not be processed without the acceptance documents on file.

This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must 450 E A LESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 • F: 951.358.7105 • WEB: WWW.RIVCOREADY.ORG • TDD: 951.358.5124 be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency Management Department.

For further assistance, please contact EMD [email protected]. We look forward to working with you and appreciate your cooperation and support.

Sincerely,
Louis Le
Senior Administrative Services Analyst
County of Riverside Emergency Management Department
450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 . F: 951.358.7105 WEB: WWW.RIVCOREADY.ORG TDD: 951.358.5124 Item 1M - Page 6
be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency Management Department.

For further assistance, please contact EMO [email protected]. We look forward to working with you and appreciate your cooperation and support.

ATTACHMENT B

Item 1M - Page 7
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING AND

AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE

APPLICATIONS AND DOCUMENTS FOR THE PURPOSES

OF OBTAINING FEDERAL FINANCIAL ASSISTANCE

PROVIDED BY THE FEDERAL DEPARTMENT OF

HOMELAND SECURITY AND SUB-GRANTED THROUGH

THE STATE OF CALIFORNIA AND THE COUNTY OF

RIVERSIDE
WHEREAS, the California Governor’s Office of Emergency Services requires that the Palm Springs City Council obtain a resolution in order to be eligible to apply for and receive federal financial assistance provided by the Federal Department of Homeland Security and sub-granted through the State of California and the County of Riverside Emergency Management Department; and
WHEREAS, the City of Palm Springs desires to continue to accept the State Homeland Security Program (SHSP) for grant years 2023 through 2025; and WHEREAS, on May 23, 2024, the City Council of the City of Palm Springs authorized the City Manager to execute said applications and documents.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Palm Springs, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California.

SECTION 3. That this authorization shall be in effect for the duration of the FY 2023 grant periods of the SHSP.

Item 1M - Page 8
Resolution No.

Page 2 ends

ADOPTED THIS ___ DAY OF____, 2024.

Scott Stiles, City Manager
ATTEST:

Brenda Pree, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

Brenda Pree, MMC, CERA, City Clerk
City of Palm Springs, California
Item 1M - Page 9

ATTACHMENT C

Item 1M - Page 10
Item 1M - Page 11
lcFDA# 97.067 Subaward #
Riverside County Operational Area

GRANT SUBAWARD FACE SHEET
Subrecipient: _C_it~y_o_f_P_a_lm_S.._p_ri_ng~s _ ____ ______________ _ Implementing Agency: _C_it~y_o_f _P_al_m_S~p_r_in~g_s _______________ _ Implementing Agency Address: 3200 E. Tahguitz Canyon Way Palm Springs City
Location of Project: Palm Springs Riverside
Qty Co~ty
Disaster/Program Title: _S_ta_t_e_H_o_m_e_l_an_d_S_e_cu_r_ity~P_ro~g~ra_m _____ 6. Performance Period:

Federal Amt. Cash In-Kind
Project Discipline Requested
Total
Match Match(l••
Portyl
CERT EMG $6,380
TOTALS $6 380 $6 380 $0 $0
2023-xxxx
UEI#
UEI#
xx/xx/2023 to
M81 QLC23JVX5
M81 QLC23JVX5
92262-6968
Zip+4
92262-6968
Zip+4
05/31/25
Total
Match
Total Project Cost
$0 $6,380
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
Total Project Cost:
$0 $6,380
This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and may also include Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subreciplent certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified In the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.

Official Authorized to Sign for Subrecipient: Federal Employer ID Number: _9_5-_6_00_0_7_5_7 ________ _ Name: _T_e_re_s_a_G_al_la_v_a_n _______________ Title: City Manager Tele phone: __ ~-~(7_6_0-) ....,32_2_-_83_8_0 ____ _
(include area code)
Email: [email protected]
Payment Maili~ :

Signature: ft,
__ 3_2_0_0_E_. _T_a_h...:.qu_i_tz_C_a_n_,y_o_n_W~ay'--- C ity: Palm Springs u, [J.AJ D-v--
Zip+ 4 ____ 9_22_6_2_-6_9_6_8 __ _
Grant Management Point of Contact: c~......--.,,.,.~AQentinma..., .. Vfwd~ Name: Daniel DeSelms Title: Emergency Management Coordinator Telephone: __ ..,,.....,.......,._<~7_60~)_3.,... 2.,...2-_8_3_81 ____ _ (include area code)
Em ail: [email protected]
Item 1M - Page 12
lcFDA# 97.067 Subaward #
Riverside County Operational Area

GRANT SUBAWARD FACE SHEET
Subrecipient: _C_it_,_y_o_fP_a_lm_S.,_p_ri""' ng'"-s _ __________________ _ Implementing Agency: _C_it~y_o_f P_a_l_m_S~p_r_in=g_s ___ ____ _____ ___ _ Implementing Agency Address: 3200 E. Tahguitz Canyon Way Palm Springs City
Location of Project: Palm Springs Riverside
City County
Disaster/Program Title: -'S'-'tacctcce_H-'o'-m"-ec...lcc.. an"-dc.....c. S.c. ec-'-u'-r'--ity,...__P-'ro"'g'-ra"'"m------6. Performance Period:

Federal Amt. Cash In-Kind
Project Discipline Requested Total
Match Match(3rd
Party)
Site Security LE $80 000
TOTALS $80 000 $80 000 $0 $0
2023-xxxx
UEI#
UEI#
xx/xx/2023 to
M81 QLC23JVX5
M81 QLC23JVX5
92262-6968
Zip+4
92262-6968
Zip+4
05/31/25
Total
Match
Total Project Cost
$0 $80,000
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
Total Project Cost:
$0 $80,000
This Grant Subaward consists of this title page, the application for the grant, w hich Is attached and made a part hereof, and may also include Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.

Official Authorized to Sign for Subrecipient: Federal Employer ID Number: _9_5-_6_0_00_7_5_7 ________ _ Name: -'T-"e--' re;;..;s;..;;a_G;;..a;;.;l.;.;; la..;.v.;;;a;..;.n _______________ Title: City Manager Telephone: ____ -'(""7..;.. 60'"')-'3_2-'-'-2---'8...;;. 3.;..80;;.__ ___ _ Email: [email protected] (include area code)
Payment Mailim s: 3200 E. Tahquitz Canyon Way
Signature: ~L-J 0.-.-
City: Palm Springs
Date: CJ~/3-:ll
Zip+ 4 ____ 9_2_2_62_-_6_96_8 ___ _
Grant Management Point of Contact:

Name: Daniel DeSelms T itle: Emergency Management Coordinator T elephone: ____ ___._(7--'6_;;.0.._) ..;..32.;..;2.c..·.c..83.c..8:..1;...._ ___ _ Email: ____ __.D._a._n .. ie..,l ... d.e.,.s.., e.,.l m .. s.,@.....,pa .. 1 .. m,..s,..p. ri..,9.., n s_c._a ... g._o..,v _ ___ _ (include area code)

ATTACHMENT D

Item 1M - Page 13
(gaze FY23 Standard Assurances
Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so. 2023 Standard Assurances Page 1 of 15 Initials
Item 1M - Page 14
FY23 Standard Assurances
Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the c ity council, governing board, or authorized body; and (d) The official executing this agreement is, in fact, authorized to do _so. 2023 Standard Assurances Page 1 of 15 Initials~
cozwrro,emvnsmz
FY23 Standard Assurances
Federal Grant Programs
This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperativeagreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. SS 1501- 1508 and SS 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 2023 Standard Assurances Page 2 of 15 Initials
Item 1M - Page 15
FY23 Standard Assurances
Federal Grant Programs
This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 2023 Standard Assurances Page 2 of 15 Initials~

4. 5.

Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. S 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department oragency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (federal, state, or local) transaction or
contract under a
public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
2023 Standard Assurances Page 3 of 15 Initials
Item 1M - Page 16
, L. ;.NTYOPRIVERS/OE -'
{#Mll
FY23 Standard Assurances
Federal Grant Programs
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 a nd codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection w ith obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise c riminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

CCUWYOFRWERS/DE
(gaze FY23 Standard Assurances
Federal Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. S 12101 et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. SS 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. S 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. 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. S 100.201 (h) Executive Order 1 1246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 1 1375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 2023 Standard Assurances Page 4 of 15 Initials
Item 1M - Page 17
FY23 Standard Assurances
Federal Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U .S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 1210let seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. 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. § 100.201 ); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
U) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 2023 Standard Assurances Page 4 of 15 Initials ~

6. 7.

COUNWOFMVERS/DE
FY23 Standard Assurances
Federal Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code SS 1 2940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. S 701 et seq.), the Applicant certifies that it will maintain a
drug-free workplace and a drug-free
awareness program as outlined in the Act.

Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code SS 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, SS 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. S 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; 2023 Standard Assurances Page 5 of 15 Initials
Item 1M - Page 18
FY23 Standard Assurances
Federal Grant Programs
(k) OHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including :
(a) California Environmental Quality Act (CEQA) (California Public Resources Code § § 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges o f pollutants into the waters of the United States and regulating quality standards for surface waters; 2023 Standard Assurances Page 5 of 15 Initials ~
7 camrya,emvnsmz
FY23 Standard Assurances
Federal Grant Programs
(d) Federal Clean Air Act of 1955 (42 U.S.C. S 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 1 1988;
(g) Executive Order 1 1514 which sets forth national environmental standards; (h) Executive Order 1 1738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 1 1990 which requires preservation ofwetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 557401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. S 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a ceaseand-desist order pursuant to S 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 2023 Standard Assurances Page 6 of 15 Initials
Item 1M - Page 19
FY23 Standard Assurances
Federal Grant Programs
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7 401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 1 1 738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effec tive enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); U) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 ( 16 U.S.C.§§1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section l 76(c ) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7 401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

8. 9.

FY23 Standard Assurances
Federal Grant Programs
Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1 996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C SS 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. S 2409, 41 U.S.C. 4712, and 10 U.S.C. S 2324, 41 U.S.C. S 2023 Standard Assurances Page 7 of 15 Initials
Item 1M - Page 20
, L. Ji{f{f--TYDrRIVERSIDE ' «$MR

8. Audits
FY23 Standard Assurances
Federal Grant Programs
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

9. Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by OHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant w ill establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. l 09-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. The Applicant is required to report to Riverside County Operational Area (Riverside County OA) the progress of their funded programs on a quarterly basis ( January 1, April 1, July 1, October 1).

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at l O U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 2023 Standard Assura nces Page 7 of 15 Initials~
FY23 Standard Assurances
Federal Grant Programs
4304 and S 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. S 71 04) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. SS 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. S 3145 and 18 U.S.C. S 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. SS 327-333), regarding labor standards for federally assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. S 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a
special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction 2023 Standard Assurances Page 8 of 15 Initials
Item 1M - Page 21
4304 and § 4310.

14. Human Trafficking
FY23 Standard Assurances
Federal Grant Programs
The Applicant will comply with the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

COUNWOFR/VERS/DE
(gaze FY23 Standard Assurances
Federal Grant Programs
and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 1 1 593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 5469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 5 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 91 1, law enforcement, or similar services.
2023 Standard Assurances Page 9 of 15 Initials
Item 1M - Page 22
FY23 Standard Assurances
Federal Grant Programs
and acquisition is $10,000 ormore;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470}, Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. §469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

COU,WYDFR/VERS/DF
FY23 Standard Assurances
Federal Grant Programs

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. S 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (I-Iscm -

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgmentof Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. SS 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM CHSGP} -

PROGRAM SPECIFIC ASSURANCES I CERUEICAJIONS

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance 2023 Standard Assurances Page 10 of 15 Initialsµ---
FY23 Standard Assurances
Federal Grant Programs
awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. S 41 102) 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.

S 401 18) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1 990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. S 2225a.

30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources. 2023 Standard Assurances Page 11 of 15 Initials
Item 1M - Page 24
FY23 Standard Assurances
Federal Grant Programs
awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 411 02) 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 197 4 (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 B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds c omplies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.

31. Patents and Intellectual Property Rights
Unless othenNise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. S 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. S 401.14.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 2023 Standard Assurances Page 12 of 15 Initials
Item 1M - Page 25
FY23 Standard Assurances
Federal Grant Programs

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their OHS Financial Assistance Office, prior to using the OHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 2023 Standard Assurances Page 12 of 15 Initials ~
cozwrraemvns,'DF
FY23 Standard Assurances
Federal Grant Programs

Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
a) All iron and steel used in the project are produced in the United States — this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
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 productthat 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; qnd
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.

Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America" preference under an infrastructure program in certain cases.

On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023.

Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
a) All iron and steel used in the project are produced in the United States - this means a ll 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.

Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America" preference under an infrastructure program in certain cases.

On July 1, 2022, 0MB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023.

Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or 2023 Standard Assurances Page 13 of 15 Initials
I
~
(gaca FY23 Standard Assurances
Federal Grant Programs
through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if Riverside County OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

Failure to expend funding.

Failure to expend at least 90% or $5,000 (whichever is greater) of the award could affect future funding.

Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.

Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.

Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process
Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.

Failure to follow grant agreement requirements or special conditions.

False certification in the application or document.

Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
2023 Standard Assurances Page 14 of 15 Initials
Item 1M - Page 27
FY23 Standard Assurances
Federal Grant Programs
through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if Riverside County OA or the Cal OES determines that any of the following has occurred: ( 1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, inc luding any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
2023 Standard Assurances Page 14 of 15
FY23 Standard Assurances
Federal Grant Programs
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Riverside County OA, Cal OES, or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 . 1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

City of Palm Springs
Subrecipient:

Signature of Authorized Agent:

Scott Stiles
Printed Name of Authorized Agent:

City Manager Title:
2023 Standard Assurances
Date:

Page 15 of 15 ends

Item 1M - Page 28
FY23 Standard Assurances
Federal Grant Programs
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Riverside County OA, Cal OES, or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 . 1, hereby incorporated by reference, which can be found at:
https: //www .d hs .gov /pu blicatio n/fy 1 5-d hs-stand ard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

S b . . t City of Palm Springs u rec1p1en : ________________ __,,,, __________ _ Signature of Authorized Agent: -----,,,C... 7 A6'---"""- --"-'----'-/-;,> ,.._4ef -'-----'-------------- . . Scott Stiles Printed Name of Authorized Agent: ___________________ _ Title: City Manager
2023 Standard Assurances Page 15 of 15
Date: - 1/-4__, 1 ~_/;2;/ ___ _
Initials ~
l
cauvrrcnwnsmz
County of Riverside Emergency Management Department
Emergency ManagemøntDopartment
FY 2023 Subrecipient Grants ManagementAssessment
Subrecipient: City of Palm Springs
Grant Program Title: FY 23 SHSP
Performance Period: 4/9/24 to 5/31 /25
UEI M81 QLC23JVX5
Subaward Amount
Requested: $74,739
Per Title 2 CFR 5 200.332, it is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass- through funding. This assessment is made to determine and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the award referenced above. For the purposes of completing this questionnaire, "grant manager" is the individual who has primary responsibility for day-to-day administration of the grant, "bookkeeper/accounting staff" means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and "organization" refers to the subrecipient applying for the award, and/or the governmental implementing agency, as applicable,
The following are questions related to your organization's experience in the management of federal grant awards.

This questionnaire must be completed and returned with your grant application materials.

2. 3.

4. 5.

6. 7.

8. 9.

10. 11.

Grant Year: FY22SHSP Amount Awarded:

Grant Year: FY2 ISHSP Amount Awarded:
$13,062
$210,063
$284,560
Amount Expended:

Amount Expended:

Amount Expended:
>5 years
>5 years
Yes
Yes
Select
Annuallv
yes
Yes
Always
>5 vears
Yes
$13,062
$204,000
$284,560
Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is accurate, com lete, and current.

Authorized Agent Signature:

Print Name: Scott Stiles
Grant Manager Signature:

Print Name: Daniel DeSelms
Date:

Title: City Manager
Date: Z 3
Title: Emergency Manager
Item 1M - Page 29
, LIJ(f.NTYOF ,,. RIVERSIDE ' E Ill D County of Riverside Emergency Management Department .,,,nc, MIHIIJll/11/IHI Dlljllrl/11/IHI
-~--,-- FY 2023 Subrecipient Grants Management Assessment Subrecipient: City of Palm Springs UEI # : M8 l QLC23JVX5 Grant Program Title: FY23 SHSP
Performance Period: 4/9/24 to 5/31/25 I Subaward Amount $7 4 739 Reque~ed: ,
Per Title 2 CFR § 200.332, it is required to evaluate the nsk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass- through funding. This assessment is made to determine and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the award referenced above. For the purposes of completing this questionnaire, "grant manager" is the individual who has primary responsibility for day-to-day administration of the grant, "bookkeeper/accounting staff" means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and "organization" refers to the subrecipient applying for the award, and/or the governmental implementing agency, as applicable.

The following are questions related to your organization's experience in the management of federal grant awards.

This questionnaire must be completed and returned with your grant application materials.

1. How many years of experience does your current grant manager have managing >5 years grants?

2. How many years of experience does your current bookkeeper/accounting staff >5 years have managing grants?

3. Are individual staff members assigned to work on multiple grants? Yes

4. Do you use timesheets to track the time staff spend working on specific Yes activities/projects?

5. Does your organization utilize cost tracking methods that distinguishes grant expenditures separately from general fund expenditures? Select

6. How often does your organization have a financial audit? Annuallv

7. Has your organization received any audit findings in the last three years? yes

8. Do you have written procurement policies? Yes

9. Do you get multiple quotes or bids when buying items or services? Always l 0. How many years do you maintain receipts, deposits, cancelled checks, invoices? >5 vears 11 . Has your organization received grant funding for this program in prior years? Yes If yes, provide the following data for the most recent 3 funding years Grant Year: FY22EMPG Amount Awarded: $13,062 Amount Expended: $13,062 Grant Year: FY22SHSP Amount Awarded: $210,063 Amount Expended: $204,000 Grant Year: FY21 SHSP Amount Awarded: $284,560 Amount Expended: $284,560 Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is accurate, com lete, and current.

Authorized Agent Signature: Date:

Print Name: Scott Stiles Title: City Manager
Grant Manager Signature: Date: z ~ Arif!. z I)~'{
Print Name: Daniel DeSelms/ Title: Emergency Manager

ATTACHMENT E
Item 1M - Page 30
Policy
609
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2022/09/20, All Rights Reserved.

Published with permission by Palm Springs Police Department Unmanned Aerial System (UAS) Operations -
1 Unmanned Aerial System (UAS) Operations
609.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 609.1.1 DEFINITIONS
Definitions related to this policy include:

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means. 609.2 POLICY
Unmanned aerial systems may be utilized to enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective. The deployment of unmanned aerial systems by public safety organizations across the country has proven invaluable in improving efficiency, mitigating risk, and preventing injury for both the public and first responders.By affording the department an opportunity to visually access hazardous mountainous terrain or remote desert areas quickly, efficiency is increased in locating lost hikers, at-risk dependent adults, and missing children. Unmanned aerial systems also enable the department to exponentially magnify our capabilities when providing critical overwatch protection during popular large scale special events by increasing our ability to recognize traffic safety hazards or potential pre-assault indicators, and proactively circumventing pending danger or violence without significantly increasing staffing requirements. Unmanned aerial systems provide the ability to monitor rapidly evolving reports of at-large persons suspected of serious criminal offenses or individuals threatening violent behavior before potentially dangerous face-to-face contact is required.

Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
609.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Item 1M - Page 31
Palm Springs Police Department
Policies
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2022/09/20, All Rights Reserved.

Published with permission by Palm Springs Police Department Unmanned Aerial System (UAS) Operations -
2 609.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
• Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS.
• Developing a uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require authorization by the Chief of Police or an authorized designee.
• Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment during critical incidents or pre-planned large-scale public events.
• Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, the establishment of lost link procedures, and secure communication with air traffic control facilities.
• Developing a protocol for fully documenting all missions. In addition to the mandated annual reporting required to remain in compliance with Assembly Bill 481 regarding the department's use of military equipment, all utilization and deployments of the UAS will also be detailed in a quarterly report which will be made available in accordance with standard department practices.
• Developing a UAS inspection, maintenance, and record-keeping protocol to ensure the continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to the chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing quarterly reports on the program to the Chief of Police.

Item 1M - Page 32
Palm Springs Police Department
Policies
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2022/09/20, All Rights Reserved.

Published with permission by Palm Springs Police Department Unmanned Aerial System (UAS) Operations -
3 609.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.

UAS operations should only be conducted in accordance with the Federal Aviation Administration Certificate of Authorization. A UAS should not be flown directly over populated areas without FAA approval.
609.6 PROHIBITED USE
The UAS and its video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person(s) based solely on individual characteristics, such as, but not limited to, race, ethnicity, national origin, religion, disability, gender, or sexual orientation. • To harass, intimidate or discriminate against any individual or group. • For routine surveillance of anyone freely engaging in a constitutionally protected legitimate right to peacefully assemble, demonstrate, or exercise free speech. However, if clear indications of pending violence become imminent at an organized protest, demonstration, or impromptu public gathering, the Chief of Police or their authorized designee may consider deployment of the UAS if appropriate to safeguard overall public safety.
• For unofficial personal uses of any kind.

The UAS shall not be weaponized.
609.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.
609.8 JOINT OPERATIONS OR UNIFIED COMMAND WITH PALM SPRINGS FIRE

DEPARTMENT
In the event Palm Springs Fire Department UAS operators are assisting the police department with the operation of a UAS at a crime scene, all data / evidence obtained from the UAS will be provided to the police department for chain of custody purposes. This data will be retained according to the department's retention standards.

Item 1M - Page 33

CITY COUNCIL STAFF REPORT
DATE: MAY 23, 2024 CONSENT CALENDAR
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

PROJECT ADMINISTRATION SERVICES
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

This action requests Council to approve a five-year Professional Services Agreement to provide on-call project administration services to the Engineering Services Department for the administration of capital projects.

RECOMMENDATION:

1. Approve Professional Services Agreement No. 24Q094 (Attachment A) with NAI Consulting, Inc. to provide on-call project administration services for an amount not to exceed $2,000,000 for a term of five (5) years.

2. Authorize the City Manager or designee to execute all necessary Agreements and authorize the City Engineer to execute all task orders that fall under the agreement value.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Conflict of Interest and Non-Discrimination Certification and Public Integrity Disclosure forms (Attachment B), NAI Consulting, Inc. is a California corporation.

BACKGROUND:

The City regularly utilizes qualified professionals to provide On-Call Project Administration and Grant Administration Services for various projects including federally funded transportation projects. Experience has shown that the use of on-call technical experts helps to support the Engineering Services Department in delivering projects expediently and in conformance with funding guidelines. The purpose of this contract is for a Consultant who has the right skill set and experience levels to assist the City with On-Call Item 1N - Page 1
City Council Staff Report
May 23, 2024 -- Page 2
On-Call Consultant for Federally Funded Projects
Project Administration Services. It is also desired that the costs for these services, to the extent possible, be eligible for federal reimbursement.

This work will be provided on an on-call, as-needed basis and no amount of work is guaranteed. The contract value is based on an estimate only and not reflective of the actual amount of work that may or may not be performed. The City will issue task orders to the consultant to provide the requested services associated with each project, as the need occurs for such services. Work will be performed on either a lump sum or cost-plus fixed fee basis as defined in each task order.

STAFF ANALYSIS:

On March 4, 2024, the Procurement and Contracting Department issued Request for Qualifications 03-24 for On-Call Project Administration Services. The solicitation was advertised publicly in the Desert Sun and posted on the City’s e-procurement system PlanetBids. The following seven firms submitted qualifications for consideration by the April 2, 2024 deadline:
• Ladayu Consulting Group – Palos Verdes Estates, CA
• MARRS Services – Fullerton, CA *
• NAI Consulting – Cathedral City, CA *
• Southstar Engineering – Riverside, CA
• Tricertus – Glendora, CA
• Willdan – Anaheim, CA *
• Villa Civil – Encinitas, CA
*Indicates firms that were interviewed
An evaluation committee (“Evaluation Committee”) consisting of City of Palm Springs staff from the Engineering Services Department and Palm Springs International Airport scored the statement of qualifications received against the criteria published in the Request for Qualifications. The Evaluation Committee then interviewed the highest scoring firms and scored the interviews. The proposal scores and interview scores were combined to determine the final ranking. The top ranked, highest scoring firm is NAI Consulting, Inc.

Since this is a qualifications-based selection, proposers provided hourly rates that were analyzed for cost reasonableness and for inclusion in the contract. Therefore, Staff recommends NAI Consulting, Inc. be awarded the five-year contract for work to be performed on an on-call, as needed basis.

Item 1N - Page 2
City Council Staff Report
May 23, 2024 -- Page 3
On-Call Consultant for Federally Funded Projects
ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

The consultant’s task orders will be based on a project-by-project basis. The projects typically are federally and state funded with the task order costs covered by the federal and state funds. However, on occasion, projects not funded by state or federal funds may require the consultant’s assistance. Those projects without federal and state funds will have budgeted line items to cover the consultant’s expenditures.

REVIEWED BY:

City Engineer: Joel Montalvo
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Professional Services Agreement 24Q094
B. Public Integrity Disclosure Form
Item 1N - Page 3
Attachment A
Item 1N - Page 4

CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT 24Q094

ON-CALL PROJECT ADMINISTRATION SERVICES

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 28th day of May 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and NAI Consulting, Inc. , (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need for As-Needed, “On-Call” Project Administration Services for a variety of future capital projects, (hereinafter the “Project”).

B. Consultant has submitted to City a proposal to provide As-Needed, “On-Call” Project Administration Services for a variety of future capital projects to City pursuant to the terms of this Agreement.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein.

D. City desires to retain Consultant to provide such professional services.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1.0 SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A,” which is attached hereto and is incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). The Services shall be more particularly described in the individual Task Order issued by the City. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following:
(1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”); and (5) the Task Order (as defined herein) (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, is incorporated by reference and are made a part of this Agreement. The Item 1N - Page 5
Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, Task Order, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties.

Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms of this Agreement; (2nd) the provisions of the Task Order; (3rd) Scope of Services (Exhibit “A”), as may be amended from time to time; (4th) the provisions of the City’s Request for Proposal; and (5th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Performance of Services. City Manager or Director Engineering, as provided in Section

2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional Item 1N - Page 6
work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director of Engineering to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform the Work.

1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any Work under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.

2.0 COMPENSATION

2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant’s Services has not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific “Maximum Contract Amount” shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the Director of Engineering or the City Manager as provided in this Section

2.1. The method of compensation for each separate City authorized Task Order may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit “B”, or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore.

It is expressly agreed that the maximum contract amount of this Agreement is a not to exceed $2,000,000 over the five-year term or approximately $400,000 annually and is subject to the number and type of projects requiring the Consultant’s Services throughout the duration of the term of this Agreement, if any. Consultant’s compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant.

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By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary for the projects.

2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees.

An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.

If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any Services and Consultant shall not be entitled to payment for any Services that Consultant may provide.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement.

Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written Task Order and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time for performance of Services to be rendered under each Task Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Item 1N - Page 8
Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for five years from the effective date of this Agreement.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Joshua Nickerson, P.E. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons Item 1N - Page 9
engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Consultant.

A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint ventures or a member of any joint enterprise with Consultant.

B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply Item 1N - Page 10
with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows:

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of Item 1N - Page 11
three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, nonowned, leased, and hired cars.

E. Professional Liability Insurance (errors and omissions). Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of professional liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance Item 1N - Page 12
policies required of Consultant pursuant to this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers.

Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made, or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and others engaged in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.

H. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.

Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features, or limits contained in this Item 1N - Page 13
section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, Item 1N - Page 14
“endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement.

Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer Item 1N - Page 15
shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event, Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate Item 1N - Page 16
court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Termination. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer.

Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

8.4 Default of Consultant.

A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section

8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.

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8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”).

Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Item 1N - Page 18
Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204

Item 1N - Page 19

To Consultant: NAI Consulting, Inc.

Attention: Joshua Nickerson, P.E.
68955 Adelina Road
Cathedral City, CA 92234
Telephone: (760) 323-5344

10.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also Item 1N - Page 20
require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

11.0 FEDERAL PROVISIONS

11.1 State Prevailing Wage Rates.

A. Consultant shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.

B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.

C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.

11.2 Prohibition of Expending City, State or Federal Funds for Lobbying.

A. Consultant certifies to the best of his or her knowledge and belief that:
1) No state, federal or City appropriated funds have been paid, or will be paid by-or-on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
2) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

11.3 Debarment and Suspension Certification.

A. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury Item 1N - Page 21
under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Any exceptions to this certification must be disclosed to the City.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.

11.4 Disadvantaged Business Enterprises (DBE) Participation.

A. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this contract is 22%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto as Exhibit “D” and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate.

D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prior written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting the City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, Item 1N - Page 22
ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by Consultant or Consultant’s authorized representative and shall be furnished to the Contract Administrator with the final invoice.

Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

K. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City’s Contract Administrator within 30 days.

11.5 Safety.

A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

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C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Section.

11.6 National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

11.7 Title VI Assurances. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1.

Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the contractor under the contract until the contractor complies; and/or 2. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto.

The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance.

Provided, that if the contractor becomes involved in, or threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Item 1N - Page 24
Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and lowincome populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). [SIGNATURES ON FOLLOWING PAGE]
Item 1N - Page 25

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND NAI CONSULTING, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1N - Page 26
EXHIBIT “A”

SCOPE OF SERVICES
Item 1N - Page 27

SCOPE OF WORK

1.1 Background:

A. The City utilizes qualified professionals to provide On Call Project Administration and Grant Administration Services for various projects including federally funded transportation projects. The City recognizes that the key to a successful Engineering Services Department is a good management support team. The purpose of this contract is for Consultant(s) who have the right skill sets and experience levels to assist the City with On Call Project Administration Services. It is also desired that the costs for these services, to the extent possible, be eligible for federal reimbursement.

B. The Consultant will work with Caltrans District 8 and Caltrans Headquarters Office. In addition, Consultants shall provide on call project administration and project controls (project scheduling; cost estimating, cost control, document control); grant administration and grant reimbursements; and project and program financial and fiscal management. The Consultant will develop monitoring reports and perform trend analysis to detect and correct project delivery deficiencies. The Consultant will provide general project administrative support which will include maintaining project records and document control; developing and reviewing invoices and grant reimbursements; and developing project fact sheets, presentation and other reports and information. The Consultant will assist the City and jurisdictions to process State, federal or regional funding agreements and programming/grant applications; preparation of decision documents and staff reports; and preparation of periodic reports necessary for efficient and timely project delivery.

C. The Consultant’s assigned staff will augment City staff as independent contractors serving as liaison to other agencies, consultants, and the public. In this role, the Consultant’s staff must adhere to the highest level of professionalism, ethics, and accountability, acting in a responsible, mature and thoughtful manner expected of a public official.

D. This work will be provided on an on call as needed basis and no amount of work is guaranteed. The contract value is based on an estimate only and not reflective of the actual amount of work that may or may not be performed. The City will issue Task Orders to the Consultant to provide the requested services associated with each project, as the need occurs for such services. Work will be performed on either a lump sum or cost plus fixed fee basis as defined in each task order.

1.2 Scope:

A. The scope of work for Project Administration including Grant Administration Services is to provide the City with well-qualified contract staff that are experienced with Caltrans Local Assistance Procedures Manual (LAPM) applicable to federally funded projects. In particular, the Consultant will be expected to participate as the Project Administrator administering the progress of each project including federally funded projects, attending meetings, monitoring progress with action items, maintaining project schedules, reviewing project submittals; etc. It is important that the Consultant assign contract staff that can prepare Requests for Authorization (RFA’s) for various phases of work, in accordance with the LAPM, and can monitor project schedules and Item 1N - Page 28
coordinate Federal Transportation Improvement Program (FTIP) Amendments through Riverside County Transportation Commission (RCTC) and Southern California Association of Governments (SCAG) as may be necessary to accommodate changing project schedules, including advancement of funding.

B. The Consultant shall provide as-needed support per week on or off site, as determined by the City Engineer. Typical services to be provided include, but are not limited to, the following:

1. Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding and approvals.

2. Identify and prepare grant opportunities and prepare documents (such as project proposals and plans), evaluate and prepare budgets, and complete required federal forms.

3. Assist with bidding procedures, prepare bid summaries, and make recommendations for consideration to award contracts for planning, design, and/or construction.

4. Prepare staff reports and written communications.

5. Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time.

6. Prepare and track project schedules.

7. Prepare correspondence, reports, and memoranda necessary to administer various City capital improvement projects.

8. Other duties as requested by the City Engineer
C. The Consultant shall perform the following types of services:

1. Overall Project Administration
Consultants must identify a Project Administrator who will coordinate with City management and staff to plan routine and on-call services; monitor and control contract budgets; and ensure that services are consistent with the overall mission of the City. The Project Administrator will consult with City management on strategies for project development, project financing and City policies. Other responsibilities of the Project Administrator include but are not limited to:
a. Managing resources to provide required services within established timelines and budget; maintaining quality control over the products and services provided by the Consultant team; submitting timely and accurate invoices for Consultant services; and other miscellaneous administrative tasks necessary to perform the work.
b. Ensure that Consultant resources have the necessary skills, tools, and experience to accomplish assigned work.

Item 1N - Page 29
c. Assist the City in tasks necessary to expedite project delivery such as “trouble shooting” and resolving issues with Caltrans, jurisdictions, regulatory parties and other affected agencies that may hamper project delivery schedules. d. Provide specialized assistance such as assisting with the solicitation of construction bids, assessing innovative project delivery strategies, and communicating City accomplishments.
e. The Consultant shall track the status of estimates and funding for each project; track allocations and expenditures over time for individual projects; track contracts and agreements; and maintains project schedules and milestones.

Consultants shall assist City staff in planning, monitoring and controlling project and contract scope, cost and schedules.

2. Project Delivery Administration
The Consultant will assign a Project Administrator for all projects or project phases and will coordinate with the City’s existing consultants who have been awarded the environmental and/or design services contracts for the various projects including federally funded projects. Typical tasks include:
a. Develop, monitor, and maintain a detailed financial plan for each project by fund type, project phase and year of fund expenditure.
b. Develop and maintain a detailed project activity and milestone schedule. c. Allocate available projects funds to activities and contracts. d. Identify and develop strategies to mitigate project risks. e. Interact with other public and regulatory agencies, utility companies and Caltrans to control project budgets and schedules.
f. Attend project development team meetings and other stakeholder and community meetings for the projects.
g. Employ project administration, contract administration, and project control techniques to ensure projects are delivered within approved scope, schedule and budget.
h. Develop newsletters and/or other communication tools to engage the general public.
i. Meet with individual property owners and other stakeholders to explain potential project impacts.
j. Draft staff reports for City Council and committee meetings.

3. Design Contract Administration
The City obtains the majority of its services via contracts, typically Architectural and Engineering (A&E) contracts. As such, typical contract administration tasks are to develop scope and fee, monitor costs and progress, and close contracts is required. In most cases, the Project Administrator performs contract administration services. Typical tasks include but are not limited to:

Item 1N - Page 30
a. Develop consultant scopes-of-work, plan and assist with the administration of the consultant selection process and assist with the negotiation of contract language.
b. Assist with the admnistration of consultant contracts for project study reports, environmental clearance, final design, right-of-way acquisition, and construction administration and ensure that associated project deliverables meet the project requirements and terms of consultant agreements. c. Monitor contract budgets, review and recommend approval of invoices, and coordinate / resolve budget issues on assigned contracts. d. Meet with the A&E consultant project manager to review work and ensure that the work meets the needs of the project.
e. Develop cost and schedule forecasts to complete. Communicate progress with the City’s Project Manager and maintain project information. f. Employ project administration and project control techniques to ensure contracts are delivered within approved scope, schedule and budget. g. Monitor contract terms and identify the need to evaluate contracts for extensions or amendments.
h. Draft staff reports for City Council and committee meetings.

4. Construction Management Contract Administration
The City will separately solicit and award an agreement for construction phase support, whereby those construction management consultants will assign a Resident Engineer for each project where the City will Advertise, Award and Administer (AAA) the construction contract. The Consultant will assign a Contract Administrator to coordinate with construction management consultants and other engineering consultants performing design support during construction services.

Typical tasks include but are not limited to:
a. Assist with development of consultant scopes-of-work, plan and administer the consultant selection process, and assist with the negotiation of contract terms or construction management consultants.
b. Asist with the development of the construction contract bid packages with the design and construction management consultants.
c. Assist with the advertisement and award of construction contract. d. Coordinate with the construction management consultant in administering the construction contract.
e. Attend meetings with construction contractors and other stakeholders. f. Foster a partnering relationship with the construction contractor, construction management consultant, and other stakeholders.
g. Review and recommend approval of contractor progress payments.

Item 1N - Page 31
h. Review and assist in the analysis of contractor schedules, claims and change orders.
i. Ensure that the work is executed in accordance with encroachment permits, environmental permits, right-of-way agreements, cooperative agreements and other requirements of the City and regulatory agencies. j. Assist with Labor Compliance and other contract compliance reviews. k. Oversee and administer direct work of construction management consultant to ensure compliance of contractors with certifications and licenses; materials certification and testing; labor compliance and other contractual compliances. l. Execute construction close-out including resolving claims and development of as-built plans and other project records.

5. Project Oversight and Delivery Support
Monitor and report on the various projects including federally funded projects.

Typical tasks include but are not limited to the following:
a. Coordinate with City staff to initiate projects and project phases and obtain appropriation of local funds, authorization and obligation of federal funds CALTRANS E-76 Waiting List or other actions to obtain approval to expend funds.
b. Draft funding resolutions, memorandum of understanding and cooperative agreements.
c. Coordinate with City staff to obtain project delivery and financial status, and assist proponents when possible, in resolving project issues. d. Maintain project delivery schedules for each project based on periodic updates from the City’s A&E consultants.
e. Schedule projects for peer review consistent with City policies and assist in peer reviews of individual projects.
f. Work with the City’s A&E consultants to expedite project delivery. g. Assist the City’s A&E consultants in moving from one phase of a project phase to a subsequent phase.
h. Assist the City’s A&E consultants with respect to program requirements, federal aid (obligations, Request for Authorization (RFA) submittals, project reporting, etc.) and Caltrans local assistance processes, and other requirements from funding agencies for those funds programmed for the project. i. Review and recommend approval of invoices; and
j. Ensure that projects are closed out in accordance with funding requirements.

6. Capital Program and Project Administration Support
The Consultant is required to provide a range of miscellaneous support services to assist the City in delivering its program. Typical services include, but are not limited to the following:

Item 1N - Page 32
a. Develop / maintain hard-copy and electronic project filing systems, perform document management, maintain electronic records, etc.
b. Receive project invoices, perform quality control, and recommend approval or reject with revision.
c. Develop / maintain project fact sheets and other project information. d. Develop and support public informational materials, media requests, miscellaneous presentations, etc.
e. Coordinate and schedule meetings and events.

1.3 Potential Projects:

The following is a sample of federally and state funded projects the Project Administrator will be assisting the City during the course of this agreement:
 Bridge Retrofit Projects
 Bridge Widening Projects
 Bridge Replacement Projects
 Transportation Projects such as Traffic Signals, Traffic Timing, Traffic Signal Safety Improvements, Intersection Modifications and Pedestrian Safety Projects  Street Redesign and Reconstruction Project
 Congestion Mitigation and Air Quality Projects
 Active Transportation Projects
Please note in order to avoid any conflicts of interest, the firm selected for this work will be prohibited from pursuing work under any future contracts for the City projects such as Architectural, Engineering, Construction Management or Construction during the term of this contract.

1.4 Schedule:

Work will commence on issuance of individual task orders and the task orders will define the schedule for the work.

1.5 Compensation:

Work will be authorized under individual task orders and will be compensated on an either a lump sum or cost-plus fixed fee basis utilizing the hourly rates, approved overhead and fee/profit included in the contract. Contract pricing in each task order shall include all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. There is no specific amount of work guaranteed as this is an on-call contract.

Item 1N - Page 33
EXHIBIT “B”

SCHEDULE OF COMPENSATION
Item 1N - Page 34
Item 1N - Page 35 NAI Consulting, Inc. Compensation for Services Date: 4/ 212024 Contract No.: 03-24 Project No.: TBD Particpation Amount: S2,000,000 0 Prime CorJS ul!rull n Subcorn;ultrun n 2nd Tier SubcorJSultrun Combined Rate Combtncd TCR
Fringe Benefit: + Administrative Costs 138% 138%
Fee: 10%

BILLING INFORMATION CALCULATION INFORMATION
Job Title/ Name I Classification How:ly Bilfuig Rates Effective Date of Hourly Rate Actual or Avg. % or$ Hourly Range - for Straight OT(l.5x) OT(2x) From To How:Jy Rate lncrease Classifications Principal CM! Engineer" $ 223.00 NIA NIA 1/112024 1213112024 $ 85.00 Not Applicable Principal Pr~ect Manager• $ 223.00 NIA NIA I/J/2025 1213112025 0.0% - Joshua Nickerson $ 223.00 NIA NIA 11112026 1213 1/2026 0.0% - Lorissa Gruchl $ 223.00 NIA NIA 111/2027 12131/2027 0.0% $ 223.00 NIA NIA 1/1/2028 12131/2028 0.0%
$ 223.00 NIA NIA 1/112029 1213 112029 0.0%
Project Manager Vl • $ 196.00 NIA NIA 111 12024 1213 112024 $ 75.00 $70.00 -SS0.00 Senior Engi neer VI" $ 196.00 NIA NIA 111/2025 12131/2025 0.0% $ 196.00 NIA NIA 1/1/2026 12131/2026 0.0% $ 196.00 NIA NIA 1/112027 1213 1/2027 0.0% $ 196.00 NIA NIA l/i/2028 1213112028 0.0% $ 196.00 NIA NIA ]/J/2029 1213112029 0.0%
Project Mruiager v• $ 177.00 NIA NIA ll i/2024 1213112024 $ 67.50 565.00 -S70.00 Senior Engineer V"" $ 177.00 NIA NIA i/J/ 2025 1213 l/2025 0.0% $ 177.00 NIA NIA 111 12026 12131 /2026 0.0%
$ 177.00 NIA NIA 111/2027 1213 1/2027 0.0% $ 177.00 NIA NIA 1/1/2028 12131/2028 0.0% $ 177.00 NIA NIA 1/ 112029 1213112029 0.0% Project Manager [V"" $ 164.00 NIA NIA 1/1/2024 1213 1/2024 $ 62.50 $60.00 - S65.00 Senior Engineer [V"" $ 164.00 NIA NIA 1/1/ 2025 1213112025 0.0% $ 164.00 NIA NIA 11112026 1213112026 0.0%
$ 164 .00 NIA NIA ]/ 1/2027 12131/2027 0.0%
$ 164.00 NIA NIA 11112028 1213 1/2028 0.0% $ 164.00 NIA NIA 111/2029 12131/2029 0.0% Proj ect Mrutager m• $ 151.00 NIA NIA l/i/2024 12131/2024 $ 57.50 $55.00 · S60.00 Senior Engineer Ill• $ 151.00 NIA NIA 111/2025 12131/2025 0.0% $ 15 1.00 NIA N/A 111 /2026 1213 1/2026 00%
$ 151.00 NIA NIA 111/2027 12131/2027 0.0% $ 15 1.00 NIA NIA 1/1/2028 12131/202S 0.0% $ 151.00 NIA NIA 11112029 12131/2029 0.0%

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Palm Springs City CouncilMay 23, 2024

Palm Springs City Council
May 23, 2024