Sacramento City Council
August 12, 2025

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01374 8/12/2025
Cooperative Purchasing Agreement: Fire Personal Protection & Fire Fighting Equipment File ID: 2025-01374
Location: Citywide
Recommendation: Pass a Motion: 1) approving the use of the Public Procurement Authority/National Purchasing Partners Rescue GPO (NPPGov) cooperative purchase agreement for Personal Protective Equipment with a) Municipal Emergency Services (Contract No. PS20070) for an amount not to exceed $320,000; 2) approving the use of the NPPGov cooperative purchase agreement for Fire Fighting Equipment with LN Curtis & Sons (Contract No. PS20015) for an amount not to exceed $367,500; 3) approving the use of the NPPGov cooperative purchase agreement for Self-Contained Breathing Apparatus (SCBAs) with a) Municipal Emergency Services (Contract No.

PS20120) for an amount not to exceed $320,000; 4) authorizing the Interim City Manager, or designee, to execute the cooperative/piggybacking agreement; and 5) issuing the required purchase orders for the not-to-exceed amount specific for the vendors under each cooperative purchasing agreement referenced above until June 30, 2026.

Contact: Masoumeh Ramazani, Administrative Officer, (916) 808-8065, Fire Department Presenter: None
Attachments:
1-Description/Analysis
2-PRC003608 Municipal Emergency Services Cooperative/Piggybacking Agreement (NPP Gov Contract No. PS20070)
3-PRC003605 LN Curtis and Sons Cooperative/Piggybacking Agreement (NPP Gov Contract No.

PS20015)
4-PRC003609 Municipal Emergency Services Cooperative/Piggybacking Agreement (NPP Gov Contract No. PS20120)
Description/Analysis
Issue Detail: The Fire Department has an ongoing need to purchase logistical fire-related supply and services such as personal protection equipment (PPE), SCBAs and firefighting equipment. After evaluating a variety of options, staff is recommending Council approve purchasing required PPE and SCBAs from Municipal Emergency Services and required firefighting equipment from LN Curtis until

File ID: 2025-01374 8/12/2025
June 30, 2026, through their cooperative purchase agreements with NPPGov.

Policy Considerations: The recommendations in this report are in accordance with provisions of the City Code Section 3.56.240, which authorizes the City Manager, where advantageous to the City, to utilize cooperative purchasing agreements approved by the City Council to purchase supplies or nonprofessional services through legal contracts of other governmental jurisdictions or public agencies without competitive bidding by the City.

Economic Impacts: None.

Environmental Considerations: This report concerns administrative activities that do not constitute a “project” as defined by section 15378 of the California Environmental Quality Act (CEQA) Guidelines and is otherwise exempt pursuant to sections 15061(b)(3); 15378(b)(2).

Sustainability: None.

Commission/Committee Action: None.

Rationale for Recommendation: The Fire Department must provide staff with PPE/supplies and firefighting equipment throughout the fiscal year. After reviewing the available purchase options, the Fire Department has determined that the cooperative purchase agreements NPPGov holds with LN Curtis and Municipal Emergency Services represent the most advantageous purchasing strategy.

In an ongoing effort to maximize cost savings and staff resources, many government agencies share contracting efforts through cooperative purchasing. This procurement approach increases pricing competitiveness and lowers operating costs through buying in volume. When comparing the administrative costs of procurement, staff considers product research, source selection, specifications, advertising, staff reports, awarding, potential protest, and contract administration.

Cooperative purchasing is more beneficial to eliminate additional time and resources spent on those administrative processes.

Financial Considerations: Sufficient funding has been identified in the Fire Department’s Fiscal Year (FY) 2025/26 operating budget to make purchases through June 30, 2026. Purchases made after June 30, 2026, are subject to funding availability in the adopted budget of the applicable fiscal year.

File ID: 2025-01374 8/12/2025
Cooperative Purchases:

Cooperative Purchases
Vendor Name Not to Exceed
Amount
Cooperative Purchase
Agreement
Description
Municipal
Emergency
Services: Personal
Protective
Equipment (PPE)
$320,000 NPPGOV Contract No.

PS20070
Firefighter Personal
Protective
Equipment (PPE)
LN Curtis: Fire
Fighting Equipment
$367,500 NPPGOV Contract No.

PS20015
Firefighting
Equipment
Municipal
Emergency
Services: SCBAs
$320,000 NPPGOV Contract No.

PS20120
SCBAs
Local Business Enterprise (LBE): The City’s LBE program does not apply to cooperative purchasing agreements resulting from another public agency’s competitive bid process.

CONTRACT #: PRC003608 CONTRACT NAME: MES - PPE AGREEMENT TERM: AUTHORIZED RENEWALS: DEPARTMENT: FIRE CITY OF SACRAMENTO COOPERATIVE/PIGGYBACKING AGREEMENT Cooperative/Piggyback Agreement – Approved by CAO 1-23-2025 The City of Sacramento ("City") and MUNICIPAL EMERGENCY SERVICES, INC ("Contractor"), hereby agree to this Cooperative/Piggybacking Purchase Agreement (“Agreement”), effective as of 07/01/2025. WHEREAS, the City wishes to purchase FIRE FIGHTER PERSONAL PROTECTION EQUIPMENT, pursuant to the terms of this Agreement and Contract No. PS20070, dated 02/21/2020 (the “Cooperative Contract,” which is incorporated herein by this reference), with NATIONAL PURCHASING PARTNERS (NPPGov) (“Cooperative Purchasing Organization”). NOW THEREFORE, Contractor and the City agree as follows: 1. The City agrees to purchase, pursuant to the terms of this Agreement and the Cooperative Contract, FIRE FIGHTING EQUIPMENT. In no way shall payment from City to Contractor under this Agreement exceed $320,000.00. 2. Scope of work. [City representative to check all that apply]: [___] City’s purchase of the goods and/or services described herein shall be as set forth in Exhibit A. The goods and/or services shall be delivered to the City no later than DATE. The terms of this Agreement and the Cooperative Contract shall control over any contrary terms included in Exhibit A; and/or [_X_] City’s purchase of the goods and/or services described herein, including the date(s) of delivery, shall be as set forth in purchase order(s) issued by the City. The terms of this Agreement and the Cooperative Contract shall control over any contrary terms included in a purchase order. 3. The City shall have all the same pricing, terms, conditions, rights, and obligations as the Cooperative Purchasing Organization under the Cooperative Contract. 4. The term of this Agreement shall run through 03/23/2026 unless terminated earlier by the City. If the Cooperative Purchasing Organization renews or extends the Cooperative Contract by written amendment, this Agreement will automatically extend, not to go beyond (i) the term of the amended Cooperative Contract, or (ii) a total term of five years, whichever first occurs. Additionally, if the Cooperative Purchasing Organization renews or extends the Cooperative Contract by written amendment then the City has the option to extend the term of this Agreement, not to go beyond the term of the amended Cooperative Contract. City may terminate this Agreement upon notice to Contractor. 5. Notwithstanding any contrary term(s) in the Cooperative Contract, including any limitation of liability provision, Contractor shall defend, hold harmless and indemnify City, its officers and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the work or services performed under this Agreement or the Cooperative Contract, including, any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real or intellectual property, damage to the environment, contractual or CONTRACT #: PRC003608 CONTRACT NAME: MES - PPE AGREEMENT TERM: AUTHORIZED RENEWALS: DEPARTMENT: FIRE CITY OF SACRAMENTO COOPERATIVE/PIGGYBACKING AGREEMENT Cooperative/Piggyback Agreement – Approved by CAO 1-23-2025 other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Agreement or the Cooperative Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts or omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for any damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. 6. Insurance Requirements. [To be completed by the City representative]. Contractor shall, at Contractor’s sole cost and expense and for the full term of this Agreement or any extension thereof, satisfy the following insurance requirements which shall apply to Contractor’s performance under this Agreement [check one]: [___] the insurance limits and obligations contained in the Cooperative Contract. The City shall have all the same rights as the Cooperative Purchasing Organization under the Cooperative Contract and Contractor shall provide the City with certificates of insurance evidencing the insurance required upon request. [_X_] the insurance requirements contained in Exhibit B, notwithstanding any contrary insurance requirements contained in the Cooperative Contract. If neither line above in this section 6 is checked, the insurance limits and obligations contained in the Cooperative Contract shall apply, the City shall have all the same rights as the Cooperative Purchasing Organization, and Contractor shall provide the City with certificates of insurance evidencing the insurance required upon request. 7. Notwithstanding any contrary term(s) in the Cooperative Contract, this Agreement shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Agreement will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 8. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission. 9. Contractor warrants and represents that the person or persons executing this Agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this Agreement and bind Contractor to the terms hereof.

CONTRACT #: PRC003608 CONTRACT NAME: MES - PPE AGREEMENT TERM: AUTHORIZED RENEWALS: DEPARTMENT: FIRE CITY OF SACRAMENTO COOPERATIVE/PIGGYBACKING AGREEMENT Cooperative/Piggyback Agreement – Approved by CAO 1-23-2025

10. Except as specifically modified herein, all terms and conditions of the Cooperative Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions of the Cooperative Contract as stipulated and modified by this Agreement. Where there is a conflict between the terms and conditions of the Cooperative Contract and this Agreement, this Agreement shall control.

EXHIBIT A FEDERAL TERMS AND CONDITIONS CITY OF SACRAMENTO (NOT Federally Assisted Construction Contract)

The City of Sacramento ("City") and Municipal Emergency Services Inc. ("Contractor"), hereby agree to these Federal Terms and Conditions (“Federal Terms”), as respectively memorialized in Supplement 1 and Supplement 2 as attached hereto, effective the date these Federal Terms are fully executed. WHEREAS, the Contractor entered into Contract #PS20070 with National Purchasing Partners (NPPGov) (Cooperative Contract); and WHEREAS, the City wishes to purchase Personal Protection Equipment for California Task Force 7, pursuant to the terms of the Cooperative Contract and these Federal Terms and Conditions. NOW THEREFORE, Contractor and the City agree as follows: 1. City and Contractor respectively warrant and represent that the person or persons executing these Federal Terms on behalf of City and Contractor has or have been duly authorized by City or Contractor to sign these Federal Terms and bind City or Contractor to the terms hereof. 2. Except as specifically modified herein, all terms and conditions of the underlying Cooperative Contract shall remain in full force and effect, and Contractor shall perform all the services, duties, obligations, and conditions required under the underlying Cooperative Contract, as supplemented and modified by these Federal Terms.

Supplement 1 GENERAL FEDERAL TERMS (2 C.F.R. Part 200, Appendix II) 1. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees: A. To comply with all Federal nondiscrimination laws and equal opportunity laws and regulations, as may be amended from time to time; B. Not to participate directly or indirectly in the discrimination prohibited by any Federal law or regulation, including but not limited to: (1) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., Treasury’s implementing regulations at 31 C.F.R. Part 22, and any applicable implementing federal directives that may be issued; (2) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.); (3) The Older Americans Act, as amended (42 U.S.C. 6101), Section 324 of title 23 U.S.C., prohibiting discrimination based on gender, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23; and (4) The Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et seq.), as well as all applicable regulations and guidelines issued pursuant to the ADA, including but not limited to those found within the Code of Federal Regulations, title 49, parts 27, 37, and 38. C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the City or the applicable federal agency; D. That, in the event Contractor fails to comply with any nondiscrimination provisions in this contract, the City and the applicable federal agency will have the right to impose such contract sanctions as they determine are appropriate, including but not limited to withholding payments to the contractor until the contractor complies, and/or cancelling, terminating, or suspending this contract, in whole or in part; E. To insert this clause, including paragraphs (a) through (e), in every subcontract and in every solicitation for a subcontract; and G. Compliance with all Non-Discrimination and Equal Employment Opportunity Laws: (1) It is the City’s policy to comply with state and federal laws and regulations including Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990 (ADA) and other federal and state anti-discrimination laws and regulations. The City does not discriminate on the basis of race, color, sex, creed, religious creed, national origin, age, marital status, ancestry, medical condition, disability (including HIV and AIDS), sexual orientation or gender identity in conducting its business. The City prohibits discrimination by its employees, contractors and consultants.

(2) Contractor assures the City that it complies with, and that Contractor will require that its subcontractors comply with, all non-discrimination and equal opportunity laws. (3) Any failure by Contractor to comply with these provisions shall constitute a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City may deem appropriate. 2. ALLOWABLE COSTS Contractor agrees that any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under the applicable provisions of 2 C.F.R. Part 200 are subject to repayment by Contractor to the City. Disallowed costs must be reimbursed to the City within sixty (60) days unless the City approves in writing an alternative repayment plan. 3. DRUG-FREE CERTIFICATION By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of 31 C.F.R. Part 20 (Governmentwide Requirements for Drug-Free Workplace) and the Drug-Free Workplace Act of 1990 (Government Code § 8350 et seq.) and will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations. B. Establish a Drug-Free Awareness Program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The person’s or the organization’s policy of maintaining a drug-free workplace; (3) Any available counseling, rehabilitation, and employee assistance programs; and (4) Penalties that may be imposed upon employees for drug abuse violations. C. Every employee of Contractor who works under this Agreement shall: (1) Receive a copy of Contractor’s Drug-Free Workplace Policy Statement; and (2) Agree to abide by the terms of Contractor’s Statement as a condition of employment on this Agreement. 4. ENVIRONMENTAL COMPLIANCE Contractor agrees to comply with the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), Executive Order 11738, all Environmental Protection Agency (“EPA”) Regulations (40 C.F.R.) and all applicable standards, orders or regulations issued pursuant thereto. Contractor agrees to report any violation of these statutes and regulations to the City and understands and agrees that the City will, in turn, report each violation, as required, to assure notification to the appropriate federal agency and EPA Regional Office. 5. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT In the event that Contractor or any subcontractor is contracting for work requiring or involving the employment of laborers or mechanics, the following terms shall apply in accordance with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708):

A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. C. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. 6. PROTECTIONS FOR WHISTLEBLOWERS. Pursuant to 41 U.S.C. 4712, Contractor may not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing an information the employee reasonably believes is evidence of gross mismanagement of this contract, a gross waste of federal funds, an abuse of authority related to this contract, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to this contract. 7. INCREASING SEAT BELT USE IN THE UNITED STATES. Pursuant to Executive Order 13043, 62 F.R. 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

8. REDUCING TEXT MESSAGING WHILE DRIVING. Pursuant to Executive Order 13513, 74 F.R. 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and should establish workplace safety policies to decrease accidents caused by distracted drivers. 9. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the non-Federal award. 10. DOMESTIC PREFERENCES FOR PROCUREMENTS (2 C.F.R. 200.322). A. Preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). B. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11. DEBARMENT AND SUSPENSION (Executive Orders 12549 and 12689). Contractor is subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. 12. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. 200.323). States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

13. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (2 C.F.R. 200.216). Contractor is prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (i) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) telecommunications or video surveillance services provided by such entities or using such equipment; (iii) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 14. DOMESTIC PREFERENCES FOR PROCUREMENTS (2 C.F.R. 200.322). As appropriate and to the extent consistent with law, Contractor should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Supplement 2 U.S. DEPARTMENT OF HOMELAND SECURITY NATIONAL URBAN SEARCH & RESCUE RESPONSE SYSTEM READINESS COOPERATIVE AGREEMENT TERMS (Source: FY 2023 National US&R Response System Readiness Cooperative Agreement) 1. DHS SPECIFIC ACKNOWLEDGEMENTS AND ASSURANCES (Article 2). Contractor acknowledges and agrees to comply with applicable provisions governing United States Department of Homeland Security (“DHS”) access to records, accounts, documents, information, facilities, and staff. 2. JOHN S. MCCAIN NATIONAL DEFENSE AUTHORIZATION ACT OF FISCAL YEAR 2019 (Article 22). Contractor and its subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to Contractors and its subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. 3. DISPOSITION OF EQUIPMENT ACQUIRED UNDER THE FEDERAL AWARD (Article 45). If original or replacement equipment acquired under the US&R Response System Readiness Cooperative Agreement award by Contractor is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, Contractor must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. If Contractor is a state government or a subdivision thereof, Contractor must follow the disposition requirements in accordance with state laws and procedures. 4. COOPERATIVE AGREEMENT (Article 50). Contractor shall not develop or engage in the development of tasks not approved in City’s National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement application without post-award approval from the Federal Emergency Management Agency (“FEMA”) program office, and the issuance of a Grant Amendment from FEMA.