Agenda packet, regular meeting — West Covina City Council, November 19, 2024 (part 1 of 2)

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY/

WEST COVINA COMMUNITY SERVICES FOUNDATION
NOVEMBER 19, 2024, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers

AMERICANS WITH DISABILITIES ACT
The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting.

AGENDA MATERIAL
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk’s Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours.

NOTICE
The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary.

PUBLIC COMMENTS

ADDRESSING THE CITY COUNCIL
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk.

Please identify on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to speak on agenda items will be heard prior to requests to speak on non-agenda items. All comments are limited to five (5) minutes per speaker.

Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded.

Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.

RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda.

AGENDA
AGENDA

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

TUESDAY NOVEMBER 19, 2024, 7:00 PM

REGULAR MEETING

INVOCATION
Led by Chaplin Lisa Mayo

PLEDGE OF ALLEGIANCE
Led by Councilwoman Rosario Diaz

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
Certificate of Recognition Acknowledging Casas Medical Clinic for 36 Years of Business in West Covina
Certificate of Recognition Celebrating Eloise Bienvenu's 100th Birthday Proclamation Acknowledging National Diabetes Month
Proclamation Acknowledging Small Business Saturday

CITY MANAGER'S REPORT
City Manager's report on current City projects.

ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor.

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote.

There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action.

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE OCTOBER 15, 2024, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE OCTOBER 15, 2024, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

That the Council approve the October 15, 2024, City Council/Successor Agency Regular Session Meeting Minutes and the October 15, 2024, City Council/Successor Agency Regular Closed Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF THE WEST COVINA COMMUNITY SERVICES FOUNDATION FISCAL 2) CONSIDERATION OF THE WEST COVINA COMMUNITY SERVICES FOUNDATION FISCAL YEAR 2023-2024 ANNUAL REPORT
It is recommended that the Board of Directors of the West Covina Community Services Foundation receive and file this report.

COMMUNITY DEVELOPMENT
3) CONSIDERATION OF APPROVAL OF TRAFFIC RECOMMENDATIONS FROM THE TRAFFIC COMMITTEE MEETINGS BETWEEN JANUARY THROUGH OCTOBER 2024 It is recommended that the City Council approve the Traffic Committee recommendations detailed in the staff report for traffic engineering improvements citywide from the meetings held between January 2024 through October 2024.

FINANCE DEPARTMENT
4) CONSIDERATION OF AUTHORIZATION TO REALLOCATE AND OBLIGATE

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS (SLFRF) AUTHORIZED

BY THE AMERICAN RESCUE PLAN ACT (ARPA)
It is recommended that the City Council:

Authorize the City Manager to reallocate the remaining SLFRF as necessary to obligate all funding by December 31, 2024; and

1. Authorize the City Manager to award and approve any and all purchases and execute any and all agreements for products and services within the remaining SLFRF balance, following the City's procurement requirements, by December 31, 2024.

2. 5) CONSIDERATION OF LABOR MANAGEMENT WORKERS’ COMPENSATION

ALTERNATIVE DISPUTE RESOLUTION (ADR) AGREEMENTS BETWEEN THE CITY OF

WEST COVINA AND WEST COVINA FIREFIGHTERS' ASSOCIATION AND WEST COVINA

FIRE MANAGEMENT ASSOCIATION
It is recommended that City Council approve and adopt the following resolution:

RESOLUTION NO. 2024-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, APPROVING LABOR MANAGEMENT WORKERS'

COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENTS BETWEEN

THE CITY OF WEST COVINA AND THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226 AND THE WEST COVINA FIRE MANAGEMENT

ASSOCIATION
6) CONSIDERATION OF AN ORDINANCE AMENDING PURCHASING PROCEDURES AND

RATIFICATION OF FINDING THAT COMPLIANCE WITH CITY'S BIDDING PROCEDURES

WAS INEFFICIENT IN CONNECTION WITH CERTAIN SERVICES PROVIDED AT CITY EVENTS
It is recommended that the City Council:

Ratify the finding that compliance with the bidding requirements and procedures was inefficient, based on the increase in number of events and lack of staff for event planning for the following services for the period of January 1, 2024 through December 31, 2024:
event rentals, photography, musical performers, and balloon artists.

1. 2. Introduce the following ordinance:

ORDINANCE NO. 2524 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING DIVISION 2 (PURCHASING PROCEDURES) OF ARTICLE VII (PURCHASES AND SALES) OF CHAPTER 2 (ADMINISTRATION) OF

THE WEST COVINA MUNICIPAL CODE

FIRE DEPARTMENT
7) CONSIDERATION OF 2023 DEPARTMENT OF HOMELAND SECURITY (DHS)/ FEDERAL

EMERGENCY MANAGEMENT AGENCY (FEMA), STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT (EMW-2023-FF-01127)
The City Manager recommends that the City Council decline the 2023 SAFER Grant (#EMW-2023-FF-01127), to avoid deficit spending in the General Fund, and future layoffs.

POLICE DEPARTMENT
8) CONSIDERATION OF 2023 STATE HOMELAND SECURITY PROGRAM GRANT It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR AND ACCEPTANCE OF 2023 STATE HOMELAND SECURITY GRANT, AUTHORIZING THE

CITY MANAGER TO EXECUTE ALL GRANT AGREEMENTS AND RELATED

CERTIFICATIONS AND ASSURANCES, AND ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025 (2023 STATE HOMELAND SECURITY PROGRAM GRANT)

END OF CONSENT CALENDAR

MAYOR/COUNCILMEMBERS REPORTS
AB 1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.)

CITY COUNCIL COMMENTS

ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting December 3, 2024 7:00 PM

RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:

Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn.

Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. a.
b. The city council may establish a limit on the duration of oral communications.

All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. c.

The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state.
d.

Sec. 2-50. Decorum--Required.

While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. a.

Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting.

For the purposes of this code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law:
a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.

From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. e.

As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. f.
b.

If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional.

Sec. 2-52. Persons authorized to be within council area.

No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council.

The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.

AGENDA ITEM NO. 1

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Paulina Morales, City Manager
SUBJECT: CONSIDERATION OF APPROVAL OF THE OCTOBER 15, 2024, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE OCTOBER 15, 2024, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

RECOMMENDATION:

BACKGROUND:

That the City Council adopt the attached minutes.

Attachments
Attachment No. 1 - 10/15/2024 Closed Session Minutes Draft Attachment No. 2 - 10/15/2024 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 15, 2024, 6:00 PM

REGULAR MEETING - CLOSED SESSION
MANAGEMENT RESOURCE CENTER 3RD FLOOR
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz

MINUTES

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Calderón Tabatabai on Tuesday, October 15, 2024, at 6:00 p.m., in the Management Resource Center, 1444 West Garvey Avenue South, West Covina, California.

ROLL CALL
Council Members

Present: Council Members Rosario Diaz, Ollie Cantos (Arrived at 6:10 PM), Letty Lopez -Viado, Mayor Brian Calderón Tabatabai

Absent: Mayor Pro Tem Wu
City Staff: Paulina Morales, City Manager, Roxanne Lerma, Assistant City Manager, Thomas Duarte, City Attorney, Stephanie Sikkema, Finance Director, Rob Leiford, Collins & Collins, LLP
ATTACHMENT NO. 1

PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1)

1. Lynn Reck v. City of West Covina; Immanuel First Lutheran Church of West Covina (Superior Court of the State of California Case No. 23PSCV02262)

2. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Government Code § 54957.6
City Negotiators: Morales, Duarte
Employee Organizations
 Confidential Employees
 Maintenance & Crafts Employees
 Non-Sworn
 W.C. Police Officers’ Association
 W.C. Firefighters’ Management Assoc.
 W.C. Firefighters’ Association, I.A.F.F., Local 3226
 General Employees
 Mid-Management Employees
 W.C. Police Management Association
Unrepresented Employee Group
 Department Heads

REPORTING OUT
City Attorney Thomas Duarte reported that no action was taken during the Closed Session Meeting.
-THIS SECTION INTENTIONALY LEFT BLANKADJOURNMENT
A motion to adjourn the Regular Closed Meeting was made by Mayor Calderón Tabatabai, and the meeting was adjourned at 6:35 p.m. The next regularly scheduled Regular Closed City Council Meeting will be held on Tuesday, November 19, 2024, at ATTACHMENT NO. 1
6:00 p.m. in the Management Resource Center 3rd Floor, 1444 West Garvey Avenue South, West Covina, California.

Submitted By:
____________________________
Lisa Sherrick
Assistant City Clerk
__________________________
Brian Calderón Tabatabai
Mayor
ATTACHMENT NO. 2

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 15, 2024, 7:00 PM

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz

MINUTES

INVOCATION
Led by Pastor Mason Okubo from Immanuel First Lutheran Church

PLEDGE OF ALLEGIANCE
Led by Councilwoman Lopez-Viado

ROLL CALL
Council Members

Present: Council Members Rosario Diaz, Ollie Cantos, Letty Lopez-Viado, Mayor Brian Calderón Tabatabai

Absent: Mayor Pro Tem Wu
ATTACHMENT NO. 2

REPORTING OUT FROM CLOSED SESSION
City Attorney Thomas Durate reported that no action was taken during the Closed Session Meeting.

PRESENTATIONS
 Certificate of Recognition presented to Pastor Mason Okubo from Immanuel First Lutheran Church honoring 70 Years of Service
 Certificate of Recognition presented to Adrian Real for Winning the Fire Prevention Poster Contest
 Certificate of Recognition presented to Dean Lomelin
 Proclamation Recognizing National Disability Employment Awareness Month (NDEAM)
 Presentation from San Gabriel Valley Coalition of Government Providing Updates on Programs, Accomplishments and Goals for the Upcoming Year

CITY MANAGER'S REPORT
City Manager's report on current City projects.

ORAL COMMUNICATIONS - Five (5) minutes per speaker
John Shewmaker
Albert Ochoa
R. Robinson
Lisa Mayo
Doug Fore
Shiraz
Rolland Flores
Dr. Peter Davis
Frank Williams
Hector Rojero
Brian Gutierrez
Anthony Ngo
Ray Vicent Vargas
Anthony Ngo
William Elliot
JD

CONSENT CALENDAR
ACTION: Motion by Councilwoman Diaz and Second by Councilwoman LopezViado, 4-0 (Wu: Absent) to: Approve Consent Calendar Item 1,2,4-7 (Item number 3 was pulled by the City Manager to be brought back at the November 19, 2024, City Council Meeting)
ATTACHMENT NO. 2

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE OCTOBER 1, 2024, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE OCTOBER 1, 2024, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

Carried 5-0 to: approve the October 1, 2024, City Council/Successor Agency Regular Session Meeting Minutes and the October 1, 2024, City Council/Successor Agency Regular Closed Session Meeting Minutes.

CITY CLERK'S OFFICE
2) BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE AS REQUIRED BY

THE POLITICAL REFORM ACT
Carried 5-0 to: receive and file the 2024 Local Agency Biennial Notice.

CITY MANAGER'S OFFICE
3) CONSIDERATION OF THE WEST COVINA COMMUNITY SERVICES
FOUNDATION FISCAL YEAR 2023-2024 ANNUAL REPORT
This item was pulled by the City Manager to return at the November 19, 2024 City Council Meeting

COMMUNITY DEVELOPMENT
4) CONSIDERATION OF CONSTRUCTION AGREEMENT FOR STREET SWEEPING

SIGNAGE INSTALLATION AND APPROVAL OF PURCHASE ORDER TO PROCURE STREET SWEEPING SIGNAGE - PROJECT NO. C25015

Carried 5-0 to: take the following actions:

1. Award the construction agreement for the Street Sweeping Signage Installation Project (Project No. C25015) to Square Signs LLC DBA Front Signs, as the lowest responsible bidder;

2. Authorize the City Manager to execute the construction agreement with Square Signs LLC DBA Front Signs for $351,095, in such final form as approved by the City Attorney;

3. Authorize 15% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions;

4. Authorize the City Manager to negotiate and execute any amendments within the authorized contingency; and
ATTACHMENT NO. 2

5. Authorize the City Manager to issue a purchase order to Tapco, Inc. for $734,992.87, for the direct purchasing of signage and signage mounting equipment through Omnia Partners (Cooperative Purchasing); and

6. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).

FINANCE DEPARTMENT
5) CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY OF WEST COVINA POLICE OFFICERS’

ASSOCIATION (WCPOA)

Carried 5-0 to: adopt the following Resolution:

RESOLUTION NO. 2024-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE OFFICERS’ ASSOCIATION (WCPOA) FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027

POLICE DEPARTMENT
6) CONSIDERATION OF ANNUAL MILITARY EQUIPMENT REPORT (AB 481) AND

RENEWAL OF ORDINANCE ADOPTING MILITARY EQUIPMENT POLICY Carried 5-0 to: take the following actions:

1. Receive and file the annual military equipment report; and

2. Adopt the following resolution to renew Ordinance No. 2516, which adopted an amended Military Equipment Policy:

RESOLUTION NO. 2024-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RENEWING ORDINANCE NO. 2516 REGARDING THE POLICE DEPARTMENT’S MILITARY EQUIPMENT POLICY
7) CONSIDERATION OF OFFICE OF TRAFFIC SAFETY (OTS) GRANTS FOR

POLICE & FIRE DEPARTMENTS
Carried 5-0 to: take the following actions:

1. Accept the Grants Numbers PT25086 and EM25018 from the State Office of Traffic Safety (OTS), and authorize the City Manager and the City Manager's authorized designees to execute all grant related documents, in such form as approved by the City Attorney; and

2. Adopt the attached resolution authorizing the necessary budget amendments:

ATTACHMENT NO. 2
RESOLUTION NO. 2024-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025 (OFFICE

OF TRAFFIC SAFETY GRANTS)

END OF CONSENT CALENDAR

MAYOR/COUNCILMEMBERS REPORTS
 Councilman Cantos again mention that Goodwill Southern California is able to provide work opportunities for homeless veterans, please reach out to Councilman Cantos.
 Councilman Cantos stated that residents are able to provide feedback by 10/24/2024 relating to county of Los Angeles homeless initiative check with City social media–.
 Councilman Cantos thanked City Staff for painting walls on Amar and Azusa and to law enforcement for neighborhood watch signs.
 Councilman Cantos mentioned that the California Conservation Core did great work on the medians and will meet with them to see what possibilities there are in the future.

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION  Councilman Cantos requests staff to provide a report for Arts in Public Places program. Mayor Calderón Tabatabai provided a second and there was no objection.

CITY COUNCIL COMMENTS
 None

ADJOURNMENT
A motion to adjourn the Regular Meeting was made at 9:09 PM The next regularly scheduled Regular City Council Meeting will be held on Tuesday, November 19, 2024, at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.
____________________________
Lisa Sherrick
Assistant City Clerk
__________________________
Brian Calderón
Mayor
AGENDA ITEM NO. 2

It is recommended that the Board of Directors of the West Covina Community Services Foundation receive and file this report.

BACKGROUND:

On February 1, 2005, the City of West Covina authorized the formation of the West Covina Community Services Foundation (Foundation), a California Public Benefit Corporation. According to the bylaws (Attachment No. 1), the Foundation was organized for charitable purposes to “provide services beneficial to the public interest by seeking to offer, improve, or expand services that enhance the quality of life for residents.”
The Foundation does this by receiving gifts of funds from donors for specific purposes (i.e., 4th of July Celebration, Summer Concerts, etc.). In addition, funds are raised to provide new recreational opportunities, increase public safety services, preserve City equipment and facilities, and the pursuit of other benefits of public interest. The Foundation also allows the City to be more competitive when seeking grant funding to help provide such services.

The Foundation’s Board of Directors consists of the West Covina City Council, with the Mayor as the Chairperson of the Board and the Mayor Pro Tem as the Vice Chairperson of the Board. The City Manager serves as the Foundation’s President, City Clerk as the Secretary, and Finance Director as the Chief Financial Officer.

The Foundation received its Internal Revenue Service tax deductible 501(c)3 status on June 16, 2006 (Tax ID # 43-2085596).

DISCUSSION:

Pursuant to the bylaws, the Board of Directors is required to cause an annual report to be furnished no later than one hundred and twenty (120) days after the close of the Foundation's fiscal year (June 30) to all Directors of the Foundation. The annual report is required to contain the following information:

The assets and liabilities, including the trust funds, of the Foundation at the end of the fiscal year; The principal changes in assets and liabilities, including trust funds, during the fiscal year; The revenue or receipts of the Foundation, both unrestricted and restricted to particular purposes, for the fiscal year; and
The expenses or disbursements of the Foundation, for both general and unrestricted purposes, for the fiscal year.

The annual report must be accompanied by either a report of independent accountants or a certificate of an authorized officer of the Foundation that such statements were prepared without audit from the books and records of the Foundation.

The Finance Department is responsible for monitoring and preparing the Foundation’s Annual Report.

The funds are also listed in the City’s Adopted Budget each year. The FY 2023-2024 Annual Report is included as Attachment No. 2.

LEGAL REVIEW:

The City Attorney's Office has reviewed this report.

Prepared by: Kelly McDonald, Assistant to the City Manager Additional Approval: Stephanie Sikkema, Finance Director Fiscal Impact
FISCAL IMPACT:

Attached to this report is a Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balance for the Foundation for Fiscal Year 2023-24 (Attachment No. 2). The report shows that a cumulative total of $104,036 in revenues were collected and $165,752 in funds were expended. As of June 30, 2024, the Foundation has a fund balance of $14,946. The financial information included in this report is preliminary, unaudited and subject to revision upon completion of the City's closing and audit.

Revenues have been collected in a variety of ways. Donations are received from businesses and residents wanting to donate for a special cause or program (i.e., Veterans Memorial, Police Wall of Honor, Fire Explorer Program, Senior Services, Special Events, etc.). Funds raised at community events are also set aside in the Foundation to offset the costs of offering those individual programs (i.e., sponsorships at Summer Concerts, Spring Festival, etc.). Donated funds are utilized for the projects and programs identified prior to any City General Fund dollars being utilized. Without these donations, many of these programs and events might not have happened, because of the impact on the City’s General Fund.

Attachments
Attachment No. 1 - Bylaws of West Covina Community Services Foundation Attachment No. 2 - West Covina Community Services Annual Report CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance City Image and Effectiveness
BYLAWS
OF
ATTACHMENT N0.1
West Covina Community Services Foundation, Incorporated

A CALIFORNIA PUBLIC BENEFIT CORPORATION
ARTICLE 1
NAME
The name of this corporation is "West Covina Community Services Foundation, Incorporated."
ARTICLE 2

OFFICES
SECTION 1. PRINCIPAL OFFICE
The principal office of the Corporation for the transaction of its business is West Covina City Hall, 1441 West Garvey Avenue, West Covina, 91790 located in Los Angeles County, California.

SECTION 2. OTHER OFFICES
The Corporation may also have subordinate offices at such other places, within the city of West Covina, where it is qualified to do business, as its business may require and as the board of directors may, from time to time, designate.

ARTICLE 3

PURPOSES
SECTION 1. OBJECTIVES AND PURPOSES
This Corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501 ( c)(3) of the Internal Revenue Code. The primary objectives and purposes of this Corporation shall be:
(1 ) To provide services beneficial to the public interest by seeking to offer, improve, or expand services that enhance the quality of life for residents including, but not limited to:
a. Recreational opportunities for residents, i.e., hiking, walking, and equestrian trails, aquatics, sports, parks and open space, classes, etc.;
b. Public safety services, i.e., police and fire services to residents; c. Social services, i.e., nutritious meals for seniors and youth, case management, counseling, etc., for residents; and
d. Building and improving City facilities and infrastructure. (2) Preservation of buildings, structures, documents, etc., of historical significance to the community.
(3) To qualify and be more competitive when seeking to acquire grant funding to help provide such services to residents and in this way mitigate the financial impact to the City government.
(4) To receive gifts of funds for specific purposes.
(5) To pursue any other opportunities available that would benefit the public interest.

ARTICLE 4

DIRECTORS
SECTION 1. NUMBER
The Corporation shall have five (5) directors and collectively they shall be known as the Board of Directors. The Board of Directors shall consist of the members of the West Covina City Council. The number and requirement that the Directors be City Councilmembers may be changed by amendment of this Bylaw, or by repeal of this Bylaw and adoption of a new Bylaw, as provided in these Bylaws.

SECTION 2. POWERS
Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any limitations in the Articles of Incorporation and Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this Corporation, the activities and affairs of this Corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. Unless otherwise provided pursuant to amendment of these bylaws, voting rights in this Corporation shall remain vested solely in the Board of Directors.
2 SECTION 3. DUTIES
It shall be the duty of the Directors to:
(1) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this Corporation, or by these Bylaws;
(2) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties, of all officers, agents and employees of the Corporation;
(3) Supervise all officers, agents and employees of the Corporation to assure that their duties are performed properly;
( 4) Meet at such times and places as required by these Bylaws; (5) Register their addresses with the Secretary of the Corporation and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof.

SECTION 4. DESIGNATION OF CHAIRPERSON AND VICE CHAIRPERSON.

The Mayor shall serve as the Chairperson of the Board during his or her term as Mayor, or until he or she resigns or is otherwise disqualified to serve, whichever occurs first. However, should the Mayor wish that another Board Member replace him or her the as Chairperson, then the Board shall elect another Board Member as the Chairperson. The Mayor Pro-Tern shall serve as the Vice Chairperson of the Board during his or her term as Mayor Pro-Tern, or until he or she resigns or is other.vise disqualified to serve, whichever occurs first.

However, should the Mayor Pro-Tern wish that another Board Member replace him or her the as Vice Chairperson, then the Board shall elect another Board Member as Vice Chairperson. At no time shall the same person serve concurrently as Chairperson and the Vice Chairperson of the Board.

SECTION 5. DUTIES OF CHAIRPERSON OF THE BOARD
The Chairperson shall supervise and manage/direct the affairs of the Corporation. He or she shall perform all duties incident to his or her position as Chairperson and such other duties as may be required by law, by the Articles of Incorporation or the Bylaws, or which may be prescribed from time to time by the Board of Directors. The Chairperson shall preside at all meetings of the Board.

Except as othervvise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the Corporation, execute such 3 deeds, mortgages, bonds, contracts, checks or other instruments which may from time to time be authorized by the Board of Directors.

SECTION 6. DUTIES OF VICE CHAIRPERSON OF THE BOARD
In the absence of the Chairperson, or in the event of his or her inability to or refusal to act, the Vice Chairperson shall perform all the duties of the Chairperson and when so acting shall have all the powers of, and be subject to all the restrictions of the Chairperson. The Vice Chairperson shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these bylaws, or as may be prescribed by the Board of Directors.

SECTION 7. TERMS OF OFFICE
The term of office for each Director shall run concurrently with his or her term of office on the City Council.

SECTION 8. PLACE OF MEETINGS
Meetings shall be held at the principal office of the Corporation unless otherwise provided in these Bylaws or at such place within the City of West Covina, which has been designated from time to time by resolution of the Board of Directors.

SECTION 9. REGULAR AND ANNUAL MEETINGS
Regular meetings of the Board of Directors shall be held, as needed, on the first and/or third Tuesday of each month at 7:00 PM, to coincide with City Council Meetings. The annual meeting of the Board of Directors shall coincide with the annual meeting at which the City Council adopts the fiscal year budget.

SECTION 10. SPECIAL MEETINGS
Special meetings of the Board of Directors may be called by the Chairperson of the Board of Directors, or by any two Directors, and such meetings shall be held at the place, within the City of West Covina, designated by the person or persons calling the meeting, and in the absence of such designation, at the principal office of the Corporation.

SECTION 11. NOTICE OF MEETINGS
Noticing of all meetings shall be done in compliance with Govt. Codes 54954.2 and 54956 (Brown Act). Regular meetings shall be noticed at least seventy-two 4 (72) hours in advance of the meeting. Special meetings shall be noticed at least twenty-four (24) hours in advance of the meeting.

Notice shall be given of any adjourned regular or special meeting to Directors absent from the original meeting if the adjourned meeting is held more than twenty-fou·r (24) hours from the time of the original meeting.

SECTION 12. QUORUM FOR MEETINGS
A quorum shall consist of three (3) Directors.

Except as otherwise provided in these Bylaws or in the Articles of Incorporation of this Corporation, or by law, no business shall be considered by the Board of Directors at any meeting at which a qu_orum, as defined above, is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. However, a majority of the Directors present at such meeting may adjourn from time to time until the time fixed for the next regular meeting of the Board of Directors.

The Directors present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of Directors from the meeting, provided that any action thereafter taken must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by law, or the Articles of Incorporation or Bylaws of this Corporation.

SECTION 13. MAJORITY ACTION AS BOARD ACTION
Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation or Bylaws of this Corporation, or provisions of the California Nonprofit Public Benefit Corporation Law, particularly those provisions relating to appointment of committees (Section 5212), approval of contracts or transactions in which a director has a material financial interest (Section 5233) and indemnification of directors (Section 5238e), require a greater percentage or different voting rules for approval of a matter by the board . .

SECTION 14. CONDUCT OF MEETINGS
Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the Vice Chairperson or, in his or her absence, by the Director chosen a majority of the Directors present at the meeting. The Secretary of the Corporation shall act as Secretary of all meetings of the Board of Directors, 5 provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting.

The provisions of the Brown Act (Gov. Code §54950 et seq.) shall apply to the conduct of meetings of the Corporation. Meetings shall be governed by Roberts's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation of this Corporation, or with provisions of law.

SECTION 15. NON·LIABILITY OF DIRECTORS
The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation.

SECTION 16. INSURANCE FOR CORPORATE AGENTS
Members of the Board of Directors and Officers of the Corporation are insured under the City's umbrella insurance policy for liability caused or incurred while acting within the scope of their duties as Members of the Board of Directors and/or Officers of the Corporation.

SECTION 17. PREMATURE VACANCIES ON BOARD
Whenever there is a vacancy in the office of one of the at-large directors whether by reason of death, resignation, removal, disqualification or otherwise, the vacancy shall be temporarily filled by the Community Services Director until the vacancy is filled by majority vote of the remaining board members.

ARTICLE 5

OFFICERS
SECTION 1. NUMBER OF OFFICERS
The officers of the Corporation shall be a President, Secretary and Chief Financial Officer. The City Manager shall serve as President, the City Clerk shall serve as the Secretary and the Finance Director shall serve as the Chief Financial Officer. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as the President, Chairperson or Vice Chairperson of the Board. 6 -SECTION 2. QUALIFICATION AND TERM OF OFFICE
The City Manager, City Clerk and Finance Director shall serve as President, Secretary and Chief Financial Officer, respectively, until he or she resigns or is removed by a majority vote of the Board of Directors, or is otherwise disqualified to serve, whichever occurs first
SECTION 3. SUBORDINATE OFFICERS
The Board of Directors may appoint such other officers or agents as it may deem desirable, and such officers shall serve such · terms, have such authority, and perform such duties as may be prescribed from time to time by the Board of Directors.

SECTION 4. VACANCIES
Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors in accordance with these Bylaws and applicable law.

SECTION 5. DUTIES OF PRESIDENT
The President shall be the administrative head of the Corporation and its affairs and he/she shall operate under the direction and control of the Board of Directors except as otherwise provided by law, by the Articles of Incorporation, or by these Bylaws. He/she shall be responsible for the efficient administration of all the affairs of the Corporation which are under his/her control. He/she shall prescribe such administrative rules and procedures as he may deem proper or necessary for the general conduct and operation of the Corporation's affairs under his control. He/she shall perform any and all duties imposed on him/her by law, by the Articles of Incorporation, by these Bylaws or by the Board. Upon the request and authorization of the Board, the President may enter into any contract, or execute and deliver any instrument, in the name of and on behalf of, the Corporation _ The President shall supervise all agents of the Corporation to assure that their duties are performed properly. He/she shall meet at such times and places as required by these bylaws. It shall be the duty of the President to recommend to the Board the adoption of measures he/she deems necessary for the efficient operation of the Corporation. Unless provided for in SECTION 6. DUTIES OF SECRETARY
The Secretary shall:
7 (1) Certify and keep at the principal office of the Corporation the original, or a copy of these Bylaws as amended or otherwise altered to date. (2) Keep at the principal office of the Corporation or at such other place as the board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors and of members, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. (3) See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law.
(4) Be custodian of the records and of the seal of the Corporation and see that the seal is affixed to all duly executed documents, the execution of which on behalf of the Corporation under its seal is authorized by law or these Bylaws.
(5) Keep at the principal office of the Corporation a membership book containing the name and address of each and any members, and, in the case where any membership has been terminated, he or she shall record such fact in the membership book together with the date on which such membership ceased.
(6) Exhibit at all reasonable times to any director of the Corporation, or to his or her agent or attorney, on request therefore, the Bylaws, the membership book, and the minutes of the proceedings of the directors of the Corporation.
(7) In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation of this Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors
SECTION 7. DUTIES OF CHIEF FINANCIAL OFFICER
Subject to the provisions of these Bylaws relating to the "Execution of Instruments, Deposits and Funds," the Chief Financial Officer shall:
(1) Have charge and custody of, and be responsible for, all funds and securities of the Corporation, and deposit all such funds in the name of the Corporation in such banks, trust companies, or other depositories as shall be selected by the Board of Directors.
8 (2) Receive, and give receipt for, monies due and payable to the Corporation from any source whatsoever.
(3) Disburse, or cause to be disbursed, the funds of the Corporation as may be directed by the Board of Directors, taking proper vouchers for such disbursements.
( 4) Keep and maintain adequate and correct accounts of the Corporation's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses. (5) Exhibit at all reasonable times the books of account and financial records to any director of the Corporation, or to his or her agent or attorney, upon request
(6) Render to the Board of Directors, whenever requested, an account of any or all of his or her transactions as Chief Financial Officer and of the financial condition of the Corporation.
(7) Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. (8) In general, perform all duties incident to the office of Chief Financial Officer and such other duties as may be required by law, by the Articles of Incorporation of the Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors.

ARTICLE 6

EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS
SECTION 1. EXECUTION OF INSTRUMENTS
The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.

SECTION 2. CHECKS AND NOTES
Except as otherwise specifically tjetermined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, 9 orders for the payment of money, and other evidence of indebtedness of the Corporation shall be signed by the Chief Financial Officer and countersigned by the Chairperson of the Board of Directors.

SECTION 3. DEPOSITS
All funds of the Corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select.

SECTION 4. GIFTS
The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the charitable or public purposes of this corporation.

Limitations on gifts to individual Directors shall comply with the Political Reform Act and the Fair Political Practices Commission.

ARTICLE 7

CORPORATE RECORDS, REPORTS AND SEAL
SECTION 1. MAINTENANCE OF CORPORATE RECORDS
The Corporation shall keep at its principal office in the State of California:
(1) Minutes of all meetings of directors, committees of the board and , indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof;
(2) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; (3) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members, if any, of the Corporation at all reasonable times during office hours.

SECTION 2. CORPORA TE SEAL
The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the Corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.
10 SECTION 3. DIRECTORS' INSPECTION RIGHTS
Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the Corporation.

SECTION 4. RIGHT TO COPY AND MAKE EXTRACTS
Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts.

SECTION 5. ANNUAL REPORT
The Board shall cause an annual report to be furnished not later than one hundred and twenty (120) days after the close of the Corporation's fiscal year to all directors of the Corporation and, if this Corporation has members, to any member who requests it in writing, said report shall contain the following information in appropriate detail:
(1) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year;
(2) The principal changes in assets and liabilities, including trust funds, during the fiscal year;
(3) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year; ( 4) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year;
The annual report shall be accompanied by any report thereon of independent accountants, or, if there is no such report, the certificate of an authorized officer of the Corporation that such statements were prepared without audit from the books and records of the corporation.

ARTICLE 8

FISCAL YEAR
SECTION 1. FISCAL YEAR OF THE CORPORATION
The fiscal year of the Corporation shall begin on July 1 and end on the June 30 in each year.
11 ARTICLE 9

AMENDMENT OF BYLAWS
SECTION 1. AMENDMENT
Subject to any provision of law applicable to the amendment of Bylaws of public benefit nonprofit corporations, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted as follows:
(1) Subject to the power of members, if any, to change or repeal these Bylaws under Section 5150 of the Corporations Code, by approval of the Board of Directors unless the Bylaw amendment would materially and adversely affect the rights of members, if any, as to voting or transfer, provided, however, if this Corporation has admitted any members, then a Bylaw specifying or changing the fixed number of directors of the Corporation, the maximum or minimum number of directors, or changing from a fixed to variable board or vice versa, may not be adopted, amended, or repealed except as provided in subparagraph (2) of this Section; or (2) By approval of the members, if any, of this Corporation.

ARTICLE 10

AMENDMENT OF ARTICLES
SECTION 1. AMENDMENT OF ARTICLES BEFORE ADMISSION OF

MEMBERS
Before any members have been admitted to the Corporation, any amendment of the Articles of Incorporation may be adopted by approval of the Board of Directors.

SECTION 2. AMENDMENT OF ARTICLES AFTER ADMISSION OF MEMBERS After members, if any, have been admitted to the Corporation, amendment of the Articles of Incorporation may be adopted by the approval of the Board of Directors and by the approval of the members of this Corporation.

SECTION 3. CERTAIN AMENDMENTS
Notwithstanding the above sections of this Article, this Corporation shall not amend its Articles of Incorporation to alter any statement which appears in the original Articles of Incorporation of the names and addresses of the first directors of this Corporation, nor the name and address of its initial agent, except to 12 correct an error in such statement or to delete such statement after the corporation has filed a "Statement by a Domestic Non-Profit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law.

ARTICLE 11

MEMBERS
SECTION 1. DETERMINATION OF MEMBERS
If this Corporation makes no provision for members, then, pursuant to Section 5310(b) of the Nonprofit Public Benefit Corporation Law of the State of California, any action which would otherwise, under law or the provisions of the Articles of Incorporation or Bylaws of this Corporation, require approval by a majority of all members or approval by the members, shall only require the approval of the Board of Directors.
13 WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS
We, the undersigned, are all of the persons named as the initial Directors in the Articles of Incorporation of the West Covina Community Services Foundation, Incorporated, a California Nonprofit Public Benefit Corporation, and, pursuant to the authority granted to the Directors by these Bylaws to take action by unanimous written consent without a meeting, consent to, and hereby do, adopt the foregoing Bylaws, consisting of fourteen (14) pages, as the Bylaws of this Corporation.

Dated: '-i f 1 ~ frL( I I

CERTIFICATE
This is to certify that the foregoing is a true and correct copy of the Bylaws of the corporation named in the title thereto and that such Bylaws were duly adopted by the Board of Directors of said Corporation on the date set forth below.

Dated: Y /, C-f /, <-e
I
'T~ L - R sa!ia Conde, Secretary
14 ATTACHMENT NO. 2
Cash $ (13,804)
Accounts Receivable 1,200
Prepaid Expenses 39,170
Interest Receivable -
Total Assets $ 26,566
Accounts Payable 11,621
Fund Balance $ 14,946
Total Liabilities and Fund Balance $ 26,566
West Covina Community Services Foundation, Inc.

Balance Sheet
June 30, 2024
Unaudited
Beginning Ending
Balance Balance Change
Cash $ (13,804) 62,675 $ (76,479) $
Accounts Receivable 1,200 37,829 (36,629)
Prepaid Expenses 39,170 90,943 (51,773)
Interest Receivable - - -
Total Assets $ 26,566 191,447 $ $ (164,881)
Accounts Payable 11,621 114,785 (103,164) $
Fund Balance 14,946 76,662 (61,716)
Total Liabilities and Fund Balance $ 26,566 191,447 $ $ (164,881) West Covina Community Services Foundation, Inc.

Changes in Assets and Liabilities
June 30, 2024
Unaudited
Revenues
Interest - $
Charges for Services -
Other Revenues 104,036
Revenue from Other Agencies -
Total Revenues 104,036
Expenditures
FN - Taxes filings 360
PD - Misc Exp -
FR - Explorer Program 5,673
PS - Misc Exp -
PS - Summer Concerts 30,706
PS - Other Special Events 56,485
PS - Senior Center - Supplies, etc. 4,914
CD - Other Special Events 67,614
-
Total Expenditures 165,752
Net Change in Fund Balance (61,716)
Fund Balance - Beginning of Year 76,662
Fund Balance - End of Year 14,946 $
West Covina Community Services Foundation, Inc.

Statement of Revenues, Expenditures and Changes in Fund Balance For the year ended June 30, 2024
Unaudited
Chief Financial Officer
West Covina Community Services Foundation, Inc.

West Covina Community Services Foundation, Inc.

Financial Certificate
For the year ended June 30, 2024
I, Stephanie Sikkema, certify that these statements were prepared without audit from the books and records of the corporation. Additionally, the financial information included in this report is preliminary, unaudited and subject to revision upon completion of the City's closing and audit.

AGENDA ITEM NO. 3

It is recommended that the City Council approve the Traffic Committee recommendations detailed in the staff report for traffic engineering improvements citywide from the meetings held between January 2024 through October 2024.

BACKGROUND:

The West Covina Traffic Committee regularly meets and holds public meetings on the 2nd Tuesday of each month. The Traffic Committee consists of the Capital Improvements Program Manager, the Deputy Community Development Director, the City Traffic Engineer representative, a representative of the Police Traffic Division, and the City Engineer. The Traffic Committee reviews resident, community, and City requests pertaining to any traffic-related items. These items are presented with recommendations to the Traffic Committee for discussion and approval, and then are later presented to City Council for final approval.

DISCUSSION:

All the recommended items were presented and discussed at a publicly held West Covina Traffic Committee meetings. The items presented were unanimously approved by the Traffic Committee for City Council consideration and approval. All recommendations meet standard engineering practice and guidelines as found in the California Manual on Uniform Traffic Control Devices (CAMUTCD), California Vehicle Code (CVC), with engineering judgment. Each item presented was submitted by either a resident, business, community member, or the City to review.

The following recommendations were unanimously approved for installation by the Traffic Committee (TC) and are brought before City Council for final approval and consideration:

January 2024 Traffic Committee Meeting
1440 Queen Summit Drive:

Request: To add red curb on the curve of the property in front of 1440 South Queen Summit Drive. The request was to restrict parking at the curve for safety.

Approved TC Recommendation:

1. Install 85 feet of red curb in curve along the east side of S Queen Summit Drive. Install red Install 85 feet of red curb in curve along the east side of S Queen Summit Drive. Install red curb 50 feet north from the driveway located on 1440 S Queen Summit Drive.

1. Install 50 feet of red curb along the west side of S Queen Summit Drive. Install red curb 30 feet north from the driveway located on 1439 S Queen Summit Drive.

2. February 2024 Traffic Committee Meeting
Doublegrove Street and East Autumn Drive:

Request: For a Stop Sign at the corner of Double Grove and East Autumn Drive. The resident is requesting that an all-way stop be installed at the intersection.

Approved TC Recommendation:

Install “CROSS TRAFFIC DOES NOT STOP” (W4-4P) plaque underneath existing Stop Sign at the intersection on E Autumn Drive.

1. 843 W Blue Ash Road:

Request: To review the installation of a traffic sign to help bring awareness to drivers that W Blue Ash Road is not a through street. This area of W Blue Ash Road stretches from California Avenue to a dead end at the east end of the street segment, which is approximately 800 ft long, and ends at a brick wall. There is a commercial area behind the neighborhood where W Blue Ash Road dead ends known as Vincent Plaza. The resident reported that online navigators misleadingly guide drivers through W Blue Ash Road as a route to access Vincent Plaza, causing an increase in vehicles entering the dead-end road.

Approved TC Recommendation:

Install “dead end” sign (W14-1), for eastbound traveling vehicles along Blue Ash Road, approximately 100 feet west of the intersection with Sandy Hook St. Per CAMUTCD section 2c.26.

1. March 2024 Traffic Committee Meeting
East Autumn Drive between South Azusa Avenue and Doublegrove Street:

Request: For Speed Humps along the segment of East Autumn Drive between South Azusa Avenue and Doublegrove Street. The resident reported that vehicles tend to speed through this segment and expressed concern for pedestrians and bicyclists in the area. This location was previously studied and presented to the Traffic Commission in June of 2023. The previous study determined that count data was needed to determine if recommended improvements were warranted at this location.

Approved TC Recommendation:

Install a (R2-1) 25mph speed limit sign and pavement legend on Autumn Drive approximately 150 feet south of Doublegrove Street for southbound traveling vehicles.

1. Install a 25mph pavement legend on Autumn Drive directly next to the existing (R2-1) 25mph speed limit sign approximately 150 feet north of Azusa Avenue for northbound traveling vehicles.

2. Temple Avenue and Natalie Avenue:

Request: To review existing traffic conditions and the installation of an all-way stop at the intersection of Temple Avenue and Natalie Avenue. The resident expressed concerns for vehicles speeding along this area, line-of-sight at this intersection, and how both concerns have caused many collisions and near collisions. The resident requested that an all-way stop sign be installed at the intersection of Temple Avenue and Natalie Avenue.

Approved TC Recommendation:

1. Install a 24”x12” (W4-4P) “Cross Traffic Does Not Stop” plaque under existing stop sign on Temple Avenue at Natalie Avenue, at SE corner of the intersection.

Install red reflective tape on existing stop sign pole on the SE corner of the intersection on Temple Avenue at Natalie Avenue.

2. Refresh existing STOP bar and “STOP” Pavement Legend on Temple Avenue at the intersection with Natalie Avenue.

3. Install approximately 20-feet of red curb on the southwest and southeast corner of the intersection of Natalie Avenue at Temple Avenue, for a total of 40-feet of red curb along Natalie Avenue. This will help improve the line of sight at the intersection for vehicles approaching Natalie Avenue from Temple Avenue.

4. April 2024 Traffic Committee Meeting
Lark Ellen Avenue between Rowland Avenue and Workman Avenue:

Request: To review the existing conditions along the segment of Lark Ellen, between Rowland Avenue and Workman Avenue. The resident reported that vehicles tend to drive above the speed limit which have resulted in car accidents. The resident is requesting the installation of a stop sign along this segment of Lark Ellen Avenue.

Approved TC Recommendation:

Remove and replace faded “school 25 speed limit” sign with new “school 25 speed limit” (SR4 – 1 (CA)) along Lark Ellen Avenue, approximately 80-feet north of the intersection with Marbury Street.

1. Remove and replace school zone ahead sign with new school zone ahead sign (SW24 – 3 (CA)) along Lark Ellen Avenue, approximately 50-feet north of the intersection with Thelborn Street.

2. Install “40 mph” pavement legend for southbound traffic, approximately 155 feet south of Rowland Avenue.

3. Trim vegetation around “school 25 mph speed limit” sign along Lark Ellen Avenue north of Marbury Street, and around the “school zone ahead” sign, near Thelborn Street. Vegetation along this segment should be trimmed and maintained to ensure signage visibility.

4. May 2024 Traffic Committee Meeting
Bentley Court and Hillside Drive:

Request: For a line-of-sight review at the intersection of Bentley Court and Hillside Drive. The resident reported that vehicles turning left from Bentley Court to Hillside Drive have the obstructed view of oncoming westbound traffic.

Approved TC Recommendation:

Install 20-feet of red curb on the south side of Hillside Drive, on the southwest corner of Hillside Drive where it intersects with Bentley Court.

1. Install 20-feet of red curb on the south side of Hillside Drive, on the southeast corner of Hillside Drive where it intersects with Bentley Court.

2. Sunset Avenue and Rowland Avenue:

Request: For a review of existing conditions at the intersection of Sunset Avenue and Rowland Avenue. The resident reported that westbound vehicles are not watching for oncoming traffic before proceeding onto Sunset Avenue and feels that a traffic signal is needed at this intersection.

Approved TC Recommendation:

Install “Cross Traffic Does Not Stop” Plaque (W4-4P) beneath the existing Stop Sign along Rowland Avenue for eastbound traffic approaching Sunset Avenue.

1. June 2024 Traffic Committee Meeting
1227 South Orange Avenue:
1227 South Orange Avenue:

Request: To review the traffic conditions near Hurst Ranch, located on 1227 South Orange Avenue. The resident explained that when vehicles park along the west side of the street the view of oncoming traffic is obstructed, making it difficult for drivers to exit the property.

Approved TC Recommendation:

Install 10 feet of red curb on the north side of the southern Hurst Ranch Driveway, and 10 feet of red curb on the north and south sides of the northern Hurst Ranch Driveway.

1. Merced Avenue between Glenn Alan Avenue and Hollenbeck Avenue:

Request: To evaluate the existing conditions along the segment of Merced Avenue between Glenn Alan Avenue and Hollenbeck Avenue. The resident reported that vehicles tend to speed along Merced Avenue, causing concern as the segment is located next to Hollencrest Middle School, where there is pedestrian activity and an uncontrolled midblock crosswalk at Michelle Street and Merced Avenue.

Approved TC Recommendation:

Remove non-compliant “Pedestrian Xing” sign located at the north-east corner of the intersection of Merced Avenue and Michelle Street. Install double-sided flashing pedestrian crossing signage (SW24 – 2 (CA)) with rectangular rapid flashing beacon (RRFB) at north-west and south-west corners of the intersection at Merced Avenue and Michelle Street.

1. Install flashing pedestrian crossing ahead signage (SW24 – 3 (CA)) with rectangular rapid flashing beacon (RRFB) along the north side of Merced Avenue, approximately 180 feet east of the intersection with Michelle Street.

2. Remove non-compliant “Pedestrian Xing” sign located at the south-west corner of the intersection of Merced Avenue and Michelle Street. Replace sign for flashing pedestrian crossing ahead signage (SW24 – 3 (CA)) with rectangular rapid flashing beacon (RRFB).

Place new sign along the south side of Merced Avenue, approximately 110 feet west of Michelle Street.

3. Remove and replace school zone sign (SW24 – 1 (CA)) that is located along the south side of Merced Avenue at the intersection with Glenn Allen Avenue. Replace existing sign for a school zone speed limit sign (SR4 – 1 (CA)).

4. Remove and replace faded/damaged stop signs (R1 – 1) located on the north-west corner of the intersection of Merced Avenue and Glen Allen Avenue.

5. Install red reflective strip on the stop sign signpost located at the north-west corner of the intersection of Merced Avenue and Glen Allen Avenue.

6. Refresh the “Slow School Xing” pavement markings that are located along Merved Avenue approaching Michelle Avenue, in both eastbound and westbound directions.

7. Remove and replace faded pedestrian sign located along the east side of Hollenbeck Avenue, approximately 100 feet south of Merced Avenue. Replace existing sign for school zone sign (SW24 – 1 (CA)).

8. Remove and replace faded school zone sign (SW24 – 1 (CA)) that is located along the north side of Merced Avenue, approximately 120 feet west of Hollenbeck Avenue. Replace existing sign for a new school zone sign (SW24 – 1 (CA)).

9. Remove and replace the existing transverse crosswalk pavement markings located on the north and east legs of the intersection of Merced Avenue and Hollenbeck Avenue. Replace existing crosswalk pavement markings for “ladder” style crosswalk pavement markings.

10. Remove and replace faded/damaged stop signs (R1 – 1) for all four directions at the intersection of Merced Avenue and Hollenbeck Avenue.

11. Remove and replace faded “4-way” plaques located on all four stop signs at the intersection of Merced Avenue and Hollenbeck Avenue. Replace existing plaque with “all-way” plaques.

12. Install red reflective strip on all four stop signs at the intersection of Merced Avenue and Hollenbeck Avenue.

13. Remove and replace the existing “35” mph speed limit sign located along the north side of Merced Avenue, approximately 300 feet west of Hollenbeck Avenue. Replace existing sign for

14. Merced Avenue, approximately 300 feet west of Hollenbeck Avenue. Replace existing sign for school zone speed limit sign (SR4–1 (CA)).

September 2024 Traffic Committee Meeting
201 South Gardenglen Street:

Request: For the installation of red curb along the north side of the residence located on 201 South Gardenglen Street. The resident reported that multiple crimes have occurred in the area and would like for the city to install red curb or other traffic device to prevent vehicles from parking along the north side of their property, along Dalewood Street.

Approved TC Recommendation:

Refresh and extend the red curb that is installed along the fire hydrant, on the south side of East Dalewood Street, at the intersection with Gardenglen Street. Extend red curb to be 15 feet east and west of the fire hydrant, for a total of 30 feet of red curb.

1. Request additional police reinforcement to address reported issues, that are outside of the engineering department’s scope of work.

2. Lark Ellen Avenue and Greenville Drive:

Request: For red curb to be installed at the corners of the intersection of Lark Ellen Avenue and Greenville Drive. The resident reported that vehicles tend to park close to the intersection and create a line-of-sight issue for vehicles turning from Greenville Drive onto Lark Ellen Avenue.

Approved TC Recommendation:

Install 20 feet of red curb along the south side of Lark Ellen Avenue, on the northwest and southwest corners of the intersection with Greenville Drive.

1. Refresh the existing “stop” and stop bar pavement markings that are located along the eastbound direction of Greenville Drive, at the intersection with Lark Ellen Avenue.

2. Valley Boulevard and Clubhouse Drive:

Request: For the installation of a traffic signal at the intersection of Valley Boulevard and Clubhouse Drive. The resident explained that she has witnessed multiple collisions happen at the intersection and believes that a traffic signal could improve driving conditions.

Approved TC Recommendation:

Remove uncompliant stop sign, located on northwest corner of the intersection Valley Boulevard and Clubhouse Drive. Replace with new stop sign (R1 – 1).

1. Install “cross traffic does not stop” plaque (W4 – 4P) underneath the stop sign located at the northwest corner of the intersection of Valley Boulevard and Clubhouse Drive.

2. Refresh the existing red curb that is installed along the north side of Valley Boulevard, east of Clubhouse Drive.

3. 421 East Merced Avenue:

Request: To review the traffic conditions near the offices of Covina Valley Urologic Medical Group at 421 East Merced Avenue. The resident reported that a significant number of collisions have occurred in front of the medical office. The resident explained that due to the curved geometry of the street drivers exiting the parking lot are not able to see oncoming traffic, making it difficult to make left turns onto Merced Avenue.

Approved TC Recommendation:

Install 70 feet of red curb marking along the north side of East Merced Avenue, west of the main driveway.

1. 2. Install 38 feet of red curb marking along the north side of East Merced Avenue, east of the main driveway.

Install approximately 23 feet of red curb along the fire hydrant located on the north side of Merced Avenue, 600 feet east of Glendora Avenue.

3. Remove approximately 3 feet of the bushes located on the east side of the property to clear the right of way from overgrown vegetation.

4. 1025 Chase Way:

Request: For red curb to be installed in front of a fire hydrant that is located on the east side of 1025 Chase Way. The resident reported that vehicles tend to park in front of the fire hydrant, blocking access to the fire hydrant and creating line-of-sight issues for vehicles turning into Vanderwell Avenue. The resident explained that there previously was red curb installed near the fire hydrant. However, after street improvements a couple of years ago, the red cub was removed. The resident is requesting to reinstall the red curb along the fire hydrant to provide clearance in case of an emergency and to improve line-of-sight at the intersection.

Approved TC Recommendation:

Install 25 feet of red curb south of the fire hydrant, and 15 feet of red curb north of the fire hydrant, for a total of 40 feet of red curb along Vanderwell Avenue at Chase Way.

1. October 2024 Traffic Committee Meeting
Temple Avenue and East Woodridge Circle:

Request: For the installation of “Keep Clear” pavement markings at the intersection of Temple Avenue and Woodridge Circle. The resident reported that vehicles driving northbound along Temple Avenue, approaching the intersection with Amar Road, tend to queue on Temple Avenue and block the intersection with Woodridge Circle. The resident explained that despite there being signs indicating to not block the intersection, vehicles disregard the traffic signs.

Approved TC Recommendation:

Install “do not block intersection” sign on the north-east corner of the intersection of Temple Avenue and Woodridge Circle.

1. Install “keep clear” pavement marking along the northbound direction of Temple Avenue, at intersection with Woodridge Circle.

2. Nelson Street and Fairgrove Avenue:

Request: For a review of traffic conditions at the intersection of Nelson Street and Fairgrove Avenue. The resident explained that vehicles park at the corners of the intersection making it difficult to see oncoming traffic along Fairgrove Avenue.

Approved TC Recommendation:

Refresh existing red curb at southeast and southwest corners of the intersection at Nelson Street and Fairgrove Avenue.

1. Lark Ellen Avenue and Rowland Avenue:

Request: For a review of the existing right turn only lane conditions at the intersection of Lark Ellen Avenue and Rowland Avenue, located to the northeast. The resident is requesting the restriping of the right turn only lane for eastbound traffic at this intersection, along with potential improvements to remind drivers that it is a right turn only lane.

Approved TC Recommendation:

Restripe missing and faded right turn arrows on Rowland Avenue where it intersects with Lark Ellen Avenue for westbound traffic.

1. 2. Install Right Lane Must Turn Right sign (R3-7R) on existing streetlight pole approximately 200 feet east of the intersection at Rowland Avenue and Lark Ellen Avenue for westbound traffic.

Barranca Street and Garvey Avenue South:

Request: To review the existing conditions at the intersection of Barranca Street and Garvey Avenue South. The resident stated he was involved in a car accident at this intersection and almost collided with a pedestrian. They believe removing the traffic signal and installing an All-Way Stop would make the intersection safer.

Install “Turning Vehicles Yield to Pedestrians” sign (R10 – 15) on the signal poles at the intersection of Barranca Street and Garvey Avenue, for northbound, southbound, and eastbound traffic.

1. LEGAL REVIEW:

The City Attorney's Office has reviewed the staff report.

ENVIRONMENTAL REVIEW:

Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section(s) 15302: Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity Prepared by: Jana Robbins, PTP,RSP, Project Manager (Traffic Division) Fiscal Impact
FISCAL IMPACT:

The proposed improvements will be included either as part of an existing project, or under the Annual Citywide Traffic Signage, Stripping, Pavement Markers Program (Project No. C23016). This program allocates $100,000 annually to enhance vehicle mobility and safety. Minor improvements and/or signage replacement may be done in-house by maintenance staff.

CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
AGENDA ITEM NO. 4

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS (SLFRF)

AUTHORIZED BY THE AMERICAN RESCUE PLAN ACT (ARPA)
RECOMMENDATION:

It is recommended that the City Council:

Authorize the City Manager to reallocate the remaining SLFRF as necessary to obligate all funding by December 31, 2024; and

2. BACKGROUND:

On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law. The ARPA established the State and Local Fiscal Recovery Funds (SLFRF). The SLFRF program provides support to State, local, territorial, and Tribal governments to mitigate the fiscal effects of the COVID-19 public health emergency. As enacted in 2021, recipients are authorized to use SLFRF award funds to respond to the COVID-19 public health emergency or its negative economic impacts; to provide premium pay to essential workers; to provide government services to the extent of a reduction in a recipient’s revenue due to the COVID-19 public health emergency; or to make necessary investments in water, sewer, or broadband infrastructure.

DISCUSSION:

The City has received a total of $19,566,027 from the SLFRF which must be obligated by December 31, 2024. The Treasury has defined an "obligation" to include an order placed for property and services and entry into contracts, subawards, and similar transactions that require payment. As of the end of October, the City has obligated $18,392,479 of its SLFRF.

Project Name Current Obligation Balance
Revenue Replacement
Fire Station Repairs* 499,406
Microwave system infrastructure 1,017,589
Financial Accounting Software/System 1,477,164
Park Pathway Lighting -
Park Sports Field Lighting 734,075
ADA Transition Plan 466,026
Remove Communication Tower -
Self-Contained Breathing Apparatus (SCBA 1,049,241
Pumper Fire Trucks (two) 1,820,471
Ladder Truck (Quint) 1,829,529
Subtotal Revenue Replacement ($Max $10M)8,893,502 1,106,498 COVID Related
Electrocardiograms (EKG) Heart Monitors 265,000
Police & Fire Portable & Mobile Radios* 3,588,792
PSA for Health Dept. Services 598,190
Job training and creating 1,000,000
New Ambulances* 1,685,911
Fire Station 1 Replacement 855,465
Public Safety One-time hazard pay 801,453
Homeless Contract* 704,167
Subtotal COVID Related 9,498,977 67,050
Total 18,392,479 1,173,548
ARPA Allocation 19,566,027
(Over)/Under 1,173,548
*Obligation is more than FY2024-25 Budget to ensure all funds are obligated by December 31, 2025.

Below is an example list of projects that staff is proposing to pursue with the remaining balance. Staff is seeking authority to pursue these projects, and any others necessary, in order to obligate all funding by December 31, 2024.

LED Signs at City Parks: Cortez Park & Senior Center, Cameron Park, Glaster Park, Shadow Oak Park, and Palmview Park

1. 2. Cortez Park pathway lighting
Design services for City Hall Council Chambers, restrooms, and elevators to ensure compliance with the Americans with Disability Act (ADA)

3. 4. Public safety equipment
LEGAL REVIEW:

The City Attorney's Office has reviewed this report.

Prepared by: Stephanie Sikkema, Finance Director
Fiscal Impact
FISCAL IMPACT:

The City has received a total of $19,566,027 from the SLFRF, $1,283,073 of which has not been obligated. If not obligated by December 31, 2024, the City will lose this federal funding. Projects funded by SLFRF will ultimately alleviate the need for funding from the General Fund.

CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Maintain Good Intergovernmental Relations
AGENDA ITEM NO. 5

ALTERNATIVE DISPUTE RESOLUTION (ADR) AGREEMENTS BETWEEN THE CITY

OF WEST COVINA AND WEST COVINA FIREFIGHTERS' ASSOCIATION AND WEST

COVINA FIRE MANAGEMENT ASSOCIATION
RECOMMENDATION:

It is recommended that City Council approve and adopt the following resolution:

RESOLUTION NO. 2024-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, APPROVING LABOR MANAGEMENT WORKERS' COMPENSATION

ALTERNATIVE DISPUTE RESOLUTION AGREEMENTS BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226

AND THE WEST COVINA FIRE MANAGEMENT ASSOCIATION
BACKGROUND:

The City of West Covina, like most cities in California, follows the State of California workers' compensation statutory requirements when an employee is injured while at work. Over the years, these requirements have become difficult to manage, extending the time for an employee to receive treatment for an injury and resolve medical disputes. This has created frustrations for the injured employee, the employees that are required to cover the injured employee's responsibilities while he or she is off work, and management.

Under the California Labor Code, employers and recognized bargaining units may negotiate and enter into agreements to create an alternative dispute resolution (ADR) process for workers' compensation matters. Dispute resolution processes contained in the negotiated agreement supersede the California workers' compensation system processes for employees covered by the agreement.

The Workers' Compensation ADR program allows the City and represented employees to work together to create a "carve-out" of the State's system that provides employees with a fast-track system to resolve workers' compensation cases and return an employee to work as efficiently as possible. This program sets up a Joint Labor Management Committee that works together to define a list of medical treatment providers, medical evaluators, a return to work program, mediation, and an agreed to list of vocational rehabilitation vendors.

DISCUSSION:

The Firefighters' Association and Fire Management Association approached the City with the idea of negotiating a Workers' Compensation ADR Agreement. The City and members of the bargaining units were familiar with the existing workers' compensation system provided by the State of California and believed an agreement that would be beneficial to all parties could be negotiated. The agreement aims to expedite the worker compensation process, given that Fire Department workers’ compensation cases have comprised more than 55% of all paid and reserved claims since 2020-21. The associations petitioned the State for permission to negotiate a Workers' Compensation ADR Agreement and that permission was granted.

The Third-Party Administrator (TPA) to the ADR Program will be Acclamation Insurance Management Services (AIMS), which is the City's current Workers' Compensation administrator. With assistance from AIMS, and an attorney that usually represents employees in workers' compensation matters, the City negotiated an agreement with each association that includes the following provisions:

Two-year pilot program.

All workers' compensation claims filed by bargaining group members after the ADR Agreement is approved will be covered by the agreement.

Bargaining group members with claims filed prior to the approval of the ADR agreement may petition to reopen those claims under the ADR agreement.

A Joint Labor Management (JLM) team will be created consisting of members of City staff, the City's TPA, and leadership from the bargaining groups to administer the program and review claims data to ensure that continuance of the program is in the best interests of the parties.

A list of preferred specialists for referral will be approved and maintained by the JLM. Additionally, the City's TPA will be given approving authority for any specialists not on the list approved by the JLM.

A list of Independent Medical Examiners (IME's) will be approved and maintained by the JLM. The IME's will be utilized for resolution of medical disputes such as causation, permanent disability, apportionment and permanent work restrictions. The IME's will have entered into agreements with the risk management authority to provide for expedited appointments and expedited reporting timelines over the existing State processes.

A list of qualified mediators will be approved and maintained by the JLM. The mediators will have the authority to approve settlement agreements. Mediation will be available to both legally represented and non-represented employees.

A list of nurse case managers will be approved and maintained by the JLM to assist in facilitating medical treatment.

To determine the effectiveness of the program, the JLM will annually review comparative data between pre and post ADR Agreement implementation claims, to include:

Total number of claims reported by bargaining group members per fiscal year Whether a Qualified Medical Examiner (QME)/Agreed Medical Examiner (AME) was utilized (pre implementation claims)
Whether an Independent Medical Examiner (IME) was utilized (post implementation claims) Percent of claims litigated pre/post implementation
Length of time to Permanent & Stationary/Maximum Medical Improvement date from injury date (pre/post implementation)
Length of time to final settlement approval from injury date (pre/post implementation) Delayed claims (pre/post implementation)
If approved, the proposed Labor Management Workers' Compensation ADR Agreements will be on file with the Office of the City Clerk.

In order to participate in the ADR Program, the bargaining units must file a Petition for Permission to Negotiate a Labor Management Agreement for Workers' Compensation. These have already been filed with the Department of Industrial Relations. The bargaining units have also ratified the Agreements with their members. The next step is for Council to approve the Agreements. The Agreements will then be forwarded to the Department of Industrial Relations and, once approved, the City can begin the ADR Program.

LEGAL REVIEW:

The City Attorney's Office has reviewed the agreements and resolution and approved them as to form.

Prepared by: Stephanie Sikkema, Finance Director
Fiscal Impact
FISCAL IMPACT:

The intent of the Labor Management Workers' Compensation ADR Agreement is to improve and expedite existing processes in the State workers' compensation system to the extent feasible under the Labor Code. The proposed program is expected to reduce the City's exposure to temporary disability payments, Labor Code 4850 salary replacement benefits, time spent in light/modified duty assignments, and legal costs.

At this time, staff believes this program will have a minimal fiscal impact to the City. This is because with the ADR program, an injured employee would be receiving the same treatment as he or she would have with the current state program, only more expeditiously. Any financial savings to the City would most likely be a result of reduced over-time. The table below displays the number of hours and base pay for employees out on worker's compensation leave from calendar year 2021 to 2023.

FFA FMA Total
Year Hours Amount ($) Hours Amount ($) Hours Amount ($) 2021 7,574 275,877 0 0 7,574 275,877
2022 13,685 553,677 153 8,112 13,838 561,789
2023 16,678 706,480 347 18,498 17,025 724,978
Grand Total 37,937 $1,536,035 500 $26,610 38,437 $1,562,645 Attachments
Attachment No. 1 - Resolution No. 2024-67
Exhibit A - ADR Agreement with FFA
Exhibit B - ADR Agreement with FMA
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Achieve Fiscal Sustainability and Financial Stability
Maintain Good Intergovernmental Relations
ATTACHMENT NO. 1
RESOLUTION NO. 2024-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, APPROVING LABOR
MANAGEMENT WORKERS’ COMPENSATION

ALTERNATIVE DISPUTE RESOLUTION AGREEMENTS

BETWEEN THE CITY OF WEST COVINA AND THE WEST
COVINA FIREFIGHTERS’ ASSOCIATION, I.A.F.F., LOCAL
3226 AND THE WEST COVINA FIRE MANAGEMENT

ASSOCIATION
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, California Labor Code section 3201.7 provides employers and recognized bargaining units a means for providing alternative dispute resolution programs for workers’ compensation disputes; and
WHEREAS, the City of West Covina (“City”) and the West Covina Firefighters’ Association, I.A.F.F., Local 3226 (“WCFFA”) desire to enter into an agreement that provides an alternative dispute resolution process for workers’ compensation claims pursuant to California Labor Code section 3201.7; and
WHEREAS, the City and the West Covina Fire Management Association (“WCFMA”) desire to enter into an agreement that provides an alternative dispute resolution process for workers’ compensation claims pursuant to California Labor Code section 3201.7; and WHEREAS, the City and the WCFFA have met and conferred in good faith and negotiated a Labor Management Workers’ Compensation Alternative Dispute Resolution Agreement, attached hereto as Exhibit “A,” that provides active employees and retirees claiming compensable injuries under Division 4 of the California Labor Code with an expedited procedure to resolve disputes in accordance with the provisions of the agreement and to facilitate those employees’ prompt recovery and return to work; and WHEREAS, the City and the WCFMA have met and conferred in good faith and negotiated a Labor Management Workers’ Compensation Alternative Dispute Resolution Agreement, attached hereto as Exhibit “B,” that provides active employees and retirees claiming compensable injuries under Division 4 of the California Labor Code with an expedited procedure to resolve disputes in accordance with the provisions of the agreement and to facilitate those employees’ prompt recovery and return to work; and WHEREAS, the City Council desires to approve the Labor Management Workers’ Compensation Alternative Dispute Resolution Agreements with the WCFFA and the WCFMA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves the Labor Management Workers’ Compensation Alternative Dispute Resolution Agreements between the City of West Covina and the WCFFA and the WCFMA, attached hereto as Exhibits A and B.

SECTION 2. The City Council authorizes the City Manager to execute the Agreements on behalf of the City, in substantially the form as attached and in such final form as approved by the City Attorney.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 19th day of November, 2024.

Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2024-67 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 19th day of November, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

EXHIBIT B

AGENDA ITEM NO. 6

AND RATIFICATION OF FINDING THAT COMPLIANCE WITH CITY'S BIDDING

PROCEDURES WAS INEFFICIENT IN CONNECTION WITH CERTAIN SERVICES

PROVIDED AT CITY EVENTS
RECOMMENDATION:

It is recommended that the City Council:

Ratify the finding that compliance with the bidding requirements and procedures was inefficient, based on the increase in number of events and lack of staff for event planning for the following services for the period of January 1, 2024 through December 31, 2024: event rentals, photography, musical performers, and balloon artists.

1. 2. Introduce the following ordinance:

MUNICIPAL CODE
BACKGROUND:

In June 2022, the City Council adopted Ordinance No. 2498, repealing and replacing Divisions 1 (Generally) and 2 (Administration) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the West Covina Municipal Code (WCMC) in their entirety and amending Division 3 (Contracting for Public Projects) of Article VII of Chapter 2 of the WCMC. In October 2022, the City Council adopted Ordinance No. 2501, amending Article VII of Chapter 2 of the West Covina Municipal Code to re-incorporate previously adopted SB 1383 procurement requirements and clarifying procedures for public projects.

Agreements that include automatic renewal or extension provisions are colloquially referred to as “evergreen” agreements. The City has entered into evergreen agreements with certain service providers, such that the termination period for such agreements is the length of the contract term, such as 15 years or 25 years. In the State Auditor’s December 2020 Audit Report regarding the City, the State Auditor noted that neither the City’s Municipal Code nor its purchasing policies required any limits on a contract’s duration, and stated the City’s decision to increase the duration of the evergreen period in its solid waste franchise agreement to 25 years was not in the City’s best interest because it restricted the City’s ability to seek more favorable terms from other vendors offering similar services. The Audit Report recommended that the City amend its contracting policies to include a requirement that City Management document its reason for entering into any contract or contract extension with a duration in excess of five years.

In response to the Audit Report, Ordinance No. 2498 codified the City's policy of limiting the duration of agreements for goods and/or services to five (5) years, and the length of lease agreements to thirty (30) years, unless otherwise approved by the City Council. T he intent of Section 2-330 is to limit the duration for which the City is obligated to remain a party to an agreement without the ability to terminate to a maximum of five years.

DISCUSSION:

The number of City events have increased since 2021. However, staffing to coordinate such events properly was not increased until this fiscal year. Small vendors that would typically fall under the threshold for competitive bidding are being utilized more, causing the need for competitive bidding. Since the increase in events has been gradual over time, it was just recently discovered that the threshold for several vendors exceeds bidding requirements and therefore requires ratification by the City Council.

Now that a new Deputy Community Services Director is onboard to provide adequate oversight of event planning, competitive bidding will be implemented moving forward, including conducting a Request for Proposals for event services. However, due to the uniqueness of some services, staff recommends adding an exemption from competitive bidding for performing artist services. Performing artist includes, but is not limited to, art, dance, music, theatre, magic, illusion, mime, puppetry, stand-up comedy, face painting, and balloon artistry.

Additionally, the State Auditor has recommended that to ensure that the agreements the City enters are effective and represent the best value, West Covina should amend its contracting policies to include a requirement that City Management document its reason for entering into any agreement or agreement extension with a duration in excess of five years.

The proposed Ordinance No. 2524 includes:

Adds language to require that the City document the rationale for entering into agreements or extensions to agreements that exceed five (5) years in duration.

Makes clarifying changes to Section 2-330 of the West Covina Municipal Code.

Adds a definition for performing artist services in Section 2-327 of the West Covina Municipal Code.

Amends Section 2-355 of the West Covina Municipal Code to include an exemption from competitive bidding requirements for performing artist services Staff recommends that the City Council introduce Ordinance No. 2524.

LEGAL REVIEW:

The City Attorney's Office has reviewed the ordinance and approved it as to form.

Prepared by: Stephanie Sikkema, Finance Director
Fiscal Impact
FISCAL IMPACT:

This is strictly an administrative item, therefore; there is no fiscal impact associated with this action.

Attachments
Attachment No. 1 - Ordinance No. 2524
CITY COUNCIL GOALS & OBJECTIVES: Maintain Good Intergovernmental Relations

ATTACHMENT NO. 1
ORDINANCE NO. 2524

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING DIVISION 2
(PURCHASING PROCEDURES) OF ARTICLE VII
(PURCHASES AND SALES) OF CHAPTER 2
(ADMINISTRATION) OF THE WEST COVINA MUNICIPAL
CODE
WHEREAS, pursuant to California Government Code sections 54201 through 54203, local agencies are required to adopt, by ordinance, policies and procedures, including bidding regulations, governing the purchases of supplies and equipment by the local agency; and
WHEREAS, the City of West Covina (“City”) has adopted such policies and procedures by ordinance. Said policies and procedures are codified in Division 2 (Purchasing Procedures) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the West Covina Municipal Code; and WHEREAS, agreements that include automatic renewal or extension provisions are colloquially referred to as “evergreen” agreements; and WHEREAS, the City has entered into evergreen agreements with certain service providers, such that the termination period for those agreements is the length of the contract term, such as 15 years or 25 years; and
WHEREAS, in the State Auditor’s December 2020 Audit Report regarding the City, the State Auditor noted that neither the City’s Municipal Code nor its purchasing policies required any limits on a contract’s duration, and stated the City’s decision to increase the duration of the evergreen period in its solid waste franchise agreement to 25 years was not in the City’s best interest because it restricted the City’s ability to seek more favorable terms from other vendors offering similar services; and WHEREAS, the Audit Report recommended that the City amend its contracting policies to include a requirement that City Management document its reason for entering into any contract or contract extension with a duration in excess of five years; and WHEREAS, in response to the Audit Report, the City codified Section 2-330 of Division 2 of Article VII of Chapter 2 of the West Covina Municipal Code, which currently provides that, unless otherwise approved by the City Council, the maximum length of any contract for goods and/or services shall be no more than five (5) years, and the maximum length of any lease agreement shall be no more than thirty (30) years; and WHEREAS, the intent of Section 2-330 is to limit the duration for which the City is obligated to remain a party to an agreement without the ability to terminate to a maximum Ordinance No. 2524

Page 2 of 4 ends

of five years; and
WHEREAS, the City Council desires to amend Section 2-330 to incorporate the requirement that the City document the reason for any contract or contract extension that exceeds five (5) years and make certain clarifying changes; and WHEREAS, Section 2-335 of Division 2 of Article VII of Chapter 2 of the West Covina Municipal Code outlines exemptions from the City’s competitive bidding requirements; and
WHEREAS, the City Council desires to add an exemption for performing artist services for City-sponsored events, and to establish the definition for performing artist services; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all of the facts and findings set forth in the recitals to this Ordinance are true and correct.

SECTION 2. Amendment to Section 2-330. Section 2-330 (Maximum Contract Term) of Division 2 (Purchasing Procedures) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the West Covina Municipal Code is hereby amended to read as follows:

Sec. 2-330. - Maximum contract duration.
(a) Unless otherwise approved by the city council, the maximum duration for any agreement for goods and/or services shall not exceed five (5) years. Prior to approving any agreement with a duration that exceeds five (5) years, the city shall document the rationale for entering into the agreement and why such agreement is in the best interest of the city.
(b) Notwithstanding subsection (a) of this section, the city may:
(1) Extend the term of an agreement beyond a five-year duration, provided that (a) no extension period shall exceed five (5) years, (b) the city documents the rationale for the extension and why such extension is in the best interest of the city, and (c) the city complies with any applicable procurement requirements set forth in this division. The city manager may approve such extension, provided it is within the city manager’s signing authority. (2) Enter into an agreement for goods and/or services that includes automatic extension or renewal periods that do not exceed one (1) year periods, Ordinance No. 2524

Page 3 of 4 ends

provided the agreement allows the city to terminate the agreement at the end of any automatic one (1) year extension or renewal period. (c) Unless otherwise approved by the city council, the maximum duration for any lease agreement shall not exceed thirty (30) years.

SECTION 3. Amendment to Section 2-327. Section 2-327 (Definitions) of Division 2 (Purchasing Procedures) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the West Covina Municipal Code is hereby amended to add a definition for performing artist services to read as follows:

Performing artist services means services provided by a person or group with specialized training, education, creativity, or skill in the arts. Performing artist services includes, but is not limited to, art, dance, music, theatre, magic, illusion, mime, puppetry, stand-up comedy, face painting, and balloon artistry.

SECTION 4. Amendment to Section 2-335. Section 2-335 (Exemptions from Competitive Bidding) of Division 2 (Purchasing Procedures) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the West Covina Municipal Code is hereby amended to add a new subsection (l) to read as follows:
(l) A procurement for performing artist services for city-sponsored events.

SECTION 5. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.

SECTION 6. Inconsistencies. Any provision of the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 7. Severability. If any section, subsection, clause or phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this Ordinance. The City Council of West Covina hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases or portions thereof be declared invalid or unconstitutional.

SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Ordinance No. 2524

Page 4 of 4 ends

SECTION 9. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.

PASSED, APPROVED AND ADOPTED this ___ day of __________, 2024. ________________________
Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
________________________ ________________________
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF WEST COVINA )
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2524 was introduced at a regular meeting of the City Council held on the 19th day of November, 2024, and adopted at a regular meeting of the City Council held on the ____ day of _______, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Lisa Sherrick
Assistant City Clerk
AGENDA ITEM NO. 7

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), STAFFING FOR

ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT
(EMW-2023-FF-01127)
RECOMMENDATION:

The City Manager recommends that the City Council decline the 2023 SAFER Grant (#EMW-2023-FF-01127), to avoid deficit spending in the General Fund, and future layoffs.

BACKGROUND:

In 2008, the City of West Covina Fire Department deployment model was 80 sworn Firefighters. Over time, the deployment model has decreased the number of sworn budgeted firefighters to 70.

The Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Grant Programs Directorate implements and administers the SAFER Grant Program. The SAFER Program provides funding to fire departments and volunteer fire interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate fire protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. Specifically, the grant focuses on standards included in the deployment and assembly sections of National Fire Protection Association (NFPA) Standard 1710.

The City has a history with the SAFER grant, having applied for and received it on two separate occasions:

SAFER Grant #1
In 2011, the City of West Covina applied for a DHS SAFER grant to reinstate Engine #4, and to ensure that all areas of the community had fire apparatus with the ability to extinguish fires. The City was awarded a SAFER grant (SAFER Grant # 1) to hire 12 additional firefighters and reinstate Engine #4.

This grant provided full reimbursement to the City for all employee expenses, including: salary; benefits; overtime; hiring costs; fire equipment; etc. The grant funded these 12 positions for two years, with the City being required to fund all 12 positions in the third year, unless a financial hardship would prevent the City from funding the positions in the third year.

As a condition of accepting the SAFER Grant #1, the City of West Covina and the Firefighters’ Association (FFA) agreed to a side letter to its Memorandum of Understanding (MOU), which stipulated that upon the grant's expiration, the FFA agreed to revert back to the staffing model in place prior to the grant. In 2013, the City was facing continued financial challenges and received a DHS waiver to fund the third year of SAFER Grant #1. With the side letter to the MOU in place, the City laid off those employees hired under SAFER Grant #1 and reverted to the previous deployment model without Engine #4.

SAFER Grant #2
In 2014, the City was awarded a new SAFER Grant (SAFER Grant #2) to fund 13 positions, which included the 12 positions hired under SAFER Grant #1 and an Assistant Fire Chief/Fire Marshal position that had been cut in a previous budget. In April 2015, DHS notified the City that it was not providing full reimbursement for the 13 positions, as the guidelines for the grant had changed. Under SAFER Grant #2, salary and benefits for personnel were covered, but overtime, equipment, and hiring costs were not (these items were covered under SAFER Grant #1).

In addition, DHS notified the City that the grant application submitted (SAFER Grant #2) would not pay for the Assistant Chief/Fire Marshal, Captains, or Engineers, as the program provides funding for new hires only. Therefore, internal candidates that were promoted to these positions would not be funded.

The City submitted an amendment to DHS for SAFER Grant #2 to allow for the costs of the promoted Assistant Chief/Fire Marshal, Captains, or Engineers, which was denied. DHS did allow a reduction in the minimum Fire Department staffing required under the grant to allow the City to realize some reduced costs in the SAFER Grant #2, which had already been accepted. The grant expired on May 15, 2017.

Due to the changes in the guidelines of SAFER Grant #2 from SAFER Grant # 1, the City expended $1.7 million from the General Fund over the three-year period of the grant, while the City received $3.6 million from the grant. The $1.7 million expenditure incurred from SAFER Grant #2 was an unanticipated cost to the City due to the changed reimbursement guidelines of SAFER Grant #2.

On December 15, 2015, the City Council purchased two Pierce Fire Engines and a Pierce Quint Aerial Truck (Quint). Delivery of the new vehicles occurred in Fiscal Year 2016-2017. The purchase was to replace apparatus that had frequent mechanical issues and to allow greater flexibility in determining a future deployment model for when the SAFER Grant #2 expired. The Quint serves as both a fire engine and truck, which means the Quint has the ability to store and pump water to extinguish a fire. Specifically, the addition of the Quint to replace the Truck allowed the City to revert back to the Citywide staffing that was in place prior to the SAFER Grant # 1, but with an apparatus that could store and pump water to put out fires. In addition, the Quint is staffed with four personnel, instead of the three on the Truck. This means the addition of the Quint would provide one additional firefighter on duty every day on this unit, compared to the pre-SAFER grant model.

As outlined above, as part of the SAFER Grant #1 acceptance, the City had pre-negotiated a side letter to the FFA MOU. Pursuant to the side letter, City and FFA agreed that at the conclusion of SAFER Grant #1, the City would revert back to the previous deployment model. Unfortunately, the City did not negotiate another side letter in 2014 for the SAFER Grant #2. Due to this oversight, the City was required to conduct a meet-and-confer labor negotiation on the impacts to the members of the FFA by changing the staffing model after the expiration of SAFER Grant #2.

The proposed staffing changes were not allowed to occur until this process was completed. In early 2017, the City met with FFA to discuss the impacts to members of the FFA by changing the staffing model. Over the next few months, both the City and FFA submitted various proposals to one another in an effort to finalize the negotiations. Unfortunately, the two sides could not come to a joint agreement.

On May 2, 2017, the City/FFA declared impasse and the FFA requested the process be reviewed by a fact-finding panel. The SAFER Grant #2 expired on May 17, 2017. Prior to fact-finding, the City converted all previously SAFER Grant #2 employees to permanent members of the West Covina Fire Department, as a sign of good faith for their service to the community. This was one of the requests of FFA in the last, best, and final offer (LBFO).

On August 31, 2017, the PERB Arbitrator/Fact-Finder Robert Bergeson, Thomas Mauk (City Panelist) and Paul Krueger (FFA Panelist) heard testimony from the City and FFA on the proposed staffing changes. City's continued claim was due to financial challenges of the City, which included: unfunded pension obligations; adoption of a Fiscal Year 2017-18 budget that included $1.2 million in managed savings for public safety; deferred maintenance of City facilities; annual cost of $1.6 million to maintain engine company; need for new revenues to pay for staffing increases; and much more.

The Fact-Finding Report was issued on or about February 7, 2018, and presented to the City Council on February 12, 2018. The report was also posted on the City's website. As required under the provisions of the Meyers-Milias-Brown Act, the City Council held a public hearing on the impasse and Fact-Finding report before implementing its LBFO.

The City's LBFO included the following components:

Removal of an engine from service and replacing it with the Quint; Elimination of 6 vacant positions;
Demotion of 3 Captains and 3 Engineers to their former ranks; Agree to staff new Quint apparatus with four personnel, one of which may be a Firefighter; Extend the rehire eligibility for the 6 demoted members from the current 1-year limit to 2 years; Permit the demoted members to work up to fill vacancies (e.g. vacation, sick days) and be compensated at the higher ranks for those shifts; and
Allow the rebidding of assignments if the Association so desires.

This history explains why the Fire Department deployment model has fluctuated from 80 sworn firefighters in 2008 to 70 today.

DISCUSSION:

Fire Department staff applied for and was awarded a new three-year SAFER Grant (EMW-2023-FF-01127) to hire 15 new firefighters. The federal share of the grant is for a total cost of $6,804,000, over three years. Due to the amount of the grant, the City Council must accept or decline the grant. The performance period for the SAFER grant commences on March 23, 2025, and will continue for three years.

While, on the surface, this grant appears to provide additional funding for new positions, there is a cost to the General Fund and long-term implications for the City. The original application did not account for the full cost of the proposed positions, the impact on the City’s pension Unfunded Accrued Liability (UAL), nor the onboarding cost to outfit the new personnel. In addition, a pre-negotiated side letter to the FFA MOU has not been negotiated. Additionally, the history of this particular program has shown to trigger both fiscal and labor-related issues for the City in the long run.

Once a SAFER grant is accepted, the SAFER Program Office works with recipients to establish the correct staffing maintenance numbers, which combine the number of pre-SAFER Program and SAFER Program-funded operational positions. Once this is established, recipients must agree to maintain this number throughout the period of performance by taking active and timely steps to fill any vacancies.

Recipients who lay off any operational personnel during the period of performance will be considered in default of their grant and the award will be terminated. In those situations, recipients may be required to return the federal funds disbursed under the grant award. Recipients who are unable, due to documentable economic hardship, to backfill non-SAFER Program operational positions vacated through attrition (e.g., resignation, retirement) after receiving an award may petition FEMA to waive the staffing maintenance requirements. Approved waivers allow recipients to decrease and reestablish the staffing maintenance numbers agreed to at the time of award by the number of positions that recipients are unable to fill. To qualify for this waiver, the economic hardship must affect the entire public safety sector in a recipient’s jurisdiction, not just the fire department. FEMA will not grant waivers for SAFER Program-funded positions. Recipients who fail to maintain the required level of staffing risk losing federal funds awarded under this grant.

Since the City’s financial condition has fluctuated over the years, requiring layoffs, it is not recommended to make this long-term commitment. Additionally, the grant, as written, has a negative impact on the City’s General Fund.

OPTIONS:

Below are some options for City Council consideration:

Approve staff’s recommendation and decline the grant as it will result in deficit spending, and future layoffs;

1. Authorize the City Manager to accept the grant contingent upon modification to fit within the current budget and an agreement with FFA that addresses potential future layoffs to ensure no deficit spending; or

2. Authorize the City Manager to accept the grant and implement it as proposed by the Fire Department:

3. With the acceptance of the 2023 SAFER grant, the West Covina Fire Department proposes to re-instate the vacant Assistant Fire Chief position and open the closed 5th daily fire engine, staffed with a Fire Captain, Fire Engineer and a Firefighter, and add an additional Rescue Ambulance (ALS/Paramedic) staffed with two Firefighters/Paramedics. This staffing allows for management of training, administration and support for the Fire Department-related needs.

Staffing 2008 Staffing 2024 Proposed 3/2025-3/2028
Fire Chief 1 1 1
Fire Assistant Chief 4 3 4
Fire Captain 18 15 18
Fire Engineer 18 15 18
Firefighter-Firefighter/Paramedic 39 36 45
Total 80 70 86
The Fire Department's objective is to adequately provide resources to emergencies that meet the NFPA Standard 1710. NFPA Standard 1710 specifies requirements for effective and efficient organization and deployment of fire suppression operations, emergency medical operations, and special operations to the public by fire departments to protect citizens and the occupational safety and health of fire department employees.

Fire Department staff requested the grant funds at the rate of a Firefighter. The staffing level of this re-instated fire engine is required to be one Fire Captain, one Fire Engineer and a Firefighter/Paramedic. Acceptance of the 2023 SAFER grant will require the promotion of three Fire Captains and three Fire Engineers. The grant does not provide for a difference in costs for a Firefighter/Paramedic's salary to a Fire Captain or a Fire Engineer or the needed Assistant Fire Chief administration support.

The SAFER grant does not have any provisions requiring the City to request funds for another three years at the end of the performance period. However, the Fire Department would request funds if the financial status of the City is still not able to provide for the needed staffing level. On average, fire departments have had three consecutive 3-year-approved SAFER requests granted.

With the addition of a new rescue ambulance, with one transport a day, Fire Department staff estimate it would generate revenue to offset the cost to the City.

New Rescue Ambulance Average Single
Transport Fee
Annual Revenue
(1 Transport Per
Day)
Emergency Medical Transport Service (Potential
Daily Revenue) $2,614 $954,110
*The transport fee is based on Basic Life Support resident rate ($2,342) plus additional emergency medical transport service fees. This fee rate is subject to change based on the services provided.

The Fire Department estimates that the new ambulance transport resource alone is expected to cover a portion of the cost of the proposed positions. Fire Department staff, upon seeking appropriate authorization, will continue to apply for the SAFER grant in subsequent years to continue the staffing level, until a time when the City can budget and sustain an appropriate staffing level.

Fiscal Impact
FISCAL IMPACT:

The total awarded amount for the SAFER grant to West Covina Fire Department is $6,804,000 as outlined below:

GRANT AWARD FUNDS First Year Second Year Third Year Total Personnel $1,444,500 $1,516,860 $1,592,640 $4,554,000
Fringe Benifits $750,000 $750,000 $750,000 $2,250,000
Non-Federal Funds $0.00 $0.00 $0.00 $0.00
Total $2,194,500 $2,266,860 $2,342,640 $6,804,000
Option 1: Decline Grant, No General Fund Impact
The grant as applied for underestimated the full cost of salary and benefits for a Firefighter position.

Additionally, benefits were held flat over the duration of the grant period. On average, salary and benefits increase by at least five percent each year.

Year Application Actual Estimate*
Under/(-Over)
Application
1 $2,194,500 $2,542,125 -$347,625
2 $2,266,860 $2,669,232 -$402,372
3 $2,342,640 $2,802,693 -$460,053
$6,804,000 $8,014,050 -$1,210,050
*Assumes 15 Firefighter positions hired at Step 1.

In addition to the normal costs, an increase in personnel will lead to an increase in the City’s unfunded accrued liability. The table below shows the current and next year’s UAL payments for public safety.

Without an increase in personnel, the UAL is expected to double next fiscal year.

While the exact impact is unknown, the additional personnel would be at least a 20 percent growth in payroll. The California Public Employees' Retirement System (CalPERS) actuarial report assumes a

2.80 percent growth in payroll. Anything over 2.8% will lead to an increase in the estimated UAL which is already expected to double next fiscal year.
2024-25 2025-26 % Increase
Safety UAL 1,273,821 2,586,853 103.1%
Fire Salary & Benefits 16,888,213 20,401,855 20.8%
Lastly, the grant is for three years. After the third year, if the grant is not extended, the City would absorb over $2.9 million in additional salaries and benefits, not including the increase in the UAL.

Option 2: Accept Grant Contingent upon No General Fund Impact and Agreement with FFA While Option 2 does not have an impact on the City’s General Fund, it requires the grant program to accept the City’s proposed changes and an agreement with the FFA to allow for layoffs should the grant not be extended in the future.

Option 3: Over $4.3 Million Fiscal Impact to the General Fund over 3 years The Fire Department estimates the fiscal impact incurred by the re-instated Fire Captain (3), Fire Engineer (3), and Fire Assistant Chief (1) annual costs above the reimbursement amount will be offset by the added revenues.

EXPENDITURE

SALARIES
New
Positions
Fiscal Year
2024/2025
(3/2025-7/2025)
Fiscal
Year
2025/2026
Fiscal
Year
2026/2027
Fiscal Year
2027/2028
(7/2027-3/2028)
Fire Captain 3 $180,750 $723,000 $759,150 $597,825
Fire Engineer 3 $163,500 $654,000 $686,700 $540,776
Firefighter/Paramedic 9 $454,500 $1,818,000 $1,908,900 $1,503,259 Fire Assistant Chief 1 $65,500 $260,000 $273,000 $214,988 Total 16 $864,250 $3,455,000 $3,627,750 $2,856,848
.

BUDGET IMPACT Fiscal Year
2024/2025
Fiscal Year
2025/2026
Fiscal Year
2026/2027
Fisacl Year
2027/2028
TOTAL
Salaries ($864,250) ($3,455,000) ($3,627,750) ($2,856,848) ($10,803,848) Onboarding administrtration ($15,000) $0.00 $0.00 $0.00 ($15,000) Onboarding equipment ($300,000) $0.00 $0.00 $0.00 ($300,000) Grant funds $548,625 $2,212,590 $2,285,805 $1,756,980 $6,804,000 Total ($630,625) ($1,242,410) $(1,341,945) ($1,099,868) ($4,314,848) Attachments
Attachment no 1_ SAFER_EMW-2023-FF-01127 - Award Package Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/23/2024
Sean Wise

CITY OF WEST COVINA
1444 W GARVEY AVE S
WEST COVINA, CA 91790
EMW-2023-FF-01127
Dear Sean Wise,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2023 Staffing for Adequate Fire and Emergency Response (FF) Grant funding opportunity has been approved in the amount of $6,804,000.00 in Federal funding.

FEMA has waived, in part or in full, one or more requirements for this grant award. See the Summary Award Memo for additional information about Economic Hardship Waivers.

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

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2023 FF Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Summary Award Memo
Program: Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response ATTACHMENT NO. 1
Recipient: CITY OF WEST COVINA
UEI-EFT: ZHHFLMKMZKL1
DUNS number: 071914824
Award number: EMW-2023-FF-01127
Summary description of award
The purpose of the SAFER Grant Program is to provide funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application ― including budget information ― was consistent with the SAFER Grant Program’s purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Approved Economic Hardship Waivers
Position cost limit waiver
FEMA has waived the position cost limit requirement for this grant award. Costs are limited to the approved budget per position.

Cost share waiver
FEMA has waived the cost share requirement for this grant award. You are not required to contribute non-Federal funds for this grant award. The recipient is responsible for any costs that exceed the Federal funding provided for this grant award.

Minimum budget waiver
FEMA has waived the minimum budget requirement for this award.

Non-supplanting waiver
FEMA has waived the non-supplanting requirement for this award. SAFER grant funds may be used to replace funds that would be available from State or local sources or from the Bureau of Indian Affairs.

Amount awarded
The amount of the award is detailed in the attached Obligating Document for Award. The cost share amounts described in this award letter are based on the approved total project cost; however, the Federal funding available is limited based on the applicable position cost limit and the applicable cost share as applied to actual costs.

The following are the total approved budgeted estimates for object classes for all funded firefighter positions for this award (including Federal share plus your cost share, if applicable, as applied to the estimated costs):

Program Income $0.00
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 FF NOFO.

Approved request details:

Hiring of Firefighters
Object Class First Year Second Year Third Year Total
Personnel $1,444,500.00 $1,516,860.00 $1,592,640.00 $4,554,000.00 Fringe benefits $750,000.00 $750,000.00 $750,000.00 $2,250,000.00 Travel $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00 $0.00
Contractual $0.00 $0.00 $0.00 $0.00
Construction $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00 $0.00
Indirect charges $0.00 $0.00 $0.00 $0.00
Federal $2,194,500.00 $2,266,860.00 $2,342,640.00 $6,804,000.00 Non-federal $0.00 $0.00 $0.00 $0.00
Total $2,194,500.00 $2,266,860.00 $2,342,640.00 $6,804,000.00 Agreement Articles
Program: Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response Recipient: CITY OF WEST COVINA
UEI-EFT: ZHHFLMKMZKL1
DUNS number: 071914824
Award number: EMW-2023-FF-01127
New, Additional Firefighter(s)

BENEFITS FUNDED
The annual benefit amounts are per month: Healthcare cost: City pays a max of $1509.28 (Kaiser +1). Dental costs: City pays $62.23. Vision care costs: City pays $45.42. Life insurance costs:

City pays $10.43. Retirement/Pension costs: City pays20.64% of PERSable wages. Deferred Compensation costs: City contributes $50. Retirement Health Savings costs: City contributes $200. Medicare: 1.45% Uniform Allowance: $1,000/year. Bilingual pay: $100/mo. Longevity pay:
$155 at 5 years, $310 at 10 years, $388 at 15 years, $504 at 20 years, $698 at 25 years) Education incentive: $195 for A.A. Degree or equivalent, $340 for A.A. or equivalent plus FF II Cert, $295 for bachelor's degree, $440 for bachelor's degree plus FF II Cert, $395 for master's degree, $540 for master's degree plus FF II Cert Holiday pay: $508.33/mo. Tuition Reimbursement: maximum of $2,736/year HEALTH INSURANCE Region 3 Sworn Fire (Los Angeles, Riverside, San Bernardino) Employee Only Employee + 1 Employee + Family Anthem Select HMO $737.91 $1,475.82 $1,918.57 Anthem Traditional HMO $942.73 $1,885.46 $2,451.10 Blue Shield Access+ HMO $738.29 $1,476.58 $1,919.55 Blue Shield Trio HMO $661.49 $1,322.98 $1,719.87 Health Net Salud Y Mas $606.34 $1,212.68 $1,576.48 Health Net SmartCare $755.29 $1,510.58 $1,963.75 Kaiser Permanente HMO $754.64 $1,509.28 $1,962.06 PERS Gold PPO $680.37 $1,360.74 $1,768.96 PERS Platinum PPO $992.59 $1,985.18 $2,580.73 United Healthcare HMO $790.46 $1,580.92 $2,055.20 UHC Signature Harmony $713.56 $1,427.10 $1,855.23 Dental Plan DeltaCARE Prepaid or Delta Dental of CA Employee Only - 18.46 / 59.50 Employee + 1 - 30.44 / 111.60 Employee + 2 - 45. / 190.70 Vision Plan Employee Only - 17.10 Employee + 1 - 24.41 Employee + 2 - 43.11

NUMBER OF FIREFIGHTERS
15 ANNUAL

SALARY PRICE
ANNUAL

BENEFITS

TOTAL PER

FIREFIGHTER
Year 1 $96,300.00 $50,000.00 $146,300.00
Year 2 $101,124.00 $50,000.00 $151,124.00
Year 3 $106,176.00 $50,000.00 $156,176.00
3 Year Total $6,804,000.00
Table of contents
Article
1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certifications
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identifiable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplicative Costs
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act
Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Trafficking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identifier and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modification of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals
Article 1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the federal awarding agency.

Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II.

Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or federal awarding agency program guidance. V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award.

After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made. Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS.

The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civilrights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.

Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

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

Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 18 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.) Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificatedair-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help- department-supportedorganizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.

Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Article 32 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 33 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

Article 35 SAFECOM
Recipients receiving 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. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.

Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.

Article 38 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.

Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process.

This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: [email protected] if you have any questions.

Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures.

Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities.

Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and nonconstruction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the firefighter hiring activities of new, additional firefighters, rehire laid off firefighters, or retain firefighters facing layoff OR recruitment and retention activities of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response as requested in its application. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients increased compliance with the National standards described in the NOFO.

Obligating document

1. Agreement No.

EMW-2023-FF01127

2. Amendment
No.

N/A

3. Recipient
No.
956000810

4. Type of
Action
AWARD

5. Control No.

WX03511N2024T

6. Recipient Name and
Address

CITY OF WEST COVINA
1444 W GARVEY AVE S
WEST COVINA, CA 91790

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

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

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

9. Name of
Recipient Project
Officer
Sean Wise
9a. Phone
No.
6269398844

10. Name of FEMA Project
Coordinator
Staffing for Adequate Fire and
Emergency Response (SAFER) Grant
Program
10a.

Phone
No.
1-866-
274-0960

11. Effective Date of
This Action
09/23/2024

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
03/22/2025 to
03/21/2028
Budget Period
03/22/2025 to
03/21/2028

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

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action +
or (-)
Current Total
Award
Cumulative
Non-Federal
Commitment
FF 97.083
2024-F3-
GF01 -
P410-xxxx4101-D
$0.00 $6,804,000.00 $6,804,000.00 $0.00
Totals $0.00 $6,804,000.00 $6,804,000.00 $0.00
b. To describe changes other than funding data or financial changes, attach schedule and check here:

N/A

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

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
09/23/2024
AGENDA ITEM NO. 8

It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR AND ACCEPTANCE OF 2023

STATE HOMELAND SECURITY GRANT, AUTHORIZING THE CITY MANAGER TO EXECUTE

ALL GRANT AGREEMENTS AND RELATED CERTIFICATIONS AND ASSURANCES, AND ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025 (2023 STATE HOMELAND SECURITY PROGRAM GRANT) BACKGROUND:

The State Homeland Security Program (SHSP) grant is a homeland security grant of federal origin that passes through the State Department of Homeland Security and then through the Los Angeles County Operational Area. Grant funding is determined through regional applications and negotiations headed by Los Angeles County.

DISCUSSION:

Through this regional process, a total of $100,540 was approved for West Covina (see Attachment No. 1) for 2023, for specific items for both the Police Department and Fire Department. The Police Department will receive $50,400 for the purchase of Police vehicle-mounted mobile data computers (MDCs). The Fire Department will receive $50,140 for hydraulic rescue equipment, personal protective equipment, one unmanned aircraft system, and a regional mobilization exercise. The funds can only be used for specific items that are approved by the grantors, and all purchases/projects must be completed by February 2026.

The proposed resolution (Attachment No. 2) approves the application for and acceptance of the 2023 SHSP grant, authorizes the City Manager to execute any and all grant agreements, in such form as approved by the City Attorney, including the Subrecipient Agreement with the County of Los Angeles, and all certifications and assurances required in connection with such agreements. The proposed resolution also authorizes the required budget amendments for this $100,540 grant, and authorizes the City Manager to accept and appropriate additional funds made available to the City through the 2023 SHSP grant and execute any documents required to accept and/or expend such additional funds.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and agreement and approved them as to form.

Prepared by: Alex B. Houston, Police Administrative Services Manager Additional Approval: Richard Bell, Chief of Police
Additional Approval: Vincent Capelle, Fire Chief
Fiscal Impact
FISCAL IMPACT:

The City will receive $100,540 for the 2023 SHSP grant, for the Police and Fire items specifically approved for this grant funding by the federal government and County Operational Area. As detailed in the proposed budget amendment, Staff is recommending expenditure appropriations of this amount and balancing revenue appropriations in Fund 218. There is no match requirement, and when all grant purchases and reimbursements are complete, there will ultimately be no impact on the City General Fund.

Attachments
Attachment No. 1 - 2023 SHSP Grant Agreement
Attachment No. 2 - Resolution No. 2024-66
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
State Homeland Security Program
Subrecipient Agreement
Grant Year 2023
Between the
County of Los Angeles
and the
City of West Covina
ATTACHMENT NO. 1

Page 1 ends

SUBRECIPIENT AGREEMENT

BETWEEN THE

COUNTY OF LOS ANGELES
AND

THE CITY OF WEST COVINA
THIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles"), and the City of West Covina, a public agency (the "Subrecipient").

W I T N E S S E T H
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067 - Homeland Security Grant Program directly to the California Governor's Office of Emergency Services (Cal OES) for the 2023 SHSP, Federal Award Identification No. 037-00000, Federal Award dated October 18, 2023 with a performance period of September 1, 2023 to May 31, 2026. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles, Unique Entity ID (UEI) #MKQ9AQH7R2S5, as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of the 2023 SHSP grant from Cal OES in the total amount of $9,481,457; and WHEREAS, the CEO now wishes to distribute 2023 SHSP grant funds to the Subrecipient in the amount of $100,540, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and

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WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on September 10, 2024 authorized the CEO to prepare and execute this Agreement.

NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:

SECTION I

INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:

A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of West Covina, a public agency, having its principal office at ______________
___________________________________________.
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:

1. The representative of the County of Los Angeles is, unless otherwise stated in this Agreement:

Craig Hirakawa
County of Los Angeles - Chief Executive Office
500 West Temple Street, Room 796
Los Angeles, CA 90012
Phone: (213) 974-1127
[email protected]
Kasey Dizon
County of Los Angeles - Chief Executive Office
500 West Temple Street, Room 796
Los Angeles, CA 90012
Phone: (213) 974-1764
[email protected]

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2. The representative of Subrecipient is:

Name and Title:

Organizational UEI #:

Address:

City/State/Zip:

Phone:

Email:

With a copy to:

Name and Title:

Organization:

Address:

City/State/Zip:

Phone:

Email:

B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular U.S. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message will be deemed communicated as of the date of mailing.

C. If the name and/or title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and

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will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:

A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement.

Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.

B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement.

C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement.

D. Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411.C of this Agreement.

SECTION II

TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2023 to February 28, 2026, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §503, below.

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§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter "Budget," for the 2023 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.

Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect.

Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.

B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds.

C. Subrecipient must review the Federal Debarment Listing at https://www.sam.gov/search/ prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.

D. Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.

E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (15th) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.

F. Subrecipient must provide an electronic copy of their Annual Single Audit Report, as required by Title 2 Code of Federal Regulations (C.F.R) Part 200, to the County of Los Angeles within 30 calendar days after receipt of the auditor's

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report(s). In the event the Subrecipient does not meet the Single Audit Threshold expenditure amount in a fiscal year, the Subrecipient must provide the County of Los Angeles a copy of a letter sent to State Controller's Office noting the Single Audit Threshold was not met, and its exempt status within nine months after the end of the Subrecipient's fiscal year, unless otherwise approved by the County of Los Angeles.

G. Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one onsite visit during the term of this Agreement. Monitoring will utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.

H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.

I. Subrecipient use of the Los Angeles Regional Interoperable Communication System's Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clearly demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.

J. Subrecipient shall not use grant funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People's Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

K. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at https://www.fema.gov/authorized-equipment-list and the Funding Guidelines of the 2023 SHSP Notice of Funding Opportunity, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements and any added Cal OES requirements. Federal procurement requirements for the 2023 SHSP can be found at Title 2 CFR Part 200.313.

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Any equipment acquired or obtained with Grant Funds:

1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;

2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan;

3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.

L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, "Equipment" is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit. Items costing less than $5,000.00, but acquired under the "Equipment" category of the Grant must also be listed on any required Equipment Listing.

1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.

3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division. The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the

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property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.

4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.

5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.

M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.

N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

O. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraininq.gov/frts/.

P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/hseep.

Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of this Agreement.

S. Pursuant to this Agreement, indirect costs are not reimbursable.

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SECTION Ill

PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $100,540 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the 2023 SHSP Grant Award Letter from Cal OES.

B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediately or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.

For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.

For Exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.

For Planning reimbursements, Subrecipient must include a copy of the final tangible product.

C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in

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§301.A., above, will not be utilized. As provided in §503, below, any increase or decrease in the grant amount specified in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.

E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.

F. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.

County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.

SECTION IV

STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. §402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder must comply with all applicable laws of the United States of America, the State of California, and the County of Los Angeles.

This Agreement will be enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.

If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.

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Applicable Federal or State requirements that are more restrictive will be followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §406. Permits
Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion,

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national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.

Subrecipient must comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://www.justice.gov/crt.

Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.

To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.

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§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:

1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" means:
a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.

C. The Subrecipient further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).

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D. The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.

E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.

F. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.

G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.

H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.

I. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor".
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

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These requirements include, but are not limited to:

1. CFR
Subrecipient must comply with Title 2 CFR Part 200.

2. Single Audit Act
Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act.

3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et seq., and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph.

4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.

Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language of this Certification be included in the award documents for all subawards at all tiers and that all subcontractors certify and disclose accordingly.

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5. Records Inspection
At any time during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S. Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's method of procurement, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement.

6. Records Maintenance
Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles.

7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement.

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8. Labor
Subrecipient must, as applicable, comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 CFR 900, Subpart F).

Subrecipient must, as applicable, comply with the provisions of the DavisBacon Act (40 U.S.C. §§276a to 276a-7); the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874); the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements; and the Hatch Act (5 USC §§1501-1508 and 7324-7328).

Subrecipient must, as applicable, comply with the Federal Fair Labor Standards Act (29 U.S.C. §201) regarding wages and hours of employment.

None of the funds may be used to promote or deter union/labor organizing activities. CA Gov't Code Sec. 16645 et seq.

9. Civil Rights
Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disabilities; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; 0) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human

Page 18 ends

subjects involved in research, development, and related activities supported by this award of assistance.

10.Environmental
Subrecipient must, as applicable, comply, or has already complied, 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 purchases.

Subrecipient must, as applicable, comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) 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.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).

Subrecipient must, as applicable, comply with the 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.

Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

Subrecipient must, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), which restores and maintains the chemical, physical and biological integrity of the Nation's waters.

Subrecipient must, as applicable, ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Granter agency of the receipt of any communication from the Director of the EPA Office of Federal

Page 19 ends

Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.

By signing this Agreement, Subrecipient warrants and represents that it will, as applicable, comply with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq.

Subrecipient must, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871).

Subrecipient must, as applicable, comply with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System.

11.Preservation
Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).

12.Suspension, Debarment, Ineligibility and Voluntary Exclusion Subrecipient must, as applicable, comply with Title 2 CFR Part §3000, regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.

13.Drug-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, Title 44 Code of Federal Regulations (CFR) Part §17; the California Drug-Free Workplace Act of 1990, CA Gov't Code §§8350-8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient must require that the language of this Certification be included in the award documents for all subaward at all tiers and that all subcontractors certify accordingly.

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14.Lobbying Activities
Subrecipient must, as applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (0MB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference.

15.Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).

B. Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program.

Subrecipient must, as applicable, comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

These requirements include, but are not limited to:

Title 2 CFR Part 200; EO 12372; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.

Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, §8607.1(e) and CCR Title 19, §§2445-2448.

Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit

Page 21 ends

Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants).

Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations.

1. Travel Expenses
Subrecipient, as provided herein, will be compensated for Subrecipient's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Subrecipient's total travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel, including out- of-State travel, that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles.

Subrecipient's administrative-related travel and per diem reimbursement costs will not be reimbursed. For programmatic-related travel costs, Subrecipient's reimbursement rates may not exceed the amounts established under the grant.

C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in Exhibit F and in the State's "Grant Assurances". By signing these Grant Assurances and accepting Exhibit F, the County of Los Angeles became liable to the State for any funds that are used in violation of the grant requirements. The State's Grant Assurances are incorporated into this Agreement through Exhibit D. Subrecipient will be liable to the Granter for any funds the State determines the Subrecipient used in violation of these Grant Assurances.

Pursuant to this Agreement, Subrecipient shall execute the 2023 Certification of Grant Assurances in Exhibit D, accepting and agreeing to abide by all provisions, assurances, and requirements therein. Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances.

To the extent Exhibit D conflicts with language or provisions contained in this Agreement, or contains more restrictive requirements under Federal and State law, Exhibit D shall control.

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D. Noncompliance With Grant Requirements
Subrecipient understands that failure to comply with any of the above assurances and requirements, including Exhibit D, may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures.
§412. Federal, State and Local Taxes
Federal, State and local taxes are the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program.
§413. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery ("Invention") patentable or otherwise under Title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Subrecipient must report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles will report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State will determine whether to seek protection on the Invention. The State will determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.

B. Rights to Use Inventions
As applicable, County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.

Page 23 ends

C. Copyright Policy

1. Unless otherwise provided by the State or the terms of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the County of Los Angeles, at its discretion, may copyright the Material. If the County of Los Angeles declines to copyright the Material, the County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.

2. The State will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.

3. Subrecipient must comply with Title 24 CFR 85.34.

D. Rights to Data
The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by Title 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)).

E. Obligations Binding on Subcontractors
Subrecipient must require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §414. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq.
§415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient's contracts,

Page 24 ends

including procurement, construction and personal services. This policy applies to all of the Subrecipient's contractors and sub-contractors. §416. Compliance with Fair Chance Employment Practices
Subrecipient shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination:

Conviction History. Subrecipient's violation of this paragraph of the Agreement may constitute a material breach of the Agreement. In the event of such material breach, County of Los Angeles may, in its sole discretion, terminate the Agreement.
§417. Method of Payment and Required Information
The County of Los Angeles may, at its sole discretion, determine the most appropriate, efficient, secure, and timely form of payment provided under this Agreement. Subrecipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method of payment is deemed appropriate by the A-C.

Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at
https://directdeposit.lacounty.gov/. Such electronic banking and related information includes, but is not limited to: bank account number and routing number, legal business name, valid taxpayer identification number or TIN, a working e-mail address capable of receiving remittance advices and other payment related correspondence, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or Direct Deposit shall supersede this requirement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption to this requirement and must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with CEO, shall decide whether to approve exemption requests.

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SECTION V

DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
§502. Termination
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County of Los Angeles, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the Subrecipient specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective.

The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent.
§503. Amendments
Except as otherwise provided in this paragraph, any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease of the grant amount specified in §301.A., above, or any extension of the performance period specified in §201, above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

SECTION VI

ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement.

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§602. Number of Pages and Attachments
This Agreement may be executed utilizing wet, scanned digital, and electronic signatures, each of which is deemed to be an original. This Agreement includes (27) pages and (8) Exhibits which constitute the entire understanding and agreement of the parties.
[Remainder of this page intentionally left blank]

Page 27 ends

IN WITNESS WHEREOF, the Subrecipient and the County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives.

COUNTY OF LOS ANGELES
BY
FESIA A. DAVENPORT Date
Chief Executive Officer
BY ______________________________

EDWARD YEN
Executive Officer, Board of Supervisors
BY ______________________________

OSCAR VALDEZ
Auditor-Controller

APPROVED AS TO FORM
DAWYN R. HARRISON
County Counsel
BY
Deputy County Counsel

CITY OF WEST COVINA
BY ___________________________________________________ _________________ City Representative/Title (Signature) (Print Name) Date

APPROVED AS TO FORM
BY ___________________________________________________ _________________ City Attorney (Signature – If Needed) (Print Name) Date ATTEST
BY ___________________________________________________ _________________ City Clerk (Signature – If Needed) (Print Name) Date

EXHIBITS
Exhibit A Certification and Disclosure Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Drug Free Workplace
Exhibit D Certification of Grant Assurances
Exhibit E Final Grant Award Letter and Project Worksheet Exhibit F 2023 Notice of Funding Opportunity & 2023 Cal OES Supplemental to Federal Notice of Funding Opportunity
Exhibit G Reimbursement Form and Instructions
Exhibit H Monitoring Instrument

CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE

COMPLETING)

1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

AGREEMENT NUMBER

CONTRACTOR/BORROWER/AGENCY

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE

Page 1 of 2 ends

EXHIBIT B

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD. 21
COMPANY/ORGANIZATION NAME:

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or recipient will:

1. 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, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or subgrant:
(a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or subgrant.

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or Recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California.

OFFICAL’S NAME DATE EXECUTED

EXECUTED IN THE COUNTY OF
CONTRACTOR or RECEIPEINT SIGNATURE
TITLE
FEDERAL I.D. NUMBER

STATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill 1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the
(your agency)
accordingly provides this statement of compliance.

In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug-free workplaces and have issued drug-free workplace statements to their employees [Section 8355(a) of the Government Code]. Consequently, in accordance with this directive, this statement is issued to meet this requirement.

The (your agency), an agency within the State of California has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee, co-workers, or the public resulting from accidents, dereliction of duty, poor judgment and carelessness. Substance abuse also results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and interferes with the job performance of employees who do not use illegal or unauthorized substances. [Section 8355(b)(1)]
California law prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees. [Section 8355(a)]
Employees convicted of a violation of criminal drug statute, when the violation occurred at an employee’s worksite, shall report the conviction to the granting and monitoring State agency upon conviction. [Section 8356(a)(1)(2)]
In the event of the unlawful manufacture, distribution, dispensation, possession or illegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program. [Section 8355(b)(4)] The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services. The EAP is available to all agency employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for further information.

It is the intent of the (your agency) to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement. [Section 8355(c)]

Fesia Davenport
City of West Covina Ledger Type Initial Application
FY 2023 State Homeland Security Program (SHSP) Projects Date 12/6/2023 Cal OES ID: 037-00000 Request # 0
Grant #: 2023-0042 POP Start Date 9/1/2023
POP End Date 5/31/2026
IJ Project No. Project Title Project Decription Funding Source Discipline Solution Area Core Capability Capability Building
Deployable /
Shareable
Supports Previous
Awarded Investment? Total Approved Total Expended Remaining Balance Percentage Expended $ 100,540.00
IJ.06 053 LE Mobile Data Computers
Project funds the City of West Covina's purchase of 12 new vehicle-mounted mobile data computers to be mounted to police vehicles, linked to law enforcement databases and regional communications networks. Prices per current vendor quote. This purchase will help fill a
technology/communications deficiency in West Covina's regional interoperable communications, connecting West Covina PD's vehicles to regional LACRIS investigative information, State law enforcement databases, and some other police agencies' computer aided dispatch systems. This activity meets HSGP’s LETPA requirement because Interoperable Communications is on the list of allowable equipment articled in Information Bulletin 485 and the Fiscal Year 2007 Law Enforcement Terrorism Prevention Program Guidance. The MCDs being purchased here has a law enforcement terrorism prevention nexus as it will be used by law enforcement officers for antiterrorism activities such as using information technology to respond to threats to homeland security.” Emergency Communications (SCIP Goal #3) HSGP-SHSP LE Equipment Operational
Communications Build Deployable FY20; IJ#9 $ 50,400 $ - $ 50,400 0% IJ.09 073 FS Regional Task Force Equipment
Project funds the City of West Covina's Regional Task Force Equipment; funding supports Task Force 2 regional operations and surrounding task force teams.

This equipment will enhance first responders' capabilities in responding to threats of terrorism.

HSGP-SHSP FS Equipment Operational
Coordination Build Deployable FY21; IJ#9 $ 38,640 $ - $ 38,640 0% IJ.10 089 FS Mobilization Exercises
Project funds multiple cities' MOBEX, Mobilization Exercises for Regional Task Force Teams within Los Angeles County. These exercises will enhance first responders' coordination and practice readiness responding to threats, hazards, and emergencies.

HSGP-SHSP FS Exercise Operational
Coordination Sustain Deployable No $ 6,500 $ - $ 6,500 0% IJ.10 092 FS UAS
Project funds the City of West Covina's purchase of an Unmanned Aerial Systems. The purchase of UAS systems will be used to assess and detect the city's threats of terrorism.

HSGP-SHSP FS Equipment Screening, Search,
and Detection Build Deployable FY21; IJ#10 $ 5,000 $ - $ 5,000 0% HSGP-SHSP $ - #DIV/0!
HSGP-SHSP $ - #DIV/0!
National Priority Area (NPA) Totals: $ - $ 100,540.00

PROJECT LEDGER

Page 1 of 3 ends

EXHIBIT E
City of West Covina Ledger Type
FY 2023 State Homeland Security Program (SHSP) Projects Date Cal OES ID: 037-00000 Request #
Grant #: 2023-0042 POP Start Date
POP End Date
Project No. Equipment Description
(include Quantity) AEL # AEL Title Discipline Solution AreaSub-Category Deployable /
Shareable
Invoice
Number Vendor ID Tag Number Condition/Disposition
Deployed
Location
Acquisition
Date
Noncompetitive
Procurement
over $250K
Hold Trigger Approval
Date
Total
Approved
Total
Expended
Remaining
Balance
Percentage
Expended
$ 94,040.00
53 12 new vehicle-mounted mobile data
computers to be mounted to police vehicles,
linked to law enforcement databases and
regional communications networks
04HW-01-MOBL Computer, mobile data LE 04 - Information
Technology Deployable No N/A $ 50,400 $ - $ 50,400 0%
73 Hydraulic Power Unit (1); Hydraulic power unit
hoses (4); 90lb breaker (1); 45lb breaker (1);
Corded electric breaker (2); Bit set for
hydraulic breaker (2); Hydraulic Powered
chainsaw (1); Hydraulic Rotary Saw (1);
Personal Protective Equipment- (2 complete
sets)
03SR-02-TPHY;
01UR-01-GARM
Hydraulic Pneumatic; Tools, Power,
Hydraulic Pneumatic; Garmet, Rescue and
Recovery, Protective, technical Rescue
Incidents
FS
03 - CBRNE
Operational and
Search and Rescue
Equipment
Deployable No N/A 38,640$ $ - $ 38,640 0%
92 UAS device (1) 030E-07-SUAS Systems, Small Unmanned Aircraft FS 04 - Information Technology Deployable No Aviation or Watercraft 5,000$ $ - $ 5,000 0% $ - #DIV/0!
$ - #DIV/0!
$ - #DIV/0!
National Priority Area (NPA) Totals $ - $ 94,040.00

EQUIPMENT
0 9/1/2023
5/31/2026
Initial Application
12/6/2023

EXHIBIT E
City of West Covina Ledger Type
FY 2023 State Homeland Security Program (SHSP) Projects Date Cal OES ID: 037-00000 Request #
Grant #: 2023-0042 POP Start Date
POP End Date
Project No. Exercise Title Discipline Solution Area
Sub-Category
Expenditure
Category Exercise Type Identified Host
Date of
Exercise
Date of AAR
entered into
HSEEP
Noncompetitive
Procurement over $250K EHP Hold EHP Approval Date Total Approved Total Expended Remaining Balance Percentage
Expended
$ 6,500.00

89.15 WEST COVINA - MOBEX, Mobilization Exercises for Regional Task Force Teams within Los Angeles County. FS Conduct/Evaluate OT & Backfill Full Scale Attendee LAARTG No Yes $ 6,500 $ - $ 6,500 0 $ - #DIV/0!
$ - #DIV/0!
$ - #DIV/0!
$ - #DIV/0!
$ - #DIV/0!
National Priority Area (NPA) Totals $ - $ 6,500.00

EXERCISE
12/6/2023
Initial Application
5/31/2026
9/1/2023
0 EXHIBIT E
1 FY 2023 HSGP NOFO Back to the Top
The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year 2023 Homeland Security Grant Program
All entities wishing to do business with the federal government must have a unique entity identifier (UEI). The UEI number is issued by the SAM system. Requesting a UEI using SAM.gov can be found at https://sam.gov/content/entity-registration. Grants.gov registration information can be found at https://www.grants.gov/web/grants/register.html. Planned UEI Updates in Grant Application Forms:

On April 4, 2022, the Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in, and assigned by, the System for Award Management (SAM.gov). This new identifier is the Unique Entity Identifier (UEI).

Additional Information can be found on Grants.gov:
https://www.grants.gov/web/grants/forms/planned-uei-updates.html Table of Contents
Planned UEI Updates in Grant Application Forms: ................................................................ 1 A. Program Description ................................................................................................................ 4

1. Issued By .......................................................................................................................... 4

2. Assistance Listings Number ............................................................................................ 4

3. Assistance Listings Title .................................................................................................. 4

4. Funding Opportunity Title ............................................................................................... 4

5. Funding Opportunity Number.......................................................................................... 4

6. Authorizing Authority for Program ................................................................................. 4

7. Appropriation Authority for Program .............................................................................. 4

8. Announcement Type ........................................................................................................ 4

9. Program Category ............................................................................................................ 4

10. Program Overview, Objectives, and Priorities ................................................................ 4

11. Performance Measures ................................................................................................... 11 B. Federal Award Information ................................................................................................... 11

1. Available Funding for the NOFO: $1,120,000,000 .................................................... 11

2. Projected Number of Awards: 56 .............................................................................. 16

3. Period of Performance: 36 months .......................................................................... 16

4. Projected Period of Performance Start Date(s): 09/1/2023 ........................................... 16

5. Projected Period of Performance End Date(s): 8/31/2026 ............................................ 16

6. Funding Instrument Type: Grant ............................................................................... 16 C. Eligibility Information ........................................................................................................... 16

1. Eligible Applicants......................................................................................................... 16

2. Applicant Eligibility Criteria ......................................................................................... 16

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3. Other Eligibility Criteria/Restrictions ............................................................................ 17 a. National Incident Management System (NIMS) Implementation ............................ 17 b. Emergency Management Assistance Compact (EMAC) Membership ..................... 17 c. Law Enforcement Terrorism Prevention Activities (LETPA) .................................. 18

4. Cost Share or Match....................................................................................................... 18 D. Application and Submission Information .............................................................................. 19

1. Key Dates and Times ..................................................................................................... 19 a. Application Start Date: 02/27/2023 ....................................................................... 19 b. Application Submission Deadline: 05/18/2023 at 5 p.m. ET .................................. 19 c. Anticipated Funding Selection Date: No later than 07/21/2023 ............................. 19 d. Anticipated Award Date: No later than 09/30/2023 .............................................. 19 e. Other Key Dates ........................................................................................................ 19

2. Agreeing to Terms and Conditions of the Award .......................................................... 20

3. Address to Request Application Package ...................................................................... 20

4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM) .......................................................................................... 20

5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application ......................................................... 20

6. Electronic Delivery ........................................................................................................ 21

7. How to Register to Apply through Grants.gov .............................................................. 22

8. How to Submit an Initial Application to FEMA via Grants.gov ................................... 22

9. Submitting the Final Application in ND Grants ............................................................ 22

10. Timely Receipt Requirements and Proof of Timely Submission .................................. 23

11. Content and Form of Application Submission ............................................................... 23 a. Standard Required Application Forms and Information ........................................... 23 b. Program-Specific Required Forms and Information ................................................. 24

12. Other Submission Requirements .................................................................................... 32

13. Intergovernmental Review ............................................................................................. 33

14. Funding Restrictions and Allowable Costs .................................................................... 33 a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services ................................................................................................... 33 b. Pre-Award Costs ........................................................................................................ 35 c. Management and Administration (M&A) Costs ....................................................... 35 d. Indirect Facilities & Administrative (F&A) Costs .................................................... 37 e. Funds Transfer Restrictions ....................................................................................... 37 f. Other Direct Costs ..................................................................................................... 37 E. Application Review Information ........................................................................................... 44

1. Application Evaluation Criteria ..................................................................................... 44 a. Programmatic Criteria ............................................................................................... 44 b. Financial Integrity Criteria ........................................................................................ 45 c. Supplemental Financial Integrity Criteria and Review ............................................. 45

2. Review and Selection Process ....................................................................................... 46 F. Federal Award Administration Information .......................................................................... 49

1. Notice of Award ............................................................................................................. 49

2. Pass-Through Requirements .......................................................................................... 49

3. Administrative and National Policy Requirements ........................................................ 51

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a. DHS Standard Terms and Conditions ....................................................................... 51 b. Ensuring the Protection of Civil Rights .................................................................... 52 c. Environmental Planning and Historic Preservation (EHP) Compliance ................... 52 d. National Incident Management System (NIMS) Implementation ............................ 54 e. Emergency Communications Investments ................................................................ 54

4. Reporting........................................................................................................................ 55

5. Monitoring and Oversight .............................................................................................. 55 G. DHS Awarding Agency Contact Information ....................................................................... 56

1. Contact and Resource Information ................................................................................ 56 a. Program Office Contact ............................................................................................. 56 b. Centralized Scheduling and Information Desk (CSID) ............................................. 56 c. Grant Programs Directorate (GPD) Award Administration Division ....................... 56 d. Equal Rights .............................................................................................................. 56 e. Environmental Planning and Historic Preservation .................................................. 56

2. Systems Information ...................................................................................................... 56 a. Grants.gov ................................................................................................................. 56 b. Non-Disaster (ND) Grants ......................................................................................... 57 c. Payment and Reporting System (PARS) ................................................................... 57 H. Additional Information .......................................................................................................... 57

1. Termination Provisions .................................................................................................. 57 a. Noncompliance .......................................................................................................... 57 b. With the Consent of the Recipient ............................................................................ 58 c. Notification by the Recipient .................................................................................... 58

2. Program Evaluation ....................................................................................................... 58

3. Period of Performance Extensions ................................................................................. 58

4. Financial Assistance Programs for Infrastructure .......................................................... 59 a. Build America, Buy America Act ............................................................................. 59 b. Waivers ...................................................................................................................... 59 c. Definitions ................................................................................................................. 60

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A. Program Description
Issued By
U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate (GPD)
Assistance Listings Number

97.067
Assistance Listings Title
Homeland Security Grant Program
Funding Opportunity Title
Fiscal Year 2023 Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP)
Urban Area Security Initiative (UASI)
Operation Stonegarden (OPSG)
Funding Opportunity Number
DHS-23-GPD-067-00-0
Authorizing Authority for Program
Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603)
Appropriation Authority for Program
Consolidated Appropriations Act, 2023 (Pub. L. No. 117-328) Announcement Type
Initial
Program Category
Preparedness: Community Security
Program Overview, Objectives, and Priorities
a. Overview
The Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP) is one of three grant programs that constitute the DHS/FEMA focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, and respond to terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the Nation’s communities against potential terrorist attacks. Among the five basic homeland security missions noted in the DHS Strategic Plan for Fiscal Years 2020-2024, the HSGP supports the goal to Strengthen National Preparedness and Resilience.

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In FY 2023, there are three components of the HSGP:
1) State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial (SLTT) efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. 2) Urban Area Security Initiative (UASI): UASI assists high-threat, high-density Urban Area efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. 3) Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States’ borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. SLTT law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority by participating in OPSG.

The 2022-2026 FEMA Strategic Plan outlines three goals designed to position FEMA to address the increasing range and complexity of disasters, support the diversity of communities we serve, and complement the nation’s growing expectations of the emergency management community. The HSGP supports FEMA’s efforts to achieve equitable outcomes for those we serve (Goal 1) and to promote and sustain a prepared nation (Goal 3).

We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient nation.

Finally, for FY 2023, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other threats to our national security. The threats to our nation have evolved during the past two decades. We now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, and threats from domestic violent extremists who currently pose the greatest terrorism threat to the nation1
. Therefore, for FY 2023, DHS has identified
six priority areas (see Section A.10.c) related to the most serious threats to the nation, as well as required minimum funding allocations.
b. Objective
The objective of the FY 2023 HSGP is to fund SLTT efforts to prevent terrorism and prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States. 1Strategic Intelligence Assessment and Data on Domestic Terrorism, Federal Bureau of Investigation and Department of Homeland Security, May 2021.

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c. Priorities
SHSP and UASI Funding Priorities
Given the evolving national security threat landscape, DHS/FEMA has evaluated the national risk profile and set priorities that help inform appropriate allocation of scarce security dollars.

In assessing the national risk profile for FY 2023, six National Priority Areas pose the most concern. Due to the unique threats that the nation faces in 2023, DHS/FEMA has determined that recipients should allocate a total of 30% of their SHSP and UASI award funds across these six priority areas. As indicated below, five of the priorities have minimum spend requirements totaling 15% of SHSP and UASI awards. Recipients will have the flexibility to allocate the remaining 15% across the priorities. The following are the six priority areas for FY 2023, along with the minimum corresponding percentage of SHSP and UASI funds that each recipient will be required to allocate:
1) Enhancing the protection of soft targets/crowded places – 3% 2) Enhancing information and intelligence sharing and analysis – 3% 3) Combating domestic violent extremism – 3%
4) Enhancing cybersecurity – no minimum percent
5) Enhancing community preparedness and resilience – 3% 6) Enhancing election security – 3%
Additional information about these priority areas and how they relate to achieving antiterrorism capabilities is included in Section D.11.b.III of this NOFO. Failure by a recipient to propose investments and projects that align with the priority areas and spending requirements will result in a recipient having a portion of their SHSP and UASI funds (up to 30%) placed on hold until they provide projects that sufficiently align to the National Priority Areas, and total at least the minimum percentages per National Priority Area (as applicable) and overall 30% of total SHSP and UASI funds.

A state or high-risk urban area must allocate the remaining 70% of their funding to addressing capability gaps (e.g., building/sustaining capability and/or closing capability gaps) identified through their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) process.

Likewise, there are several enduring security needs that crosscut the homeland security enterprise to which recipients should consider allocating funding across core capability gaps and national priorities. The following are enduring needs that help recipients implement a comprehensive approach to securing communities:
1) Effective planning2
;
2) Training and awareness campaigns;
3) Equipment and capital projects; and
4) Exercises. 2
Including assessment of critical infrastructure system vulnerabilities and plans to reduce consequences of disruptions, using the Infrastructure Resilience Planning Framework and Regional Resiliency Assessment Methodology produced by the Cybersecurity and Infrastructure Security Agency.

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The table below provides a breakdown of the FY 2023 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual. DHS/FEMA anticipates that in future years, national priorities will continue to be included and will be updated as the threats evolve and as capability gaps are closed.

Applicants are strongly encouraged to begin planning to sustain existing capabilities through funding mechanisms other than DHS preparedness grants. The example project types in the table below are allowable to prepare for disasters unrelated to acts of terrorism as long as they also help achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.

FY 2023 SHSP and UASI Funding Priorities
All priorities in this table concern Safety and Security Lifelines.

Priority Areas Core Capabilities Example Project Types
National Priorities
Enhancing
Cybersecurity
Cybersecurity
Intelligence and information
sharing
Planning
Public information and warning
Operational coordination
Screening, search, and detection
Access control and identity
verification
Supply chain integrity and
security
Risk management for protection
programs and activities
Long-term vulnerability
reduction
Situational assessment
Infrastructure systems
Operational communications
Cybersecurity risk assessments
Migrating online services to the “.gov” internet domain Projects that address vulnerabilities identified in
cybersecurity risk assessments
o Improving cybersecurity of critical infrastructure to meet minimum levels identified by the Cybersecurity
and Infrastructure Security Agency (CISA), and the
National Institute of Standards and Technology
Cybersecurity Framework
o Adoption of cybersecurity performance goals (CrossSector Cybersecurity Performance Goals | CISA) o Cybersecurity training and planning
Enhancing the
Protection of
Soft Targets/
Crowded Places
Operational coordination
Public information and warning
Intelligence and information
sharing
Interdiction and disruption
Screening, search, and detection
Access control and identity
verification
Physical protective measures
Risk management for protection
programs and activities
Operational overtime. For more information on
operational overtime, see Section D.14.f of this NOFO.

Physical security enhancements
o Security cameras (closed-circuit television [CCTV])
o Security screening equipment for people and baggage
o Lighting
o Access controls
o Fencing, gates, barriers, etc.

Unmanned aircraft system detection technologies
Enhancing
information and
intelligence
Intelligence and information
sharing
Interdiction and disruption
Planning
Public information and warning
Fusion center operations (Fusion Center project will be required under this investment, no longer as a standalone investment) Information sharing with all DHS components; fusion
centers; other operational, investigative, and analytic

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Priority Areas Core Capabilities Example Project Types
sharing and
analysis
Operational coordination
Risk management for protection
programs and activities
entities; and other federal law enforcement and
intelligence entities
Cooperation with DHS officials and other entities
designated by DHS in intelligence, threat recognition,
assessment, analysis, and mitigation
Identification, assessment, and reporting of threats of violence
Joint intelligence analysis training and planning with
DHS officials and other entities designated by DHS
Combating
Domestic
Violent
Extremism
Interdiction and disruption
Intelligence and information
sharing
Planning
Public information and warning
Operational coordination
Risk management for protection
programs and activities
Open-source analysis of disinformation and
misinformation campaigns, targeted violence and threats to life, including tips/leads, and online/social mediabased threats Sharing and leveraging intelligence and information,
including open-source analysis
Execution and management of threat assessment
programs to identify, evaluate, and analyze indicators
and behaviors indicative of domestic violent extremists Training and awareness programs (e.g., through social
media, suspicious activity reporting [SAR] indicators
and behaviors) to help prevent radicalization
Training and awareness programs (e.g., through social
media, SAR indicators and behaviors) to educate the
public on misinformation and disinformation campaigns
and resources to help them identify and report potential instances of domestic violent extremism
Enhancing
Community
Preparedness and
Resilience
Planning
Public Information and
Warning
Community Resilience
Risk Management for
Protection Programs and
Activities
Mass Care Services
Intelligence and Information
Sharing
Risk and Disaster Resilience
Assessment
Long Term Vulnerability
Reduction
Establish, train, and maintain Community Emergency
Response Teams (CERT) and Teen CERT, with a focus
on historically undeserved communities, including
procurement of appropriate tools, equipment and
training aides
o Local delivery of CERT Train-the-Trainer and CERT
Program Manager to build local program training and
maintenance capacity
Provide continuity training, such as FEMA’s
Organizations Preparing for Emergency Needs training,
to faith-based organizations, local businesses, and
community-based organizations such as homeless
shelters, food pantries, nonprofit medical providers and senior care facilities to bolster their resilience to all hazards
Partner with local school districts to deliver the Student Tools for Emergency Planning curriculum or other
educational programming to guide students on how to
create emergency kits and family communications plans
Partner with key stakeholders to assist with completing the Emergency Financial First Aid Kit or a similar tool to bolster the disaster centric financial resilience of individuals and households
Execute You are the Help Until the Help Arrives
workshops in concert with community-based
organizations to bolster individual preparedness
Target youth preparedness using FEMA programing
such as Prepare with Pedro resources and Ready2Help

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Priority Areas Core Capabilities Example Project Types
Promote community planning, coordination, and
integration of children’s needs during emergencies
through workshops like FEMA’s Integrating the Needs
of Children
Community Mapping: identify community resources and
characteristics in order to identify gaps in resources, identify hazards and vulnerabilities, and inform action to promote resilience
Provide training and awareness programs with key
stakeholders (e.g., through social media, community and civic organizations) to educate the public on
misinformation and disinformation campaigns to
increase individual and community resilience.

Support integrated and cross-jurisdictional preparedness planning that considers how the community develops
networks of information-sharing and collaboration
among community-based organizations and government
institutions to enable a quicker recovery from multiple threats, including terrorist actions.

Enhancing
Election Security
Cybersecurity
Intelligence and information
sharing
Planning
Long-term vulnerability
reduction
Situational assessment
Infrastructure systems
Operational coordination
Community resilience
Physical security planning support
Physical/site security measures – e.g., locks, shatter
proof glass, alarms, access controls, etc.

General election security navigator support
Cyber navigator support
Cybersecurity risk assessments, training, and planning
Projects that address vulnerabilities identified in
cybersecurity risk assessments
Iterative backups, encrypted backups, network
segmentation, software to monitor/scan, and endpoint
protection
Distributed Denial of Service protection
Migrating online services to the “.gov” internet domain Online harassment and targeting prevention services
Public awareness/preparedness campaigns discussing
election security and integrity measures.

Enduring Needs
Planning Planning
Risk management for protection
programs and activities
Risk and disaster resilience
assessment
Threats and hazards
identification
Operational coordination
Community resilience
Development of:
o Security Risk Management Plans
o Threat Mitigation Plans
o Continuity of Operations Plans
o Response Plans
Efforts to strengthen governance integration
between/among regional partners
Joint training and planning with DHS officials and other entities designated by DHS
Cybersecurity training and planning
Revision of existing plans to strengthen community
resilience in underserved communities
Training and
Awareness
Long-term vulnerability
reduction
Public information and warning
Operational coordination
Situational assessment
Active shooter training
Intelligence analyst training
SAR and terrorism indicators/behaviors training
Security training for employees
Public awareness/preparedness campaigns

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For FY 2023, each SHSP and UASI recipient is required to submit an Investment Justification (IJ) for the five National Priority Areas with associated minimum spend requirements. Each of these five investments must also account for at least the relevant minimum percentage (totaling 15%) of the applicant’s SHSP and UASI allocation. State Administrative Agencies (SAAs) may submit complete project-level information at the time of application, including the National Priority Area IJs, but are not required to do so. As a reminder, all SHSP- and UASI-funded projects must have a demonstrated nexus to achieving target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism. However, such projects may simultaneously support enhanced preparedness for disasters unrelated to acts of terrorism.

DHS/FEMA also requires SHSP and UASI recipients (states, territories, and high-risk urban areas) to complete a THIRA/SPR and prioritize grant funding to support building capability and/or closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional information on the THIRA/SPR process, including other National Preparedness System tools and resources, can be found at National Preparedness System | FEMA.gov. Detailed information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants Manual. OPSG Funding Priorities Priority Areas Core Capabilities Example Project Types
Community resilience Joint training and planning with DHS officials and other entities designated by DHS
Cybersecurity training and planning
Sharing and leveraging intelligence and information
Targeted outreach and preparedness training for
underserved communities in conjunction with
community-based organizations
Equipment and
Capital Projects
Long-term vulnerability
reduction
Infrastructure systems
Operational communications
Interdiction and disruption
Screening, search and detection
Access control and identity
verification
Physical protective measures
Protection of high-risk, high-consequence areas or
systems that have been identified through risk
assessments
Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment for people and baggage
o Lighting
o Access Controls
Fencing, gates, barriers, etc.

Enhancing Weapons of Mass Destruction and/or
improvised explosive device prevention, detection, and
response capabilities
o Chemical/Biological/Radiological/
Nuclear/Explosive detection, prevention, and
response equipment
Exercises Long-term vulnerability
reduction
Operational coordination
Operational communications
Community resilience
Response exercises, including exercise planning with
community-based organizations

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The table below provides a breakdown of the FY 2023 OPSG funding priority, which remains focused on and unique to border security.

FY 2023 OPSG Funding Priority
Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
Enhancing
information and
intelligence
sharing and
analysis, and
cooperation with
federal agencies,
including DHS
Intelligence and
information sharing
Safety and
Security
Participation in the DHS/ICE 287(g) training
program
Information sharing with all DHS components;
fusion centers; other operational, investigative, and
analytic entities; and other federal law enforcement
and intelligence entities
Cooperation with DHS officials and other entities
designated by DHS in intelligence, threat
recognition, assessment, analysis, and mitigation
Identification, assessment, and reporting of threats of violence
Joint intelligence analysis training and planning with
DHS officials and other entities designated by DHS
For FY 2023, each OPSG applicant is required to clearly articulate and identify how the Concept of Operations addresses the national priority identified above. 11. Performance Measures Performance metrics for this program:

SHSP and UASI:

Percentage of funding allocated by the recipient to core capabilities to build or sustain national priorities identified in the section above
Percentage of funding and projects allocated by the recipient that align to capability gaps identified through the THIRA/SPR process
Percentage of projects identified by the recipient that address a capability gap in a core capability that has a target(s) rated as high
FEMA will calculate and analyze the above metrics through a review of state/territory and urban area SPR submissions and required programmatic reports.

OPSG:

Number of contacts that occurred as a result of OPSG deployments o Number of arrests that resulted from OPSG contacts
o Value of drug seizures that resulted from OPSG contacts B. Federal Award Information

1. Available Funding for the NOFO: $1,120,000,000

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HSGP Programs FY 2023 Allocation
SHSP $415,000,000
UASI $615,000,000
OPSG $90,000,000
Total $1,120,000,000
SHSP Allocations
For FY 2023, DHS/FEMA will award SHSP funds based on DHS/FEMA’s relative risk methodology and statutory minimums pursuant to the Homeland Security Act of 2002, as amended. THIRA/SPR results do not impact grant allocations or awards. Each state and territory will receive a minimum allocation under the SHSP using thresholds established in the Homeland Security Act of 2002, as amended. All 50 States, the District of Columbia, and the Commonwealth of Puerto Rico will receive 0.35% of the total funds allocated for grants under Section 2003 and Section 2004 of the Homeland Security Act of 2002, as amended. Each of the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) will receive a minimum allocation of 0.08% of the total funds allocated for grants under Section 2003 and 2004 of the Homeland Security Act of 2002, as amended.

Each state must include a separate IJ for each of the five National Priority Areas with a minimum spend requirement. All projects related to the minimum spend for the National Priority Area must be included in the IJ. For the National Priority Areas that have a minimum spend percentage requirement, the funding level in each of those National Priority Area investments must equal or exceed the percentage for that respective National Priority Area, calculated as a percentage of the state’s SHSP allocation in the table below. The funding levels across all six National Priority Areas must equal or exceed 30% of the total SHSP allocation.

FY 2023 SHSP ALLOCATIONS
State/Territory FY 2023
Allocation
State/Territory FY 2023
Allocation
Alabama $4,847,500 Montana $4,847,500
Alaska $4,847,500 Nebraska $4,847,500
American Samoa $1,108,000 Nevada $4,847,500
Arizona $4,847,500 New Hampshire $4,847,500
Arkansas $4,847,500 New Jersey $7,074,841
California $57,035,623 New Mexico $4,847,500
Colorado $4,847,500 New York $68,033,267
Connecticut $4,847,500 North Carolina $5,085,387

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State/Territory FY 2023
Allocation
State/Territory FY 2023
Allocation
Delaware $4,847,500 North Dakota $4,847,500
District of Columbia $5,085,387 Northern Mariana Islands $1,108,000 Florida $9,343,905 Ohio $6,190,947
Georgia $5,288,656 Oklahoma $4,847,500
Guam $1,108,000 Oregon $4,847,500
Hawaii $4,847,500 Pennsylvania $8,136,252
Idaho $4,847,500 Puerto Rico $4,847,500
Illinois $13,894,910 Rhode Island $4,847,500
Indiana $4,847,500 South Carolina $4,847,500
Iowa $4,847,500 South Dakota $4,847,500
Kansas $4,847,500 Tennessee $4,847,500
Kentucky $4,847,500 Texas $18,210,451
Louisiana $4,847,500 U.S. Virgin Islands $1,108,000
Maine $4,847,500 Utah $4,847,500
Maryland $7,074,841 Vermont $4,847,500
Massachusetts $6,190,947 Virginia $8,136,252
Michigan $5,085,387 Washington $6,190,947
Minnesota $4,847,500 West Virginia $4,847,500
Mississippi $4,847,500 Wisconsin $4,847,500
Missouri $4,847,500 Wyoming $4,847,500
Total $415,000,000
UASI Allocations
Eligible candidates for the FY 2023 UASI program are identified in the table below.

Eligibility has been determined through an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSA) in the United States, in accordance with the Homeland Security Act of 2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureau at Metropolitan and Micropolitan (census.gov). THIRA/SPR results do not impact grant allocations or awards. The Metropolitan Areas Standardization and Protection (MAPS) Act of 2021 (P.L. 117-219) prohibits automatically updating core-based statistical areas, which are used to delineate MSAs, for grantmaking. The MAPS Act requires that FEMA issue notice-and-comment rulemaking to make any changes. Should changes be necessary in FY 2024, FEMA will issue notice-and-comment rulemaking within the statutorily defined guidelines.

The following table identifies the UASI allocations for each high-risk urban area based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended.

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In its application, each high-risk urban area, through the state, must include a separate IJ for each of the five National Priority Areas with minimum spend requirements. All projects related to the minimum spend for the National Priority Area must be included in the IJ.

For the National Priority Areas that have a minimum spend percentage requirement, the funding level in each of those National Priority Area investments must equal or exceed the percentage for that respective National Priority Area, calculated as a percentage of the urban area’s UASI allocation in the table below. The funding levels across all six National Priority Areas must equal or exceed 30% of the total UASI allocation.

FY 2023 UASI ALLOCATIONS
State/Territory Urban Area FY 2023 UASI Allocation
Arizona Phoenix Area $5,250,000
California
Anaheim/Santa Ana Area $5,250,000
Bay Area $36,493,265
Los Angeles/Long Beach Area $66,174,270
Riverside Area $3,900,000
Sacramento Area $3,800,000
San Diego Area $16,445,560
Colorado Denver Area $3,900,000
District of Columbia National Capital Region $50,360,095 Florida
Jacksonville Area $1,500,000
Miami/Fort Lauderdale Area $14,528,750
Orlando Area $3,800,000
Tampa Area $3,800,000
Georgia Atlanta Area $7,700,000
Hawaii Honolulu Area $1,500,000
Illinois Chicago Area $66,174,270
Indiana Indianapolis Area $1,645,333
Louisiana New Orleans Area $1,645,333
Maryland Baltimore Area $3,800,000
Massachusetts Boston Area $16,646,500
Michigan Detroit Area $5,250,000
Minnesota Twin Cities Area $5,250,000
Missouri Kansas City Area $1,645,333
St. Louis Area $3,800,000
Nevada Las Vegas Area $5,250,000
New Jersey Jersey City/Newark Area $18,631,275
New York New York City Area $173,950,017
North Carolina Charlotte Area $3,800,000
Ohio Cincinnati Area $1,645,333

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State/Territory Urban Area FY 2023 UASI Allocation
Cleveland Area $1,645,333
Oregon Portland Area $3,800,000
Pennsylvania Philadelphia Area $16,646,500
Pittsburgh Area $1,645,333
Tennessee Nashville Area $1,500,000
Texas
Austin Area $1,500,000
Dallas/Fort Worth/Arlington Area $16,646,500
Houston Area $24,231,000
San Antonio Area $3,800,000
Virginia Hampton Roads Area $3,800,000
Washington Seattle Area $6,250,000
Total $615,000,000
OPSG Allocations
For FY 2023, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The FY 2023 OPSG risk assessment is designed to identify the risk to border security and to assist with the distribution of funds for the grant program. Funding under OPSG is distributed based on the risk to the security of the border and the effectiveness of the proposed projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies that are located along the border of the United States. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the state’s application as described in Section D, below. The THIRA/SPR process is not required for OPSG.

For the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed as a function of threats, vulnerabilities, and consequences associated with an incident, event, or occurrence.

Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to focus the bulk of OPSG funds based upon risk analyses. The risk model used to allocate OPSG funds considers the potential risk that certain threats pose to border security and estimates the relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence, situational awareness, criminal trends, and statistical data specific to each of the border sectors, and the potential impacts that these threats pose to the security of the border area. For vulnerability and consequence, DHS/CBP considers the expected impact and consequences of successful border events occurring in specific areas.

Threat and vulnerability are evaluated based on specific operational data from DHS/CBP.

Threat components present in each of the sectors are used to determine the overall threat score. These components are terrorism, criminal aliens, drug trafficking organizations, and alien smuggling organizations.

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Effectiveness of the proposed investments will be evaluated based on the recipient’s investment strategy, budget, collaboration, and past performance.

2. Projected Number of Awards: 56

3. Period of Performance: 36 months
Extensions to the period of performance are allowed. For additional information on period of performance extensions, please refer to Section H of this NOFO and the Preparedness Grants Manual. FEMA awards under most programs, including this program, only include one budget period, so it will be same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.”

4. Projected Period of Performance Start Date(s): 09/1/2023

5. Projected Period of Performance End Date(s): 8/31/2026

6. Funding Instrument Type: Grant
C. Eligibility Information

1. Eligible Applicants
The SAA is the only entity eligible to submit HSGP applications to DHS/FEMA, including those applications submitted on behalf of UASI and OPSG applicants. All 56 states and territories, including any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to apply for SHSP funds. Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes through the SAA.

2. Applicant Eligibility Criteria
Eligible high-risk urban areas for the FY 2023 UASI program have been determined through an analysis of relative risk of terrorism faced by the 100 most populous MSAs in the United States. Subawards will be made by the SAAs to the designated high-risk urban areas.

For 2023, each SAA is strongly encouraged to re-evaluate its process for collecting and evaluating subaward applications. FEMA encourages each SAA to minimize the type and quantity of information that it collects as part of the subaward application process, in order to decrease the overall financial and time burden associated with applying for subawards under this grant program. Each SAA should review its subaward application, and reduce or eliminate the request for any information that is not needed for legal, financial, or oversight purposes.

In FY 2023, OPSG eligible subrecipients are local units of government at the county level or equivalent level of government and federally recognized tribal governments in states

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bordering Canada or Mexico and states and territories with international water borders. All applicants must have active ongoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding.

In FY 2023, OPSG subrecipients eligible to apply for and receive a subaward directly from the SAAs are divided into three Tiers. Tier 1 entities are local units of government at the county level or equivalent and federally recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states and territories with international water borders. Tier 2 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 1 county. Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. The tier structure is only applicable with regard to eligibility. OPSG funding allocations are based on the assessed border security risks as determined by the USBP.

An application submitted by an otherwise eligible non-federal entity (i.e., the applicant) may be deemed ineligible when the person that submitted the application is not: 1) a current employee, personnel, official, staff, or leadership of the non-federal entity; and 2) duly authorized to apply for an award on behalf of the non-federal entity at the time of application.

Further, the Authorized Organization Representative (AOR) must be a duly authorized current employee, personnel, official, staff, or leadership of the recipient and provide an email address unique to the recipient at the time of application and upon any change in assignment during the period of performance. Consultants or contractors of the recipient are not permitted to be the AOR of the recipient.

3. Other Eligibility Criteria/Restrictions
a. National Incident Management System (NIMS) Implementation Prior to allocation of any federal preparedness awards, recipients must ensure and maintain adoption and implementation of NIMS. The list of objectives used for progress and achievement reporting is on FEMA’s website at NIMS Implementation and Training | FEMA.gov. Please see the Preparedness Grants Manual for more information on NIMS. b. Emergency Management Assistance Compact (EMAC) Membership In support of the National Preparedness Goal (the Goal), SHSP recipients must belong to, be in, or act as a temporary member of EMAC, except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. All assets supported in part or entirely with FY 2023 HSGP funding must be readily deployable and NIMS-typed, when possible, to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities, such as Geographic/Geospatial Information Systems,

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interoperable communications systems, capabilities as defined under the Mitigation Mission Area of the Goal, and fusion centers.
c. Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 607), DHS/FEMA is required to ensure that at least 25% of grant funding appropriated for grants awarded under HSGP’s authorizing statute are used for LETPAs. For FY 2023, DHS/FEMA is requiring that at least 35% of grant funding appropriated under HSGP is used for LETPA. DHS/FEMA meets this requirement, in part, by requiring all recipients allocate at least 35% of the combined HSGP funds allocated under SHSP and UASI towards LETPAs, as defined in 6 U.S.C. § 607. The LETPA allocation can be from SHSP, UASI, or both. The 35% LETPA allocation may be met by funding projects in any combination of the six National Priority Areas identified above and any other investments. The 35% LETPA allocation requirement is in addition to the 80% pass-through requirement to local units of government and tribes, referenced below. The Preparedness Grants Manual and Information Bulletin (IB) 473 include additional information on project selection considerations and allowable activities for LETPA investments. Also see Section D.14.f “Allowable Costs Matrix.”
The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or information regarding an imminent threat to the homeland, to thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is prepared to identify, prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligible for use as LETPA-focused funds.

Also, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. All other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator.

To ensure that DHS/FEMA’s policy guidance on the use of LETPA funds reflects the evolving threat environment, is responsive to stakeholder feedback, is clear and easy to understand, and is applied consistently across grant recipients, DHS/FEMA will issue additional guidance through an Information Bulletin for the FY 2023 HSGP. This guidance will provide applicants and recipients further clarification on how to account for LETPA activities. It will also provide clarification on what should be included in the investment justifications, best practices for submitting investment justifications for LETPA claimed activities, as well as information on how to distinguish LETPA activities from others. The Information Bulletin will be issued concurrently or soon after the release of this NOFO.

In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. For more information about operational overtime costs, see Section D.14.f of this NOFO and the Preparedness Grants Manual. 4. Cost Share or Match

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There is no cost share or match requirement for the FY 2023 HSGP.

D. Application and Submission Information

1. Key Dates and Times
a. Application Start Date: 02/27/2023
b. Application Submission Deadline: 05/18/2023 at 5 p.m. ET All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of their submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D of this NOFO.

FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award.

Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” means prior to the application deadline and within 48 hours after the applicant became aware of the issue.

A list of FEMA contacts can be found in Section G of this NOFO, “DHS Awarding Agency Contact Information.” For additional assistance using the ND Grants System, please contact the ND Grants Service Desk at (800) 865-4076 or [email protected]. The ND Grants Service Desk is available Monday through Friday, 9:00 AM – 6:00 PM Eastern Time (ET).

For programmatic or grants management questions, please contact your Preparedness Officer or Grants Management Specialist. If applicants do not know who to contact, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at [email protected], Monday through Friday, 9:00 AM – 5:00 PM ET. c. Anticipated Funding Selection Date: No later than 07/21/2023 d. Anticipated Award Date: No later than 09/30/2023
e. Other Key Dates
Event Suggested Deadline for Completion
Initial registration in SAM.gov
includes UEI issuance
Four weeks before actual submission deadline

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2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package
See the Preparedness Grants Manual for requesting and submitting an application. Initial applications are processed through the Grants.gov portal. Final applications are completed and submitted through FEMA’s Non-Disaster Grants (ND Grants) System.

Application forms and instructions are available at Grants.gov. To access these materials, go to http://www.grants.gov. 4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM)
Each applicant, unless they have a valid exception under 2 CFR 25.110, must:
1) Be registered in SAM.gov before application submission; 2) Provide a valid Unique Entity Identifier (UEI) in its application; and 3) Continue to always maintain an active System for Award Management (SAM) registration with current information during the Federal Award process if selected for award.

5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application
Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines.

Please review the table above for estimated deadlines to complete each of the steps listed.

Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding.

To apply for an award under this program, all applicants must:

Event Suggested Deadline for Completion
Obtaining a valid Employer
Identification Number (EIN) Four weeks before actual submission deadline Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or updating SAM
registration Four weeks before actual submission deadline Registering in Grants.gov Four weeks before actual submission deadline Registering in ND Grants Four weeks before actual submission deadline Starting application in Grants.gov One week before actual submission deadline Submitting application in Grants.gov Three days before actual submission deadline Submitting the final application in
ND Grants By the submission deadline

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a. Apply for, update, or verify their Unique Entity Identifier (UEI) number from SAM.gov and Employer Identification Number (EIN) from the Internal Revenue Service; b. In the application, provide an UEI number;
c. Have an account with login.gov;
d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;
e. Create a Grants.gov account;
f. Add a profile to a Grants.gov account;
g. Establish an Authorized Organizational Representative (AOR) in Grants.gov; h. Register in ND Grants
i. Submit an initial application in Grants.gov;
j. Submit the final application in ND Grants, including electronically signing applicable forms; and
k. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.

Specific instructions on how to apply for, update, or verify an UEI number or SAM registration or establish an AOR are included below in the steps for applying through Grants.gov.

Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting [email protected] and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date.

6. Electronic Delivery

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DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity.

For this funding opportunity, FEMA requires applicants to submit initial applications through Grants.gov and a final application through ND Grants.

7. How to Register to Apply through Grants.gov
For information on how to register to apply through Grants.gov, please see the Preparedness Grants Manual. 8. How to Submit an Initial Application to FEMA via Grants.gov Standard Form 424 (SF-424) is the initial application for this NOFO.

Grants.gov applicants can apply online using a workspace. A workspace is a shared, online environment where members of a grant team may simultaneously access and edit different web forms within an application. For each Notice of Funding Opportunity, you can create individual instances of a workspace. Applicants are encouraged to submit their initial applications in Grants.gov at least seven days before the application deadline.

In Grants.gov, applicants must submit the following forms:

SF-424, Application for Federal Assistance; and
Grants.gov Lobbying Form, Certification Regarding Lobbying.

For further information on how to submit an initial application via Grants.gov, please see the Preparedness Grants Manual. 9. Submitting the Final Application in ND Grants After submitting the initial application in Grants.gov, eligible applicants will be notified by FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement or, at the latest, seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their applications.

Applicants needing assistance registering for the ND Grants system should contact [email protected] or (800) 865-4076. For step-by-step directions on using the ND Grants system and other guides, please see Non-Disaster Grants Management System | FEMA.gov. In ND Grants, applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.10 of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) are auto generated in ND Grants, but applicants may access these forms in advance through the Forms tab under

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the SF-424 family on Grants.gov. Applicants should review these forms before applying to ensure they have all the information required.

For additional application submission requirements, including program-specific requirements, please refer to the subsection titled “Content and Form of Application Submission” under Section D of this NOFO. 10. Timely Receipt Requirements and Proof of Timely Submission As application submission is a two-step process, the applicant with the AOR role who submitted the application in Grants.gov will receive an acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov with the successful transmission of its initial application. This notification does not serve as proof of timely submission, as the application is not complete until it is submitted in ND Grants. Applicants can also view the ND Grants Agency Tracking Number by accessing the Details tab in the submitted workspace section in Grants.gov, under the Agency Tracking Number column. Should the Agency Tracking Number not appear, the application has not yet migrated from Grants.gov into the ND Grants System. Please allow 24 hours for your ND Grants application tracking number to migrate.

All applications must be received in ND Grants by 5:00 PM ET on the application deadline.

Proof of timely submission is automatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system-generated email to confirm receipt.

11. Content and Form of Application Submission
a. Standard Required Application Forms and Information
The following forms or information are required to be submitted in either Grants.gov or ND Grants. The Standard Forms (SF) are submitted either through Grants.gov, through forms generated in ND Grants, or as an attachment in ND Grants. Applicants may also access the SFs at SF-424 Family | Grants.gov. I. GRANTS.GOV
SF-424, Application for Federal Assistance, initial application submitted through Grants.gov
Grants.gov Lobbying Form, Certification Regarding Lobbying, submitted through Grants.gov
II. ND GRANTS
SF-424A, Budget Information (Non-Construction), submitted via the forms generated by ND Grants
o For construction under an award, submit SF-424C, Budget Information (Construction), submitted via the forms generated by ND Grants, in addition to or instead of SF-424A
SF-424B, Standard Assurances (Non-Construction), submitted via the forms generated by ND Grants

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o For construction under an award, submit SF-424D, Standard Assurances (Construction), submitted via the forms generated by ND Grants, in addition to or instead of SF-424B
SF-LLL, Disclosure of Lobbying Activities, submitted via the forms generated by ND Grants
Indirect Cost Agreement or Proposal, submitted as an attachment in ND Grants if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an indirect cost rate agreement or proposal, please see Section D.13 of this NOFO, “Funding Restrictions and Allowable Costs,” for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be available, or contact the relevant FEMA staff identified in Section G of this NOFO, “DHS Awarding Agency Contact Information” for further instructions.

Generally, applicants have to submit either the non-construction forms (i.e., SF-424A and SF-424B) or construction forms (i.e., SF-424C and SF-424D), meaning that applicants that only have construction work and do not have any non-construction work need only submit the construction forms (i.e., SF-424C and SF-424D) and not the non-construction forms (i.e., SF-424A and SF-424B), and vice versa. However, applicants who have both construction and non-construction work under this program need to submit both the construction and nonconstruction forms. b. Program-Specific Required Forms and Information
I. IJ DEVELOPMENT: SHSP AND UASI
As part of the FY 2023 HSGP application process for SHSP and UASI funds, applicants must develop formal IJs that address the proposed investments. Failure to fulfill all of the terms contained in this section will be considered by DHS/FEMA in its evaluation of the effectiveness of the IJs submitted to meet the minimum percent spend requirement for the National Priority Areas. Failure to sufficiently align projects to the National Priority Areas and meet the minimum percent spend requirement will result in funds being placed on hold until those issues are addressed.

FY 2023 SHSP and UASI applications must include one (1) IJ and at least one (1) respective project for each of the five National Priority Areas with a minimum spend requirement (Soft Targets/Crowded Places, Intelligence and Information Sharing, Countering Domestic Violent Extremism, Election Security, and Community Preparedness and Resilience) identified in this NOFO. Each of these IJs must also meet or exceed the minimum percent spend requirement based on the applicant’s SHSP and UASI allocation stated in this NOFO. All projects associated with the minimum spend of a National Priority Area must be submitted in the same IJ. SAAs may submit complete projectlevel information at the time of application but are not required to do so at the time of application. However, any SHSP or UASI application that does not include an IJ for each National Priority Area that meets the minimum spend requirement will have that funding placed on hold (up to the National Priority Area minimum percent and up to 30% of the total SHSP or UASI allocations) until those IJs and project-level details that sufficiently address the National Priority Areas are received and approved by DHS/FEMA.

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Each IJ must demonstrate how proposed investments:

Support terrorism preparedness; and
Support building capability and/or closing capability gaps or sustaining capabilities identified in the community’s THIRA/SPR process.

Each IJ must explain how the proposed investments will support the applicant’s efforts to:

Prevent a threatened or an actual act of terrorism;
Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness;
Protect citizens, residents, visitors, and assets against the greatest threats and hazards, relating to acts of terrorism; and/or
Respond quickly and equitably to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incidents.

If not included in the application, SHSP and UASI recipients must submit complete project-level information for each SHSP and UASI IJ as part of the Biannual Strategy Implementation Report (BSIR) due by January 30, 2024. This includes IJs for the National Priority Areas.

DHS/FEMA will evaluate the effectiveness of the projects submitted in support of the National Priority Areas, either at the time of application or as part of the December 2023 BSIR due January 30, 2024. DHS/FEMA will not reduce FY 2023 HSGP awards based on the effectiveness review but will work with recipients to ensure compliance with the National Priority Area requirements based on the results of the effectiveness review.

Recipients and subrecipients will not be permitted to expend funding under the National Priority Areas until the effectiveness of the proposed projects has been reviewed and confirmed by FEMA.

II. DEVELOPMENT OF INVESTMENTS AND PROJECTS: SHSP AND UASI Applicants must propose at least 5 and may include up to 12 investments.

Within each investment, applicants must propose at least one project to describe the activities they plan to implement with SHSP and UASI funds. There is no limit to the number of projects that may be submitted.

Required National Priority Area IJs must include the name of the priority in the investment name for easy identification.

All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including:
o Project name;
o Project description;
o Subrecipient name, if applicable;
o Recipient type (e.g., state or local);
o Project location (zip code of the primary location of the project);

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o Primary core capability the project supports;
o Whether the project activities are shareable and deployable; and o Which National Priority Area (if any) the project supports.

Projects should describe how the proposed investment supports building capability and/or closing capability gaps or sustaining capabilities identified in the THIRA/SPR process.

FEMA encourages states to use any DHS provided assessments, such as those performed by DHS’s Protective Security Advisors and Cybersecurity Advisors, when developing their IJs.

III. NATIONAL PRIORITY AREA INVESTMENTS: SHSP AND UASI
States are encouraged to review the Strategic Framework for Countering Terrorism and Targeted Violence when developing investments.

Soft Targets/Crowded Places (3%)
Soft targets and crowded places are increasingly appealing to terrorists and other violent extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other violent extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, polling places, and similar facilities.

The malicious use of unmanned aircraft systems poses a threat to the safety and security of the American people, communities, and institutions. Technologies to detect or mitigate unmanned aircraft systems are an allowable use under the HSGP in accordance with the Domestic Counter-Unmanned Aircraft Systems (UAS) National Action Plan. Recipients should ensure that, prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems, they seek the advice of counsel experienced with both federal and state criminal, surveillance, and communications laws which may apply to the use of such technologies.

Given the increased risk to soft targets and crowded places, at least one investment must be in support of the state’s and high-risk urban area’s efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2023 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

States are also encouraged to engage DHS’ Protective Security Advisors’ security assessments of soft targets to ensure that recommendations from those assessments are taken into consideration when allocating grant funding.

Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology.

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Information and Intelligence Sharing (3%)
Effective homeland security operations rely on access to, analysis of, and the timely sharing of open source, unclassified, and classified information, suspicious activity reports, tips/leads, and actionable intelligence on indicators and behaviors to accurately identify, assess, and mitigate a wide array of threats against the United States, including terrorism, threats to life, targeted violence, and other threats within the DHS mission space. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, tribal, and territorial governments and private sector partners. Cooperation and information sharing among state, local, tribal, territorial, and federal partners across all areas of the homeland security enterprise, including counterterrorism, while upholding privacy, civil rights, and civil liberties protections, is critical to homeland security operations and the prevention of, preparation for, protection against, and response to acts of terrorism, and other threats to life and criminal acts of targeted violence. Counterterrorism includes both international and domestic terrorism, cybersecurity, border security, transnational organized crime, immigration enforcement, economic security, and other areas.

Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the state’s and high-risk urban area’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness. Additionally, the proposed investment must meet or exceed the FY 2023 national priority percentage for information sharing and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis. Domestic Violent Extremism (3%) As stated in the Homeland Threat Assessment October 2020, domestic violent extremists, including ideologically motivated lone offenders and small groups, present the most persistent and lethal terrorist threat to the Homeland. These violent extremists capitalize on social and political tensions, which have resulted in an elevated threat environment.

They utilize social media platforms and other technologies to spread violent extremist ideologies that encourage violence and influence action within the United States. The COVID-19 pandemic has further created an environment that may lead to accelerated mobilization to targeted violence and/or radicalization to domestic terrorism, including leveraging lawful protests to incite violence, intimidate targets, and promote their violent extremist ideologies.

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Given the rise of domestic violent extremism in recent years, at least one investment must be in support of the state’s and high-risk urban area’s efforts to combat the rise, influence, and spread of domestic violent extremism. Additionally, the proposed investment must meet or exceed the FY 2023 national priority percentage for domestic violent extremism and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

Additional resources and information regarding domestic violent extremism are available through Center for Prevention Programs and Partnerships | Homeland Security (dhs.gov). Cybersecurity (no minimum percent) Today’s world is more interconnected than ever before, but with increased connectivity comes increased risk of our adversaries, including terrorists, exploiting cyber vulnerabilities and weaknesses to disrupt our way of life. While not required, applicants are encouraged to submit an investment related to their ongoing or near-term high priority cybersecurity projects. The investment will be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments. Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2023 HSGP grant awards will be required to complete the 2023 Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. The 2023 NCSR is estimated to be open from October 2023 through February 2024.

The NCSR is an annual requirement for recipients and subrecipients of HSGP funds and is taken once for each fiscal year award. Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR, please see IB 439. Additional resources and information regarding cybersecurity and cybersecurity performance goals are available through the Cybersecurity and Infrastructure Security Agency, Cross-Sector Cybersecurity Performance Goals | CISA, and the National Institute of Standards and Technology. Community Preparedness and Resilience (3%) Community organizations are the backbones of American civic life, both during “blue skies” and in the aftermath of terrorist attacks. Community organizations, such as

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homeless shelters, food banks, public libraries, faith-based institutions, and nonprofit medical providers must have the capabilities to withstand acts of terrorism and provide essential services, especially to members of underserved communities, in the aftermath of an attack. In addition, individual citizens and volunteer responders, such as Community Emergency Response Teams, are often the first on the scene after a terrorist attack. The ability of these volunteers to provide assistance to their fellow citizens prior to the arrival of professional first responders is paramount to a community’s resilience. FEMA’s 2022 National Household Survey recorded a 4% decline in the number of Americans that have taken at least three preparedness actions to bolster individual and household resilience. In addition, the COVID-19 pandemic has placed a significant burden on community-based organizations such as homeless shelters, food banks, public libraries, faith-based institutions, and nonprofit medical providers to continue to provide key services during and after disasters, including acts of terrorism. This National Priority Area will bolster community preparedness and resilience by investing in local, community-driven capabilities.

Additionally, equity in emergency management requires proactively prioritizing actions that reinforce cultural competency, accessibility, and inclusion, as well as reflect the historical context of specific groups of people. To that end, states, territories, and highrisk urban areas are strongly encouraged to explore how SHSP- and UASI-funded activities can address the needs of underserved, at-risk communities to help ensure consistent and systematic, fair, just, and impartial treatment of all individuals before, during, and after a disaster.

The focus on equity and investing in strategies that meet the needs of underserved communities will strengthen the whole of community system of emergency management.

Substantial and ongoing prioritization of, and investment in, underserved communities is essential for the entire system to be effective and efficient. Engaging the whole community requires all members of the community to be part of the emergency management team, including representatives of underserved communities, diverse community members, social and community service groups and institutions, faith-based and disability advocacy groups, academia, professional associations, the private and nonprofit sectors, and government agencies that may not traditionally have been directly involved in emergency management. The whole community includes children; older adults; individuals with disabilities and others with access and functional needs; those from religious, racial, and ethnically diverse backgrounds; people with limited English proficiency; and owners of animals including household pets and service animals.

These factors underpin the requirement that at least one investment must be in support of the state’s and urban area’s efforts to address community preparedness and resilience.

Additionally, the proposed investment must meet or exceed the FY 2023 national priority percentage for community preparedness and resilience and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

Additional resources and information regarding community preparedness and resilience are available through Individuals and Communities | FEMA.gov.

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Election Security (3%)
In January 2017, DHS designated the infrastructure used to administer the Nation’s elections as critical infrastructure. This designation recognizes that the United States’ election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country. Securing election infrastructure, ensuring its continued operation in the face of threats and harassment, advancing the safety of election officials, and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation. As such, at least one investment must be in support of the state’s and high-risk urban area’s efforts to enhance physical election security and/or cyber election security. Additionally, the proposed investment must meet or exceed the FY 2023 national priority percentage for election security and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

The SAA must include the State’s Chief Election Official for all projects and matters related to the election security National Priority Area. Any activities proposed that could be used to suppress voter registration or turnout will not be approved.

Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency. IV. DEVELOPMENT OF FUSION CENTER PROJECTS: SHSP AND UASI Each applicant must identify a fusion center project that will:

Indicate alignment to a designated Fusion Center; and
Provide both a brief narrative description and funding itemization for the proposed project activities that directly support the designated fusion center.

The descriptive narrative and the financial itemization should align improvement or sustainment requests with fusion center activities as they relate to the Fusion Center Performance Measures found in the Preparedness Grants Manual. Sample Fusion Center Funding Itemization A sample project description and funding itemization are below. For the itemized projects, clearly identify the anticipated fusion center performance improvement or sustainment as a result of the proposed funding.

The X Fusion enhancement project will fund:

Salaries, benefits, and training for X number of Fusion Center intelligence analysts Travel costs associated with fusion center analyst training This project will directly sustain the Center’s current capabilities and performance and directly aligns with performance measures 2023.XXX
We anticipate seeing an improvement in the quality and quantity of analytic production and responses to requests for information as a direct result of the funding of this project

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The funding itemization for a fusion center project should include the amount and percent of each relevant solution area. As an example:

Solution Area and Amount of Proposed
Funding
Percent of Proposed
Funding
Planning: $10,000 2%
Organization: $200,000 48%
Equipment: $200,000 48%
Training: $10,000 2%
Exercises: $0 0%
Total: $420,000 100%
V. COMPLETING IJS IN THE GRANT REPORTING TOOL (GRT): SHSP AND UASI In the Related Documents section of the Grants.gov posting, applicants can find the IJ template and instructions for collecting the required information for investments and projects.

Additionally, applicants should utilize the Project Worksheet located in Grants.gov posting to assemble the information required for each project, which will facilitate the input of that information into the GRT.

Applicants must ensure the appropriate National Priority Area “Investment Type” (Overview Tab – Investment Information Section) is selected for the corresponding National Priority Area.

VI. DEVELOPMENT OF CONCEPT OF OPERATIONS FOR OPSG
As part of the FY 2023 OPSG application process, each eligible local unit of government at the county or federally recognized tribal government level must develop a strategic plan called a Concept of Operations (CONOP)/Application, which is a formal proposal of action to address a specific situation and forms the basis for Operations Orders, in coordination with state and federal law enforcement agencies, to include, but not limited to CBP/USBP.

CONOPs that are developed at the county level should be inclusive of city, county, tribal, and other local law enforcement agencies that are eligible to participate in OPSG operational activities, and the CONOP/Application should describe participating agencies in the Executive Summary.

CONOP/Application details should include the names of the agencies, points of contact, and individual funding requests. All CONOPs/Applications must be developed in collaboration with the local USBP sector office, the SAA, and the local unit of government. Requests for funding in CONOPs/Applications must be based on risks and the operational enforcement support requirements of its corresponding USBP Sector, as well as the national priorities identified below. USBP Sector offices will forward the CONOPs to USBP Headquarters for vetting and coordination. Applicants will forward corresponding OPSG Applications to the SAA for submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the OPSG Applications. FEMA will review and evaluate all CONOPs and OPSG Applications and funding will be allocated based on the review and selection criteria identified in this NOFO.

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OPSG Applicants will be required to clearly articulate and identify how the CONOPs will address the national priority identified below:

Information and Intelligence Sharing and Cooperation
Effective border security operations rely on access to, analysis of, and the timely sharing of open source, unclassified, and classified information, suspicious activity reports, tips/leads, and actionable intelligence on indicators and behaviors to accurately identify, assess, and mitigate a wide array of threats against the United States, including terrorism, threats to life, targeted violence, and other threats within the DHS mission space.

Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. One critical, statutorily required mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including both international and domestic terrorism, cybersecurity, transnational organized crime, economic security, border security, immigration enforcement, and other areas, while upholding privacy, civil rights and civil liberties protections, is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism, and other threats to life and criminal acts of targeted violence.

Given the importance of information sharing and collaboration to effective homeland security solutions, the CONOP must support the recipient’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the OPSG program and a culture of national preparedness.

Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis. VII. DETAILED Budget Applicants must provide budget summary worksheets for all funds requested at the time of application. The budget summary worksheets must be complete, reasonable, and costeffective in relation to the proposed project and should provide the basis of computation of all project-related costs (including management and administrative costs) and any appropriate narrative. FEMA must be able to thoroughly evaluate the projects being submitted based on the information provided. FEMA must be able to determine how much funding is being passed through to subrecipients for each sub-program (UASI, SHSP, OPSG). Consequently, applicants must provide an appropriate level of detail within the budget summary worksheets to clarify what will be purchased and spent. Sample budget summary worksheets are available on the grants.gov posting for the HSGP in the Related Documents tab and may be used as a guide to assist applicants in the preparation of budgets and budget narratives.

12. Other Submission Requirements
Fusion Center Investments

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Of the proposed SHSP- and UASI-funded investments, one single project must be in support of a designated fusion center. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop the fusion center projects below and in the Preparedness Grants Manual. Emergency Communications Investments All emergency communications investments must describe how such activities align with needs identified in their Statewide Communication Interoperability Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governing Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems. Effective project alignment will require advance coordination with the SWIC and consultation with governing bodies such as the SIGB or Statewide Interoperability Executive Committee, as they serve as the primary steering group for the statewide interoperability strategy. Additionally, recipients should consult subject matter experts serving on governance bodies, such as broadband experts, chief information officers, representatives from utilities, or legal and financial experts, when developing proposals. The investment name must include the words “emergency communications” to easily identify any emergency communications investments.

13. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372 (See Executive Orders | National Archives and Intergovernmental Review (SPOC List) (whitehouse.gov)).

14. Funding Restrictions and Allowable Costs
All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in the NOFO, the terms and conditions of the award, or the Preparedness Grants Manual. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award. See 2 C.F.R. § 200.403(h) (referring to budget periods, which for FEMA awards under this program is the same as the period of performance).

Federal funds made available through this award may be used for the purpose set forth in this NOFO, the Preparedness Grants Manual, and the terms and conditions of the award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other federal awards, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the Federal Government or any other government entity. See the Preparedness Grants Manual for more information on funding restrictions and allowable costs. a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services

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Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Guidance is available at Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, FEMA Policy #405-143-1, or superseding document.

Additional guidance is available at Contract Provisions Guide: Navigating Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (fema.gov). Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to:

Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

I. REPLACEMENT EQUIPMENT AND SERVICES
FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the NOFO and the Preparedness Grants Manual. II. DEFINITIONS Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China.

Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and cloud servers when produced, provided, or used by the entities listed in the definition of “covered telecommunications equipment or services.” See 2 C.F.R. § 200.471. b. Pre-Award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA and as included in the award agreement. To request pre-award costs, a written request must be included with the application, signed by the AOR of the entity. The letter must outline what the pre-award costs are for, including a detailed budget break-out of pre-award costs from the post-award costs, and a justification for approval. c. Management and Administration (M&A) Costs M&A costs are allowed. Recipients may use a maximum of up to 5% of HSGP funds awarded for their M&A, and any funds retained are to be used solely for M&A purposes associated with the HSGP award. Subrecipients may also use a maximum of up to 5% of the funding passed through by the state solely for M&A purposes associated with the HSGP award. M&A activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. M&A expenses must be based on actual expenses or known contractual costs. M&A requests that are simple percentages of the award, without supporting justification, will not be allowed or considered for reimbursement.

M&A costs are not operational costs. They are the necessary costs incurred in direct support of the grant or as a result of the grant and should be allocated across the entire lifecycle of the grant. Examples include preparing and submitting required programmatic and financial reports, establishing and/or maintaining equipment inventory, documenting operational and equipment expenditures for financial accounting purposes, responding to official informational requests from state and federal oversight authorities, including completing the Civil Rights Evaluation Tool as required by DHS, and grant performance measurement or evaluation activities. Please see the Preparedness Grants Manual for additional information on direct costs.

Recipients or subrecipients may apply or credit M&A funding toward the recipient’s requirement to allocate funding toward the National Priority Areas. For example, if a recipient spends $5,000 to manage or administer its funding dedicated toward its soft targets/crowded places investment, the recipient may credit that funding toward its requirement to allocate at least 3% of its award to the enhancing the protection of soft targets and crowded places National Priority Area.

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A state’s HSGP funds for M&A calculation purposes includes the total of its SHSP, UASI, and OPSG awards. While the SAA may retain up to 5% of this total for M&A, the state must still ensure that all subrecipient award amounts meet the mandatory minimum pass-through requirements that are applicable to each HSGP program. To meet this requirement, the percentage of SHSP and UASI funds passed through to local or tribal jurisdictions must be based on the state’s total HSGP award prior to withholding any M&A.

In retaining these funds, states may retain a maximum of 2.5% of the OPSG allocation, which must be withheld from the pass-through to each subrecipient county or tribe in an equal percentage. The SAA may also retain additional funding from its SHSP award to manage and administer the OPSG award, but that additional amount is also capped at an amount equal to 2.5% of the OPSG award. Examples applying this principle:

SAA 1:

Total award: $6,000,000
SHSP: $1,000,000 OPSG: $2,500,000 UASI: $2,500,000
M&A Maximum: $300,000 (5% of $6,000,000)
Maximum M&A for SHSP = $50,000
Maximum M&A for OPSG = $125,000. Of that amount, $62,500 (2.5%) may be retained from the OPSG allocation, and the other $62,500 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $50,000 available to manage the SHSP allocation.

Maximum M&A for UASI = $125,000
SAA 2:

Total award: $4,500,000
SHSP: $3,500,000 OPSG: $1,000,000
M&A Maximum: $225,000 (5% of $4,500,000)
Maximum M&A for SHSP = $175,000
Maximum M&A for OPSG = $50,000. Of that amount, $25,000 (2.5%) may be retained from the OPSG allocation, and the other $25,000 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $175,000 available to manage the SHSP allocation.

HSGP recipients are also reminded that any M&A charged to a recipient’s or subrecipient’s UASI funding must be directly allocable to administration of the UASI grant program and cannot be used to cover M&A costs that are directly allocable to SHSP or OPSG funding.

Similarly, any M&A charged to a recipient’s or subrecipient’s SHSP or OPSG funding cannot be used to cover M&A costs directly allocable to UASI funding.

Please note, IB 365: Management and Administration Costs in the Homeland Security Grant Program and DHS/FEMA Policy 207-087-1 do not apply to awards made in FY 2023 under this NOFO. Please also reference IB 416 for additional clarification on OPSG M&A, but to the extent that there is any conflict between IB 416 and this NOFO, the requirements of this NOFO will apply to FY 2023 awards made under this NOFO.

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d. Indirect Facilities & Administrative (F&A) Costs
Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R.

Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the FEMA Grants Management Specialist for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to the FEMA Grants Management Specialist for further instructions. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above or based upon on the de minimis rate or cost allocation plan, as applicable.
e. Funds Transfer Restrictions
The recipient is prohibited from transferring funds between programs (includes SHSP, UASI, and OPSG). Recipients can submit an investment/project where funds come from multiple funding sources (e.g., SHSP and UASI), however, recipients are not allowed to divert funding from one program to another due to the risk-based funding allocations, which were made at the discretion of DHS/FEMA.
f. Other Direct Costs
I. PLANNING
Planning costs are allowed under this program. Please see the Preparedness Grants Manual for more information.

II. ORGANIZATION
Organization costs are allowed under this program. Please see the Preparedness Grants Manual for more information.

III. EQUIPMENT
Equipment costs are allowed under this program. Please see the Preparedness Grants Manual for more information.

General Purpose Equipment
HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism preparedness.

General purpose equipment, like all equipment funded under the HSGP, must be sharable through the EMAC3
and allowable under 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended. Examples of such general-purpose 3Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time.

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equipment may include:
o Law enforcement/general use vehicles (OPSG only);
o Emergency medical services equipment and vehicles;
o Fire service equipment and vehicles, to include hose, pump accessories, and foam concentrate for specialized chemical/biological/radiological/nuclear/explosive (CBRNE) response;
o Interoperability of data systems, such as computer aided dispatch (CAD) and record management systems (RMS); and
o Office equipment for staff4
engaged in homeland security program activity.

Controlled Equipment
For decades, the federal government has provided equipment to state, local, and tribal law enforcement agencies (LEAs) through federal grants. Some federal grant programs have assisted LEAs as they carry out their critical missions to keep the American people safe. The equipment acquired by LEAs through these programs includes administrative equipment, such as office furniture and computers. Some federal grant programs also may include military and military-styled equipment, firearms, and tactical vehicles provided by the federal government, including property covered under 22 C.F.R. Part 121 and 15 C.F.R. Part 774 (collectively, "controlled equipment").

However, not all equipment that is considered controlled equipment is allowable under the HSGP. As noted in Section B of FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, certain equipment is prohibited and is not allowable under HSGP. Grant funds under this program may not be used for the purchase of equipment not approved by DHS/FEMA. For example, the purchase of tracked armored vehicles, camouflage uniforms, weapons, and weapons accessories, including ammunition, is generally not allowed with HSGP funds.5
For some controlled equipment that is allowable under the HSGP, additional documentation, justifications, reviews, and approvals are required, including but not limited to proof of policies and procedures to safeguard individuals’ privacy, civil rights, and civil liberties.

Contact your Preparedness Officer if you have questions concerning HSGP requirements for controlled equipment requests.

Grant funds under this program must comply with the aforementioned FEMA Policy 207- 22-0002, Prohibited or Controlled Equipment Under FEMA Awards. As per this FEMA Policy, excepted or controlled equipment must remain in the possession of the original FEMA grant recipient and may not be transferred. The use of controlled equipment under a 4This applies to all homeland security personnel and is not limited to M&A staff, and costs are to be captured outside the cap on M&A costs. 5
FEMA issued Policy 207-22-0002 in response to Executive Order (EO) 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which President Joseph R. Biden issued on May 25, 2022. EO 14074 directs the DHS to prohibit the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial law enforcement agencies and to comply with and implement the recommendations stemming from EO 13688, which established prohibited equipment and controlled equipment lists.

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Memorandum of Understanding or other regional sharing agreement (see Section D.6 of this FEMA Policy) does not constitute a transfer of controlled equipment.

DHS/FEMA will continue to collaborate with federal agency partners to ensure that there is a consistent and reasonable approach to the restrictions placed on controlled equipment expenditures while continuing to support these investments when there is a justifiable need.

Further, DHS/FEMA will continue to maintain an awareness of the evolving policy developments related to controlled equipment expenditures and keep grant recipients up to date on future developments.

IV. TRAINING
Training costs are allowed under this program. Please see the Preparedness Grants Manual for more information. Recipients are encouraged to consider tuition-free courses offered by FEMA first, before investing in training. For more information and a catalog of courses please refer to the National Preparedness Course Catalog at NTED. V. EXERCISES Exercise costs are allowed under this program. Please see the Preparedness Grants Manual for more information.

VI. PERSONNEL
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, organization, training, exercise, and equipment activities. Under OPSG, overtime costs are allowable only in so far as they meet the intent of the program.

All recipients and subrecipients of HSGP funds, including SHSP, UASI, and OPSG allocations, may not use more than 50% of their awards to pay for personnel activities unless a waiver is approved by FEMA. For more information on the 50% personnel cap, please see FEMA IB 421b, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412) – the PRICE Act. Please see the Preparedness Grants Manual for more information.

VII. OPERATIONAL OVERTIME
Operational overtime costs are allowed under this program. Prior to use of funds for operational overtime, recipients must receive approval from DHS/FEMA. Operational overtime costs are also subject to the 50% personnel cap. For more information on the 50% personnel cap, please see FEMA IB 421b. For more information about operational overtime costs for SHSP, UASI, and OPSG, please see the Preparedness Grants Manual. Operational Overtime Costs for SHSP and UASI As stated in the Preparedness Grants Manual, in support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. SHSP or UASI funds may be used to support select operational expenses associated with increased security measures in the authorized categories in the authorized categories outlined in the Preparedness Grants Manual. FEMA retains the

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discretion to approve other types of requests that do not fit within one of these categories.

Except for an elevated National Terrorism Advisory (NTAS) alert, SHSP or UASI funds may only be spent for operational overtime costs upon prior written approval by FEMA.

Post-event operational overtime requests will only be considered on a case-by-case basis, where it is demonstrated that exigent circumstances prevented submission of a request in advance of the event or activity.

Operational Overtime Costs for OPSG
As stated in the Preparedness Grants Manual, OPSG funds should be used for operational overtime costs associated with law enforcement activities in support of border law enforcement agencies for enhanced border security. Overtime shall be reimbursed consistent with the non-federal entity’s overtime policy and the requirements as stated in the Preparedness Grants Manual. VIII. TRAVEL
Domestic travel costs are allowed under this program, as provided for in this NOFO and in the Preparedness Grants Manual. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.

IX. CONSTRUCTION AND RENOVATION
Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction and renovation costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds. Limits on the total amount of grant funding that may be used for construction or renovation may apply.

Additionally, recipients are required to submit SF-424C and SF-424D. All proposed construction and renovation activities must undergo an Environmental Planning and Historic Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action related to the project. Failure of a grant recipient to meet these requirements may jeopardize Federal funding. Please see the Preparedness Grants Manual for more information.

X. MAINTENANCE AND SUSTAINMENT
Maintenance- and sustainment-related costs, such as maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees, are allowable. Please see the Preparedness Grants Manual for more information.

XI. CRITICAL EMERGENCY SUPPLIES
Critical emergency supplies are allowed under this program. Please see the Preparedness Grants Manual for more information.

XII. SECURE IDENTIFICATION
Secure Identification costs are allowed under this program. Please see the Preparedness Grants Manual for more information.

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Allowable Cost Matrix
The following matrix provides allowable cost activities that fall under each of the cost categories noted above. Recipients and subrecipients must follow all applicable requirements in 2 C.F.R.

Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. HSGP funds may be used to cover the costs for evaluating the impact of these grants on the state or urban area’s core capabilities and capability gaps. This list is not exhaustive, therefore, if there are any questions regarding allowable costs, please contact the appropriate HQ FEMA Preparedness Officer. For additional information on allowable costs, see the Preparedness Grants Manual. Allowable Program Activities SHSP UASI OPSG Allowable Planning Costs
Developing hazard/threat-specific annexes Y Y N
Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA national initiatives Y Y N
Developing related terrorism and other catastrophic event prevention activities Y Y N Developing and enhancing plans and protocols Y Y N
Developing or conducting assessments Y Y N
Hiring of full- or part-time staff or contract/consultants to assist with planning, engagement, and volunteer management activities Y Y N
Materials required to conduct planning, engagement, and volunteer management activities Y Y N
Travel/per diem related to planning, engagement, and volunteer management activities Y Y Y Overtime and backfill costs (in accordance with operational Cost Guidance) Y Y Y Issuance of Western Hemisphere Travel Initiative-compliant Tribal identification cards Y N N Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency. Y Y N Coordination with Citizen Corps Councils for public information/education and development of volunteer programs Y Y N
Coordination and material support to Citizen Corps Councils and local firehouses for the establishment, training and maintenance of CERTs Y Y N Update governance structures and processes and plans for emergency communications Y Y N Development, and review and revision of continuity of operations plans Y Y N Development, and review and revision of the THIRA/SPR and continuity of operations plans Y Y N
Developing or conducting equity assessments to address planning and preparedness disparities for historically underserved communities Y Y N Allowable Organizational Activities
Note: Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant.

Program management Y Y N
Development of whole community partnerships Y Y N
Structures and mechanisms for information sharing between the public and private sector Y Y N
Implementing models, programs, and workforce enhancement initiatives Y Y N

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Allowable Program Activities SHSP UASI OPSG
Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors Y Y N
Operational support Y Y N
Utilization of standardized resource management concepts Y Y N Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Y Y N Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50% of the allocation) Y Y Y Overtime for information, investigative, and intelligence sharing activities (up to 50% of theallocation) Y Y Y
Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities (up to 50% of the allocation).

Y Y Y
Hiring or maintaining staff positions/contractors/consultants at SLTT levels to deliver community preparedness training, resources and material to schools, community-based organizations, faith-based institutions and local businesses.

Y Y N
Hiring or maintaining staff positions/contractors/consultants to create, support and maintain CERT or Teen CERT Y Y N
Cost of migrating online services to the “.gov” domain Y Y N Allowable Equipment Categories
Personal Protective Equipment Y Y Y
Allowable Equipment Categories
Explosive Device Mitigation and Remediation Equipment Y Y N CBRNE Operational Search and Rescue Equipment Y Y N
Information Technology Y Y Y
Cybersecurity Enhancement Equipment Y Y N
Interoperable Communications Equipment Y Y Y
Detection Y Y Y
Decontamination Y Y N
Medical countermeasures Y Y Y
Power (e.g., generators, batteries, power cells) Y Y Y
CBRNE Reference Materials Y Y N
CBRNE Incident Response Vehicles Y Y N
Terrorism Incident Prevention Equipment Y Y Y
Physical Security Enhancement Equipment Y Y Y
Inspection and Screening Systems Y Y Y
Animal Care and Foreign Animal Disease Y Y N
CBRNE Prevention and Response Watercraft Y Y N
CBRNE Prevention and Response Unmanned Aircraft Y Y N
CBRNE Aviation Equipment Y Y N
CBRNE Logistical Support Equipment Y Y N
Intervention Equipment (e.g., tactical entry, crime scene processing) Y Y Y Critical emergency supplies Y Y N
General use vehicle acquisition, lease, and rental N N Y Specialized vehicle acquisition, lease, and rental Y Y Y Other Authorized Equipment Y Y Y
Allowable Training Costs
Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes Y Y N

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Allowable Program Activities SHSP UASI OPSG
Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Y Y N
Training workshops and conferences Y Y Y
Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proficiency Y Y N Full- or part-time staff or contractors/consultants Y Y Y Travel Y Y Y
Supplies Y Y N
Instructor certification/re-certification Y Y N
Coordination with Citizen Corps Councils and CERT in conducting training exercises Y Y N Preparedness training for community preparedness initiatives and programs Y Y N Interoperable communications training Y Y N
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Immigration enforcement training Y Y Y
Allowable Exercise Related Costs
Design, Develop, Conduct, and Evaluate an Exercise Y Y N Full- or part-time staff or contractors/consultants Y Y N Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises Y Y N Implementation of HSEEP Y Y N
Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs Y Y N
Travel Y Y N
Supplies Y Y N
Interoperable communications exercises Y Y N
Allowable Exercise Related Costs
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Allowable M&A Costs
Hiring of full- or part-time staff or contractors/consultants to assist with the management of the respective grant program, application requirements, and compliance with reporting and data collection requirements Y Y Y
Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Y Y Y
Overtime and backfill costs Y Y Y
Travel Y Y Y
Meeting related expenses Y Y Y
Authorized office equipment Y Y Y
Recurring expenses such as those associated with cell phones and faxes during the period of performance of the grant program Y Y N
Leasing or renting of space for newly hired personnel during the period of performance of the grant program Y Y N
Completing the Civil Rights Evaluation Tool Y Y Y
Conducting activities related to evaluating project effectiveness for HSGP-funded projects Y Y Y
LETPA Costs
Integration and interoperability of systems and data, such as CAD and RMS, to facilitate the collection, Y Y N
Maturation, enhancement, and sustainment of designated state and major Urban Area fusion centers, including information sharing and analysis, threat recognition, terrorist interdiction, and intelligence analyst training and salaries (subject to certain conditions) Y Y N

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Allowable Program Activities SHSP UASI OPSG
Regional counterterrorism training programs for small, medium, and large jurisdictions to exchange information and discuss the current threat environment, lessons learned, and best practices to help prevent, protect against, and mitigate acts of terrorism Y Y N
Coordination of regional full-scale training exercises (federal, state, and local law enforcement participation) focused on terrorism-related events Y Y N Law enforcement Chemical, Biological, Radiological, Nuclear, and high yield Explosives detection and response capabilities, such as bomb detection/disposal capability development, sustainment, or enhancement, including canine teams, robotics platforms, and x-ray technology
Y Y N
Coordination between fusion centers and other operational analytic, and investigative efforts Y Y N
Implementation, maintenance, and sustainment of the Nationwide Suspicious Activity Reporting Initiative Y Y N
Implementation of the "If You See Something, Say Something®" campaign Y Y N Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical infrastructure locations
Y Y N
E. Application Review Information

1. Application Evaluation Criteria
a. Programmatic Criteria
I. RISK METHODOLOGY
The risk methodology determines the relative risk of terrorism faced by a given area considering the potential risk of terrorism to people, critical infrastructure, and economic security. The analysis includes, but is not limited to, threats from violent domestic extremists, international terrorist groups, and individuals inspired by terrorists abroad. See the Preparedness Grants Manual for additional information on the risk methodology.

NOTE: The THIRA/SPR process is separate from the risk methodology and its results do not affect grant allocations.

The Risk Methodology is used to inform allocations under HSGP. For more information on the SHSP, UASI, and OPSG allocation processes, please see Section B.1 of this NOFO, “Available Funding for the NOFO.”
II. APPLICATION EVALUATION CRITERIA
FEMA will evaluate the FY 2023 HSGP applications for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed investments.

FEMA’s review will include verification that each IJ and project:

Aligns with at least one core capability identified in the Goal; Demonstrates how investments support building capability and/or closing capability gaps or sustaining capabilities identified in the THIRA/SPR process; and Supports a NIMS-typed resource and whether those assets are deployable/shareable to support emergency or disaster operations per existing EMAC agreements.

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In addition to the above, FEMA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the three-year period of performance. FEMA will use the information provided in the application and after the submission of the first BSIR to determine the feasibility and effectiveness of a grant project. To that end, IJs should include:

An explanation of how the proposed project(s) will achieve objectives as identified in the SPR, including expected long-term impact where applicable, and which core capability gap(s) it helps to close and how;
A summary of the status of planning and design efforts accomplished to date (e.g., included in a capital improvement plan); and
A project schedule with clear milestones.

Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standards, modeling techniques, and best practices, and participate in the development of case studies demonstrating the effective use of grant funds, as requested.

FEMA will also review any submitted National Priority Area-aligned IJs and projects to ensure they meet the minimum spend requirements. Additional information on how the National Priority Area IJs and projects will be reviewed for effectiveness is included in the Review and Selection Process section below.
b. Financial Integrity Criteria
Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred.

FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant:
i. Financial stability;
ii. Quality of management systems and ability to meet management standards; iii. History of performance in managing federal award;
iv. Reports and findings from audits; and/or
v. Ability to effectively implement statutory, regulatory, or other requirements. c. Supplemental Financial Integrity Criteria and Review Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000:
i. FEMA is required to review and consider any information about the applicant, including information on the applicant’s immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity

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and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS).
ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered.
iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206.

2. Review and Selection Process
a. SHSP and UASI
All proposed investments will undergo a federal review by DHS/FEMA to verify compliance with all administrative and eligibility criteria identified in the NOFO. The federal review will be conducted by FEMA HQ Preparedness Officers. FEMA HQ Preparedness Officers will use a checklist to verify compliance with all administrative and eligibility criteria identified in the NOFO. Recipients must be able to demonstrate how investments support building capability and/or closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. IJs will be reviewed at both the investment and project level.

Emergency communications investments will be jointly reviewed by FEMA and CISA’s Emergency Communications Division (ECD) to verify compliance with SAFECOM Guidance on Emergency Communications Grants (SAFECOM Guidance). FEMA and ECD will coordinate directly with the recipient on any compliance concerns and will provide technical assistance as necessary to help ensure full compliance.

Additional Effectiveness Evaluation Criteria for the National Priority Areas FEMA will evaluate the FY 2023 HSGP IJs and projects submitted in support of the National Priority Areas for anticipated effectiveness. FEMA’s review will include verification that each IJ or project meets the National Priority Area required spend percentages.

Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

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Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS Office of Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

For additional information on Fusion Center requirements, please see the Preparedness Grants Manual. Domestic violent extremism investments will be reviewed by DHS/FEMA, DHS Office of Intelligence and Analysis, DHS Center for Prevention Programs and Partnerships, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO.

Community preparedness and resilience investments will be reviewed by DHS/FEMA and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO.

Election security investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO.

FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness.

This includes factors such as the objectives and strategies proposed to address the priority area, how the objectives and strategies overcome legal, political, or practical obstacles to reduce overall risk, the process, and criteria to select additional relevant projects, and the approach to monitor awards to satisfy the funding percentage allocations.

For applicants that elect to submit IJs and project-level details for the National Priority Areas at the time of application, effectiveness will be evaluated prior to award. If the projects are found to not sufficiently align with the National Priority Area(s), applicants may have funds placed on hold (up to 30%) until the projects are revised to satisfactorily address the National Priority Areas.

For applicants that elect to submit IJs and project-level details for the National Priority Areas as part of the December 2023 BSIR, they will have funds placed on hold in the amount of 30%. The hold will be released only after their December 2023 BSIR submission has been reviewed, and projects related to the National Priority Areas deemed in alignment by DHS/FEMA.

SAAs are still required to meet pass-through requirements even if funds are on hold related to the National Priority Areas.

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To that end, IJs should include:

How the proposed investment addresses the National Priority Area; An explanation of how the proposed projects were selected and will achieve objectives and strategies to build or sustain the core capability gaps identified in the SPR, including expected long-term impact where applicable; and A summary of the collaboration efforts to prevent, prepare for, protect against, and respond to acts of terrorism as well as anticipated outcomes of the project.

For FY 2023 SHSP and UASI investments and projects related to the National Priority Areas, effectiveness will be evaluated based on the following four factors:

Investment Strategy (40%): Proposals will be evaluated based on the quality and extent to which applicants describe an effective strategy that demonstrates that proposed projects support the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the state, or the Nation.

Budget (20%): Proposals will be evaluated based on the extent to which applicants describe a budget plan for each investment demonstrating how the applicant will maximize cost effectiveness of grant expenditures.

Impact/Outcomes (40%): Proposals will be evaluated on how the investment helps the jurisdiction close capability gaps identified in its SPR and addresses the relevant National Priority Area outlined in this NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), the associated standardized target(s) that align with their proposed investment, and the ways in which the applicant will measure and/or evaluate improvement.

Past Performance (additional consideration): Proposals will be evaluated based on the applicants demonstrated capability to execute the proposed investments. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources. b. OPSG
Applications will be reviewed by the SAA and USBP Sector Headquarters for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the Operations Orders. For more information on Operations Orders and other requirements of OPSG, see the Preparedness Grants Manual. DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in the NOFO and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis and the federal review by DHS/FEMA to make recommendations for funding to the Secretary of Homeland Security.

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FY 2023 OPSG funds will be allocated among the eligible jurisdictions based on risk-based prioritization using the OPSG Risk Assessment described above. Final funding allocations are determined by the Secretary of Homeland Security, who may consider information and input from various law enforcement offices or subject-matter experts within the Department.

Factors considered include, but are not limited to threat, vulnerability, miles of the border, and other border-specific law enforcement intelligence, as well as the feasibility of FY 2023 Operations Orders to designated localities within border states and territories.

F. Federal Award Administration Information

1. Notice of Award
Before accepting the award, the AOR and recipient should carefully read the award package.

The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO and the Preparedness Grants Manual as well as any specific terms and conditions in the Notice of Award to receive an award under this program.

Recipients must accept their awards no later than 60 days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award or provide a notice of intent to decline through the ND Grants system. For instructions on how to accept or decline an award in the ND Grants system, please see the ND Grants Grant Recipient User Guide, which is available at Non-Disaster Grants Management System | FEMA.gov along with other ND Grants materials.

Funds will remain on hold until the recipient accepts the award through the ND Grants system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within the 60-day timeframe may result in a loss of funds.

See the Preparedness Grants Manual for information on Notice of Award.

2. Pass-Through Requirements
Awards made to the SAA for HSGP carry additional statutorily mandated pass-through requirements. Pass-through is defined as an obligation on the part of the SAA to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. These entities are defined at 6 U.S.C. § 101(13) as:

A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government.

An Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.

A rural community, unincorporated town or village, or other public entity.

Four criteria must be met to pass-through grant funds:

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The SAA must make a firm written commitment to passing through grant funds to subrecipients;
The SAA’s commitment must be unconditional (i.e., no contingencies for the availability of SAA funds);
There must be documentary evidence (i.e., award document, terms, and conditions) of the commitment; and
The award terms must be communicated to the subrecipient.

Timing and Amount
The SAA must pass-through at least 80% of the funds awarded under SHSP and UASI to the above-defined local or tribal units of government within 45 calendar days of receipt of the funds. “Receipt of the funds” occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award, whichever is earlier.

SAAs are sent notification of HSGP awards via the GPD’s ND Grants system. If an SAA accepts its award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45 calendar days pass-through period will start on the date the SAA accepted the award. Should an SAA not accept the HSGP award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45 calendar days pass-through period will begin 15 calendar days after the award notification is sent to the SAA via the ND Grants system.

It is important to note that the period of performance start date does not directly affect the start of the 45 calendar days pass-through period. For example, an SAA may receive notice of the HSGP award on August 25, 2023, while the period of performance dates for that award September 1, 2023, through August 31, 2026. In this example, the 45-day passthrough period will begin on the date the SAA accepts the HSGP award or September 9, 2023 (15 calendar days after the SAA was notified of the award), whichever date occurs first. The period of performance start date of September 1, 2023 would not affect the timing of meeting the 45-calendar day pass-through requirement.

Other SHSP and UASI Pass-Through Requirements
The signatory authority of the SAA must certify in writing to DHS/FEMA that pass-through requirements have been met. A letter of intent (or equivalent) to distribute funds is not considered sufficient. A letter of intent is not a firm commitment and if issued before FEMA makes the award, then a letter of intent is also not unconditional since it is inherently conditioned on receipt of funds.

The pass-through requirement does not apply to SHSP awards made to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, or the Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is required to comply with the pass-through requirement, and its SAA must also obligate at least 80% of the funds to local units of government within 45 calendar days of receipt of the funds.

Under SHSP, the SAA may retain more than 20% of funding for expenditures made by the

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state on behalf of the local unit(s) of government, such as expenditures by the state in order to pass through goods or services to local unit(s) of government in lieu of cash. This may occur only with the written consent, such as a Memorandum of Understanding, between the SAA and the local unit(s) of government. Separate written consent is necessary for each local unit of government in which more than 20% of funding is retained on their behalf by the state. The written consent must specify the amount of funds to be retained and the intended use of funds, including whether any goods or services will be passed through in lieu of cash. It must also be signed by authorized representatives of both the state and the local unit of government.

States shall review their written consent agreements yearly and ensure that they are still valid. If a written consent agreement is already in place from previous fiscal years, DHS/FEMA will continue to recognize it for FY 2023, unless the written consent review indicates the local government is no longer in agreement. If modifications to the existing agreement are necessary, the SAA should contact their assigned FEMA HQ Preparedness Officer.

However, even if a written consent agreement is in place from previous fiscal years, the SAA must still initially carry out the pass-through documentation for its FY 2023 award and comply with the four pass-through criteria described above before the written consent agreement can take effect for purposes of the FY 2023 funding. Additional OPSG Requirements The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county-level or equivalent Operational Order/Fragmentary Operations Order budget has been reviewed and approved through an official electronic mail notice issued by DHS/FEMA removing this special programmatic condition.

3. Administrative and National Policy Requirements
In addition to the requirements of in this section and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200.

In addition to the information regarding DHS Standard Terms and Conditions and Ensuring the Protection of Civil Rights, see the Preparedness Grants Manual for additional information on administrative and national policy requirements, including:

EHP Compliance;
FirstNet;
NIMS Implementation; and
SAFECOM Guidance. a. DHS Standard Terms and Conditions
All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at: DHS Standard Terms and Conditions.

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The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award.
b. Ensuring the Protection of Civil Rights
As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations.

Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA.

The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms and Conditions. Additional information on civil rights provisions is available at External Civil Rights Division | FEMA.gov. Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7.

In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. c. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable.

All non-critical new construction or substantial improvement of structures in a Special Flood Hazard Area must, at a minimum, apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach unless doing so would cause the project to be unable to meet applicable program cost-effectiveness requirements. All other types of projects may choose to apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach. See Executive Order (EO) 14030, Climate-Related Financial Risk and FEMA Policy #-206-21-0003, Partial Implementation of the Federal Flood Risk Management Standard for Hazard Mitigation Assistance Programs (Interim) (fema.gov). All GPD actions, including grant-funded actions, must comply with National Flood Insurance Program criteria or any more restrictive federal, state, or local floodplain

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management standards or building code (44 CFR § 9.11(d)(6)). All GPD-funded non-critical actions in 1% annual chance floodplains (also known as 100-year floodplains) that involve new construction or substantial improvement of structures must be elevated, at a minimum, to the lower of:

Two feet above the 1% annual chance flood elevation (also known as the base flood elevation), in accordance with the Federal Flood Risk Management Standard (FFRMS) “Freeboard Value Approach” (FVA); or
The 0.2% annual chance flood elevation. Where 0.2% annual chance flood elevations are not available, such actions must be elevated to at least two feet above the 1% annual chance flood elevation.

All GPD-funded critical actions in 0.2% annual chance floodplains (also known as 500-year floodplains) that involve new construction or substantial improvement of structures must be elevated, at a minimum, to the higher of:

Three feet above the 1% annual chance flood elevation; or The 0.2% annual chance flood elevation. Where 0.2% annual chance flood elevations are not available, such actions must be elevated to at least three feet above the 1% annual chance flood elevation.

See EO 11988, Floodplain Management, as amended by EO 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input. Recipients and subrecipients proposing projects that have the potential to impact the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA in order to determine whether the proposed project has the potential to impact environmental resources or historic properties.

In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not incompliance with applicable EHP laws, Executive Orders, regulations, and policies.

DHS and FEMA EHP policy is found in directives and instructions available on the FEMA.gov EHP page, the FEMA website page that includes documents regarding EHP responsibilities and program requirements, including implementation of the National Environmental Policy Act and other EHP regulations and Executive Orders.

The GPD EHP screening form is located at FEMA Form. Additionally, all recipients under this funding opportunity are required to comply with the FEMA GPD EHP Policy Guidance, FEMA Policy #108-023-1.

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d. National Incident Management System (NIMS) Implementation In expending funds under this program, recipients that are state, local, tribal, or territorial governments must ensure and maintain adoption and implementation of NIMS. The state, local, tribal, or territorial government must show adoption of NIMS during any point of the period of performance. The list of objectives used for progress and achievement reporting is at https://www.fema.gov/emergency-managers/nims/implementation-training.

Emergency management and incident response activities require carefully managed resources (personnel, teams, facilities, equipment, and/or supplies) to meet incident needs. Using standardized resource management concepts such as typing, credentialing, and inventorying, promote a strong national mutual aid capability needed to support delivery of core capabilities. Additional information on resource management, NIMS resource typing definitions, job titles, and position qualifications is on FEMA’s website at NIMS Components - Guidance and Tools | FEMA.gov. FEMA developed the National Incident Management System Guideline for the National Qualification System to describe national credentialing standards and to provide written guidance regarding the use of those standards. This guideline describes credentialing and typing processes and identifies tools which Federal Emergency Response Officials and emergency managers at all levels of government may use both routinely and to facilitate multijurisdictional coordinated responses.

Although state, local, tribal, and private sector partners (including nongovernmental organizations) are not required to credential their personnel in accordance with these guidelines, FEMA strongly encourages them to do so to leverage the federal investment in the Federal Information Processing Standards 201 infrastructure and to facilitate interoperability for personnel deployed outside their home jurisdiction.

Additional information about NIMS in general is available at National Incident Management System | FEMA.gov. e. Emergency Communications Investments If an entity uses HSGP funding to support emergency communications investments, the following requirements shall apply to all such grant-funded communications investments in support of the emergency communications priorities and recognized best practices:

The signatory authority for the SAA must certify in writing to DHS/FEMA their compliance with the SAFECOM Guidance. The certification letter should be coordinated with the SWIC for each state and must be uploaded to ND Grants at the time of the first Program Performance Report submission.

All states and territories must designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through federal grants. Note that the designated full-time SWIC may also be the state’s or territory’s cybersecurity point of contact. SWIC status

EXHIBIT F
55 FY 2023 HSGP NOFO Back to the Top
information will be maintained by CISA and will be verified by FEMA GPD through programmatic monitoring activities.

By the period of performance end date, all states and territories must update the SCIP, with a focus on communications resilience/continuity, to include assessment and mitigation of all potential risks identified in the SCIP: natural disasters, accidental damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc. Following the initial update, the SCIP should be updated on an annual basis.

SCIP status information will be maintained by CISA and will be verified by FEMA GPD through programmatic monitoring activities.

All states and territories must test their emergency communications capabilities and procedures (as outlined in their operational communications plans) in conjunction with regularly planned exercises (separate/addition emergency communications exercises are not required). Exercises should be used to both demonstrate and validate skills learned in training and to identify gaps in capabilities. Resilience and continuity of communications should be tested during training and exercises to the greatest extent possible. Further, exercises should include participants from multiple jurisdictions, disciplines, and levels of government and include emergency management, emergency medical services, law enforcement, interoperability coordinators, public health officials, hospital officials, officials from colleges and universities, and other disciplines and private sector entities, as appropriate. Findings from exercises should be used to update programs to address gaps in emergency communications as well as emerging technologies, policies, and partners.

Recipients are encouraged to increase awareness and availability of emergency communications exercise opportunities across all levels of government.

States, territories, and other eligible grant recipients are advised that HSGP funding may be used to support communications planning (including the cost of hiring a SWIC, participation in governance bodies and requirements delineated above), training, exercises, and equipment costs. Costs for transitioning to the FirstNet network may also be eligible.

More information regarding FirstNet can be found in the Preparedness Grants Manual. 4. Reporting Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent.

See the Preparedness Grants Manual for information on reporting requirements.

5. Monitoring and Oversight
Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance. During site visits or desk reviews, FEMA will review recipients’ files related to the award. As part of any monitoring and program evaluation activities, recipients must permit FEMA, upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program.

EXHIBIT F
56 FY 2023 HSGP NOFO Back to the Top
Recipients must respond in a timely and accurate manner to FEMA requests for information relating to the award. Failure to respond in this manner may result in funding holds on current and future awards until the requested information is provided.

See the Preparedness Grants Manual for information on monitoring and oversight.

G. DHS Awarding Agency Contact Information

1. Contact and Resource Information
a. Program Office Contact
FEMA has assigned state-specific Preparedness Officers for the HSGP. If you do not know your Preparedness Officer, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by email at [email protected], Monday through Friday, 9:00 AM – 5:00 PM ET.
b. Centralized Scheduling and Information Desk (CSID)
CSID is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. CSID provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the federal, state, and local levels. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns.

CSID can be reached by phone at (800) 368-6498 or by e-mail at [email protected], Monday through Friday, 9:00 AM – 5:00 PM ET. c. Grant Programs Directorate (GPD) Award Administration Division GPD’s Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the AAD’s Help Desk via e-mail at [email protected]. d. Equal Rights The FEMA Office of Equal Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to [email protected]. e. Environmental Planning and Historic Preservation GPD’s EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to [email protected]. 2. Systems Information a. Grants.gov
For technical assistance with Grants.gov, call the customer support hotline 24 hours per day, 7 days per week (except federal holidays) at (800) 518-4726 or e-mail at [email protected].

EXHIBIT F
57 FY 2023 HSGP NOFO Back to the Top
b. Non-Disaster (ND) Grants
For technical assistance with the ND Grants system, please contact the ND Grants Helpdesk at [email protected] or (800) 865-4076, Monday through Friday, 9:00 AM – 6:00 PM ET. User resources are available at Non-Disaster Grants Management System | FEMA.gov. c. Payment and Reporting System (PARS) FEMA uses the Payment and Reporting System (PARS) for financial reporting, invoicing, and tracking payments. FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. To enroll in the DD/EFT, recipients must complete a Standard Form 1199A, Direct Deposit Form. If you have questions about the online system, please call the Customer Service Center at (866) 927-5646 or email ask[email protected]. H. Additional Information GPD has developed the Preparedness Grants Manual to guide applicants and recipients of grant funding on how to manage their grants and other resources. Recipients seeking guidance on policies and procedures for managing preparedness grants should reference the Preparedness Grants Manual for further information. Examples of information contained in the Preparedness Grants Manual include:

Actions to Address Noncompliance
Audits
Case Studies and Use of Grant-Funded Resources During Real-World Incident Operations
Community Lifelines
Conflicts of Interest in the Administration of Federal Awards and Subawards Disability Integration
National Incident Management System
Payment Information
Period of Performance Extensions
Procurement Integrity
Record Retention
Whole Community Preparedness
Other Post-Award Requirements

1. Termination Provisions
FEMA may terminate a federal award in whole or in part for one of the following reasons.

FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards. a. Noncompliance
If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a

EXHIBIT F
58 FY 2023 HSGP NOFO Back to the Top
Compliance Notification. If the noncompliance cannot be corrected or the recipient is nonresponsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient’s material failure to comply with the award terms and conditions. See also the section on Actions to Address Noncompliance in this NOFO or in the Preparedness Grants Manual. b. With the Consent of the Recipient FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. c. Notification by the Recipient
The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award.

2. Program Evaluation
Recipients and subrecipients are encouraged to incorporate program evaluation activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges federal awarding agencies and federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.” Evidence Act § 101 (codified at 5 U.S.C. § 311). Evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation.

In addition, recipients are required to participate in a DHS-led evaluation if selected, which may be carried out by a third-party on behalf of the Program Office or DHS. By accepting grant funds, recipients agree to participate in the evaluation, which may include analysis of individuals who benefit from the grant, and provide access to program operating personnel and participants, as specified by the evaluator(s) during the award.

3. Period of Performance Extensions
Extensions to the period of performance for this program are allowed. Extensions to the POP identified in the award will only be considered through formal, written requests to the recipient’s FEMA Preparedness Officer and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with

EXHIBIT F
59 FY 2023 HSGP NOFO Back to the Top
the FEMA Preparedness Officer as needed when preparing an extension request. Please see the Preparedness Grants Manual for more information.

4. Financial Assistance Programs for Infrastructure
a. Build America, Buy America Act
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. See also OMB Memorandum M-22- 11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. None of the funds provided under this program may be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced in the United States.

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

To see whether a particular FEMA federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov and Build America, Buy America Act Frequently Asked Questions (FAQs) | FEMA.gov. Additional information is found in Buy America Preference in FEMA Financial Assistance Programs for Infrastructure, FEMA Interim Policy #207-22-0001. b. Waivers When necessary, recipients (and subrecipients through their pass-through entity) may apply for, and FEMA may grant, a waiver from these requirements.

A waiver of the domestic content procurement preference may be granted by the agency awarding official if FEMA determines that:

Applying the domestic content procurement preference would be inconsistent with the public interest.

The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality.

The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25%.

EXHIBIT F
60 FY 2023 HSGP NOFO Back to the Top
For FEMA awards, the process for requesting a waiver from the Buy America preference requirements can be found on FEMA’s website at: "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. c. Definitions Construction materials: an article, material, or supply — other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives — that is or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, paint, and drywall.

Domestic content procurement preference: Means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.

Federal financial assistance: Generally defined in 2 C.F.R. § 200.1 and includes all expenditures by a federal agency to a non-federal entity for an infrastructure project, except that it does not include expenditures for assistance authorities relating to major disasters or emergencies under sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act relating to a major disaster or emergency declared under section 401 or 501, respectively, or pre and post disaster or emergency response expenditures.

Infrastructure: Infrastructure projects which serve a public function, including at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy.

Produced in the United States means the following for:

Iron and steel: All manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Manufactured products: The product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

Construction Materials: All manufacturing processes for the construction material occurred in the United States.

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61 FY 2023 HSGP NOFO Back to the Top
Project: is any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States.

EXHIBIT F
Fiscal Year 2023
Homeland Security Grant Program
California Supplement to the
Federal Notice of Funding Opportunity
October 2023

EXHIBIT F
SECTION 1—OVERVIEW………………………………………………………………………… 1
Federal Program Announcement
Information Bulletins
Grant Management Memoranda
Purpose of the California Supplement
Eligible Subrecipients
Tribal Allocations
Subrecipient Allocations
Supplanting
Public/Private Organizations
Debarred/Suspended Parties
Key Changes to the FY 2023 Homeland Security Grant Program SECTION 2—FEDERAL CHANGES AND INITIATIVES ....................................................... 4 FY 2023 National Priorities
National Campaigns and Programs
National Cybersecurity Review
NIMS Implementation
Law Enforcement Terrorism Prevention Activities
Management and Administration
Indirect Costs
Organization Costs – Overtime
Personnel Cap
Equipment Typing/Identification and Use
Equipment Maintenance/Sustainment
Emergency Communications Projects
Telecommunications Equipment and Services Prohibitions
Small Unmanned Aircraft Systems
Emergency Operations Plans
Conflict of Interest
Build America Buy America Act (BABAA)
SECTION 3—STATE CHANGES AND INITIATIVES .......................................................... 14 FY 2023 Investments
California Homeland Security Strategy Goals
State Initiative Funding
“On Behalf Of”
Public Alert and Warning
SECTION 4—REQUIRED STATE APPLICATION COMPONENTS ...................................... 16 Financial Management Forms Workbook
Subrecipient Grants Management Assessment
Application Attachments
Standard Assurances
Operational Areas and Urban Areas
Table of Contents | 2023

EXHIBIT F
Operational Areas Only
Urban Areas Only
Fusion Centers Only
State Agencies and Tribes Only
SECTION 5—THE STATE APPLICATION PROCESS .............................................................. 21 Application Submission
Late or Incomplete Application
HSGP Contact Information
Subaward Approval
SECTION 6—POST AWARD REQUIREMENTS .................................................................... 23 Payment Request Process
Advances and Interest Earned on Advances
Semi-Annual Drawdown Requirements
Modifications
Training
Exercises, Improvement Plans, and After-Action Reporting Procurement Standards and Written Procedures
Procurement Thresholds
Procurement Documentation
Noncompetitive Procurement
Performance Bond
Environmental Planning and Historic Preservation
Construction and Renovation
Inventory Control and Property Management
Equipment Disposition
Performance Reporting
Extension Requests
Progress Reports on Grant Extensions
Monitoring
Failure to Submit Required Reports
Suspension/Termination
Closeout
Records Retention

ATTACHMENTS
A – FY 2023 HSGP Allocations
B – FY 2023 HSGP Timeline
C – FY 2023 HSGP Program Checklist

EXHIBIT F
Section 1 ‒ Overview | 2023
Federal Program
Announcement
Information
Bulletins
Grant
Management
Memoranda
Purpose of the
California
Supplement
Eligible
Subrecipients
Tribal
Allocations
In February 2023, the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)
issued the Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP), Notice of Funding Opportunity (NOFO)
and the FEMA Preparedness Grants Manual.

Subrecipients must follow the programmatic requirements in the NOFO, FEMA Preparedness Grants Manual, and the
applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2, Code of Federal
Regulations (C.F.R.), Part 200.

DHS issues Information Bulletins (IBs) to provide updates, clarification, and new requirements throughout the life of the grant.

Cal OES issues Grant Management Memoranda (GMMs)
which provide additional information and requirements
regarding HSGP funds.

The FY 2023 HSGP California Supplement to the NOFO
(State Supplement) is intended to complement, rather than replace, the NOFO and the FEMA Preparedness Grants
Manual. Applicants are highly encouraged to thoroughly
read the NOFO and the Preparedness Grants Manual
before referring to the State Supplement. The State
Supplement will emphasize differences between the FY
2022 and FY 2023 HSGP and highlight additional California policies and requirements applicable to FY 2023 HSGP.

Eligible Applicants, referred to as Subrecipients, include Counties/Operational Areas (OAs), Urban Areas (UAs),
State Agencies (SAs), Departments, Commissions, and
Boards who have or can obtain appropriate state
Department of Finance budget authority for awarded
funds, and federally recognized tribes located in California.

The NOFO strongly encourages Cal OES to provide HSGP
funds directly to tribes in California. To implement this requirement, a special Request for Proposal will be issued to California’s federally recognized tribes. All Subrecipients are encouraged to coordinate with tribal governments to
ensure that tribal needs are considered in their grant
applications.

EXHIBIT F
Subrecipient
Allocations
FY 2023 HSGP Subrecipient final allocations are provided in Attachment A and reflect reductions to Subrecipients who did not submit minimum thresholds for National Priority Areas, including Subrecipients opting out of the award
altogether, and increases to Subrecipients that are helping meet statewide minimum level National Priority Area
requirements.

Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Subrecipients may be required to
provide supporting documentation that certifies a
reduction in non-federal resources that occurred for
reasons other than the receipt or expected receipt of
federal funds. Supplanting will result in the disallowance of the activity associated with this improper use of federal grant funds.

Public/Private
Organizations
Subrecipients may contract with other public or private organizations to perform eligible activities on approved HSGP projects.

Debarred/
Suspended
Parties
Subrecipients must not make or permit any award
(subaward or contract) at any tier, to any party, that is debarred, suspended, or otherwise excluded from, or
ineligible for, participation in federal assistance programs.

Subrecipients must obtain documentation of eligibility
before making any subaward or contract using HSGP funds and must be prepared to present supporting
documentation to monitors/auditors.

Before entering into a Grant Subaward, the Subrecipient must notify Cal OES if it knows if any of the principals under the subaward fall under one or more of the four criteria listed at 2 C.F.R. § 180.335. The rule also applies to
Subrecipients who pass through funding to other local
entities.

EXHIBIT F
Debarred/
Suspended
Parties
Cont.

If at any time after accepting a subaward, Subrecipients learn that any of its principals fall under one or more of the criteria listed at 2 C.F.R. § 180.335, immediate written notice must be provided to Cal OES and all grant activities halted until further instructions are received from Cal OES. The rule also applies to subawards passed through by Subrecipients to local entities.

Key Changes to
the FY 2023
HSGP
National Priority Areas: There are six National Priority Areas (NPAs) for FY 2023. SHSP and UASI applicants must include one Investment Justification (IJ) for each NPA that has a minimum spend requirement, where applicable. For the
NPAs with no minimum spend requirement, the Department
of Homeland Security strongly encourages recipients to
make investments in those areas as they are of critical national concern. For those NPAs that have an associated minimum spend, all projects related to meeting the
minimum spend for those NPAs must be included in the
same IJ.

The six NPAs, along with the relevant minimum spend
requirement, are:
• Enhancing information and intelligence sharing and
cooperation with federal agencies, including the
Department of Homeland Security – 3% minimum;
• Enhancing the protection of soft targets/crowded
places – 3% minimum;
• Enhancing cybersecurity – no minimum requirement;
• Enhancing community preparedness and resilience –
3% minimum;
• Combating domestic violent extremism – 3% minimum;
• Enhancing election security – NEW: 3% minimum.

EXHIBIT F
Key Changes to
the FY 2023
HSGP
Cont.

Law Enforcement Terrorism Prevention Activities: Increased from 30% to 35% of the subaward.

Build America, Buy America Act (BABAA):

FY 2023 HSGP is subject to BABAA requirements. The BABAA requires all federal agencies, including FEMA, to ensure that no federal financial assistance for “infrastructure” projects is provided unless all of the iron, steel, manufactured
products, and construction materials used in the project are produced in the United States. The BABAA requirements only apply to awards or funds obligated on or after
January 2, 2023, and do not apply to awards or funds
obligated during the waiver period from July 1, 2022,
through January 1, 2023.

EXHIBIT F
Section 2 ‒ Federal Changes and Initiatives | 2023
FY 2023 National
Priorities
DHS/FEMA annually publishes the National Preparedness
Report (NPR) to report national progress in building,
sustaining, and delivering the core capabilities outlined in the goal of a secure and resilient nation. This analysis provides a national perspective on critical preparedness trends for whole community partners to use to inform
program priorities, allocate resources, and communicate with stakeholders about issues of concern.

HSGP Subrecipients are required to prioritize grant funding to demonstrate how investments support closing capability gaps or sustaining capabilities identified in the Threat Hazard Identification and Risk Assessment
(THIRA)/Stakeholder Preparedness Review (SPR) process.

DHS/FEMA continually assesses changes to the threat
landscape to further the National Preparedness Goal
(NPG) of a secure and resilient nation. The following are national priority areas for FY 2023, including the
corresponding percentage of funds required in each area:
• Enhancing information and intelligence sharing and
cooperation with federal agencies, including DHS – 3%;
• Enhancing the protection of soft targets/crowded
places - 3%;
• Enhancing cybersecurity – no minimum;
• Enhancing community preparedness and resilience –
3%
• Combating domestic violent extremism through
enhanced intelligence collection & analysis, training,
and community resilience – 3%; and
• Enhancing election security – 3% minimum.

The NPA specifically addressing emerging threats has been removed, but activities in this category remain allowable expenses under other investment areas. Further, applicants must spend a minimum of 30% of their SHSP and UASI
awards across the six NPAs but have new flexibility on how that funding is allocated. Although 15% is required in
minimum spending across five NPAs, as noted above, the
remaining 15% can be allocated across any of the six
NPAs. Enhancing Cybersecurity NP does not require a
minimum allocation.

EXHIBIT F
FY 2023 National
Priorities
Cont.

National Priority projects will be reviewed for effectiveness by DHS/FEMA and must be deemed effective prior to the
obligation or expenditure of funds.

Projects requiring additional information for DHS/FEMA to determine effectiveness of the project, or projects
deemed ineffective, will have a hold placed on their
subaward pending submission of requested information
and DHS/FEMA approval. Once a project is approved by
DHS/FEMA, modifications to the project have special
restrictions regarding modifications as indicated below:

Modifications which do not change the project scope and do not decrease the overall project budget can be
processed via regular modification request.

Modifications which change the project scope or
decrease the overall project budget will require DHS/FEMA approval and must be requested on the National Priority Project Modification Form.

Effectiveness will be evaluated by DHS/FEMA,
Cybersecurity and Infrastructure Security Agency,
DHS Office of Intelligence and Analysis, DHS Center for Prevention Programs and Partnerships, and/or other
DHS components, as appropriate. FEMA will determine
whether the proposed approach is clear, logical, and
reasonable to address the priority areas of interest and contribute to a culture of national preparedness, based on the following four factors:
• Investment Strategy (40%): Projects will be evaluated based on the quality and extent to which the strategy
effectively demonstrates supporting the program
objective of preventing, preparing for, protecting
against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the state, or the nation.
• Budget (20%): Projects will be evaluated based on the extent to which a budget plan for each investment
demonstrates how grant expenditures maximize cost
effectiveness.

EXHIBIT F
FY 2023 National
Priorities Cont.
• Impact/Outcomes (40%): Projects will be evaluated on
how this investment helps the jurisdiction close
capability gaps identified in its Stakeholder
Preparedness Review and addresses NPs outlined in the
FY 2023 NOFO. Further, projects will be evaluated on
their identification and estimated improvement of core
capability(ies), the associated standardized target(s)
that align with their proposed investment, and the ways in which improvements are measured and/or
evaluated.
• Past Performance (additional consideration): Projects will be evaluated based on the Subrecipient’s
demonstrated capability to execute the proposed
investments. Under this factor, FEMA will consider the
information provided by the Subrecipient and may also
consider relevant information from other sources.

A detailed description of allowable investments for each NP is included in the FY 2023 HSGP NOFO (Section A).

National
Campaigns and
Programs
Whole Community Preparedness – Subrecipients should
engage with the whole community to advance individual
and community preparedness and to work as a nation to
build and sustain resilience. In doing so, Subrecipients are encouraged to consider the needs of individuals with
access and functional needs and limited English
proficiency in the activities and projects funded by the grant.

Subrecipients should utilize established best practices for whole community inclusion and engage with stakeholders
to advance individual and jurisdictional preparedness and resilience. Subrecipients are encouraged to consider the necessities of all Californians in the activities and projects funded by the grant, including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved
populations.

EXHIBIT F
National
Campaigns and
Programs Cont.

Active Shooter Preparedness – DHS developed a
comprehensive Active Shooter Preparedness website,
which strives to enhance national preparedness through a whole-community approach by providing the necessary
products, tools, and resources to help all stakeholders prepare for and respond to an active shooter incident.

Subrecipients are encouraged to review the referenced
active shooter resources and evaluate their preparedness needs.

Soft Targets and Crowded Places – States, territories, UAs, and public and private sector partners are encouraged to identify security gaps and build capabilities that address security needs and challenges related to protecting
locations or environments that are easily accessible to large numbers of people on a predictable or semipredictable basis that have limited security or protective measures in place, including town centers, shopping malls, open-air venues, outside hard targets/venue perimeters, and other places of meeting and gathering. For more
information, please see DHS’s Hometown Security Program.

Community Lifelines – FEMA created Community Lifelines
to reframe incident information and impacts using plain language and unity of effort to enable the integration of preparedness efforts, existing plans, and identifies unmet needs to better anticipate response requirements.

Additional information may be found at the Community
Lifelines Implementation Toolkit website.

Strategic Framework for Countering Terrorism and Targeted Violence – DHS adopted the DHS Strategic Framework for
Countering Terrorism and Targeted Violence which
explains how the department will use the tools and
expertise that have protected and strengthened the
country from foreign terrorist organizations to address the evolving challenges of today.

EXHIBIT F
National
Campaigns and
Programs Cont.

Countering Violent Extremism (CVE) Training - Foreign
terrorist groups and individual terrorist thought leaders recruit or inspire Westerners to carry out attacks against western and U.S. targets, including individuals living in communities with the U.S. via, but not limited to, print, video, and social media, as well as through personal
interaction. But we also know that violent extremism is not a phenomenon restricted solely to one community and
that any effort to counter violent extremism must be
applicable to all ideologically motivated violence. Efforts to provide information and training regarding CVE should emphasize the strength of local communities’ approach.

National
Cybersecurity
Review
The National Cybersecurity Review (NCSR) is a required
assessment for all Subrecipients of State Homeland Security Program (SHSP) and Urban Areas Security Initiative (UASI) funding to be completed between October and
February 2024.

The NCSR is a no-cost, anonymous, and annual selfassessment designed to measure gaps and capabilities of state, local, tribal, territorial, nonprofit, and private sector agencies’ cybersecurity programs.

Additionally, FEMA recognizes that some subawards will
not be issued until after the NCSR has closed. In these cases, Subrecipients will be required to complete the first available NCSR offered after the subaward has been
issued by Cal OES.

The Chief Information Officer (CIO), Chief Information
Security Officer (CISO), or equivalent should complete the NCSR. If there is no CIO or CISO, the most senior
cybersecurity professional should complete the
assessment. Additional information may be found in IB 439 and 429a.

NIMS
Implementation
Prior to the allocation of any federal preparedness awards, Subrecipients must ensure and maintain the adoption and implementation of the National Incident Management
System (NIMS).

EXHIBIT F
Law Enforcement
Terrorism
Prevention
Activities
At least 35% of the grant funding under SHSP and UASI must be dedicated to Law Enforcement Terrorism Prevention
Activities (LETPA). This required LETPA allocation can be from SHSP, UASI, or both and may be met by funding
projects in any combination of the six NPAs and any other investments.

Allowable expenditures can be found in the authorizing
legislation, Preparedness Grants Manual, Information
Bulletin (IB) No. 473 Supplemental Guidance for LETPA
Expenditures, the National Prevention Framework, and
National Protection Framework.

For an activity to be counted towards the LETPA
requirement, it must have a law enforcement terrorism
prevention nexus. If an activity is listed in the authorizing legislation or can be directly tied to a capability in the National Prevention Framework or shared capability in the National Protection Framework, then it is presumed to have law enforcement nexus and be a LETPA. For all other
claimed activities, nexus to law enforcement and terrorism prevention must be clearly explained.

Refer to IB 485 - FY23 LETPA Supplemental Guidance to the NOFO for further direction on how to account for LETPA
activities, best practices for submitting LETPA investments, and information on how to distinguish LETPA from other
activities .

Management
and
Administration
The Management and Administration (M&A) allowance for
Subrecipients is set at a maximum of 5% for FY 2023 HSGP.

Indirect Costs Indirect costs are allowable under the FY 2023 HSGP Grant Award.

Subrecipients with an indirect cost rate approved by their cognizant federal agency may claim indirect costs based on the established rate. Indirect costs claimed must be calculated using the base approved in the indirect cost negotiation agreement. A copy of the approved
negotiation agreement is required at the time of
application.

EXHIBIT F
Indirect Costs
Cont.

Indirect costs are in addition to the M&A allowance and must be included in the Grant Award application as a
“Project” and reflected in the FMFW on the Indirect Cost Tab if being claimed under the award.

Indirect costs must be claimed no more than once
annually, and only at the end of the Subrecipient’s fiscal year. An exception to this rule applies if there is a mid-year change to the approved indirect cost rate; in this case, costs incurred to date must be claimed. At that time, a Grant Subaward Modification reflecting the rate change
must also be submitted to Cal OES, along with a copy of the new Indirect Cost Rate Agreement.

Organization
Costs – Overtime
Operational overtime costs are allowable for increased
security measures at critical infrastructure sites if associated with detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events.

Pursuant to page A-4 of the Preparedness Grants Manual, all operational overtime requests must clearly explain how the request meets the criteria of one or more of the
categories listed in Table 2: Authorized Operational
Overtime Categories.

Requests must address the threat environment as it relates to the event or activity requiring operational overtime support and explains how the overtime activity is
responsive to the threat.

Post-event operational overtime requests will only be
considered on a case-by-case basis, where it is
demonstrated exigent circumstances prevented
submission of a request in advance of the event or activity.

Requests for overtime costs must be submitted to Cal OES via Allowability Request Log (ARL) Form at the time of
application, if the activity will occur within one year of the final application submission. All subsequent requests must be submitted at least 60 days in advance of the activity.

All operational overtime costs must be formally preapproved in writing by DHS/FEMA.

EXHIBIT F
Personnel Cap Pursuant to 6 U.S.C. § 609(b), SHSP and UASI funds may be used for personnel costs, totaling up to 50 percent of each fund source. A Subrecipient may request this requirement be waived by DHS/FEMA, via Cal OES. Requests for
personnel cap waivers must be submitted separately for
each fund source in writing to the Program Representative on official letterhead, with the following information:
• Documentation explaining why the cap should be
waived;
• Conditions under which the request is being submitted; and
• A budget and method of calculation of personnel costs both in percentages of the Grant Award and in total
dollar amount (waivers must be calculated separately
for SHSP and UASI, outlining salary, fringe benefits, and any M&A costs).

Subrecipient requests to exceed the personnel cap must
be received by Cal OES at the time of application.

Subaward modifications impacting the personnel cap will be reviewed on a case-by-case basis and may require the submittal of the above-mentioned information.

Please see IB 421b for more information on the waiver
process.

Equipment
Typing/
Identification
and Use
Allowable HSGP equipment is listed on the FEMA
Authorized Equipment List (AEL) website.

Subrecipients that allocate HSGP funds towards equipment are required to type and identify the capability associated with that equipment. The FEMA Resource Typing Library
Tool (RTLT) can be used to help determine the type and
capability.

Per FEMA policy, the purchase of weapons and weapon
accessories are not allowed with HSGP funds. Special rules apply to pharmaceutical purchases, medical
countermeasures, and critical emergency supplies; refer to page A-10 of the FEMA Preparedness Grants Manual for
additional information.

EXHIBIT F
Equipment Typing/
Identification and
Use Cont.

Expenditures for general purpose equipment are allowable if they align to and support one or more core capabilities identified in the NPG, and in addition, are
deployable/sharable through the Emergency
Management Assistance Compact and allowable under
6 U.S.C. § 609. Refer to the NOFO and Preparedness Grants Manual for examples of allowable general-purpose
equipment.

Equipment
Maintenance/
Sustainment
Use of HSGP funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable as described in FEMA IBs 336 and 379, as well as Grant Programs Directorate (GPD) Policy FP-205-402-125-1.

Emergency
Communications
Projects
All Subrecipient emergency communications projects must comply with the SAFECOM Guidance on Emergency
Communications Grants and describe in their FMFW how
such activities align with the goals of the Statewide
Communications Interoperability Plan.

Telecom
Equipment and
Services
Prohibitions
Effective August 13, 2020, section 889(f)(2)-(3) of the John S. McCain National Defense Authorization Act for FY 2019 (NDAA) and 2 C.F.R. § 200.216, 200.471, and Appendix II to 2 C.F.R. Part 200 prohibit DHS/FEMA Recipients and
Subrecipients (including their contractors and
subcontractors) from using any FEMA funds under open or new awards for the following telecommunications
equipment or services:
1) Telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation, (or any
subsidiary or affiliate of such entities);
2) 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);
3) Telecommunications or video surveillance services
provided by such entities or using such equipment; or

EXHIBIT F
Telecom Equipment
and Services
Prohibitions Cont.
4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected
to, the People’s Republic of China.

Additional guidance is available in FEMA Policy #405-143- 1, Prohibitions on Expending FEMA Award Funds for
Covered Telecommunications Equipment or Services
Prohibited and
Controlled
Equipment
Effective May 25, 2022, Executive Order (EO) 14074,
Advancing Effective, Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety, Section 12(a) of EO 14074 directs the Department of
Homeland Security (DHS) to review its grant programs and, consistent with applicable law, prohibits the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial law enforcement
agencies (LEAs).

For all awards issued on or after January 1, 2023, The policy directly prohibits certain types of equipment outright
(prohibited equipment), whereas other types of equipment may be controlled, or LEAs are required to submit
certifications prior to purchase.

Even if equipment is listed as controlled equipment and is not outright prohibited, that does not automatically make it allowable under a particular FEMA program. Recipients and Subrecipients should refer to applicable program
guidance or contact your Program Representative to
determine if a particular type of equipment is allowable under that program.

Additional information regarding Prohibited and Controlled Equipment is available on FEMA Policy 207-22-0002.

EXHIBIT F
Small Unmanned
Aircraft Systems
All requests to purchase Small Unmanned Aircraft Systems (SUAS) with FEMA grant funding must comply with FEMA
Policy 207-22-0002 and include copies of the policies and procedures in place to safeguard individuals’ privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. The Authorized Equipment Listing for 03OE-07-SUAS details
questions that must be included in the Aviation Request justification. Reference the Presidential Memorandum:

Promoting Economic Competitiveness While Safeguarding
Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems for additional information.

FEMA approval is required before a SUAS can be
purchased with HSGP grants funds.

Emergency
Operations Plans
Subrecipients should update their Emergency Operations
Plan (EOP) at least once every two years to remain
compliant with the Comprehensive Preparedness Guide
101 version 2.0.

Conflict of
Interest
To eliminate and reduce the impact of conflicts of interest in the subaward process, Subrecipients and pass-through entities must follow their own policies and procedures
regarding the elimination or reduction of conflicts of
interest when making subawards. Subrecipients and passthrough entities are also required to follow any applicable federal, state, local, and tribal statutes or regulations governing conflicts of interest in the making of subawards.

Subrecipients must disclose to their Program
Representative, in writing, any real or potential conflict of interest as defined by the federal, state, local, or tribal statutes or regulations, which may arise during the
administration of the HSGP subaward within five days of learning of the conflict of interest.

EXHIBIT F
Build America,
Buy America Act
(BABAA)
Under FEMA financial assistance programs, the BABAA
requirements apply to:
• New awards made on or after January 2, 2023,
• New funding that FEMA obligates to existing awards or through renewal awards on or after January 2, 2023;
and
• Infrastructure projects.

Funds provided under this program may not be used for a project for infrastructure unless the iron and steel,
manufactured products, and construction materials used
in that infrastructure are produced in the United States.

The Buy America preference only applies to articles,
materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Additionally, the Buy America
preference does not 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.

When necessary, Subrecipients may apply for a waiver
from these requirements. Additional information regarding the BABAA can be found on FEMA’s website under
Buy America Preference Buy America Preference.

EXHIBIT F
FY 2023
Investments
The State prioritized the following investment strategies for the FY 2023 subawards:

1. Enhance Information and Intelligence Sharing and
Cooperation with Federal Agencies, including DHS
(National Priority);

2. Enhance the Protection of Soft Targets/Crowded Places (National Priority);

3. Enhance Cybersecurity (National Priority);

4. Enhancing Community Preparedness and Resilience
(National Priority);

5. Combating Domestic Violent Extremism (National
Priority);

6. Strengthen Emergency Communications Capabilities
Through Planning, Governance, Technology, and
Equipment;

7. Enhance Medical and Public Health Preparedness;

8. Strengthen Information Sharing and Collaboration (nonFusion Center);

9. Enhance Multi-Jurisdictional/Inter-Jurisdictional AllHazards/Whole Community Incident Planning, Response & Recovery Capabilities;

10. Protect Critical Infrastructure and Key Resources
(includes Food and Agriculture); and

11. Enhance Election Security (National Priority).

EXHIBIT F
Section 3 ‒ State Changes and Initiatives | 2023
California
Homeland
Security Strategy
Goals
The State prioritized the following California Homeland Security Strategy Goals for the FY 2023 subawards:

1. Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California;

2. Protect Critical Infrastructure and Key Resources from All Threats and Hazards;

3. Strengthen Security and Preparedness Across
Cyberspace;

4. Strengthen Communications Capabilities through
Planning, Governance, Technology, and Equipment;

5. Enhance Community Preparedness;

6. Enhance Multi-Jurisdictional/Inter-Jurisdictional AllHazards Incident Catastrophic Planning, Response, and Recovery Capabilities;

7. Improve Medical and Health Capabilities;

8. Enhance Incident Recovery Capabilities;

9. Strengthen Food and Agriculture Preparedness; and

10.Enhance Homeland Security Exercise, Evaluation, and
Training Programs.

State Initiative
Funding
For FY 2023, Cal OES shall retain 20% of the SHSP and 18.5% of the UASI funding for state initiatives.
“On Behalf Of” Cal OES may, in conjunction with local approval authorities, designate funds “on behalf of” local entities who choose to decline or fail to utilize their subaward in a timely manner.

Public Alert and
Warning
Cal OES encourages Subrecipients to consider the use of this funding to assist their jurisdiction’s alignment with the State of California Alert and Warning Guidelines,
developed pursuant to Senate Bill 833 of the 2018
Legislative Session.

EXHIBIT F
Section 4 ‒ Required State Application Components | 2023 Financial
Management
Forms
Workbook
The FY 2023 Cal OES FMFW includes:

Grant Subaward Face Sheet – Use the Grant Subaward Face Sheet to apply for grant programs. The Grant Subaward Face Sheet must be signed and submitted in portrait format. An active UEI# (Formerly DUNS#) is required. UEI registration information is available sam.gov.

Authorized Body of 5 – Provide the contact information of Authorized Agents (AA), delegated via the Governing Body Resolution (GBR) or Signature Authorization Form, including staff related to grant activities. More than one person is
recommended for designation as the AA; in the absence of an AA, an alternate AA can sign requests.

Project Ledger – The project ledger is used in the application process to submit funding information and is used for submitting cash requests, Grant Subaward Modifications, and assists with the completion of the Biannual Strategy Implementation Report (BSIR).

Planning Tab – Provides detailed information on grant-funded planning activities with a final product identified.

Organization Tab – Provides detailed information on grant-funded organizational activities.

Equipment Tab – Detailed information must be provided under the equipment description for all grant-funded equipment. AEL numbers must be included for all items of equipment. Always refer to the AEL for a list of allowable equipment and conditions, if any.

Training Tab – Provides detailed information on grant-funded training activities. All training activities must receive Cal OES approval prior to starting the event, including a Training Feedback number. The Training Request Form must be submitted and approved to obtain a Training Feedback number and should be submitted at least 30 days in advance.

Exercise TAB – Provides detailed information on grant-funded exercises.

M&A Tab – Provides information on grant-funded M&A activities.

Indirect Costs Tab – Provides information on indirect costs.

EXHIBIT F
Financial
Management
Forms
Workbook
Cont.

Consultant-Contractor Tab – Provides detailed information on grant-funded consultants and contractors.

Authorized Agent Page – The AA Page must be submitted with the application, all cash requests, and Grant Subaward
Modifications. The AA Page must include a valid signature on file with Cal OES and the date.

Subrecipient
Grants
Management
Assessment
Per 2 C.F.R. § 200.332, Cal OES is required to evaluate the risk of non-compliance with federal statutes, regulations, and grant terms and conditions posed by each Subrecipient of passthrough funding. The Subrecipient Grants Management Assessment Form contains questions related to an organization’s experience in the management of federal grant awards. It is used to determine and provide an appropriate level of technical assistance, training, and grant oversight to Subrecipients during the subaward. The questionnaire must be completed and
returned with the grant application.

Application
Attachments
Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure – Use the FFATA Financial Disclosure Form to provide the information required by the Federal Funding Accountability and Transparency Act of 2006.

Certification Regarding Lobbying – Use the Certification Regarding Lobbying Form to certify lobbying activities, as stipulated by the Byrd Anti-Lobbying Amendment,
31 U.S.C. § 1352.

Intelligence Analysts Certificates – Pursuant to the Preparedness Grants Manual, Cal OES must have certificates for completion of training for fusion center analytical personnel. Please provide copies of certificates for each intelligence analyst, if applicable.

UASI Footprint (UASIs Only) – The Urban Area Working Group (UAWG) establishes the ‘footprint’ of the UA. A map or list defining the footprint must be included with the application.

UAWG Member Roster (UASIs Only) – A list of all current UAWG members with positions or titles.

Indirect Cost Rate Agreement – If claiming indirect costs at a federally-approved rate, please provide a copy of the approved indirect cost rate agreement.

EXHIBIT F
Standard
Assurances
The Standard Assurances list the requirements to which the Subrecipients will be held accountable. All Applicants will be required to submit a signed, original of the FY 2023 Standard Assurances as part of their FY 2023 HSGP application. The required Standard Assurances can be found only in PDF format on the Cal OES website.

NOTE: Self-created Standard Assurances will not be accepted.

Operational
Areas and
Urban Areas
Governing Body Resolution – The GBR appoints AAs (identified by the individual’s name or by a position title) to act on behalf of the governing body and the Applicant by executing any actions necessary for each application and subaward. All Applicants are required to submit a copy of an approved GBR with their grant application. Resolutions may be valid for up to three grant years given the following:
• The resolution identifies the applicable grant program (e.g., EMPG and/or HSGP);
• The resolution identifies the applicable grant years, (e.g., FY 2023, FY 2024, FY 2025; and
• Adheres to any necessary elements required by local
protocols, rules, etc., if applicable.

Resolutions that only identify a single grant program will only be valid for that single program. Resolutions that do not identify applicable grant years will only be valid for the grant year in which the resolution was submitted.

Authorized Agent Information – For each person or position appointed by the governing body, identify the individual in the Authorized Body of 5 ledger of the FMFW.

All changes in AA and contact information must be provided to Cal OES in writing. If the GBR identifies the AA by name, a new Resolution is needed when changes are made. If the GBR
identifies the AA by position and/or title, changes may be made by submitting a request on the entity’s letterhead, signed by an existing AA. Cal OES will not accept signatures of an AA’s designee, unless authorized by the GBR. A change to an AA's designee must be submitted on agency letterhead and signed by the AA, announcing the change to their designee.

EXHIBIT F
Operational
Areas Only
Approval Authority Body – OAs must appoint an Anti-Terrorism Approval Body (Approval Authority) to have final approval of the OA’s application for HSGP funds. Each member of the Approval Authority must provide written agreement with the OA’s
application for HSGP funds. The Approval Authority shall consist of the following representatives, and additional voting members may be added by a simple majority vote of the following standing members:
• County Public Health Officer or designee responsible for Emergency Medical Services
• County Fire Chief or Chief of Fire Authority
• Municipal Fire Chief (selected by the OA Fire Chiefs) • County Sheriff
• Chief of Police (selected by the OA Police Chiefs)
Urban Areas
Only
Urban Area Working Groups – Membership in the UAWG must provide either direct or indirect representation for all relevant jurisdictions and response disciplines (including law enforcement, fire service, EMS, hospitals, public health, and emergency management) that comprise the defined UA. It also must be inclusive of local Citizen Corps Council and tribal representatives.

The UAWG should also ensure the integration of local emergency management, public health, and health care systems into a coordinated sustained local capability to respond effectively to a mass casualty incident. Additional group composition criteria are found in the FEMA Preparedness Grants Manual.

Threat Hazard Identification and Risk Assessment – Subrecipients are required to submit a THIRA for all 32 core capabilities.

Beginning in 2019, UAs are required to submit a THIRA every three years. An annual capability assessment will still be required.

Stakeholder Preparedness Review – The SPR is an annual grant requirement for all states, territories, and UAs. It is an annual capability assessment, which helps jurisdictions identify capability gaps and prioritize investment requirements to reach the targets set in their THIRA.

All fusion center investments must align to, and reference, specific performance areas of the assessment that the funding is intended to support.

EXHIBIT F
Fusion
Centers Only
Fusion Centers are also required to follow all Reporting and Administrative Metrics for California Fusion Centers, as set forth in the Governor’s Homeland Security Advisor/Cal OES Director’s letter dated March 16, 2016. These operational and administrative metrics set forth an integrated and coordinated approach for regular and proactive information and intelligence sharing between all fusion centers in the California State Threat Assessment System (STAS).

State
Agencies and
Tribes Only
State Agencies, and federally recognized tribes may submit the Signature Authorization Form in lieu of a GBR, signed by the most senior ranking official, such as the Secretary, Director, President, Chancellor, or Chairperson.

EXHIBIT F
Section 5 ‒ State Application Process | 2023
Application
Submission
Subrecipients must submit an electronic copy of their completed FMFW to their Program Representative for review. After the application is approved, a completed copy of the FMFW, along with all other application components must be submitted, with official signatures, by the application due date. During the application process, if it is determined not all allocated funds can be expended by the end of the period of performance, please inform a Program Representative as soon as possible. The completed application should be received by Cal OES no later than the date provided in the FY 2023 HSGP Timeline, referenced as Attachment B.

Late or
Incomplete
Application
Late or incomplete applications may be denied. If an application is incomplete, the Program Representative may request
additional information. Requests for late submission of applications must be made in writing to the Program
Representative prior to the application due date. Cal OES has sole discretion to accept or reject a late or incomplete grant application.

HSGP Contact
Information
All Subrecipient application materials, questions, comments, and correspondence should be directed to:

California Governor’s Office of Emergency Services
ATTN: Grants Management (Building F)
Homeland Security Grants Unit
3650 Schriever Avenue
Mather, CA 95655
Darlene Arambula (916) 845-8427
Christopher Camacho (916) 845-8789
Laura Halverstadt (916) 845-8899
Antoinette Johnson (916) 845-8260
Jim Lane (916) 845-8428
Tyrone Freeman (916) 328-7750
Abigayle Tirapelle (916) 845-8400
The Program Representative Regional Assignments Map is
available at the Cal OES website under “Regional Assignments”.

EXHIBIT F
Subaward
Approval
Subrecipients will receive a formal notification of award no later than 45 days after Cal OES accepts the federal grant award. The award letter must be signed, dated, and returned to Cal OES within 20 calendar days. Once the completed application, along with the signed award letter, is received and approved, reimbursement of eligible subaward expenditures may be
requested using the Cal OES FMFW.

EXHIBIT F
Section 6 ‒ Post Award Requirements | 2023
Payment Request
Process
To request an advance or cash reimbursement of HSGP
funds, Subrecipients must first complete a payment request using the Cal OES HSGP FMFW, returning it to the appropriate Program Representative. Subrecipients who fail to follow the workbook instructions may experience delays in processing the payment request.

Payments can only be made if the Subrecipient has an
approved application.

Advances and
Interest Earned on
Advances
An Advance payment is a payment that is requested before Subrecipients have disbursed the funds for program purposes.

Subrecipients may be paid an advance, provided they
maintain a willingness and ability to maintain procedures to minimize the time elapsing between the receipt of funds and their disbursement. The timing and amount of advance
payments must be as close as administratively feasible to the actual disbursements by the Subrecipient for project costs.

Federal rules require advances to be deposited in interestbearing accounts. Interest earned amounts up to $500 per year may be retained by Subrecipients for administrative expenses; any additional interest earned on federal advance payments must be returned annually to Cal OES.

Semi-Annual
Drawdown
Requirements
All Subrecipients must report expenditures and request funds at least semi-annually throughout the period of performance.

Semi-annual drawdowns should occur by March and
October of each calendar year following final approval of the subaward application, except for the final cash request, which must be submitted within 20 calendar days after the end of the period of performance.

Modifications Post-award budget and scope modifications must be requested using the Cal OES HSGP FMFW v1.23, signed by the Subrecipient’s AA, and submitted to the Program
Representative.

The Subrecipient may implement grant modification
activities, and incur associated expenses, only after receiving written final approval of the modification from Cal OES.

EXHIBIT F
Modifications
Cont.

Subrecipients must provide a written justification with all modification requests. The justification may be included in the body of the e-mail transmitting the request, or in a document attached to the transmittal e-mail. Please reference GMM 2018-17 for additional information regarding modification requests.

Modifications to NP Projects have additional restrictions as indicated below:

Modifications which do not change the project scope and do not decrease the overall project budget can be
processed via regular modification request.

Modifications which change the project scope or decrease the overall project budget will require DHS/FEMA approval and must be requested on the National Priority Project
Modification Form.

Training
Requirements
All grant-funded training activities must receive Cal OES approval prior to starting the training event. Cal OES shall allow Subrecipients to develop a “placeholder” for future training conferences when an agenda has not been
established at the time Subrecipient applications are due.

Please work with a Program Representative and the Training Branch to identify a possible “placeholder” for these types of training activities.

When seeking approval of non-DHS/FEMA developed
courses, course materials must be submitted with the
approval requests. Conditional approvals are not offered.

Subrecipients must complete a Training Request Form and submit it electronically to the Cal OES Training Branch to be approved with a Training Feedback Number before
beginning any training activities. This includes project components like travel to, materials for, or attendance in training courses. Training Feedback Numbers should be
obtained no later than 30 days before the first day of the training or related activities. Requests that are submitted with less than 30 days prior to the start of the training or activity are not guaranteed to be approved in time and run the risk of training being unallowable. Training Feedback numbers must

EXHIBIT F
Training
Requirements
Cont.
be included on the FMFW Training Ledger to be considered for reimbursement.

For more information on this or other training-related inquiries, contact the Cal OES Training Branch at (916) 845-8745 or [email protected].

Exercises,
Improvement
Plans, and AfterAction Reporting
Subrecipients should engage stakeholders to identify longterm training and exercise priorities. These priorities should address capability targets and gaps identified through the THIRA and SPR process, real-world events, previous exercises, and national areas for improvement identified in the NPR.

Subrecipients must report on all exercises conducted with HSGP grant funds. An After-Action Report
(AAR)/Improvement Plan (IP) or Summary Report (for
Seminars and Workshops) must be completed and submitted to Cal OES within 90 days after exercise/seminars/workshops are conducted. It is acceptable to submit an Exercise
Summary Report for Seminars and Workshops in lieu of a full AAR/IP.

Please e-mail AAR/IPs and Summary Reports to:
• [email protected]
• [email protected]
• [email protected]
For exercise-related issues and/or questions, please email the Cal OES Exercise Team at [email protected].

Exercise costs will not be considered for reimbursement until an AAR/IP is received by Cal OES.

Procurement
Standards and
Written
Procedures
Subrecipients must conduct procurement using documented local government procurement procedures, or the federal procurement standards found in 2 C.F.R. Part 200, whichever are more strict. Subrecipients must also have written conflict of interest policies governing the actions of its employees engaged in the selection, award and administration of
contracts, including disciplinary actions for violations of such standards.

EXHIBIT F
Procurement
Thresholds
Effective June 20, 2018, the micro-purchase threshold was increased from $3,500 to $10,000 and the simplified
acquisition threshold was increased from $150,000 to
$250,000. These increases apply to all Subrecipient
procurements executed on or after June 20, 2018.

Refer to IB 434 for additional information.

Procurement
Documentation
Non-federal entities, other than states and territories, are required to maintain and retain records sufficient to detail the history of procurements, covering at least the rationale for the procurement method, contract type, contractor selection or rejection, and the basis for the contract price. For any cost to be allowable, it must be adequately documented. Examples of the types of documents that would meet this requirement include, but are not limited to:
• Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals;
• Responses to solicitations, such as quotes, bids, or
proposals;
• Pre-solicitation independent cost estimates and postsolicitation cost/price analyses on file for review by federal personnel, if applicable;
• Contract documents and amendments;
• Documents demonstrating inclusion of required contract provisions; and
• Other documents required by federal regulations
applicable at the time the grant was awarded to the
Subrecipient.

Noncompetitive
Procurement
All noncompetitive procurements exceeding the simplified acquisition threshold requires Cal OES prior written approval to be eligible for reimbursement. This method of procurement must be approved by the local Purchasing Agent prior to submitting a request for Cal OES approval. A copy of the Purchasing Agent’s approval must be included with the
Cal OES Request for Noncompetitive Procurement
Authorization form. Cal OES may request additional
documentation that supports the procurement effort.

EXHIBIT F
Noncompetitive
Procurement
Cont.

Cal OES will not reimburse for any noncompetitive
procurement contracts for any HSGP terrorism-related
training, regardless of the cost of the training. Exceptions to this policy may be approved in limited circumstances, e.g., related to a procurement effort that has resulted in
inadequate competition. Please refer to GMM2017-01A and GMM2021-05 for additional guidance.

Performance
Bond
Due to the risks associated with delays in vendor delivery of large equipment procurements, DHS/FEMA allows
Subrecipients to obtain a “performance bond” for items that are paid for up front to ensure delivery of the equipment within the grant period of performance.

Cal OES requires Subrecipients to obtain a performance bond when procuring any equipment item over $250,000, or for any vehicle, aircraft, or watercraft that requires full or partial payment prior to receiving the final product(s).

Performance Bond Waivers may be granted on a case-bycase basis and must be submitted to Cal OES prior to procurement.

Environmental
Planning and
Historic
Preservation (EHP)
DHS/FEMA is required to ensure all activities and programs that are funded by the agency comply with federal
Environmental Planning and Historic Preservation (EHP)
regulations. Subrecipients proposing projects or activities (including, but not limited to, training, exercises, the installation of equipment, and construction or renovation projects) that have the potential to impact the environment, or a historic structure must participate in the EHP screening process. EHP Screening Memos must include detailed project information, explain the goals and objectives of the proposed project, and include supporting documentation.

DHS/FEMA may also require the Subrecipient to provide a confidential California Historical Resources Information System (CHRIS) report in addition to the EHP Screening Form.

Determination on the necessity of a CHRIS report is based upon information disclosed on the form. Program
Representatives will provide additional instructions should this report be required.

EXHIBIT F
Environmental
Planning and
Historic
Preservation (EHP)
Cont.

EHP Screening Requests should be submitted to Cal OES as early as possible. All projects/activities triggering EHP must receive DHS/FEMA written approval prior to commencement of the funded activity.

Updated information may be referenced in the FEMA GPD
EHP Policy Guidance.

Construction and
Renovation
When applying for construction activity at the time of
application, including communication towers, Subrecipients must submit evidence of approved zoning ordinances,
architectural plans, any other locally required planning permits, and a notice of federal interest. Additionally, Subrecipients are required to submit an SF-424C Budget and Budget Detail that cites project costs. Communication tower construction requests also require evidence that the Federal Communications Commission’s Section 106 review process
was completed.

Subrecipients using funds for construction projects must comply with the Davis-Bacon Act. Subrecipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a
character like the contract work in the civil subdivision of the state in which the work is to be performed.

Project construction using SHSP and UASI funds may not
exceed $1,000,000 or 15% of the grant subaward (for the purposes of limitations on funding levels, communications towers are not considered construction).

Written approval for construction must be provided by
DHS/FEMA prior to the use of any HSGP funds for construction or renovation. No construction activities (including site preparation, utility installations, and any groundbreaking activities) or equipment installations on existing structures, may begin until the EHP review process is complete.

EXHIBIT F
Inventory Control
and Property
Management
Subrecipients must use standardized resource management concepts for resource typing and credentialing, in addition to maintaining an inventory by which to facilitate the effective identification, dispatch, deployment, tracking, and recovery of resources.

Subrecipients must have an effective inventory management system, to include:
• Property records that document description, serial/ID number, fund source, title information, acquisition date, cost, federal cost share, location, use, condition, and ultimate disposition;
• A physical inventory conducted at least every two years; • A control system to prevent loss, damage, and theft of grant purchased equipment and supplies; and
• Adequate maintenance procedures to keep the property
in good condition.

Equipment
Disposition
When original or replacement equipment acquired under the HSGP is no longer needed for program activities, the
Subrecipient must contact the Program Representative to request disposition instructions. See 2 C.F.R. § 200.313(e).

Performance
Reporting
Subrecipients must complete a BSIR each Winter and Summer using the DHS/FEMA Grants Reporting Tool (GRT) for the
duration of the subaward period of performance or until all grant activities are completed and the subaward is formally closed by Cal OES. Failure to submit a BSIR could result in subaward reduction, suspension, or termination.

Access to the BSIR may be obtained through the GRT. To
create a new account, please click the link that reads, “Register for an account” and follow the instructions
provided. The Subrecipient will be required to ensure up-todate project information is entered. The Project Ledger in the FMFW may assist with the BSIR data entry process. For
additional assistance with the GRT, please contact your Program Representative.

EXHIBIT F
Extension
Requests
Extensions to the initial period of performance identified in the subaward will only be considered through formal, written requests to your Program Representative. Upon receipt of the extension request, Cal OES will:

1. Verify compliance with performance reporting
requirements by confirming the Subrecipient has
submitted all necessary performance reports;

2. Confirm the Subrecipient has provided sufficient
justification for the request; and

3. If applicable, confirm the Subrecipient has demonstrated sufficient progress in past situations where an extension was authorized by Cal OES.

Extension requests will be granted only due to compelling legal, policy, or operational challenges, must be projectspecific and will only be considered for the following reasons:

1. Contractual commitments with vendors that prevent
completion of the project within the period of
performance;

2. The project must undergo a complex environmental
review which cannot be completed within this timeframe;

3. Projects are long-term by design and therefore,
acceleration would compromise core programmatic
goals; and

4. Where other special circumstances exist.

To be considered, extension requests must be received no later than 60 days prior to the end of the Subrecipient’s period of performance and must contain specific and
compelling justifications as to why an extension is required. All extension requests must address the following:

1. Grant program, fiscal year, and award number;

2. Reason for delay;

3. Current status of the activity/activities;

4. Approved period of performance termination date and
new project completion date;

5. Amount of funds drawn down to date;

6. Remaining available funds, both federal and non-federal;

EXHIBIT F
Extension
Requests
Cont.

7. Budget outlining how remaining federal and non-federal funds will be expended;

8. Plan for completion, including milestones and timeframes for each milestone and the position/person responsible for implementing the plan for completion; and

9. Certification the activity/activities will be completed within the extended period of performance without any
modification to the original Project Scope.

General questions regarding extension requirements and the extension request form, should be directed to your Program Representative. For additional information, please see IB 379.

Extension requests for personnel and salaries do not meet the requirements of IB 379 and will not be granted. Subrecipients are expected to complete all grant-funded personnel
activities by the end of the subaward period of performance.

Progress Reports
on Grant
Extensions
All Subrecipients that receive Cal OES approval to extend their FY 2023 Grant Subaward period of performance may be required to submit progress reports indicating completed and future project milestones on all extended projects. Progress reports must be submitted electronically to the Subrecipient’s Program Representative. Deadlines for the submission of progress reports will be established at the time of extension approval.

Monitoring Cal OES Grants Monitoring actively monitors Subrecipients, through day-to-day communications, programmatic site
visits, desk, and on-site compliance assessments. The purpose of the compliance assessment is to ensure Subrecipients are in compliance with applicable state and federal regulations, grant guidelines, and programmatic requirements.

Monitoring activities may include, but are not limited to:
• Verifying entries recorded on the FMFW categories are properly supported with source documentation;
• Eligibility of and support for expenditures, typically covering two to three years of data;
• Comparing actual Subrecipient activities to those
approved in the grant application and subsequent

EXHIBIT F
Monitoring
Cont.
modifications, including the review of timesheets and
invoices as applicable;
• Procurements and contracts;
• Ensuring equipment lists are properly maintained and
physical inventories are conducted;
• Ensuring advances have been disbursed in accordance
with applicable guidelines; and
• Confirming compliance with Standard Assurances; and
• Information provided on performance reports and
payment requests
NOTE: It is the responsibility of all Subrecipients that pass down grant funds to other entities, to maintain and utilize a formal process to monitor the grant activities of their subawards. This requirement includes, but is not limited to, on-site verification of grant activities, as required. It is common for Subrecipients to receive findings in a programmatic site visit or compliance assessment, which require a Corrective Action Plan (CAP) to be submitted by Subrecipients. Those Subrecipients who fail to submit a CAP, as required, shall have a “hold” placed on any future reimbursements until the “finding” is resolved.

Failure to Submit
Required Reports
Periodic reporting is required by the grant. Subrecipients who miss a single reporting deadline may receive a letter
addressed to their Board of Supervisors informing them of the failure to report. County OAs and tribes who fail to report twice consecutively may have subsequent awards reduced
by 10% until timely reporting is reestablished; UASIs may have a “hold” placed on any future reimbursements.

Suspension/
Termination
Cal OES may suspend or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:

Suspension/
• Failure to submit required reports.
• 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.

EXHIBIT F
Termination
Cont.
• 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 their Subrecipients.

Before taking action, Cal OES will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to informally resolve the problem.

Closeout
Cal OES will close-out Subrecipient awards when it
determines all applicable administrative actions and all required work of the federal award have been completed.

Subawards will be closed after:
• All funds have been requested and reimbursed, or
disencumbered;
• Receiving all applicable Subrecipient reports indicating all approved work has been completed, and all funds have
been distributed;
• Completing a review to confirm the accuracy of reported information;
• Reconciling actual costs to subawards, modifications, and payments; and
• Verifying the Subrecipient has submitted a final BSIR showing all grant funds have been expended.

Records Retention The records retention period is three years from the date of the Cal OES Grant Closeout letter, or until any pending litigation, claim, or audit started before the expiration of the three-year retention period has been resolved and final action is taken.

For indirect cost rate proposals, cost allocation plans, or other rate computation records, the start of the record retention period is dependent on whether the proposal, plan, or other computation is required to be submitted to the federal
government (or to the pass-through entity) for negotiation purposes. See 2 C.F.R. § 200.334(f).

In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g).

EXHIBIT F
Records Retention
Cont.

The Cal OES Grant Closeout Letter will notify the Subrecipient of the start of the records retention period for all
programmatic and financial grant-related records.

If the State Administrative Agency’s award remains open after the Subrecipient’s submission of the final BSIR, Cal OES will complete any additional BSIR reporting required under the award on behalf of the Subrecipient.

Closed grants may still be monitored and audited. Failure to maintain all grant records for the required retention period could result in a reduction of grant funds, and an invoice to return costs associated with the unsupported activities.

If documents are retained longer than the required retention period, FEMA, the DHS Office of Inspector General,
Government Accountability Office, and pass-through entity have the right to access these records as well. See 2 C.F.R. §§ 200.334, 200.336.

EXHIBIT F
38 Attachment A ‒ FY 2023 HSGP Allocations | 2023
*SHSP allocations reflect National Priority Area project adjustments State Homeland Security Program (SHSP)
Operational Area Total Award Operational Area Total Award ALAMEDA 1,650,795 ORANGE 3,091,413
ALPINE 76,145 PLACER 465,161
AMADOR 113,439 PLUMAS 93,069
BUTTE 267,310 RIVERSIDE 2,398,207
CALAVERAS 117,971 SACRAMENTO 1,578,910
COLUSA 94,168 SAN BENITO 137,459
CONTRA COSTA 1,178,218 SAN BERNARDINO 2,161,778
DEL NORTE 100,963 SAN DIEGO 3,210,706
EL DORADO 256,682 SAN FRANCISCO 878,889
FRESNO 1,039,636 SAN JOAQUIN 823,130
GLENN 102,425 SAN LUIS OBISPO 342,774
HUMBOLDT 203,934 SAN MATEO 785,321
IMPERIAL 246,059 SANTA BARBARA 499,634
INYO 93,103 SANTA CLARA 1,882,403
KERN 942,855 SANTA CRUZ 329,271
KINGS 220,012 SHASTA 247,205
LAKE 126,762 SIERRA 78,080
LASSEN 103,878 SISKIYOU 116,809
LOS ANGELES 9,481,457 SOLANO 501,615
MADERA 225,138 SONOMA 535,157
MARIN 320,277 STANISLAUS 599,128
MARIPOSA 102,042 SUTTER 169,572
MENDOCINO 168,349 TEHAMA 132,940
MERCED 346,225 TRINITY 90,284
MODOC 83,289 TULARE 528,108
MONO 87,762 TUOLUMNE 127,741
MONTEREY 488,715 VENTURA 870,207
NAPA 204,898 YOLO 285,965
NEVADA 171,574 YUBA 153,481
*Total 41,728,498

EXHIBIT F
Fusion Centers
Region Total Award
SAN FRANCISCO BAY AREA 1,792,050
SACRAMENTO/CENTRAL VALLEY AREA 2,565,000
GREATER LOS ANGELES AREA 2,887,500
SAN DIEGO AREA 2,047,500
ORANGE AREA 835,000
*Total 10,127,050
* SHSP allocations reflect National Priority Area project adjustments Urban Areas Security Initiative (UASI)
*A minimum of 35% of UASI funding must be for Law Enforcement Terrorism Prevention Urban Area
Federal
Allocation to
State
Allocation to
UASI State Initiatives
ANAHEIM/SANTA ANA AREA 5,250,000 4,278,750 971,250
BAY AREA 36,493,265 29,742,011 6,751,254
LOS ANGELES/LONG BEACH AREA 66,174,270 53,932,030 12,242,240 RIVERSIDE AREA 3,900,000 3,178,500 721,500
SACRAMENTO AREA 3,800,000 3,097,000 703,000
SAN DIEGO AREA 16,445,560 13,403,131 3,042,429
Total 132,063,095 107,631,422 24,431,673

EXHIBIT F
Attachment B ‒ FY 2023 HSGP Timeline | 2023
DHS/FEMA Announcement of 2023 HSGP NOFO February 13, 2023 Cal OES Application Due to DHS May 18, 2023
DHS Award to California September 25, 2023
Subrecipient period of performance begins September 1, 2023 2023 HSGP California Supplement release October 2023
Subrecipient Workshops October 2023
Subrecipient Awards (45 days from DHS award) October 2023 Subrecipient Final Applications for FY23 Due to
Cal OES
December 29, 2023
Subrecipient period of performance ends May 31, 2026
Final Cash Requests due to Cal OES Within twenty (20) calendar days after end of grant
Cal OES’s period of performance ends August 31, 2026

EXHIBIT F
Attachment C: FY 2023 HSGP Application Checklist | 2023 Subrecipient: FIPS#:

Program Representative:

Financial Management Forms Workbook:
☐ Grant Award Face Sheet
☐ Authorized Body of 5
☐ Project Ledger
☐ Planning Tab
☐ Organization Tab
☐ Equipment Tab
☐ Training Tab
☐ Exercise Tab
☐ Consultant/Contractor Tab
☐ Management & Administration Tab
☐ Indirect Cost Tab
☐ Authorized Agent Sheet
Attachments:
☐ Original Counter-Signed Award Letter
☐ Governing Body Resolution (Certified)
☐ Standard Assurances (Signed Originals)
☐ FFATA Certification
☐ Lobbying Certification
☐ Subrecipient Grant Management Assessment Form
☐ Indirect Cost Rate Negotiation Agreement
☐ Personnel Cap Waiver (If Applicable)
☐ Intelligence Analyst(s) Certificates (If Applicable)
UASI Only:
☐ UASI Footprint
☐ UAWG Roster
State Agencies and Tribes Only:
☒ Signature Authority Form (in lieu of Governing Body Resolution) For Cal OES Use Only
Reviewed by: Date:

Management Approval: Date:

EXHIBIT F

ATTACHMENT NO. 2
Resolution No. 2024-66

Page 1 of 3 ends

West Covina City CouncilNovember 19, 2024

West Covina City Council
November 19, 2024