CONTRACT 6370 Grant AgreementAgreement No. 6370
SUBAWARD AGREEMENT
Subrecipient: City of El Segundo
Title: FY 2021 Urban Area Security Initiative (UASI) Grant Program
City Contract Number: c-142001
Agreement No. 6370
TABLE OF CONTENTS
Section Section Title _Page
Number Number
I. GENERAL INFORMATION
§1.1 Federal Award Information.........................................................................................................1
§1.2 Subaward Information and Period of Performance..........................................................1
§1.3 Parties and Notice...............................................................................................2
§1.4 Authorities........................................................................................................... 3
II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements .................................. ........ ........................ ...........4
§2.2 City Adminstrative Requirements............................................................................................4
§2.3 DHS and CaIOES Requirements............................................................................................7
§2.4 Uniform Requirements for Federal Awards.......................................................................12
III. STANDARD PROVISIONS
§3.1
Independent Party ...... ..................................,..,.,.......,,.,.,.. ,........ ---- ....
17
§3.2
Construction of Provisions and Title Herein......................................................17
§3.3
Applicable Law, Interpretation and Enforcement..............................................17
§3.4
Integrated Agreement...... ................ .............. .. ................. ........ ................17
§3.5
Excusable Delays...................................................................... ,...... .,,.......,,18
§3.6
Breach ......................................... ............................. ........ ........................18
§3.7
Prohibition Against Assignment and Delegation.......— ........ .......................18
§3.8
Indemnification ...... ..................... ,..................,...,.,......... .............. ., ,,..,.,.........18
§3.9
Subcontractor Assurances ............. ....... ......--- ...... .....,....,.,...,......19
§3.10
Remedies for Noncompliance ....... .................. ........ ................. ,.......19
§3.11
Termination .......................................... ........,. ,..,.........,....,....... .,....,......,.19
§3.12
Amendments................................................................................................20
§3.13
Complete Agreement ............................... ................. .....r.. ......m ............,...20
SignaturePage ........................... ........................... ................. .. .............21
UASI 21 Subaward Agreement
Agreement No. 6370
EXHIBITS
Exhibit A DHS Standard Conditions
Exhibit B 2021 Standard Assurances for all Cal OES Federal Grant Programs
Exhibit C Financial Management Forms Workbook
Exhibit D Modification Request and Reimbursement Request Forms
Exhibit E CalOES Forms
Exhibit F Grants Management Assessment Form
UASI 21 Subaward Agreement H
Agreement No. 6370
AGREEMENT NUMBER c-142001
OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF EL SEGUNDO
THIS SUBAWARD AGREEMENT ("Agreement" or "Contract") is made and
entered into by and between the City of Los Angeles, a municipal corporation (the
"City"), and the City of El Segundo, ("El Segundo"), (the "Subrecipient"). In
consideration of the mutual covenants set forth herein and the mutual benefits to be
derived therefrom, the City and Subrecipient (each a "Party" and collectively, the
"Parties) agree as follows:
I. GENERAL INFORMATION
Affinto r ^ . ! �r •
The "Federal award" (as such term is defined in the Code of Federal Regulations
("CFR"), 2 CFR §200.38, and used in this Agreement) is the Fiscal Year (FY)
2021 Urban Area Security Initiative Grant Program, FAIN # EMW-2021-SS-
00081, CFDA #97.067, Federal Award Date July 16, 2021. This is not a
"Research & Development" award as defined in 2 CFR §200.87 and 200.331,
and there is no "indirect cost rate" for this federal award as defined in 2 CFR
§200.56 and 200.331.
The "Federal awarding agency" (as such term is defined in 2 CFR §200.36 and
used in this Agreement) is the United States Department of Homeland Security,
Federal Emergency Management Agency, Grants Program Directorate ("DHS").
The State of California, through its Governor's Office of Emergency Services
("CalOES"), acts as the "pass -through entity" (as such term is defined in 2 CFR
§200.74 and used in this Agreement) for the subaward of the Federal award to
the City for the benefit of the Los Angeles/Long Beach Urban Area ("LA/LBUA")
in the amount of $55,420,000.00
The City, acting through its Mayor's Office of Public Safety ("Mayor's Office"),
acts as the pass -through entity for this subaward of the Federal award to
Subrecipient.
§1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward ("Subaward") of the Federal
award upon the terms and conditions set forth in this Agreement:
Subaward amount: $ 11,679.00
Subaward Period of Performance ("Term"): September 1, 2021
to May 31, 2024
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Agreement No. 6370
Match Requirement: None
Subrecipient Identifier:
Indirect Cost Rate for Subaward None
The term of this Agreement shall be the Term" as set forth in this Section 1.2
§1.3 Parties and Notice
The Parties to this Agreement, and their respective representatives who are
authorized to administer this Agreement and to whom formal notices, demands
and communications shall be given are as follows:
Party:
Authorized Representative:
Authorized Department:
Address, Phone, Fax, E-mail
City of Los Angeles
Brian K. Williams, Deputy Mayor
Mayor's Office of Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0600
Email:
Party: City of El Segundo
Julissa Solano, Management Analyst
El Segundo Police Department
348 Main Street
El Segundo, CA 90245
Phone: (310) 524-2278
Email:
Formal notices, demands and communications to be gien hereunder by either
Party shall be made in writing and may be effected by personal delivery or by
registered or certified mail, postage prepaid, return receipt requested and shall
be deemed communicated as of the date of mailing. If the name of the person
designated to receive the notices, demands or communications or the address of
such person is changed, written notice shall be given, in accordance with this
section, within five business days of said change.
§1.4 Authorities
The Los Angeles City Council and the City's Mayor have accepted the Federal
award and have authorized the City to execute this Agreement
/_/22)
Subrecipient warrants that it has obtained written authorization from its governing
board or authorized body to execute this Agreement and accept and use the
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Agreement No. 6370
Subaward. Subrecipient further warrants that such written authorization specifies
that Subrecipient, governing board or authorized body agree:
a. That any liability arising out of the performance of this Agreement shall be
the responsibility of Subrecipient, governing board or authorized body.
b. That Subaward funds shall not be used to supplant expenditures
controlled by governing board or authorized body.
C. That the official executing this Agreement is authorized to do so.
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Agreement No. 6370
II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summa,ry of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply
with all terms and conditions set forth in this Agreement, which includes all
guidance, regulations and requirements (collectively, "Requirements") of the
Federal awarding agency and CalOES that are applicable to a recipient and/or
Subrecipient of a Federal award or grant. Such Requirements are set forth in the
following documents and incorporated herein by this reference: (1) Department
of Homeland Security FY 2021 Homeland Security Grant Program Notice of
Funding Opportunity ("DHS NOFO"), (2) FY 2021 DHS Standard Terms and
Conditions ("DHS Standard Conditions") (Exhibit A), (3) FEMA Information
Bulletins ("IB"), (4) CalOES 2021 Homeland Security Grant Program California
Supplement to the Federal Notice of Funding Opportunity ("CalOES
Supplement"), (5) CaIOES 2021 Standard Assurances for All CalOES Federal
Grant Programs ("CalOES Assurances") (Exhibit B), (6) CalOES Grant
Management Memos ("GMM"), and (7) the cost principles, uniform administrative
requirements and audit requirements for federal grant programs as housed in
Title 2, Part 200 of the CFR and in updates issued by the Office of Management
and Budget ("OMB") on hllp�:///www.whitehouse.gov/omb.
Subrecipient hereby certifies that it has the institutional, managerial and financial
capability to ensure proper planning, management and completion of its projects
being funded by the Subaward (Exhibit C).
§2.2 City Administrative Require
A. Subrecipient acknowledges and agrees that the City is acting as a "pass -
through entity" (as such term is defined in 2 CFR §200.74 and used in this
Agreement) for this Subaward and that the City shall have the rights and
obligations relating to this Subaward and its administration as set forth in
this Agreement and in 2 CFR Part 200.
B. Subrecipient and the City have previously completed a mutually approved
Budget/Expenditure Plan as incorporated in the Financial Management
Forms Workbook (the "Workbook"), which is pending approval by CaIOES
(the "Budget") and is attached hereto as Exhibit C. Upon approval by
CalOES, such Budget shall be the effective Budget for this Agreement.
The Workbook contains detailed listings of items and projects and the
amount of Subaward funds allocated for such items and projects. The
City shall provide Subrecipient with an electronic Workbook of
Subrecipient's projects. Subrecipient shall use the Subaward funds strictly
in accordance with the Workbook, and any expenditures not so made shall
be deemed disallowed under this Subaward.
Any request by Subrecipient to modify the Workbook must be made in
writing and accompanied by a completed Modification Request Form
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Agreement No. 6370
(attached hereto as Exhibit D), all required supporting documentation and
a revised Workbook showing such modification. Workbook modification
requests must be submitted prior to deadlines set by the City. Inaccurate
or incomplete requests shall be returned to the Subrecipient for revision.
Subrecipient shall not expend any funds on modified Workbook items until
such modification is approved by the City and CalOES.
C. Subrecipient previously submitted to the City a Project Application in
connection with the Subaward, which included a Project Timeline ("Project
Timeline") setting forth milestones and completion dates for projects
funded under the Subaward. Subrecipient shall manage its projects in
accordance with the Project Timeline and provide, in a timely manner, any
plans and reports requested by the City regarding the status of such
projects. If a Workbook modification request requires a modification to the
Project Timeline, Subrecipient shall update the Project Timeline
accordingly and submit it along with its Workbook modification request for
approval.
D. Subrecipient shall complete and deliver to the City all forms required by
CalOES pertinent to the implementation of Subrecipient's projects under
the Subaward. Such forms, which are collectively attached hereto as
Exhibit E, include: (1) an aviation equipment request form, (2) a watercraft
equipment request form, (3) an Environmental and Historical Preservation
("EHP") request form, and (4) a sole source procurement request form.
Approval of such requests and forms shall be made by the City and
CalOES in their respective sole discretion. Subrecipient acknowledges
that all such forms must be approved by the City and CalOES prior to
expending Subaward funds. Failure to gain advance approval of such
completed requests and forms by the City and CalOES may result in the
disallowance of such costs incurred by Subrecipient.
E. Subrecipient agrees that any equipment, product, service or activity
funded with this Subaward shall comply with any and all technological
and/or interoperability specifications and standards as may be approved
by the LA/LBUA region, and any such equipment, product, service or
activity not so compliant shall be not eligible for funding by this Subaward.
Subrecipient shall further ensure that it retains from its contractors,
subcontractors, and vendors all rights related to inventions, copyrightable
materials, and data for which the Federal awarding agency and CalOES
has rights to, as more fully set forth in 2 CFR §315 and Section 2.3.P. of
this Agreement.
F, Any "equipment" (as such term is defined in 2 CFR §200.33 and used in
this Agreement) acquired or obtained with Subaward funds: (1) shall be
made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement in consultation with
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Agreement No. 6370
representatives of the various fire, emergency medical, hazardous
materials response services, and law enforcement agencies within the
jurisdiction of the LA/LBUA, 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; (2) shall be consistent with needs as identified in the
State Homeland Security Strategy and will be deployed in conformance
with that Strategy; and (3) shall have an LA/LBUA identification decal
affixed to it, and, when practical, shall be affixed where it is readily visible
and prominently marked as follows: "Purchased with funds provided by
the U. S. Department of Homeland Security."
Subrecipient shall take a physical inventory of all equipment acquired or
obtained with Subaward funds and reconcile the results with equipment
records at least once every year.
& This Subaward is not a "fixed amount award" as such term is defined in 2
CFR §200.45. Subrecipient agrees that disbursement of this Subaward to
Subrecipient shall be made on a reimbursement method. If Subrecipient
requests advance payment of Subaward funds, Subrecipient shall comply
with, and provide evidence to the City of compliance with, the criteria and
obligations related to the use of advance payments as set forth in 2 CFR
§200.305 as well as satisfying any other City and CalOES requirements
for advance payments.
In requesting reimbursement from Subaward funds, Subrecipient shall
provide to the City a completed Reimbursement Request Form (attached
hereto as Exhibit D) along with invoices, purchase orders, proof of
delivery, proof of payment and payroll records, timesheets, receipts and
any other supporting documentation necessary to fully and accurately
describe the expenditure of funds for which reimbursement from the
Subaward is requested (collectively, the "Reimbursement Request"). All
such supporting documentation for the Reimbursement Request shall
satisfy applicable Federal, State and City audit and review standards and
requirements. Such documentation shall be prepared at the sole expense
and responsibility of Subrecipient, and the City and the Subaward will not
reimburse the Subrecipient for any costs incurred for such preparation.
The City reserves the right to request additional supporting documentation
to substantiate costs incurred at any time. Inaccurate and/or incomplete
Reimbursement Requests shall be returned to Subrecipient for revision.
The City shall forward Reimbursement Requests to CaIOES for payment
within thirty (30) days of receipt, provided such request is deemed
accurate and complete. The City shall reimburse Subrecipient within thirty
(30) days of its receipt of funds from CaIOES.
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Agreement No. 6370
Final Reimbursement Requests for this Subaward must be received by the
City no later than One Hundred Twenty (120) days prior to the end of the
Term to allow the City sufficient time to complete close-out activities for
this Subaward (the "Reimbursement Deadline"). Any Reimbursement
Request submitted after the Reimbursement Deadline shall be rejected
unless approved by the Mayor's Office in advance of the Reimbursement
Deadline. After the Reimbursement Deadline, any unexpended Subaward
funds may be re -directed to other needs across the LA/LBUA region. The
City will notify Subrecipient, in writing, when unexpended Subaward funds
may be re -directed.
H. Subrecipient acknowledges that the City makes no commitment to
disburse Subaward funds beyond the terms set forth herein and that
funding for all periods during the Subaward Term is subject to the
continuing availability to the City of federal funds for this Subaward from
CalOES and the Federal awarding agency. This Agreement may be
terminated immediately upon written notice to Subrecipient of any loss or
reduction of Subaward funds.
Subrecipient shall comply with all federal, state, and local laws and
regulations for vaccine requirements. Each Subrecipient shall comply with
their own policies and mandates for Covid-19 vaccine requirements.
§2.3 DHS and CaIOI S Re uiremen
Subrecipient shall comply with all Requirements promulgated by DHS (which is
the Federal awarding agency for this Subaward) and CalOES which are
applicable to this particular Subaward and set forth in Section 2.1. Some of
these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that
have been budgeted for the same purpose through non-federal sources.
Upon request by the City, CalOES and/or the Federal awarding agency,
Subrecipient shall be required to demonstrate and document that a
reduction in non -Federal resources occurred for reasons other than the
receipt or expected receipt of Subaward funds. Subrecipient shall not
charge any costs allocable under this Subaward to any other Federal
award to overcome fund deficiencies, to avoid restrictions imposed by
Federal statutes, regulations, or terms and conditions of Federal awards,
or for other reasons. Subrecipient shall not be delinquent in the
repayment of any Federal debt. Subrecipient must request instruction
from the City and CalOES for proper disposition of any original or
replacement equipment acquired with Subaward funds.
B, Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729-
3733, which sets forth that no subgrantee, recipient or subrecipient of
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Agreement No. 6370
federal funds or payments shall submit a false claim for payment,
reimbursement or advance. Subrecipient agrees to be subject to the
administrative remedies as found in 38 U.S.C. Section 3801-3812 for
violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific
Acknowledgements and Assurances section set forth in the DHS Standard
Conditions and the Reporting Accusations and Findings of Discrimination
section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political
Activities section set forth in the CalOES Assurances. In connection
thereto, Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of Subrecipient, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, Subrecipient shall complete and submit Standard
Form-LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.
3. Subrecipient shall require that the language of this certification be
included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C.
§§1501-1508 and §§7324-7328) which limits the political activities of
employees whose principal employment activities are funded in whole or
in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR
§200.213 and codified in 2 CFR Part 180, Subrecipient shall provide
protection against waste, fraud and abuse by debarring or suspending
UASI 21 Subaward Agreement 8
Agreement No. 6370
those persons deemed irresponsible in their dealings with the Federal
government. Subrecipient hereby certifies that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
2. Have not within a three-year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (Federal, State, or local) with commission of
any of the offenses enumerated in paragraph 2.3.G.b. above; and
4. Have not within a three-year period preceding this Agreement had one
or more public transactions (Federal, State, or local) terminated for
cause or default.
F. Subrecipient shall comply with the Drug -Free Workplace Act of 1988 (41
U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection
thereto, Subrecipient hereby certifies that it will or will continue to provide
a drug -free workplace and a drug -free awareness program as outlined in
such Act.
G. Subrecipient shall comply with all Federal statutes relating to non-
discrimination, including, without limitation, those statutes and provisions
set forth in the Non -Discrimination and Equal Employment Opportunity
section of the CalOES Assurances.
Subrecipient hereby certifies that it will comply with the Americans with
Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing
regulations (ADA), the Americans with Disabilities Act Amendments Act of
2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section
504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C.
794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility
Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C.
3601, et seq.; 24 CFR Parts 100, 103, and 104 (FHA) and all
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
UASI 21 Subaward Agreement 9
Agreement No. 6370
accordance with the provisions of the ADA, the ADAAA, the Rehab Act,
the UFAS and the FHA and all subsequent amendments. Subrecipient
will not discriminate against persons with disabilities or against persons
due to their relationship to or association with a person with a disability.
Any contract entered into by Subrecipient (or any subcontract thereof),
relating to this Agreement, to the extent allowed hereunder, shall be
subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
Environmental Standards section of the CalOES Assurances.
I. Subrecipient shall comply with the provisions set forth in the Reporting -
Accountability section of the CalOES Assurances, which relate to
compliance with the Federal Funding Accountability and Transparency Act
and statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human
Trafficking section of the CalOES Assurances, which relate to compliance
with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor
Standards section and Worker's Compensation section of the CalOES
Assurances, which relate to compliance with various Federal statutes
regarding labor standards and State worker's compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property -
Related section of the CalOES Assurances and the provisions applicable
to construction projects as set forth in the Certifications Applicable to
Federally -Funded Construction Projects section of the CaiOES
Assurances.
M, Subrecipient acknowledges the applicability of the Freedom of Information
Act and the California Public Records Act to certain information as more
fully set forth in the Freedom of Information Act section of the CalOES
Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best
Practices for Collection and Use of Personally Identifiable Information (Pll)
section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the
Acknowledgement of Federal Funding from DHS and Use of DHS Seal,
Logo and Flags section of the CalOES Assurances, which relate to
requirements for acknowledging the use of federal funds and obtaining
approval for use of various DHS seals and logos.
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P. Subrecipient shall affix applicable copyright notices as required under the
Copyright section of the CalOES Assurances and shall comply with and
be subject to the provisions set forth in the Patents and Intellectual
Property Rights section of the DHS Standard Conditions and the CalOES
Assurances.
Q. If the total value of Subrecipient's currently active grants, cooperative
agreements, and procurement contracts from all Federal assistance office
exceeds $10,000,000.00 for any period of time during the period of
performance of this Subaward, Subrecipient shall comply with the
provisions set forth in the Reporting of Matters Related to Recipient
Integrity and Performance section of the DHS Standard Conditions and
the CalOES Assurances.
R. Subrecipient shall comply with the SAFECOM Guidance for Emergency
Communication Grants when using Subaward funds in connection with
emergency communication equipment, including provisions on technical
standards that ensure and enhance interoperable communications.
S. Subrecipient shall establish safeguards to prohibit employees from using
their positions for a purpose that constitutes, or presents the appearance
of personal or organizational conflict of interest or personal gain.
Subrecipient shall comply with all Federal and State conflict of interest
laws and regulations.
T. Subrecipient shall comply with California Vehicle Code sections 23123
and 23123.5, and the provisions set forth in the Use of Cellular Device
While Driving is Prohibited section of the CalOES Assurances.
U, Subrecipient must ensure that any project activities carried on outside the
United States are coordinated as necessary with appropriate government
authorities and that appropriate licenses, permits, or approvals are
obtained.
V. Subrecipient shall comply with the provisions set forth in the following
sections of the DHS Standard Conditions and the CalOES Assurances; (1)
Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of
1990, (3) Terrorist Financing E.O. 13224, (4) USA Patriot Act of 2001, (5)
Fly America Act of 1974, and (6) Whistleblower Protections and
Whistleblower Protection Act.
W. Subrecipient acknowledges and shall comply with the following Special
Conditions and Corrective Actions applicable to this UASI 21 Subaward:
1. Subaward funding is subject to restricted drawdown for the duration of
the Term;
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Agreement No. 6370
2. Subrecipient shall submit sufficient documentation to support
expenditures prior to reimbursement or advance of funds.
Documentation must include invoices, timesheets, evidence supporting
overtime and backfill costs, cancelled checks or other proof of
payment, and copies of related contracts (See §2.2.G). CalOES may
request additional procurement material. CalOES will not issue
reimbursement or advance payment until the documentation is
reviewed and the payment is determined to be adequately supported;
3. The professional services agreement between Motorola and LA-RICS
for the LMR System may not be used to purchase subscriber
equipment unless meeting one of four federal exceptions to
necessitate noncompetitive procurement;
4. Failure to comply with these conditions may result in disallowed costs
or additional restrictions on current and future subaward funding,
pursuant to 2 CFR §200.205 and §200.338.
Subrecipient acknowledges that this Subaward is a Federal award" as such term
is defined in 2 CFR §200.38 and that Subrecipient's use of this Subaward is
subject to the uniform administrative requirements, cost principles, and audit
requirements for Federal awards which are codified in 2 CFR Part 200 (the
"Uniform Requirements"). Subrecipient agrees that it is considered a "non -
Federal entity" and a "sub recipient" as such terms are defined in 2 CFR §§200.69
and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and
be subject to, all provisions, regulations and requirements applicable to a
"subrecipient" and a "non -Federal entity" as set forth in the Uniform
Requirements. Further, Subrecipient agrees that the City and CalOES are each
a "pass -through entity" as such term is defined in 2 CFR §200.74 and that each
of them shall have the rights and remedies of a "pass -through entity" in relation to
this Subaward and Subrecipient as set forth in the Uniform Requirements.
Without limitation, some of these Uniform Requirements are set forth below in
this Section 2.4.
A. Subrecipient shall disclose to the City any potential conflict of interest in
connection to this Subaward and its use in accordance with 2 CFR
§200.112.
B. Subrecipient shall comply with the mandatory disclosure requirements for
violations of Federal criminal law involving fraud, bribery, or gratuity as set
forth in 2 CFR §200.113.
C, Subrecipient acknowledges that the City may impose additional specific
conditions to this Subaward in accordance with 2 CFR §200.207, and
Subrecipient shall comply with such conditions, including, but not limited
to, the sampling of procurements and equipment to ensure grant
compliance during the City's bi-annual monitoring. Subrecipient shall also
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Agreement No. 6370
submit any annual certifications and representations deemed required by
the City in accordance with 2 CFR §200.208.
D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non -Federal entity
regarding financial management and the establishment of a financial
management system, all as more fully set forth in 2 CFR §200.302.
Further, Subrecipient shall comply with the requirements set forth in 2
CFR §200.303, which relate to certain obligations required of Subrecipient
to maintain internal controls over the use of this Subaward.
Subrecipient shall complete and submit an annual Grants Management
Assessment Form to the City (Exhibit F) to evaluate risk and determine
grant funding eligibility.
E. In the event this Subaward requires cost sharing or matching of funds
from Subrecipient, Subrecipient shall comply with the cost sharing and
matching requirements set forth in 2 CFR §200.306.
F. Subrecipient shall comply with the requirements relating to program
income as more fully set forth in 2 CFR §200.307.
G. Property Standards
When property (real, tangible or intangible) is, in whole or in part,
improved, developed, purchased or otherwise acquired with Subaward
funds, Subrecipient shall comply with the regulations set forth in 2 CFR
§§200.310 through 200.316 ("Property Regulations"). These Property
Regulations include, without limitation, provisions related to the following:
1 M Requirements for insurance coverage for real property and
equipment.
2. Requirements for title, use, disposition and transfer of title of "real
property" (as defined in 2 CFR §200.85).
3. Regulations involving Federally -owned and exempt property.
4. Requirements for title, use, management (including recordkeeping,
inventory, control systems and maintenance procedures), and
disposition of "equipment" (as defined in 2 CFR §200.33).
5. Requirements for title, use and disposition of "supplies" (as defined
in 2 CFR §200.94).
6. Requirements for title, rights, use and disposition of "intangible
property" (as defined in 2 CFR §200.59). Such requirements
include, without limitation, (a) a reservation of rights by the Federal
awarding agency to a royalty -free, non-exclusive and irrevocable
right to use certain copyrighted work or work subject to copyright,
(b) the rights of the Federal government to data produced under the
Subaward, (c) the applicability of the Freedom of Information Act to
UASI 21 Subaward Agreement 13
Agreement No. 6370
certain research data produced or acquired under the Subaward,
and (d) Subrecipient's compliance with applicable regulations
governing patents and inventions, including government wide
regulations codified at 37 CFR Part 401.
Subrecipient agrees that it shall hold in trust all real property, equipment
and intangible property acquired, developed or improved with Subaward
funds in accordance with the provisions set forth in 2 CFR §200.316.
H, Procurement and Contracting Regulations
When procuring and/or contracting for property and/or services that are to
be paid or reimbursed by any amount of Subaward funds, Subrecipient
shall comply with all regulations applying to "non -Federal entities" as set
forth in 2 CFR §§200.318 through 200.326 (the "Procurement
Regulations"). These Procurement Regulations include, without limitation,
provisions requiring the following:
1. Documentation and use of procurement procedures in compliance
with Procurement Regulations.
2. Contracting oversight and maintenance of written standards of
conduct covering conflicts of interest.
3. Compliance with federal standards regarding procurement and
award of contracts, competition, and procurement methods.
4. Affirmative steps required to encourage contracting with small and
minority businesses, women's business enterprises, and labor
surplus area firms.
5. Compliance with Section 6002 of the Solid Waste Disposal Act in
the procurement of recovered materials.
6. Requirement to perform a cost or price analysis in connection with
procurements.
7. Bonding requirements.
8. Requirement to make procurement documentation available for
review by the City, CalOES and the Federal awarding agency.
In addition, Subrecipient must include in all of its contracts paid or
reimbursed in whole or in part with Subaward funds the provisions set
forth in Appendix II to 2 CFR Part 200 (Contract Provisions for non -
Federal Entity Contracts under Federal Awards) as required by 2 CFR
§200.326.
Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a non -
Federal entity as set forth in 2 CFR §200.328, which requires the
Subrecipient to oversee and monitor activities supported by the Grant to
UASI 21 Subaward Agreement 14
Agreement No. 6370
assure compliance with applicable Federal requirements and performance
expectations. Further, Subrecipient shall comply with the financial and
performance reporting requirements for a non -Federal entity as set forth in
2 CFR §§200.327 to 200.329 and any other reporting requirements that
may be promulgated by the Federal awarding agency, CalOES or the City
in accordance with such regulations. Such reporting requirements include
the provision of any information required for the assessment or evaluation
of any activities funded by the Subaward and the reporting of information
related to real property in which the Federal government retains an
interest.
Subrecipient acknowledges that the City, as a "pass -through entity," may
make various findings, determinations, evaluations and reports regarding
Subrecipient and its use of Subaward funds, as set forth in 2 CFR
§§200.330 to 200.332. In accordance with such regulations, Subrecipient
shall comply with, and timely grant to the City and its auditors, any
monitoring requests, requests for on -site access to facilities, equipment
and personnel, and requests for any other information as may be
authorized under such regulations. Subrecipient shall also timely grant to
the City and its auditors access to Subrecipient's records and financial
statements as required under 2 CFR §200.331(a)(5). In addition,
Subrecipient shall comply with any conditions that may be placed upon
Subrecipient as part of the City's risk evaluation of Subrecipient under 2
CFR §200.331(b).
Record Retention and Access
Subrecipient shall comply with all records retention, maintenance, storage,
transmission, and collection requirements applicable to a non -Federal
entity as set forth in 2 CFR §§200.333 to 200.335.
In accordance with the provisions set forth in 2 CFR §200.336,
Subrecipient hereby grants the Federal awarding agency, the Inspectors
General, the Comptroller General of the United States, CalOES, and the
City, or any of their authorized representatives, the right of access to any
documents, papers, or other records of Subrecipient which are pertinent to
the Subaward, in order to make audits, examinations, excerpts, and
transcripts. This right also includes timely and reasonable access to
Subrecipient's personnel for the purpose of interview and discussion
related to such documents. These access rights shall not be limited to
any required record retention period but last as long as the records are
retained, and access shall not otherwise be limited unless as specifically
permitted under 2 CFR §§200.336 to 200.337.
Subrecipient shall require any of its subrecipients, contractors,
successors, transferees and assignees to acknowledge and agree to
comply with the provisions of this Section.
UASI 21 Subaward Agreement 15
Agreement No. 6370
K. Cost Principles
Subrecipient shall comply with the cost principles for federal awards as set
forth in 2 CFR Part 200 Subpart E ("Cost Principles"). Subrecipient
acknowledges and agrees that any costs incurred by Subrecipient may
only be charged to or reimbursed by Subaward funds if it is incurred in
compliance with all Requirements for the Subaward and is also deemed
allowable and allocable under the Subaward in accordance with the
provisions set forth in the Cost Principles.
L. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and
agrees that it is subject to the provisions set forth in 2 CFR Part 200
Subpart F ("Audit Requirements"). Subrecipient shall comply with all
provisions applicable to a non -Federal entity and an "auditee" (as defined
in 2 CFR §200.6) as set forth in such Audit Requirements, including the
requirement to conduct a single audit if applicable.
M. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non -Federal
entity as it pertains to the closeout of this Subaward as set forth in 2 CFR
§200.343. Subrecipient acknowledges and agrees that it shall continue to
comply with the post closeout obligations set forth in 2 CFR §200.344 after
closeout of the Subaward and expiration of the Term of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 21 Subaward Agreement 16
Agreement No. 6370
III. STANDARD PROVISIONS
§3.1 Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the City. No employee of Subrecipient is, or shall be, an employee
of the City by virtue of this Agreement, and Subrecipient shall so inform each
employee organization and each employee who is hired or retained under this
Agreement. Subrecipient shall 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 City by virtue of this Agreement.
§3.2 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for
convenience and shall not be deemed to affect the meaning or construction of
any of the terms or provisions hereof. The language of this Agreement shall be
construed according to its fair meaning and not strictly for or against either party.
The word "Subrecipient" herein and in any amendments hereto includes the party
or parties identified in this Agreement. The singular shall include the plural. If
there is more than one Subrecipient as identified herein, unless expressly stated
otherwise, their obligations and liabilities hereunder shall be joint and several.
Use of the feminine, masculine, or neuter genders shall be deemed to include the
genders not used.
§3.3 Applicable Law Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, the County and City of Los
Angeles, including but not limited to, laws regarding health and safety, labor and
employment, wage and hours and licensing laws which affect employees. This
Agreement shall be enforced and interpreted under the laws of the State of
California without regard to conflict of law principles. Subrecipient shall comply
with new, amended, or revised laws, regulations, and/or procedures that apply to
the performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state and federal
courts located in Los Angeles County, California.
If any part, term or provision of this Agreement shall be 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 remaining parts, terms
or provisions of this Agreement shall not be affected thereby.
§3.4 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.
UASI 21 Subaward Agreement 17
Agreement No. 6370
§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§3.6 Breach
Except for excusable delays as described in §3.5 herein, 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 no event shall any party recover more than once, suffer a penalty or forfeiture,
or be unjustly compensated.
Subrecipient may not, unless it has first obtained the written permission of the
City:
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.
§3.8 Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties hereto, as between themselves, pursuant to the authorization
contained in Sections 895.4 and 895.6 of said Code, will 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 Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto 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.
UASI 21 Subaward Agreement 18
Agreement No. 6370
A. Pursuant to Government Code Sections 895.4 and 895.6, the parties shall
each assume the full liability imposed upon it, or any of its officers, agents
or employees, by law for injury caused by any negligent or wrongful act or
omission occurring in the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss,
costs, or expenses that may be imposed upon such other party by virtue
of Government Code section 895.2, which imposes joint civil liability upon
public entities solely by reason of such entities being parties to an
agreement, as defined by Government Code section 895.
C. In the event of third -party loss caused by negligence, wrongful act or
omission by both Parties, each party shall bear financial responsibility in
proportion to its percentage of fault as may be mutually agreed or judicially
determined. The provisions of Civil Code Section 2778 regarding
interpretation of indemnity agreements are hereby incorporated.
§3.9 Subcontractor Assurances
Subrecipient shall contractually obligate all of its contractors, subcontractors and
vendors funded by Subaward funds as may be required to ensure that
Subrecipient can comply with all of the Requirements and other provisions of this
Agreement.
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to
comply with the terms and conditions of this Agreement or with any
Requirements referenced in Section 2.1 above, the Federal awarding agency,
CalOES or the City shall have the right to take one or more of the actions set
forth in 2 CFR §200.338. Such actions may include, without limitation, the
withholding of cash payments, suspension and/or termination of the Subaward,
and the disallowing of certain costs incurred under the Subaward. Any costs
incurred by Subrecipient during a suspension or after termination of the
Subaward shall not be considered allowable under the Subaward unless allowed
under 2 CFR §200.342. Subrecipient shall be liable to the Federal awarding
agency, CalOES and the City for any Subaward funds the Federal awarding
agency or CalOES determines that Subrecipient used in violation of any
Requirements reference in Section 2.1 above, and Subrecipient shall indemnify
and hold harmless the City for any sums the Federal awarding agency or
CalOES determines Subrecipient used in violation of such Requirements.
Subrecipient shall be granted the opportunity to object to and challenge the
taking of any remedial action by the Federal awarding agency, CalOES or the
City in accordance with the provisions set forth in 2 CFR §200.341.
§3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to
disburse to or reimburse Subrecipient in connection thereto, may be terminated
in whole or in part by the Federal awarding agency, CalOES or the City as set
forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the
UASI 21 Subaward Agreement 19
Agreement No. 6370
Subaward only as set forth in 2 CFR §200.339. In the event the Subaward is
terminated, all obligations and requirements of this Agreement and the Grant
shall survive and continue in full force and effect in connection with any portion of
the Subaward remaining prior to such termination, including, without limitation,
the closeout and post closeout requirements set forth in this Agreement.
§3.12 Amendments
Any change in the terms of this Agreement, including the performance period of
the Subaward and any increase or decrease in the amount of the Subaward,
which are agreed to by the City and Subrecipient shall be incorporated into this
Agreement by a written amendment properly executed and signed by the person
authorized to bind the parties thereto.
§3.13 Complete A reement
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 and neither verbal agreement nor
conversation with any officer or employee of either party shall affect or modify
any of the terms and conditions of this Agreement.
This Agreement may be executed in one or more counterparts, and by the
parties in separate counterparts, each of which when executed shall be deemed
to be an original but all of which taken together shall constitute one and the same
agreement. The parties further agree that facsimile signatures or signatures
scanned into .pdf (or signatures in another electronic format designated by City)
and sent by e-mail shall be deemed original signatures.
This Agreement includes twenty-one (21) pages and six Exhibits which constitute
the entire understanding and agreement of the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 21 Subaward Agreement 20
Agreement No. 6370
IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward
Agreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM:
For: THE CITY OF LOS ANGELES
MICHAEL N. FEUER, City Attorney
ERIC GARCETTI, Mayor
By
By
Eric Garcetti, Mayor
Deputy City Attorney
Mayor's Office of Public Safety
Date 11 /22/22
Date
ATTEST:
HOLLY L. WOLCOTT, City Clerk
�.-
By
Deputy City Clerk
Date 11/22/2022
APPROVED AS TO FORM:
For: CITY OF EL SEGUNDO
ByUL
By
[ torney] II)OV, 1 CAY ac,
Date
Date
[SEAL]
ATTEST:
By
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: C.F. # 21-1320; Date of Approval: 520' /22
City Contract Number:
UASI 21 Subaward Agreement 21
Agreement No. 6370
IN WITNESS WHEREOF, the City and Subrecipient
have caused this Subaward
Agreement to be executed by their duly authorized
representatives.
APPROVED AS TO FORM:
For THE CITY OF LOS ANGELES
HYDEE FELDSTEIN SOTO,
KAREN BASS, Mayor
City Attorney
By 6a&4,1g 1/
�„.
B Y
Barak Vaughn, Deputy City Attorney
Karen Bass, Mayor
Mayor's Office of Public Safety
Date 07/28/23
Date 08/08/23
w_.................
ATTEST:
HOLLY L. WOLCOTT, City Clerk
�.M
By
Deputy City Clerk
Date 8-9-23
....
APPROVED AS TO FORM:
_-
For: CITY OF EL SEGUNDO
By
By
[Attorney]
Date
Date
ATTEST:
[SEAL]
By
Date
City Business License Number:
_. ...........
Internal Revenue Service ID Number:
Council File/OARS File Number: C.F. # 21-1320;
Date of Approval: 05/20/22
City Contract Number: C-142001
UASI 21 Subaward Agreement 22
Agreement No. 6370
EXHIBIT A
Agreement No. 6370
2021 DHS Standard Terms and Conditions
The 2021 DHS Standard Terms and Conditions applyto all new federal financial assistance awards
funded in FY 2021. These terms and conditions flow down to subrecipients, unless an award
term or condition specifically indicates otherwise. The United States has the right to seek
judicial enforcement of these obligations.
DHS financial assistance recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances _..Non -Construction Programs, or OMB Standard _F rim 424D,
Assurances — Constructi n P-rog rams 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 applicable
to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any
questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at
Title 2 Code of d ral Re ulations C,F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that
the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable
federal laws, and relevant Executive guidance.
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to
comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by
DHS.
2. Recipients must give DHS access to, and the right 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, personnel, and other individuals and information as may be necessary, as
required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in programguidance.
5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation
Tool within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies,
thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding
component agency. After the initial submission for the first award under which this term applies,
recipients are required to provide this information once every two (2) years if they have an active
award„ not every time an award is made. Recipients should submit the completed tool, including
supporting materials, to CivilRi h Evaluation h ,dhs. ov. This tool clarifies the civil rights
obligations and related reporting requirements contained in the DHS Standard Terms and
Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation
tool can be found at htt sa .d s. ovi ublicationldhs-civil-ri hts-evaluation-total.
DHS Standard Terms and Conditions Version 11.4 1 February 17, 2021
Agreement No. 6370
2021 DHS Standard Terns and Conditions
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if
the recipient identifies steps and a timeline for completing the tool. Recipients should request
extensions by emailing the request to CivilRi htsPvalua `on h ,dhs. ov prior to expiration of the 30-day
deadline.
Recipients must acknowledge their use of federal 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 funds.
II.
Recipients must ensure that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
Ill.
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub.L No.
94-135 (1975) (codified as amended at Title 42 U.S. Code 6101 et se ,), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV.
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.
V. Recipients
who collect personally identifiable information (PII) 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: Privaoy Guidance and Privacy
Template as useful resources respectively.
VI. Civil Rights Act of 1964 — Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964
(codified as amended at 42 U.S.C, § 20004 et seg.), 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 and 44 C.F.R., Part 7.
Vll. Civil Riahts Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as
amended throw h Pub. L, 13-4, 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 (see 42 U.S.C.
4 3601 et sea.), 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
DHS Standard Terms and Conditions Version 11.4 z February 17, 2021
Agreement No. 6370
2021 DHS Standard Terms and Conditions
buildings without elevators) —be designed and constructed with certain accessible features. (See
24 C.F.R. Part J0Q, Sub art Q.)
Vill. Copyright
Recipients must affix the applicable copyright notices of 1'7 U.S.C. §§ 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work
first produced under federal financial assistance awards.
IX.
Recipients are subject to the non -procurement debarment and suspension regulations
implementing Executive Orders (E.C.) 1_ 49 and 12689, which are at 2 C.F.R. Part 180 as
adopted by DHS at 2 C.F.R. Part 3000, These regulations restrict federal financial assistance
awards, subawards, and contracts with certain parties that are debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs or
activities.
x
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 Sec. 5152-5158 of the Drug -Free Workplace Act of 1988
(41 U.S.C. 8101-8106).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part
200, Subpart E may not be charged to other federal financial assistance awards to overcome
fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal
financial assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or
more awards in accordance with existing federal statutes, regulations, or the federal financial
assistance award terms and conditions.
XII.
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972,
Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 16 1 at seg.), 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 and 44 C,F.RPart 19
XIII.
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et sea.), ), which contain
policies relating to energy efficiency that are defined in the state energy conservation plan
issued in compliance with this Act.
XIV.
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. F4&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.)
Federal Debt States
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
DHS Standard Terms and Conditions Version 11.4 3 February 17, 2021
Agreement No. 6370
2021 DENS Standard Terms and Conditions
overpayments. (See OMS Circular A-129.)
XVI.
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving
as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the
Order when on official government business or when performing any work for or on behalf of the
federal government.
XVII. Fill America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates
under 49 U.S.C. § 41102) for international air transportation of people and property to the extent
that such service is available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974,49 t & . 401 1818, 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.
XVlll.
In accordance with Section 6 of the Hotel and Motel Fire SafetyActof 1990,15 U.S.C.
2225a, recipients must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and control
guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15
U.S.C. 4 2225.)
xlx
Pi comply 9 ( _2000 ' et
Recipients must corn I with Title VI of the Civil Rights Act of 1964 42 t�. S.C.
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: hftps://www.dhs.goyLguidance- ublished-hel -de artrnent-
su orted-or anizations ovide-meanie ful-acres - o io-Iimited and additional resources
on http:/Avww.lep.gov.
XX. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. fz 1352, which provides that none of the funds provided
under a federal financial assistance 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.
XXI.
Recipients must comply with the requirements of the National Fnv#on ental Policy Act of 1969
(NEPA,) Pub. L. 91-190 1970 (codified as amended at 42 U.S.C. § 4321 et seg.. ,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.
XXII.
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
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and other applicable statues, regulations, and guidance governing the participations of faith -
based organizations in individual DHS programs.
XXIII.
Recipients receiving federal financial assistance awards made under programs that prohibit
supplanting by law must ensure that federal funds do not replace (supplant) funds that have
been budgeted for the same purpose through non-federal sources.
XXIV.
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding
Opportunity (NOFO) for this program are incorporated here by reference in the award terms
and conditions. All recipients must comply with any such requirements set forth in the program
NOFO.
Recipients are subject to the Bayh-Dole Act 35 U.&C. 200 el seq unless otherwise
provided by law. Recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from
federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent
rights clause located at 37 C.F.R. § 401.14.
States, political subdivisions of states, and their contractors must comply with Section 6002 of
the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource
Conservation and Recovery Act, 42 U.S.C. & 6962.) The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 C.F.R. P rt 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
X)MI. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973,
Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. 4 7941) 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.
1. General Reporting Requirements
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 this federal award, then the recipients during that period
of time must maintain the currency of information reported to the System for Award
Management (SAM) that is made available in the designated integrity and performance
system (currently the Federal Awardee Performance and Inte ri Information System
FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of this
award term and condition. This is a statutory requirement under Pub. L.110-417, § 72, as
amended 41 U.S.C. 4 2313. As required by Pub. L. 1' 11-212 3010. all information posted
in the designated integrity and performance system on or after April 15, 2011, except past
performance reviews required for federal procurement contracts, will be publicly available.
2. Proceedings about Which Recipients Must Report
Recipients must submit the required information about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or
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procurement contract from the federal government;
b. Reached its final disposition during the most recent five-year period;and
c. One or more of the following:
1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this
award term and condition;
2) A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 ormore;
3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of
fault and liability and the recipient's payment of either a monetary fine or penalty of
$5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
4) Any other criminal, civil, or administrative proceeding if:
a) It could have led to an outcome described in this award term and condition;
b) It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on the recipient's part; and
c) The requirement in this award term and condition to disclose information aboutthe
proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Recipients must enter the information that SAM requires about each proceeding described in
paragraph 2 of this award term and condition in the SAM Entity Management area.
Recipients do not need to submit the information a second time under financial assistance
awards that the recipient received if the recipient already provided the information through
SAM because it was required to do so under federal procurement contracts that the recipient
was awarded.
4. Reporting Frequency
During any period of time when recipients are subject to the main requirement in paragraph
1 of this award term and condition, recipients must report proceedings information through
SAM for the most recent five-year period, either to report new information about any
proceeding(s) that recipients have not reported previously or affirm that there is no new
information to report. Recipients that have federal contract, grant, and cooperative
agreement awards with a cumulative total value greater than $10,000,000 must disclose
semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For the purpose of this award term and condition:
a. Administrative proceeding: means a nonjudicial process that is adjudicatory in nature to
decide fault or liability (e.g., Securities and Exchange Commission Administrative
proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board
of Contract Appeals proceedings). This includes proceedings at the federal and state
level but only in connection with performance of a federal contract or grant. It does not
include
audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction: means a judgment or conviction of a criminal offense by any court of
competent jurisdiction, whether entered upon a verdict or a plea, and includes aconviction
entered upon a plea of nolo contendere.
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c. Total value of currently active grants, cooperative agreements, and procurement contracts
includes-
1) Only the federal share of the funding under any federal award with a recipientcost
share or match; and
2) The value of all expected funding increments under a federal award and options, even if
not yet exercised.
1. Reporting of first tier subawards.
a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term,
the recipient must report each action that equals or exceeds $30, 000 in federal funds for a
subaward to a non-federal entity or federal agency (See definitions in paragraph 5 of this
award term).
b. Where and when to report.
1) Recipients must report each obligating action described in paragraph 1 of this award
term to the Federal Funding Accountabilily.and Transgarency Act. Subaward Re rain
System (FSRS).
2) For subaward information, recipients report no later than the end of the month following
the month in which the obligation was made. For example, if the obligation was made
on November 7, 2016, the obligation must be reported by no later than December 31,
2016. '
c. What to report. The recipient must report the information about each obligating actionthat
the submission instructions posted at httpJ/www.fsrs.gov-
2. Reporting Total Compensation of Recipient Executives.
a. Applicability and what to report. Recipients must report total compensation for
each of the five most highly compensated executives for the preceding completed
fiscal year, if-
1) The total federal funding authorized to date under this federal award equals or exceeds
$30,000 as defined in 2 C.F.R. § 170.320;
2) In the preceding fiscal year, recipients received —
a) Eighty percent or more of recipients' annual gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance
subject to the Federal Funding Accountability and Transparency Act
(Transparency Act)„ as defined at 2 C.F.R. § 170.320 (and subawards);
and
b) $25,000,000 or more in annual gross revenues from federal procurement
contracts (and subcontracts) and federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards);and
c) The public does not have access to information about the compensation of
the executives through periodic reports filed under Section 13(a) or 15(d)of
the Securities Exchange Act of 1934 15 t1.S.C. 7fim a 760 or Section
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6104 of the Internal Revenue Code of'1986. (See the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.gov/answers/exe np:htm. to determine if the public has
access to the compensation infor . rt-)
3) Where and when to report. Recipients must report executive total compensation
described in paragraph 2.a. of this award term:
a) As part of the recipient's registration profile at hftps:/fwww.sam.gov.
b) By the end of the month following the month in which this award is made, and
annually thereafter.
3. Reporting of Total Compensation of Subredpient Executives.
a. Applicability and what to report. Unless recipients are exempt as provided in
paragraph 4. of this award term, for each first -tier subrecipient under thisaward,
recipients shall report the names and total compensation of each of the
subrecipient's five most highly compensated executives for the subrecipient's
preceding completed fiscal year, if-
1) In the subrecipient's preceding fiscal year, the subrecipient received —
a) Eighty percent or more of its annual gross revenues from federal procurement
contracts (and subcontracts) and federal financial assistance subject to the
TransparencyAct, as defined at 2 C_F_R. § 170.320 (and subawards); and
b) $25,000,000 or more in annual gross revenues from federal procurementcontracts
(and subcontracts), and federal financial assistance subject to the Transparency
Act (and subawards); and
2) The public does not have access to information about the compensation of the
executives through periodic reports filed under Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C_ 78m(a), 78o(d)) or Section 6104
of the Internal Revenue Code of 1985. (See the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.hhn. to determine if the public has
access to the compensation information_)
b. Where and when to report. Subrecipients must report subrecipient executive
total compensation described in paragraph 3.a. of this award term:
1) To the recipient.
2) By the end of the month following the month during which recipients make the
subaward. For example, if a subaward is obligated on any date during the month of
October of a given year (i.e., between October 1 and 31), subrecipients must reportany
required compensation information of the subrecipient by November 30 of that year.
4. Exemptions
If, in the previous tax year, recipients had gross income, from all sources, under
$300,000, then recipients are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient
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5. Definitions For purposes of this award term:
a. Federal Agency means a federal agency as defined at 5 U.S.C. 551(1) and furtherclarified
by 5 U.S.C. 552(f).
b. Non -Federal Entity., means all the following, as defined in 2 C.F.R. Part25:
1) A Governmental organization, which is a state, local government, or Indiantribe;
2) A foreign public entity;
3) A domestic or foreign nonprofit organization;
4) A domestic or foreign for -profit organization;
c. Executive: means officers, managing partners, or any other employees in management
positions.
d. Subaward: means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which the recipient received this award and that
the recipient awards to an eligible subrecipient.
1) The term does not include recipients' procurement of property and services needed to
carry out the project or program (for further explanation, see 2 C.F.R. § 200.331).
2) A subaward maybe provided through any legal agreement, including an agreement that
a recipient or a subrecipient considers a contract.
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e. Subrecipient: means a non-federal entity or federal agency that:
1) Receives a subaward from the recipient under this award; and
2) Is accountable to the recipient for the use of the federal funds provided by the
subaward.
f. Total compensation: means the cash and noncash dollar value earned by the executive
during the recipient's or subrecipient's preceding fiscal year and includes the following
(see 17 C.F.I. § 229.402(c)(2)):
1) Salary and bonus.
2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
3) Earnings for services under non -equity incentive plans. This does not include group
life, health, hospitalization or medical reimbursement plans that do not discriminate in
favor of executives and are available generally to all salaried employees.
4) Change in pension value. This is the change in present value of defined benefit
and actuarial pension plans.
5) Above -market earnings on deferred compensation which is not tax -qualified.
6) Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the executive exceeds $10,000.
XXX. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide
emergency communication equipment and its related activities must comply with the
SAFEC M Guidance for Emergency Communication Grants, including provisions on technical
standards that ensure and enhance interoperable communications.
XXXI. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism.
Recipients are legally responsible to ensure compliance with the Order and laws.
XXXII.
Trafficking in Persons.
1. Provisions applicable to a recipient that is a private entity.
a. Recipients, the employees, subrecipients under this award, and subrecipients'employees
may not-
1) Engage in severe forms of trafficking in persons during the period of time the award is
in effect;
2) Procure a commercial sex act during the period of time that the award is in effect; or
3) Use forced labor in the performance of the award or subawards under the award.
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b. DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient
that is a private entity —
1) Is determined to have violated a prohibition in paragraph 1.a of this award term; or
2) Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph 1.a of this award term through
conduct that is either —
a) Associated with performance under this award; or
b) Imputed to recipients or subrecipients using the standards and dace process for
imputing the conduct of an individual to an organization that are provid'edin
2 C.F.R. Part 1'80, "OMB Guidelines to Agencies on Government -wide Debarment
and Suspension (Nonprocurement)„°" as implemented by our agency at 2 C.F.R.
Part 3000.
2. Provision applicable to recipients other than a private entity.
DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private
entity —
a. Is determined to have violated an applicable prohibition in paragraph 1.a of this award term;
or
b. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph 1.a of this award term through
conduct that is either-
1) Associated with performance under this award; or
2) Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 C.F.R. Part 180,"OMB
Guidelines to Agencies on Government -wide Debarment and Suspension
(Non procurement)," as implemented by our agency at 2 C.F.R. Part 3000.
3. Provisions applicable to any recipient.
a. Recipients must inform DHS immediately of any information received from any source
alleging a violation of a prohibition in paragraph 1.a of this award term.
b. It is DHS's right to terminate unilaterally that is described in paragraph 1.b or 2 of this
section:
1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)),and
2) Is in addition to all other remedies for noncompliance that are available to us under this
award.
c. Recipients must include the requirements of paragraph 1.a of this award term in any
subaward made to a private entity.
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4. Definitions. For the purposes of this award term:
a. Employee: means either:
1) An individual employed by a recipient or a subrecipient who is engaged inthe
performance of the project or program under this award; or
2) Another person engaged in the performance of the project or program underthis
award and not compensated by the recipient including, but not limited to, a volunteer
or individual whose services are contributed by a third party as an in -kind contribution
toward cost sharing or matching requirements.
b. Forced labor: means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
c. Private entity. means any entity other than a state, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes:
1) A nonprofit organization, including any nonprofit institution of higher education, hospital,
or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R.
§ 175.25(b).
2) A for -profit organization.
d. Severe forms of trafficking in persons, commercial sex act, and coercion are definedin-
TVPA. Section 103, as amended (22 U.S.C. § 7102).
1. Requirements for System for Award Management and Unique Entity Identifier
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 endue A the full text of which is
incorporated here by reference.
2. Definitions
For purposes of this term:
a. System forAward Management (SAM): means the federal repository into which a
recipient must provide information required for the conduct of business as a recipient.
Additional information about registration procedures may be found on SAM.Qov.
b. Unique Entity Identifier: means the identifier assigned by SAM to uniquely identify
business entities.
c. Entity: includes non -Federal entities as defined at 2 C.F.R. § 200.1 and includes the
following, for purposes of this part:
1) A foreign organization;
2) A foreign public entity;
3) A domestic for -profit organization; and
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4) A federal agency.
d. Subaward: means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which a recipient received thisaward
and that the recipient awards to an eligible subrecipient.
1) The terra does not include the recipients' procurement of property and services
needed to carry out the project or program (fir further explanation, see 2C.F.R.
§ 200.330).
2) A subaward may be provided through any legal agreement, including an
agreement that a recipient considers a contract.
e. Subrecipient means an entity that:
1) Receives a subaward from the recipient under this award; and
2) Is accountable to the recipient for the use of the federal funds provided bythe
subaward.
X)MV. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Stren thenib
AmeficabXProKLdjng.AVgfo riate Tbols Pe aired to In race I and Obstruct r rn Act o
200 USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
XXXV.
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos,
crests or reproductions of flags or likenesses of DHS agency officials, including use of the United
States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard
officials.
)DOM. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if
applicable) at 10 U.S.0 § 2400, 41 U.S.C. & 4712, and 10 U.S.C. S 2324, 41 U.S.C. &§ 4304
and 4310.
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Agreement No. 6370
EXHIBIT B
Agreement No. 6370
CalOES
GOVERNOR'S OFFICE
aG/
OF ENERYENCY SERVICES
Standard Assurances
For Cal CES Federal Non -Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
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Agreement No. 6370
CaIOES
i GOVERNOR'S OFFICE
q/ry OF EMERYENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Perlod of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose acordiingl 4
Page 2 of 14 Initials
Agreement No. 6370
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (2) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
Page 3 of 14 Initials 49(-
Agreement No. 6370
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which
prohibits discriminationon the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units —Le., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground -floor units in buildings without elevators)— be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
Page 4 of 14 InitialIL
Agreement No. 6370
Cal OES
OOVCRNOR`s OFFICE
OF EMERiENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith -based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19;
(1) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and family
care leave, or pregnancy disability leave, military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
s. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the
Applicant certifies that it will maintain a drug -free workplace and a drug -free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000- 21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
Page 5 of 14 Initials
Agreement No. 6370
Cal OES
OOVEkHOS.'S OiFIoE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(I) The Safe Drinking Water Act of 1974, (P.L. 93-523);
0) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease and
desist order pursuant to § 13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or 3) determined to be in violation
of federal law relating to air or water pollution.
Page 6 of 14 Initials
Agreement No. 6370
Cal OES,
60YERNOR1 OFFICE
orEMEROENCYSERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code
of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
Fai'se Claims for Pa men - The Applicant will comply with 31 U.S.0 §§ 3729-3733
which sets forth that no subrecipient, recipient, or subrecipient shall submit a false
claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the
reporting of subawards obligating $30,000 or more in federal funds and (b) executive
compensation data for first -tier subawards. This includes the provisions of FFATA,
which includes requirements for executive compensation, and also requirements
implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial
Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower
protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §
4304 and § 4310.
Page 7 of 14 Initials
Agreement No. 6370
CalOES
OOVERNOR's OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Vigtims, P otection 6ct,gf 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: (1) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Qg is -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the -
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
lours and Safety Standords Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair (Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and othernon-profit
organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Deal Propert Acquisition, Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project
purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the_
Flood Disaster Protection Act oft 97 (P.L. 93-234) which requires subrecipients
in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is
$10,000 or more;
Page 8 of 14 Initials
Agreement No. 6370
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the
(d) National Historic Preservation Act of 1966, as amended (16 U.S.C. §. 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §4690-1 et
seq.); and
(e) Comply with the Lead -Based Point Poi nin Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead -based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text -based communication. Drivers
are also prohibited from the use of a wireless telephone without hands -free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
Page 9 of 14 Initials f?i_
Agreement No. 6370
iCalOES
pOYEf�NOR'f OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity's grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code section 6250 et seq. The Applicant should consider
these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application,
needs assessment, and strategic planning process.
alsieFFIL
r
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. All recipients who coliectPll are required to
have a publicly -available privacy policy that describes standards on the usage and
maintenance of PII they collect. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of U.S. Government sponsorship (including the award number)
to any work first produced under federal financial assistance awards.
Page 10 of 14 Initials I
V
Agreement No. 6370
CalOES
-.�
OOVERNOR'S OFFICE
OF ENENGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude recipients from shifting
costs that are allowable under two or more awards in accordance with existing
federal statutes, regulations, or the federal financial assistance award terms and
conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 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 13-
138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all
Applicants must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.G. § 2225a.
Page 11 of 14 Initials I I—
Agreement No. 6370
7 Cal OES
DOVERNOR s OFFIcE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
30. Non -supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-
federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government -wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
Page 12 of 14 Initials
Agreement No. 6370
Cal OES
U� Al, 4OVERNOR's OfPICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the
grant -funded project addresses the core capability gap associated with each
project and identified in the Threat and Hazard Identification and Risk Analysis or
Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project
Description of the BSIR for each project.
38. 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 subrecipients 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.
Page 13 of 14 Initials
Agreement No. 6370
CalOES
� ,,
60VERNOR'S UFFICE
OF £N£RRENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc. The
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in this assurance. This assurance is binding on the
Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the
above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the subrecipient may be ineligible for award of any
future grants if the Cal IDES determines that any of the following has occurred: (1) the
recipient has made false certification, or (2) violates the certification by failing to carry
out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publ',cation/fyl 5-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Subrecipient: Los Angeles/Long Beach Urban Area
Signature of Authorized Agent:
Printed Name of Authorized Agen . Gabriela V. Jasso
Title: Director of Grants and Finance Date: 12/13/2021
Page 14 of 14 Initials
Agreement No. 6370
EXHIBIT C
Agreement No. 6370
Agreement No. 6370
EXHIBIT D
Agreement No. 6370
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Agreement No. 6370
EXHIBIT E
Agreement No. 6370
!California Governor's Office of Emergency Services
AIR CRAFT/AVI ATION-I LA7 ED E IitPMENr REQUEST
UEST
Subgrantee Name:
Homeland Security Grant Program FY Grant Number Cal OES ID#,
Urban Area Security Initiative (UASI) FY Grant Number Cal OES ID#.
Other Program FY, Grant Number Cal OES ID#
Project Amount: UASI SHSP $
1. Indicate the type of aircraft/aviation equipment for this request (choose only one of the
following).
Aircraft ,, _... Aviation Related Equipment
2. Please provide a description of the area that will be served by the requested equipment.
Equipment & Description Cost AEL number
3. Please justify the need for the aircraft/aviation equipment, and how the requested platform
best meets that need as compared to other options. Include the cost, discipline, and funding
source.
4. Please identify the applicable goals and objectives in your State/Urban Area Homeland
Security Strategy that the requested aircraft/aviation equipment addresses.
5. Please explain how the requested aircraft/aviation equipment fits into the State/Urban Area's
integrated operational plans.
Cal OES ARF Revised 07/31/14
Agreement No. 6370
6. Please explain what types of terrorism incident response and prevention equipment with
which the requested aircraft/aviation equipment will be outfitted.
7. Please describe how this aircraft/aviation equipment will be used operationally and which
response assets will be deployed using the requested aircraft/aviation equipment.
8. Please describe how this aircraft/aviation equipment will be utilized on a regular, non -
emergency basis.
Please certify on signed letterhead that an existing aviation unit is operating and will continue
to operate independent of the requested funding. Describe the active, operating aviation unit
and certify that no expenses will be charged against the grant award for the operation of such
aviation unit. Please certify licensing, registration fees, insurance, and all ongoing
operational expenses are the responsibility of the grantee or the local units of government and
are not allowable under this grant.
10. Attach letters of endorsement, if applicable.
Submitted by:
(Name) (Signature)
Date:
Cal OES ARF Revised 07/31/14
Agreement No. 6370
Lalif-arnia =s o[EujeY,.a2arYSs1mLm
AATER.CHAEL iS
Subgrantee Name.
Homeland Security Grant Program FY Grant Number Cal OES ID#
Urban Area Security Initiative (UASI) FY
Other Program FY,
Project Amount: UASI
Grant Number Cal OES ID#
Grant Number Cal OES ID#
SHSP $
Indicate the type of equipment for this request (choose only one of the following).
Watercraft Watercraft- Related Equipment
2. Please provide a description of the area that will be served by the requested equipment.
Equipment & Description Cost AEL number
3. Please justify the need for the watercraft and how the requested platform best meets
that need as compared to other options. Include the cost, discipline, and funding source.
4. Please describe the active, operating waterway patrol unit and certify on signed
letterhead that no expenses will be charged against the grant award for the operation of
such unit.
5. Please identify the applicable goals and objectives in your State/Urban Area Homeland
Security Strategy that the requested watercraft addresses, and the waterway identified
as critical asset requiring state and/or local prevention and response capabilities.
6. Please explain how the requested watercraft fits into the State/Urban Area's integrated
operational plans and vulnerability assessment.
Cal oES WRF Revised 07/11/13
Agreement No. 6370
CalifgLinia afrnorsetuna > My` s
7. Please describe how this watercraft will be used operationally and which response
assets will be deployed using the requested watercraft.
8. Please describe how this watercraft will be utilized on a regular, non -emergency basis.
9. Please describe what types of terrorism incident response and prevention equipment
with which the requested watercraft will be outfitted. Include any specialized
navigational, communications, safety, and operational equipment necessary to enable
such watercraft to support the homeland security mission. Please certify on signed
letterhead that licensing, registration fees, insurance, and all ongoing operational
expenses are the responsibility of the grantee or the local units of government and are
not allowable under this grant.
10. Attach letters of endorsement, if applicable.
Submitted by: Date:
(Name) (Signature)
Cal OES WRF Revised07/11/13
Agreement No. 6370
m .'
Subgrantee Name:
Homeland Security Grant Program FY
Urban Area Security Initiative (UASI) FY,
Other Program FY
Grant Number Cal OES ID#
Grant Number Cal OES ID#
Grant Number Cal OES ID#,
l , What type of EOC does your organization plan to establish/enhance? (Choose one of the
following)
Primary EOC Alternate/Back-up/Duplicate EOC
2. Physical address of facility:
4
31
Describe how the establishment/enhancement of an EOC improves your organization's
ability to prevent, plan for, respond to, and recover from a terrorism event (on a separate
attachment).
Identify all other sources and uses of additional funds assisting the project in any way.
Identify anticipated homeland security grant costs to establish/enhance your
organization's EOC in the table below.
Vilies/Equipment
S!�Iyy
AEL #
__Cost
Com uters
Network Servers
Printers
Computer accessories (i.e. sure protectors, batteg backups, etc.)
Com uter maintenance contracts
Computer connections and cables (including; fiber optic cabiin )
Fax machines
Li htin S stems
LCD pLojectors
Protection/ lasma/flat screens/monitors/televisions
GIS_plotter and software
Telephone sstems
Software development
Commercial off -the -shelf (COTS) software
Installation of EOC items
Miscellaneous connections for EOC items
Standardized mapping software
Cal OES EOCRF Revised 08/1/13
Agreement No. 6370
Standardized emergency management software
Installation of EOC items
Miscellaneous connections for EOC items
Leasing Costs (Indicate starting and ending dates of lease and
explain the circumstances under which the moving or leasing costs
will be incurred.)
Other kqjust provide list/description of "other" items and costs)
TOTAL - EOC Supplies and Equipment
7. Explanation of "other" items:
8. Has your organization determined the costs are reasonable?
Submitted by:
(Name) (Signature)
Date:
Agreement No. 6370
Cal OES RE U'EST FOR N DNC �N' PETIT E PRE CU'REMEN'T AUTHORISATION
OF EMERO's Y SERVICES
FOR USE WITH FY2020 AND PRIOR YEAR GRANT AWARDS ONLY
OF EM ERBENCY SERVICES
Grant Program:
Grant Award No.(s): FIPS #:
Subrecipient Name:
If Subaward, list second -tier subrecipient:
Project No.(s):
Project Title(s):
Requested Amount: Contract Total:
Vendor:
Please complete the following questions based on the entity making the purchase.
1. Describe what the proposed vendor/contractor will provide:
2. Has Cal OES approved a noncompetitive procurement for this items)/service(s) in the
past?
K11
4.
5.
❑ Yes ❑ No
If Yes, attach the most recent approval letter and Noncompetitive Procurement
Authorization form.
Is this noncompetitive procurement being made under a multi -year contract?
❑ Yes ❑ No
If No, proceed to question 6.
If Yes to Question 3, has Cal OES approved a noncompetitive procurement In the past
under this multi -year contract?
❑ Yes ❑ No
If No, proceed to question 6.
If Cal OES has previously approved a noncompetitive procurement under this multi-
year contract, have there been any modifications since that approval?
❑ Yes ❑ No
Note: A price/cost analysis must be performed with every procurement above the
Simplified Acquisition Threshold (SAT) including modifications. Modifications include any
change to the original contract including extensions.
Page 1 of 3 (rev.12t20)
Agreement No. 6370
If Yes, proceed to question 8.
If No, proceed to question 10.
6. Indicate which of the following circumstances resulted in your organization's need to
enter into a noncompetitive contract and describe the details of those circumstances
for this request under the following below. See 2 C.F.R. mart 2.00 Subpart D 200.5 0 t .
The item is available only from a single source. (Describe and detail the process
used to make that determination.)
• A public necessity or emergency for the requirement will not permit a delay resulting
from competitive solicitation. (Describe the necessity or emergency. Provide details.)
After solicitation of a number of sources, the competition was determined
inadequate. (Describe the solicitation process that determined competition was
inadequate. Provide details including the length of the solicitation.)
7. Describe your organization's standard procedures when considering a noncompetitive
procurement, including the conditions under which a noncompetitive procurement is
allowed, and any other applicable criteria (i.e., approval requirements, monetary
thresholds, etc.).
8. Attach a copy of the cost/price analysis for this procurement or contract modification if
above the SAT.
Do you have documentation to support profit negotiation? See 2 C.F.R. Part 200 Sub art
D, 4200.32LLbj.
❑ Yes ❑ No
Note: Profit must be negotiated for each contract in which there is no price
competition and in all cases where cost analysis is performed.
10. Certification:
This is to certify that, to the best of our knowledge and belief, the data furnished on this form is
accurate, complete and current. We further certify that this procurement has followed local
procurement policies, and state and federal guidelines. We understand that any fraudulent
information contained on this form may affect the allowability of federal funding for this item
and/or have an effect on future Cal OES funding for this organization.
Purchasing 1 Name: Signature:
Agent:
Primary Name: I Signature:
Subrecipient: V
Date:
Date:
Page 2 of 3 (rev.12120)
Agreement No. 6370
Cal OES Internal Use Only
Date Submitted:
Procurement Type: ❑Single Source ❑Public Emergency ❑Inadequate Competition
Attachments enclosed:
❑ Previous Approval Letter
❑ Previous Noncompetitive Procurement Authorization Request form for this items)/service(s)
❑ Cost/Price Analysis
❑ Other Supporting Documents: ...�.............. _..........._._
Program Representative Review - Comments:
Unit Chief Review - Comments:
Approved Denied
Grants Procurement Compliance Manager - Comments:
Grants Procurement Compliance Manager: Date:
Page 3 of 3 (rev.12/20)
Agreement No. 6370
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
cuv1Mr%K1RACwITA 1 A KIM u1CTAo111+ M15CCCOil AT1AAl C110CCA11AIr` CnDnfi OMB Control Number: 1660-0115
Paperwork Burden Disclosure Notice
Public reporting burden for this data collection is estimated to average 8 hours per response. The burden estimate includes the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting this form.
This collection of information is required to obtain or retain benefits. You are not required to respond to this collection of information unless a
valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for
reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency,
500 C Street, Washington, DC, 20472, Paperwork Reduction Project (1660-0115).
PRIVACY NOTICE
The collection of this information is authorized by the National Environmental Policy Act of 1969, as amended, Pub. L. No. 91-190, § 102, 42
U.S.C. §§ 43214347; and National Historic Preservation Act of 1966, as amended, Pub. L. No. 89-665, § 102, 16 U.S.C. § 470.
This information is being collected for the primary purpose of determining eligibility and administration of FEMA Preparedness Grant Programs
and to ensure compliance with existing laws and regulations regarding the environment and historic preservation.
The disclosure of information on this form is required by law and failure to provide the information requested may delay or prevent the
organization from receiving grant funding.
Directions for completing this form: This form is designed to initiate and facilitate the environmental and historic preservation (EHP)
compliance review for your FEMA preparedness grant -funded project(s). FEMA conducts its EHP compliance reviews in accordance with
National Environmental Policy Act (NEPA) and other EHP-related laws and executive orders. In order to initiate EHP review of your project,
you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent
project information. Failure to provide requisite information could result in delays in the release of grant funds. Be advised that completion
of this form does not complete the EHP review process. You will be notified by FEMA when your review is complete and/or if FEMA
needs additional information.
This form should be completed electronically. The document is available in both Word and Adobe Acrobat (pdf) formats at this website:
( I)hp.//wwy fefpl g v/'li rralyjv r .d fr m_$qffc fMM@pr l i :- 8QZ, The following website has additional guidance and
instructions on the EHP review process and the information required for the EHP review: pttos:/Pwyww frzaow�paf l- I, in - n -.
historic-11L vation-
Submit completed form through your grant administrator who will forward it to _6ED ti. of fe .dh ov. Please use the subject line: EHP
Submission: Project Title, location, Grant Award Number (Example, EHP Submission: Courthouse Camera Installation, Any Town, State,
12345; 2011-SS-Oxxxx).
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
Dann 1 of 17
(05/21)
Agreement No. 6370
SECTION A. PROJECT INFORMATION
DHS Grant Award Number:
Grant Program:
Grantee:
Grantee POC:
Mailing Address:
E-Mail:
Sub -Grantee:
Sub -Grantee POC:
Mailing Address:
E-Mail:
Estimated cost of project:
Project title:
Project location (physical address or latitude -longitude):
Project Description. Provide a complete project description. The project description should contain a summary of what specific action is
proposed, where it is proposed, how it will be implemented. Include a brief description of the objectives the project is designed to
accomplish (the purpose), and the reason the project is needed. Use additional pages if necessary. If multiple sites are involved, provide
the summary for each site:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 2 of 12
(05/21)
Agreement No. 6370
SECTION B. PROJECT TYPE
Based on the proposed project activities, determine which project type applies below and complete the corresponding sections that follow.
For multi -component projects or those that may fit into multiple project types, complete the sections that best apply and fully describe all
major components in the project description. If the project involves multiple sites, information for each site (such as age of structure,
location, ground disturbance, etc.) must be provided. Attach additional pages to this submission, if needed.
1 Purchase of equipment. Projects in this category involve the purchase of equipment that will require installation on or in a
building or structure. Complete other portions of Section B as needed. Complete Section C.1.
2 Training and exercises. Projects in this category involve training exercises with any field -based components, such as drills or
full-scale exercises. Complete Section C.2.
3, ❑ Renovations/upgrades/modifications or physical security enhancements to existing structures. Projects in this category
involve renovations, upgrades, retrofits, and installation of equipment or systems in or on a building or structure. Examples
include, but are not limited to: interior building renovations; electrical system upgrades; sprinkler systems; vehicle exhaust
systems; closed circuit television (CCTV) cameras; security fencing; access control for an area, building, or room; bollards;
motion detection systems; alarm systems; security door installation or upgrades; lighting; and audio-visual equipment (projectors,
smart boards, whiteboards, monitors, displays, and projector screens). Complete Section C.3.
q L7 Generator installation. Projects in this category involve installation of new or replacement generators, to include the concrete
pads, underground fuel and electric lines, and if necessary, a fuel storage tank. Complete Section CA
5 ❑ New constructionfaddition. Projects in this category involve new construction, addition to, or expansion of a facility. These
projects involve construction of a new building, or expansion of the footprint or profile of a current structure. Complete Section
C.5.
6 L7 Communication towers, antennas, and related equipment. Projects in this category involve construction of new or
replacement communications towers, or installation of communications -related equipment on a tower or building or in a
communications shelter or building. Complete Section C.6.
7 Other. Projects that do not fit in any of the categories listed above. Complete Section C.7.
FEMA FORM FF-207-FY-21-100 (tormerly 024-0-1) Page 3 of 12
(05/21)
Agreement No. 6370
SECTION C. PROJECT TYPE DETAILS
Check the box that applies to the proposed project and complete the corresponding details.
❑ Purchase of equipment. if the entire project is limited to purchase of mobile/portable equipment and there is no installation
needed, this form does not need to be completedand submitted..
a. Specify the equipment, and the quantity of each:
b. Provide the Authorized Equipment List (AEL) number(s) (if known):
c. Complete Section D.
2. E] Training and exercises. If the training is classroom and discussion -based only, and is not field -based, this form does not need
to be completed and submitted.
a. Describe the scope of the proposed training or exercise (purpose, materials, and
type of a activities required):
b. Provide the location of the training (physical address or latitude -longitude):
c. Would the training or exercise take place at an existing facility which has established
procedures for that particular proposed training or exercise, and that conforms with existing
land use designations? Yes n No
• If yes, provide the name of the facility and the facility point of contact
(name, telephone number, and e-mail address):
• If no, provide a narrative description of the area where the training
or exercise would occur (e.g., exercise area within four points
defined by latitude/longitude coordinates):
• Does the field -based training/exercise differ from previously
permitted training or exercises in any way, including, but not limited
to frequency, amount of facilities/land used, materials or equipment
used, number of participants, or type of activities?
• If yes, explain any differences between the proposed activity and
those that were approved in the past, and the reason(s) for the
change in scope:
• If no, provide reference to previous exercise (e.g., FEMA grant
name, number, and date):
d. Would any equipment or structures need to be installed to facilitate
training?
• If yes, complete Section D
g 0 Renovations/upgrades/modifications, or physical security
enhancements to existing structures. If so, Complete Section D.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 4 of 12
(05/21)
Agreement No. 6370
4. ❑ Generator installation.
a. Provide capacity of the generator (kW):
b. Identify the fuel to be used for the generator (diesel/propane/natural gas):
c. Identify where the fuel for the generator would be stored (e.g. stand-alone
tank, above or below ground, or incorporated in generator):
d. Complete Section D.
5. ❑ New construction/addition.
a. Provide detailed project description (site acreage, new facility square
footage/number of stories, utilities, parking, stormwater features, etc):
b. Provide technical drawings or site plans of the proposed project: ❑ Attached
c. Complete Section D.
6. ❑ Communication towers, antennas, and related equipment.
a. Provide the current net height (in feet above ground level) of the existing
tower or building (with current attached equipment):
b. Provide the height (in feet above ground level) of the existing tower or
building after adding/replacing equipment:
Complete items 6.c through 6.q below ONLY if this project involves construction of a new or replacement
communications tower. Otherwise continue to Section D.
c. Provide the ground -level elevation (feet above mean sea level) of the site
of the proposed communications tower:
d. Provide the total height (in feet above ground level) of the proposed
communications tower or structure, including any antennas to be mounted:
• If greater than 199 feet above ground level, state why this is needed
to meet the requirements of the project:
e_ Would the tower be free-standing or require guy wires? ❑ Free standing ❑ Guy wires
• If guy wires are required, state number of bands and the number of
wires per band:
• Explain why a guyed tower is needed to meet the requirements of
this project:
f. What kind of lighting would be installed, if any (e.g., white strobe, red
strobe, or steady burning)?
g. Provide a general description of terrain (e.g., mountainous, rolling hills,
flat to undulating):
h. Describe the frequency and seasonality of fog/low cloud cover:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 5 of 12
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Agreement No. 6370
i. Provide a list of habitat types and land use at and adjacent to the tower
site (within % mile), by acreage and percentage of total (e.g., woodland
conifer forest, grassland, agriculture) water body, marsh:
j. Is there evidence of bird roosts or rookeries present within'/z mile of the proposed site?
• Describe how presence/absence of bird roosts or rookeries was
determined:
k. Identify the distance to nearest wetland area (e.g., forested swamp,
marsh, riparian, marine) and coastline if applicable:
I. Distance to nearest existing telecommunication tower:
m. Have measures been incorporated for minimizing impacts to migratory birds?
• If yes, Describe:
n. Has a Federal Communications Commission (FCC) registration been obtained for this tower?
• If yes, provide Registration #:
• If no, why?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
o. Has the FCCE106 process been completed? ❑ Yes [-] No
p. Has the FCC Tower Construction Notification System (TCNS) process been completed? ❑ Yes ❑ No
• If yes, Describe:
q. Would any related equipment or structures need to be installed (e.g., backup
generator and fuel source, communications shelter, fencing, or security measures)?
• If yes, explain where and how each installation would be done.
Provide details about generator capacity (kW), fuel source, fuel
location and tank volume, amount of fencing, and size of
communication shelter:
r. Complete Section D.
7. ❑ Other: Complete this section if the proposed project does not fit any of the categories above.
a. Provide a complete project description:
b. Complete Section D.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
❑ Yes ❑ No
D.,..i. Q -f 47
(05121)
Agreement No. 6370
SECTION D. PROJECT DETAILS
Complete all of the information requested below.
1. ❑ Project Installation
a. Explain how and where renovations/upgrades/modifications would take place, or where equipment/systems will be
installed:
b. Would ground disturbance be required to complete the project or training? ❑ Yes ❑ No
• If Yes, provide total extent (depth, length, and width) of each ground -disturbing activity. Include both digging and trenching.
For example, light poles and fencing have unique ground -disturbing activities (e.g., six light poles, 24" dia. x 4' deep;
trenching 12" x 500' x 18" deep; 22 fence posts, 12" diameter x 3' deep, and 2 gate posts, 18" diameter x 3' deep):
• If yes, describe the current disturbed condition of the area (e.g.,
parking lot, road right-of-way, commercial development):
c. Would the equipment use the existing infrastructure for electrical distribution systems? ❑ Yes D No
• If no, describe power source and detail its installation at the site:
2. ❑ Age of structure/building at project site
a. Provide the year existing building(s) or structure(s) on/in/nearest to the location
involved in the proposed project was built:
• If the building or structure involved is over 45 years old and
significant renovation, rehabilitation, or modification has occurred,
provide the year(s) modified and briefly describe the nature of
the modification(s):
b. Are there any structures or buildings that are 50 years old or older in or adjacent to the project
area? ❑ Yes [ No
• If yes, provide the location of the structure(s), ground -level color
photographs of the structure(s), and identify their location(s) on an
aerial map:
c. Is the project site listed in the National Register of Historic Places
(National Register), or in/near a designated local or National Register
Historic District? The internet address for the National Register
is: I�)fc .oc„tah twce�., gw, gd' ❑ Yes ❑ No
• If yes, identify the name of the historic property, site and/or district
and the National Register document number:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
Page 7 of 12
(05121)
Agreement No. 6370
3. ❑ Site photographs, maps and drawings
a. Attach site photographs. Site photographs are required for all projects.
Use the following as a checklist for photographs of your project. Attach
photographs to this document or as accompanying documents in your
submission.
• Labeled, color, ground -level photographs of the project site: ❑ Required
« Labeled, color photograph of each location where equipment would be
attached to a building or structure: ❑ Required
• Labeled, color aerial photographs of the project site: ❑ Required
• Labeled, color aerial photographs that show the extent of ground
disturbance (if applicable): ❑ Attached
• Labeled, color ground -level color photographs of the structure from
each exterior side of the building/structure (applicable only if building/
structure is more than 45 years old): ❑ Attached
b. Are there technical drawings or site plans available? ❑ Yes ❑ No
• If yes, attach: ❑ Attached
Appendix A has guidance on preparing photographs for EHP review
4. ❑ Environmental documentation
a. Is there any previously completed environmental documentation for
this project at this proposed project site (e.g., Environmental
Assessment, or wetland delineation, or cultural/archaeological study)? ❑ Yes ❑ No
• If yes, attach documentation with this form: ❑ Attached
b. Is there any previously completed agency coordination for this project
(e.g., correspondence with the U.S. Fish and Wildlife Service, State
Historic Preservation Office, Tribal Historic Preservation Office)? ❑ Yes ❑ No
• If yes, attach documentation with this form: ❑ Attached
c. Was a NEPA document prepared for this project? ❑ Yes ❑ No
• If yes, what was the decision? (Check one, and please attach):
❑ Finding of No Significant Impact (FONSI) from an Environmental Assessment (EA) or
❑ Record of Decision (ROD) from an Environmental Impact Statement (EIS).
Name of preparing agency:
Date Attached:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 8 of 12
(05/21)
Agreement No. 6370
Appendix A. Guidance for Supporting Photographs for EHP Grant Submissions
Photographs are a vital component of the EHP review process and add an additional level of understanding about the nature and scope of the
project. They also provide pre -project documentation of site conditions. Please follow the guidance provided below when preparing
photographs for your EHP submission. The following pages provide examples of best practices used in earlier EHP submissions.
Minimum requirements for photographs
1. Photographs should be in color.
2. Label all photographs with the name of facility, location (city/county, state) and
physical location (physical address or latitude -longitude).
3. Label the photographs to clearly illustrate relevant features of the project, such as
location of installed features (e.g., cameras, fences, sirens, antennas, generators)
and ground disturbance. See examples below.
4. Identify ground disturbance. Adding graphics to a digital photograph is a means to
illustrate the size, scope and location of ground disturbing activities.
Best Practices
1. Provide photographs in a separate file.
2. Place no more than 2 pictures per page.
3. Compressing pictures files (such as with Microsoft Picture Manager)1 or saving the file in PDF format will reduce the size of the file and
facilitate e-mail submissions.
4. Identify the photograph file with the project name so that it can be matched to the corresponding FEMA EHP screening form.
5. Maximum file size for enclosures should not exceed 12 MB. If the total size of files for an EHP submission exceeds 12 MB, send the
submission in multiple e-mails.
6. If necessary, send additional photographs or data in supplemental e-mails. Please use the same e-mail subject line with the additional
label: 1 of x, 2 of x.... x of x.
Options for Creating Photographs
1. Obtain an aerial photo. There are multiple online sources for aerial photographs.
2. For the aerial photo, use the screen capture feature (Ctrl + Print Screen keys) and copy the image to photo editing software, such as
Paint, or PhotoShop.1 Use that software to crop the image so the photo has the content necessary.
3. Open PowerPoint, or other graphics -oriented software, and paste the aerial or ground -level photograph on the canvas.
4. Use drawing tools, such as line drawing and shapes, to indicate the location of project features (for example: fencing, lighting, sirens,
antennas, cameras, generators).
5. Insert text to label the features and to label the photograph.
6. Use drawing tools to identify ground -disturbing activities (if applicable).
7. Save the file with the project name or grant number so that it can be appropriately matched to the corresponding FEMA EHP screening
form. Include this file with the EHP screening when submitting the project.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
Page 9 of 12
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Agreement No. 6370
Appendix A. Supporting Photographs for EHP Grant Submissions
Example Photographs
Aerial Photographs, The example in Figure
1 provides the name of the site, physical
address and proposed location for installing
new equipment. This example of a labeled
aerial photograph provides good context of
the surrounding area.
Ground -level photographs. The ground -
level photograph in Figure 2 supplements
the aerial photograph in Figure 1, above.
Combined, they provide a clear
understanding of the scope of the project.
This photograph has the name and address
of the project site, and uses graphics to
illustrate where equipment will be installed.
Figure 1. Example of labeled, color aerial photograph.
Figure 2. Example of ground -level photograph showing proposed
attachment of new equipment.
FEMA FORM FF-207-FY-21-100 (tormer(v 024-0-1)
(05/21)
Agreement No. 6370
Appendix A. Supporting Photographs for EHP Grant Submissions
Ground -level photograph with equipment
close-up. Figure 3 includes a pasted image
of a CCTV camera that would be placed at
the project site. Using desktop computer
software, such as PowerPoint,1 this can be
accomplished by inserting a graphic symbol
(square, triangle, circle, star, etc.) where the
equipment would be installed. This example
includes the name and location of the site.
The site coordinates are in the degree -
minute -second format.
Abc Tower Site, Some County, State: 121134' 56.7" N,
New CCT%
Camera
Figure 3. Ground -level photograph with graphic showing
proposed equipment installation.
Ground -level photograph with excavation
area close-up. The example in Figure 4
shows the proposed location for the concrete
pad for a generator and the ground
disturbance to connect the generator to the
building's electrical service. This information
can be illustrated with either an aerial or
genamtorrig Gon
gending's o
9 round-levelphotograph, or both. This
building's
example has the name and physical address
electrical servi
of the project site.
22 it x 1S in x
in.
Generator Pat
4ftx10ftx8
Somnety+vn Community Center, 123 Elm Street. Somelwzn. Stale
Figure 4. Ground -level photograph showing proposed ground
disturbance area.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
(05121) .y
Agreement No. 6370
Appendix A. Supporting Photographs for EHP Grant Submissions
Communications equipment
photographs. The example in
Figure 5 supports a project involving
installation of equipment on a tower.
Key elements are identifying where
equipment would be installed on the
tower, name of the site and its
location. This example provides site
coordinates in decimal format.
Interior equipment photographs.
The example in Figure 6 shows the
use of graphic symbols to represent
security features planned for a
building. The same symbols are used
in the other pictures where the same
equipment would be installed at other
locations in/on the building. This
example includes the name of the
facility and its physical address.
(':iii'I"is a!:�uo" I i 3'(t.
u""A C u 0)"J '1 °,a' IE"
�V! V"VV"O'Y'3V
Figure 5. Ground -level photograph showing proposed
locations of new communications equipment on an existing
tower.
Acamerawill be added
in the upper right
corner and a proximity
door access reader will
be added for access
control
Figure 6. Interior photograph showing proposed location of new
equipment.
Ground -level photographs of nearby historic structures and buildings. Consultation with the State Historic Preservation Office (SHPO)
may be required for projects involving structures that are more than 50 years old, or are on the National Register of Historic Places. In that
event, it will be necessary to provide a color, ground -level photograph of each side of the building/structure.
II, 1 Use of brand name does not constitute product endorsement, but is intended only to provide an example of the type of product capable of providing an
element of the EHP documentation.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 12 of 12
(05/21)
Agreement No. 6370
EXHIBIT F
Agreement No. 6370
Mayor's Office of Public Safety
City of Los Angeles
Subrecipient Grants Management Assessment
tlrrfdantsltfop
Date W Assessrne nt
Mayor's
Grant Name and Grant Year VAM FY21
Office
Subrecipient Name
Use
Only
f pcaaff8rsrv.6"ederaYCnht LaycaB.�J'p1W,l+ton•F"rol(Vk
Grant Administration Yes InProgress . No N/A Comments
1. Prior to receiving a subaward from the City of Los Angeles,
did the organization receive a Federal grant (direct or
Indirectly) within the past 3 years? If Yes, please indicate the
total number of Federal awards in the Comments section.
2. Does the organization have written policies and procedures
In place in accordance with 2 CFR Part 200, that include
procedures for procurements, travel, contractual services an
records retention?
B. Does the organization have a method in place to track
projects performed under Federal awards?
4. Does the organization have a method in place to track
revenues and expenditures separately and distinctly from
other sources of revenues and expenditures?
S. Does the organization have a method In place to track
costs Incurred against the ap proved rant bud et?
Personnel
Yes
In Pro ress
No
NIA
Comments
6. Are the individuals with primary responsibility for the fiscal
and administrative oversight of the grant familiar with the
applicable grants management rules, principles, and
regulations including the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for
Federal Awards 2 CFR Part 200 ?
7. Does the organization have a structure in place whereby
the pMparer of documents Is different than the approver?
B. Are timesheets used to track the time staff spend on
specific rants?
Audits
Yes
In Progress
No
NIA
Comments
9. Did the organization receive more than $750,000 in Federal
awards in the past fiscal ear? If No, skip to Question 13.
10. Was a single audit report completed per OMB Circular A-
133? If No, skip to Question 13.
11. Did the single audit result in 'No Findings?' If Yes, skip to
Question 13.
12. If findings were identified, have the findings been
resolved?
Monitoring
Yes
In Progress
No
N/A
Comments
13. Does the organization have documented policies and
procedures in place related to fraud investigations and
reporting? _.
................�....
.____
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... ._
14. Does the organization have equipment monitoring
policies in place, including the tracking and safeguarding of
equipment?
15. Does the organization Inventory grant -funded equipment
at least eves two years?
Name/Title of Preparer Signature Date
NamejTtle of Mayor's Office Reviewer Rl Signature Date
Name/Title of Mayor's Office Reviewer 142 Signature Date