CONTRACT 7139 OtherAgreement No. 7139
Fall--LETM,
Subrecipient: City of El Segundo
Title: FY 2023 Urban Area Security Initiative (UASI) Grant Program
City Contract Number 4-1 I'm
City of Los Angeles Contract Number C-200129
Agreement No. 7139
TABLE OF CONTENTS
Section Section Title Ike
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 ........... 11...... I ...... ........... ..... --- ... ....1....,....... ......,,...... 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........................................................................................20
SignaturePage..............................................................................................22
UASI 23 Subaward Agreement
Agreement No. 7139
EXHIBITS
Exhibit A DHS Standard Conditions
Exhibit B 2023 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 23 Subaward Agreement ii
Agreement No. 7139
AGREEMENT NUMBER
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
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)
2023 Urban Area Security Initiative Grant Program FAIN #EMW-2023-SS-00042,
CFDA #97.067, Federal Award Date September 1, 2023, having a period of
performance from September 1, 2023 through May 31, 2026 This is not a
"Research & Development" award as defined in 2 CFR Sections 200.87 and
200.331, and there is no "indirect cost rate" for this federal award as defined in 2
CFR Sections 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
Section 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 $53,932,030.00.
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: $ 251,765
Subaward Period of Performance ("Term"): September 1, 2023
UASI 23 Subaward Agreement
Agreement No. 7139
Match Requirement:
Subrecipient Identifier:
Indirect Cost Rate for Subaward:
to May 31, 2026
None
None
The term of this Agreement shall be the "Term" as set forth in this Section 1.2.
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:
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) 978-0687
Email: brian.k.williams@lacity.org
City of El Segundo
Julissa Solano
El Segundo Police Department
348 Main Street,
El Segundo, CA 90245
Email: isolano@else undo.or
Formal notices, demands and communications to be given 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 (C.F. # 23-0690,
06/21 /2024 ).
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Agreement No. 7139
Subrecipient warrants that it has obtained written authorization from its governing
board or authorized body to execute this Agreement and accept and use the
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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UASI 23 Subaward Agreement 3
Agreement No. 7139
§2.1 Summa of Re uirements
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 2023 Homeland Security Grant Program Notice of
Funding Opportunity ("DHS NOFO"), (2) FY 2023 DHS Standard Terms and
Conditions ( DHS Standard Conditions') (Exhibit A), (3) FEMA Information
Bulletins ("113"), (4) CalOES 2023 Homeland Security Grant Program California
Supplement to the Federal Notice of Funding Opportunity ("CalOES
Supplement"), (5) CalOES 2023 Standard Assurances for CalOES Federal Grant
Programs ("CalOES Assurances") (Exhibit B), (6) CalOES Grant Management
Memos (u nGMM ), 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 http:///www.vv,hiteh,ouse.aov/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 Re uirements
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 CalOES
(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. 7139
(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 Section 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
UASI 23 Subaward Agreement 5
Agreement No. 7139
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.
G. This Subaward is not a "fixed amount award" as such term is defined in 2
CFR Section 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 Section 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 CalOES 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 CalOES.
UASI 23 Subaward Agreement 6
Agreement No. 7139
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 CalOES Re uirements
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 may be required to provide supporting documentation that
certifies a reduction in non -Federal resources that occurred for reasons
other than the receipt or expected receipt of 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. Sections
3729 to 3733, which sets forth that no subgrantee, recipient or
UASI 23 Subaward Agreement 7
Agreement No. 7139
subrecipient of federal funds or payments shall submit a false claim for
payment, reimbursement, or advance. Subrecipient agrees to be subject
to the administrative remedies under 38 U.S.C. Sections 3801 to 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:
No Federal appropriated fund's have been paid or will be paid, by or on
beha�lf 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!,
continivation, 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 -I. LL "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, 7324-7328) which limit the political activities of employees
whose principal employment activities are funded in whole or in part with
federal funds.
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Agreement No. 7139
E. As required by Executive Orders (EO) 12549 and 12589, and 2 CFR
Section 200.214 and codified in 2 CFR Part 180, Subrecipient shall
provide protection against waste, fraud and abuse by debarring or
suspending 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.E,.2. 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 Curt 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 of 1990 (ADA) (42 U.S.C. § 12101 et seq.) and its
implementing regulations, the Americans with Disabilities Act
Amendments Act of 2008 (ADAAA) (Pub.L. No. 110-325) and all
subsequent amendments, Section 504 of the Rehabilitation Act of
1973 (Rehab. Act), as amended, 29 U.S.C. Section 794 and 24 CFR Parts
8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR
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Agreement No. 7139
Part 40, and the Fair Housing Act, 42 U.S.C. Section 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 accordance with the
provisions of the ADA,, the A 7AAA, 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.
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
(Pub.L. No. 109-282) 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 (as amended by
22 U.S.C. § 7104).
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
set forth in California Labor Code Section 3700 et seq.
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 Only to
Federally -Funded Construction Projects section of the CalOES
Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information
Act (6 U.S.C. § 552) and the California Public Records Act (Gov. Code,
§ 6250 et seq.) to certain information as more fully set forth in the
California Public Records Act and Freedom of Information Act section of
the CalOES Assurances.
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Agreement No. 7139
N. Subrecipient shall comply with the provisions set forth in the Best
Practices for Collection and Use of Personally Identifiable Information (PI/)
section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the
Acknowledgement of Federal Funding from DHS section 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, logos, and flags.
R 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 CaIOES
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 comply with the Conflict of Interest section, which
requires Subrecipient to 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.
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Agreement No. 7139
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 23 Subaward:
1. Subaward funding is subject to restricted drawdown for the duration of
the Term;
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. Failure to comply with these conditions may result in disallowed costs
or additional restrictions on current and future subaward funding,
pursuant to 2 CFR Sections 200.205 and 200.338.
X. Subrecipient shall comply with Section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (NDAA)
(Pub.L. No. 115-232) and 2 C.F.R. Section 200.216, 200.471, and
Appendix II to 2 C.F.R. Part 200. which prohibit Subrecipient (including
their subcontractors) from using federal funds, including FEMA awards,
under open or new awards for the telecommunications equipment or
services listed in Section 889(f)(2)-(3) of the NDAA.
Y. Subrecipient shall comply with the Build America, Buy America Act
(BABAA) enacted as part of the Infrastructure Investment and Jobs Act §
70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005
ensuring "the future is made in all of America by all of America's Workers."
This provision requires that "all of the iron, steel, manufactured products,
and construction materials" used in the project are produced in the United
States.
Z. Subrecipients shall ensure and maintain the adoption and implementation
of the National Incident Management System (NIMS) to prevent, protect
against, mitigate, respond to and recover from incidents.
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Agreement No. 7139
AA. Subrecipient shall comply with the National Cybersecurity Review (NCSR)
assessment designed to measure gaps and capabilities of state, local,
tribal, territorial, nonprofit, and private sector agencies' cybersecuirity
programs. Additional information may be found in IB 439 and 429a
§2.4 Uniform Realuirementsfor Federal Awards
Subrecipient acknowledges that this Subaward is a "Federal award" as such term
is defined in 2 CFR Section 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 "subrecipient" as such terms are defined in 2 CFR Sections
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 Section 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
Section 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 Section 200.113.
C. Subrecipient acknowledges that the City may impose additional specific
conditions to this Subaward in accordance with 2 CFR Section 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
submit any annual certifications and representations deemed required by
the City in accordance with 2 CFR Section 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 Section 200.302.
Further, Subrecipient shall comply with the requirements set forth in 2
CFR Section 200.303, which relate to certain obligations required of
Subrecipient to maintain internal controls over the use of this Subaward.
UASI 23 Subaward Agreement 13
Agreement No. 7139
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 Section 200.306.
F. Subrecipient shall comply with the requirements relating to program
income as more fully set forth in 2 CFR Section 200.307.
G. Subrecipients may consider the use of this funding to assist their
jurisdiction's alignment with the State of California Alert and Warning
Guidelines.
H. 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
Sections 200.310 through 200.316 ("Property Regulations"). These
Property Regulations include, without limitation, provisions related to the
following:
1. 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
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
UASI 23 Subaward Agreement 14
Agreement No. 7139
and intangible property acquired, developed or improved with Subaward
funds in accordance with the provisions set forth in 2 CFR Section
200.316.
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 Sections 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, CaIOES and the Federal awarding agency.
9. Threat Hazard Identification and Risk Assessment requirement is to
be submitted every three years also an annual capability
assessment will still be required.
In addition, Suibrecipient 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 Fart 200 (Contract Provisions for non -
Federal Entity Contracts under Federal Awards) as required by 2 CFR
Section 200.326.
J. Financial and Performance Monitoring and Reporting
Subreciplentmonitoring .non -
Federal
w 00.328, which requires the
Siubrecipient to oversee and monitor activities supported by the Grant to
assure compliance with applicable Federal requirements and performance
UASI 23 Subaward Agreement 15
Agreement No. 7139
expectations. Further, Subrecipient shall comply with the financial and
performance reporting requirements for a non -Federal entity as set forth in
2 CFR Sections 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
Sections 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 Section 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 Section 200.331(b).
K. 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 Sections 200.333 to 200.335.
In accordance with the provisions set forth in 2 CFR Section 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 Sections 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.
L. Cost Principles
UASI 23 Subaward Agreement 16
Agreement No. 7139
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 Suba!ward and is also deemed
allowable and allocable under the Subaward in accordance with the
provisions set forth in the Cost Principles.
M. 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 a�ll
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.
N. Closeout and Post Closeout
#
TfUSE enury as it pertains to Me U113 K171=1
Section 200.343. Subrecipient acknowledges and agrees that it shall
continue to comply with the post closeout obligations set forth in 2i CFR
Section 200.344 after closeout of the Subawardi and expiration of the
Term of this Agreement.
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UASI 23 Subaward Agreement 17
Agreement No. 7139
1 I A N! W qy �Iy
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. Subreclplent 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 A licable Law. Inter retation 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 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.
UASI 23 Subaward Agreement 18
Agreement No. 7139
§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.
§3.7 Prohibition Against Assi nment or Delegation
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 I ndemnification.
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 23 Subaward Agreement 19
Agreement No. 7139
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.
§3.10 Remedies for Noncom fiance
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 Section 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 Section 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 Section 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 Section 200.339. Subrecipient shall have the right to terminate
UASI 23 Subaward Agreement 20
Agreement No. 7139
the Subaward only as set forth in 2 CFR Section 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(s) 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 scanned
signatures (or signatures in another electronic format designated by City) and
sent by e-mail shall be deemed original signatures.
This Agreement includes twenty-two (22) pages and six Exhibits which constitute
the entire understanding and agreement of the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 23 Subaward Agreement 21
Agreement No. 7139
IN WITNESS WHEREOF, the City and Subrecipient
Agreement to be executed by their duly authorized
APPROVED AS TO FORM:
HYDEE FELDSTEIN SOTO, City Attorney
By 8al-ak Vagghil
Barak Vaughn, Deputy City Attorney
9 Y tY Y
Date 01 /02/2025
have caused this Subaward
representatives.
For: THE CITY OF LOS ANGELES
KAREN BASS, Mayor
B Y
Karen Bass, Mayor
Date 01 /24/2025
ATTEST:
HOLLY L. WOLCOTT, City Clerk
;
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l
..�'✓ I , rya a
'i
By
Deputy City Clerk
;
ar"
Jan 27, 2025
Date
APPROVED AS TO FORM:
For: City of El Segundo
MARK D. HENSLEY, CITY ATTORNEY
By
B
cra urn az+ d
u I YIOL69-
Ass�ptant City Attorney
Date Nov. 21 2024
Date
[SEAL]
ATTEST:
By �,w
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Datete it
City Business License Number.
Internal Revenue Service ID Number:
Council File/OARS File Number: C.F. #23-0690; Date of Approval: 06/21/2024
City Contract Number: C-200129
UASI 23 Subaward Agreement 22
Agreement No. 7139
EXHIBIT A
Agreement No. 7139
FY 2023 DHS Standard Terms and Conditions
The Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to all new federal financial
assistance awards funded in FY 2023. 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.
All legislation and digital resources are referenced with no digital links. The FY 2023 DHS
Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fyl5-dhs-
standard-terms-and-conditions.
A.
Certifications
I. DHS financial assistance recipients must complete either the Office of
Management and Budget (OMB) Standard Form 424B Assurances — Non -
Construction Programs, or OMB Standard Form 424D Assurances — Construction
Programs, as applicable. Certain assurances in these documents may not be
applicable to your program, and the DHS financial assistance office (DHS FAO)
may require applicants to certify additional assurances. Applicants are required to
fill out the assurances as instructed by the awarding agency.
II. 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 Federal Regulations
(C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III. By accepting this agreement, recipients, and their executives, as defined in
2 C.F.R. § 170.315, certify that their 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.
I. Recipients must cooperate with any DHS compliance reviews or compliance
investigations conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and
other documents and sources of information related to the federal financial
assistance award and permit access to facilities or personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the
reports.
IV. Recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -
through entities) of federal financial assistance from DHS or one of its awarding
component agencies must complete the DHS Civil Rights Evaluation Tool within
thirty (30) days of receipt of the Notice of Award for the first award under which this
term applies. Recipients of multiple awards of DHS financial assistance should
only submit one completed tool for their organization, not per award. After the
initial submission, recipients are required to complete the tool 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
Civil Rights Evaluation@hq.dhs.gov. This tool clarifies the civil rights obligations
and related reporting requirements contained in the DHS Standard Terms and
FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022
Agreement No. 7139
FY 2023 DHS Standard Terms and Conditions
Conditions. Subrecipients are not required to complete and submit this tool to
DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dlhs-
civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland
Security
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
CivilRightsEvaluation@hq.dhs.gov 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.
Recipients must ensure that project activities performed outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
Recipients must comply with the requirements of the Age Discrimination Act of 1975,
Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.),
which prohibits discrimination on the basis of age in any program or activity receiving
federal financial assistance.
Recipients must comply with the requirements of Titles I, II, and III of the Americans
with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§
12101— 12213), which prohibits recipients from discriminating on the basis of disability
in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities.
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 Pit as any information that permits
the identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. Recipients may also find the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy Template as useful resources
respectively.
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964
(codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the
United States will, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance. DHS implementing regulations
for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
Recipients must comply with Title Vill of the Civil Rights Act of 1966, Pub. L. 90-264, as
amended through Pub. L. 113-4„ which prohibits recipients from discriminating in the sale,
rental, financing, and advertising of dwellings, or in the provision of services in connection
FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022
Agreement No. 7139
FY 2023 DHS Standard Terms and Conditions
therewith, on the basis of race, color, national origin, religion, disability, familial status, and
sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing
and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more dwelling units—
i.e., the public and common use areas and individual apartment units (all units in buildings
with elevators and ground -floor units in buildings without elevators) —be designed and
constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
MMEMP-07f.,
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.
I
Recipients are subject to the non -procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180
as adopted by DHS at 2 C.F.R. Part 3002. 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.
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).
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 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.
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. § 1681 et seq.), which
provide that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
educational program or activity receiving federal financial assistance. DHS implementing
regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
XIII. E.Q, I JQZ6 - i i
E!3hgnce EMOIigTajst and PUblic Safe,
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the
requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law
enforcement agencies are also encouraged to adopt and enforce policies consistent with
E.O. 14074 to support safe and effective policing.
FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022
Agreement No. 7139
FY 2023 DHS Standard Terms and Conditions
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 seq., which contain
policies relating to energy efficiency that are defined in the state energy conservation plan
issued in compliance with this Act.
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the
Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative
remedies for false claims and statements made.)
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.)
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.
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding
certificates under 49 U.S,C.) for international air transportation of people and property to
the extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the
interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
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
g uidelines of Section 6 of the Hotel and Motel Fire Safety Act of 199,0, 15 U.S.C, § 2225a
XX.
Recipients, subrecipients, and their contractors and subcontractors are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and
2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix 11 to 2 C.F.R. Part 200. Beginning
August 13, 2020, the statute — as it applies to DHS recipients, subrecipients, and their
contractors and subcontractors — prohibits obligating or expending federal award funds on
certain telecommunications and video surveillance products and contracting with certain
entities for national security reasons.
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et
seq.) prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful
access to personas with limited English proficiency (LEP) to their programs and services.
For additional assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-
department- supported -organizations -provide -meaningful -access -people -limited and
additional resources on http://www.lep.gov. N
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Y 2023 DHS Standard Terms and Conditions
XXI I ,
Recipients must comply with 31 U.S.C. § 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.
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.
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.
XXIV. -
It is DHS policy to ensure the equal treatment of faith -based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6
C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the
participations of faith- based organizations in individual DHS programs.
XXV.
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.
XXVI. N21jga of F n in rpjly ReqUiremel3t
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.
XXVII. patepliand 1ptgllg
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et 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. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition.
XXIX.
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. § 794,) which provides
FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022
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FY 2023 DH''S Standard Terms and Conditions
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.
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 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.
Reporting of first tier subawards.
Recipients are required to comply with the requirements set forth in the government -wide
award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part
170, Appendix A, the full text of which is incorporated here by reference in the award terms
and conditions.
XXXII. ReguiEad Qs9,Qf 6mgdcaa I CO. SWQIL2gi
Recipients must comply with the "Build America, Buy America" provisions of the
Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of
Federal financial assistance from a program for infrastructure are hereby notified that
none of the funds provided under this award may be used for a project for infrastructure
unless:
(1) all iron and steel used in the project are produced in the United States --this means all
manufacturing processes, from the initial melting, stage through the application of coatings,
occurred in the United States;
(2) all manufactured products used in the project are produced in the United States —this
means the manufactured product was manufactured in the United States; and the cost of
the components of the manufactured product that are mined, produced, or manufactured in
the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law
or regulation; and
(3) all construction materials are manufactured in the United States —this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Ivor
does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project.
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FY 2023 DHS Standard Terms and Conditions
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. Information on the process for requesting a waiver from these requirements
is on the website below.
(a) When the Federal agency has made a determination that one of the following
exceptions applies, the awarding official may waive the application of the domestic
content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with
the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more than
25 percent.
A request to waive the application of the domestic content procurement preference must
be in writing. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing
waiver described at " Q Ameriga" Preference in FEMA Financial Assistance Programs for
Infrastructure i FEMA. ov.
The awarding Component may provide specific instructions to Recipients of awards from
infrastructure programs that are subject to the `Build America, Buy America" provisions.
Recipients should refer to the Notice of Funding Opportunity for further information on the
Buy America preference and waiver process.
XXXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply with
the SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications.
XXXIV. 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.
Trafficking in Persons.
Recipients must comply with the requirements of the government -wide financial assistance
award term which implements Section '105 (g) of the Trafficking Victims Protection .Act of
2000 ('TV'PA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2
C.F.R. § 175.15, the full text of which is incorporated here by reference.
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FY 2023 DHS Standard Terms and Conditions
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, Appendix A, the full text of which is
incorporated here by reference.
. •:: : • ,+
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
r �■. IILRT#roll Wei
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.
Recipients must comply with the statutory requirements for whistleblower protections (if
applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C.. §§
4304 and 4310.
FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022
Agreement No. 7139
EXHIBIT B
Agreement No. 7139
�
WERNOR'S OFFICE
a
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES 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.
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
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 Managernent and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a
subaward has been made, including changes to period of performance or terms and
conditions, Applicants will be notified of the changes in writing. Once notification has
been made, any subsequent request for funds will indicate Applicant acceptance of
the changes to the subaward.
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:
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CalOE
t
p i
GOVERNOR'S OFFICE
5
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(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;
(d) The 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) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period 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.
g 1
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Agreement No. 7139
C OE,4S
al
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(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 Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principle
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 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;
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Agreement No. 7139
Cal OES
pQQVERNQR'S OFFICE
OF EMERSENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(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 (4) (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:
(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 et seq.), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground -floor units in buildings without elevators) —
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Agreement No. 7139
GOVERROOR'S OFFICE
OF EMERGENCYSIERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
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;
(k) Department of Homeland Security (DHS) policy to ensure the equal
treatment of faith -based organizations, under which the Applicant 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 §§12940-12957), as applicable. FEHA
prohibits harassment and discrimination in employment because of ancestry,
familial status, race, color, religious creed (including religious dress and
grooming practices), sex (which includes pregnancy, childbirth, breastfeeding
and medical conditions related to pregnancy, childbirth or breastfeeding),
gender, gender identity, gender expression, sexual orientation, marital status,
national origin, ancestry, mental and physical disability, genetic information,
medical condition, age, pregnancy, denial of medical and family care leave,
or pregnancy disability leave, military and veteran status, and/or retaliation for
protesting illegal discrimination related to one of these categories, or for
reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the
Applicant certifies that it will maintain a drug -free workplace and a drug -free
awareness program as outlined in the Act.
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.
al OES
Syr- v GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
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;
(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);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(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.); and
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Agreement No. 7139
Cal OES
r4tl4fQOv6RNOR*S
OFFICE
F ENERSENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(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 section 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.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will perform the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit
Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
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
False Claims for Pa meat - The Applicant will comply with 31 U.S.0 § § 3729-3733
which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds,
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Agreement No. 7139
GdOES
h OOVERNOR'S OFFICE
w�r OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
and (b) executive compensation data for first -tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set
forth in the government -wide financial assistance award term regarding the System
for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant 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,
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the
Applicant or its subrecipients from: (1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act during
the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The D vis-Bacon ,act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and 5ofet Standards Act. (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Stondards Act (29 U.S.C. § 201 et seq.) as they apply
to employees of institutes of higher learning (IHE), hospitals and other non-
profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 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 U!:iform Rglocation
Assistance and Real Pro, Ae��ati5n Policies Act-qf 1970 P L In�ficslsb
g ( , f
Agreement No. 7139
Cal OES
OCIVERMOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 19,7 (P.L. 93-234) which requires federal award
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;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Actof 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. § 469a-1 et
d
(d) Comply with the Lead -Based Paint PoispniqPrevention 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
The Applicant is 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,_",
�J'
Page 9 of 15 inif I'
arc"
Agreement No. 7139
It. . GpVERNOR'S OFFICE
, rZ4 OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
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.
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 §7920.000 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.
•
F m wIarw
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its 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
The Applicant 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. If the Applicant collectsPll, the Applicant is
required to have a publicly -available privacy policy that describes standards on the
usage and maintenance of PH they collect. The Applicant may refer to the DHS
Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful
resource.
r "o ,° o,
Page 10 of 15 Initials''"
Agreement No. 7139
Ev
G"1Cal
OES
'A
OOVERMOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. § § 401 or 402 and
an acknowledgement of United States Government sponsorship (including the award
number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
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 the Applicant 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
The Applicant 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
The Applicant is required to be, non -delinquent in its 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
The Applicant must comply with Preference for United States Flag Air Carriers: (air
carriers holding certificates under 49 U.S.C. § 41 102) for international air
transportation of people and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act
of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller
General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
Page 11 of 15 Initials iW,,'
Agreement No. 7139
,�,
1,
Cal 0, ES
GOVERNOR'S OFFIOE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
30. Non -supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs
that prohibit supplanting by law, the Applicant 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, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is
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
If the Applicant receives federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities, the
Applicant must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that
prohibit transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. The Applicant is legally responsible for
ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant'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, the Applicant 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 15 Initials*_
Agreement No. 7139
Cal 0E.S
��✓
FFICE
OFF @� ICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant 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
The Applicant 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, the Applicant 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 the Applicant and flow down to any of its 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.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the Build America, Buy America Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive Order
14005. Applicants receiving a federal award subject to BABAA requirements may not
use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States - this
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
Page 13 of 15 Initials- 0111
Agreement No. 7139
Cal OES
a VERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(b) All manufactured products used in the project are produced in the United
States - this means the manufactured product was manufactured in the
United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater
than 55 percent of the total cost of all components of the manufactured
product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under
applicable law or regulation; and
(c) All construction materials are manufactured in the United States - this means
that all manufacturing processes for the construction material occurred in the
United States.
The "Buy America" preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. It does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a "Buy America" preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the structure
or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America"
preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of
the BABAA requirements to be effective for a period of six months, through January 1,
2023. Applicants will not be required to follow the BABAA requirements for FEMA
awards made, and any other funding FEMA obligates, during this waiver period. For
any new awards FEMA makes after January 1, 2023, as well as new funding FEMA
obligates to existing awards or through renewal awards where the new funding is
obligated after January 1, 2023, Applicants will be required to follow the BABAA
requirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance
Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order
14074. The Applicant is also encouraged to adopt and enforce policies consistent with
Executive Order 14074 to support safe and effective policing.
Page 14 of 15 Initials _
Agreement No. 7139
OES
Cal
UI�r fG
GOVERNOR'S OFFICE
e
F EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in these assurances. These assurances are binding on
Applicant, its successors, transferees, assignees, etc, as well as any of its subrecipients.
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 Applicant may be ineligible for award of any
future grants if Cal OES determines that the Applicant: (1) 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. Applicants are bound by DHS Standard Terms
and Conditions 2023, Version 2, hereby incorporated by reference, which can be found
at: https://www.dhs.gov/publication/fyl5-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.
Applicant __44
,,,,,
Signature of Authorized Agent:
Printed Name of Authorized Ageni_...-----.-
... a
Title, a (6 1t� PF 6 �te:�..........�..
Page 15 of 15
*y�
Initials �° �'
Agreement No. 7139
EXHIBIT C
Agreement No. 7139
Agreement No. 7139
EXHIBIT D
Agreement No. 7139
Agreement No. 7139
EXHIBIT E
Agreement No. 7139
California Dover ror's Office of Emergency,Services
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. 7139
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.
9. 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 Date:
(Name) (Signature)
Cal OES ARF Revised 07/31/14
Agreement No. 7139
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#_
Project Amount: UASI $ SHSP $
1, 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.
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. 7139
California I
Pleas6 describe how this watercraft will be used operationally and which response
assets will be deployed using the requested watercraft.
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: late:
(Name) (Signature)
Cal DES WRF Revised 07/11/13
Agreement No. 7139
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
C14YIRVItl1Y1C1V IML-Mlru nw Ivr�w � ���.+�.�..-. •..... �+..•���•-••-� -•-•-•
Paperwork Burden Disclosure Notice
OMB Control Number: 1660-0115
I1II.'1'M9TWE
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 imaintaining the data needed„ and completing and submitting this farm..
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 d eduction 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. §§ 4321-4347; 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 farm 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 farm does not complete the EHP review process, You will be notified by FEMA when your review is complete andlor 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:
( t1ltp 1 rf tl?a_ Bt farY6yu .. fd.d �r to agar tl 4fta11? eal t sq. . t 2. The following website has additional guidance and
instructions on the EHP review process and the information required for the 5H'P review: tierf rtf7. Mgpt j l l npi.i?good-
ftslon"M-p�p�.pt'"d".Eit)gt �,pfnplrrll�:
Submit completed form through your grant administrator who will forward it to PIIF dfRrn� (err2�i itsity. Please use the subject line: EHP
Submission: Project Title, location, Grant Award Number (E)rample, EHP Submission: Courthouse Camera Installation, Any Town, State,
12345; 2011-SS-Oxxxx).
=EMA FORM FF-207-FY-21-100 (formerly 024-0-1)
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Paae 1 of 12
Agreement No. 7139
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) Pana 2 of 12
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SECTION B. PROJECT TYPE
Based on the proposed project activities, determine which project type apipfies 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.
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. F7 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. Renovatio nslup grade sim odifications 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, whilaboards, monitors, displays, and projector screens). Complete Section C.3.
4. [:] 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. E] New construction/addition. Projects in this category involve new construction, addition to, or expansion of a facility. These
projects involve construction of a new budding, or expansion of the footprint or prorde of a current structure. Complete Section
C.5.
6. ❑ 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. F] Other. Projects that do not fit in any of the categories listed above. Complete Section C.7.
=EMA FORM FF-207-FY-21-100 (formerly 024-0-1)
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Agreement No. 7139
SECTION C. PROJECT TYPE DETAILS
Check the box that applies to the proposed project and complete the corresponding details.
1 ❑ 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 completed and 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. ❑ 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 El 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 Iatitudellongitude 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
3, F1 Renovations/upgrades/modifications, or physical security
enhancements to existing structures. If so, Complete Section D.
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Agreement No. 7139
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:
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Agreement No. 7139
i. Provide a list of habitat types and land use at and adjacent to the tower
site (within''Y2 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 % mile of the proposed site? ❑ Yes ❑ No
• 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 coasbine if applicable:
I. Distance to nearest existing telecommunication tower:
m. Have measures been incorporated for minimizing impacts to migratory birds? ❑ Yes ❑ No
• If yes, Describe:
n. Has a Federal Communications Commission (FCC) registration been obtained for this tower? ❑ Yes ❑ No
• If yes, provide Registration #:
• If no, why?
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.
❑ Yes ❑ No
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 6 of 12
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Agreement No. 7139
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 ❑ No
If no, describe power source and detail its installation at the site:
2. ❑ Age of structurelbuilding 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: hip rwrhp dgfM rrpwj.c 1 ❑ Yes ❑ No
If yes, identify the name of the historic property, site and/or district
and the National Register document number:
--
=EMA FORM FF-207-FY-21-100 (forrnerjy 024-0-1)
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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:
Labeled, color photograph of each location where equipment would be
attached to a building or structure:
• Labeled, color aerial photographs of the project site:
• Labeled, color aerial photographs that show the extent of ground
disturbance (if applicable):
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):
b. Are there technical drawings or site plans available?
. If yes, attach:
Appendix A has guidance on prel
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)?
• If yes, attach documentation with this form:
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)?
• If yes, attach documentation with this form:
❑ Required
❑ Required
❑ Required
❑ Attached
❑ Attached
❑ Yes ❑ No
❑ Attached
r for EHP review
❑ Yes ❑ No
❑ Attached
c. Was a NEPA document prepared for this project?
• 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:
❑ Yes ❑ No
❑ Attached
❑ Yes ❑ No
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Page 8 of 12
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Agreement No. 7139
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, venerators)
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 tiles 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 (Ctd + 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 PowerPo'int„ or other graphics -oriented software, and paste the aerial or ground -level photograph on the canvas.
4. Use drawing tools„ such as fine 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. 7139
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.
=EMA FORM FF-207-FY-21-100 (formerly 024-0-1)
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Agreement No. 7139
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.
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
ground -level photograph, or both. This
example has the name and physical address
of the project site.
6hr Tnwor Sits SnmP Cnunty State_ 12° 34' 56.7" N.
New CC-R
Camera
Figure 3. Ground -level photograph with graphic showing
proposed equipment installation.
iSometewm Community Center.123 Elm Street, Sometown. State
Trenching fron
generator to
building's
electrical eervi
22ftx18inx
in.
Generator Pac
4ftx10Itx8
Figure 4. Ground -level photograph showing proposed ground
disturbance area.
=EMA FORM FF-207-FY-21-100 (formerly 024-0-1)
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Agreement No. 7139
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.
Eft and aft
hrl;cronave
Dii5hes at 5Gft
Oft. lAicrowave
Dish at 20ft
Any County Tower, State! '12 3456" IN -34 56780 W
Figure 5. Ground -level photograph showing proposed
locations of new communications equipment on an existing
tower.
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.
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)
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Page 12 of 12
Agreement No. 7139
Cal OES
OF RN 'S Cii CE
1
CY SERVICES
Non -Competitive Procurement Request
Information and Instructions
A Non-competitive procurement transaction is a purchase of property/goods or
services, where only a single source that can provide the services or goods is afforded
the opportunity to offer a price for the specified services or goods. Contracts may
include goods as well as services, and this definition will also apply to those
circumstances (see Subrecipient Handbook (SRH) Section 6.045).
All non-competitive procurements for contracted services or purchased goods greater
than $10,000 must be justified and have prior written approval by Cal OES.
Complete this form and include the required narrative justification (as an attachment)
addressing each of the elements outlined in SRH Section 6.045. The Grant Subaward
Director, or their designee identified on the Grant Subaward Signature Authorization
(Cal OES Form 2-103), must sign this form.
This form can be submitted as part of the Grant Subaward Application and/or with a
Grant Subaward Modification (Cal IDES Form 2-223), if not previously approved as part
of the Grant Subaward Application.
Non -Competitive Procurement Request -Cal OES 2-156 (Revised 1 1 /2020)
Agreement No. 7139
J
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
REQUEST FOR NONCOMPETITIVE PROCUREMENT AUTHORIZATION
Grant Program:
Grant Award No.(s):
Subrecipient Name:
If Subaward, list second -tier Subrecipient:
Project No.(s):
Project Title(s):
Requested Amount:
Vendor:
FIPS #:
Feedback # (if applicable):
Contract Total:
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 item(s)/service(s) in
the past?
❑ Yes ❑ No
If Yes, attach the most recent approval letter and Noncompetitive Procurement
Authorization form.
3. Is this noncompetitive procurement being made under a multi -year contract?
❑ Yes ❑ No
If No, proceed to question 6.
4. 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.
5. 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.2122)
Agreement No. 7139
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.
• 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.
9. Do you have documentation to support profit negotiation?
❑ 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 Name: Signature: Date:
Agent:
Primary Name: Signature: Date:
Subrecipient:
Cal OES Internal Use
Date Submitted:
Page 2 of 3 (Rev.2/22)
Agreement No. 7139
Procurement Type: ❑Single Source ❑Public Emergency ❑Inadequate Competition
Attachments enclosed:
Previous Approval Letter
Previous Noncompetitive Procurement Authorization Request form for this item (s) /service (s)
❑ Cost/Price Analysis
❑ Other Supporting Documents:
......
Program Representative Review - Comments:
Unit Chief Review - Comments:
�..................�_ _ .....................
F ] Approved ❑ Denied
Grants Procurement Compliance Manager - Comments:
............................ . . ...
Grants Procurement Compliance Manager: Date:
Page 3 of 3 (Rev.2/22)
Agreement No. 7139
EXHIBIT F
Agreement No. 7139
Mayor's Office of Public Safety
City of Los Angeles
Subrecipient Grants Management Assessment
1 Very Low
2 tow
3 Mrd%ortt�
Infntmaagsrn ,s� ; „77 ,"
^.....m„�,��,....,.,.�w..-....�..�. -....s-...�.
Date of Assessment . L
Mayor's
Grant Name and Gran[ Year UA 51 FY 23 ��
Office
Use
5ofrreu.fJvtlettl Nlame""" `� _...._ .-._....._._.W..-._.rvrv...
only
type of Non -Federal Enti ,Local 1PA, Non -Profit
Grant Administration Yes In Pro reps No NA Comments
1. Prior to receiving a subaward from the City of Los Angeles,
did the organization receive a Federal grant (direct or
�f
�—
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 and
'records retention?
3. Does the organization have a method in place to track
r2'ects performed under Federal awards?
4. Does the organization have a method in place to crack
'revenues and expenditures separately and distinctly from
'><1
'other sources of revenues andex en es?
5. Does the organization have a method In place to track
costs incurred against the approved grant budge"
Personnel
Yes
In Progress
No
N/A
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
X
Requirements, Cost Principles, and Audit Requirements for
Federal Awards 2 CFR Part 200
7. Does the organization have a structure in place whereby
X
the preparer of documents is different than the approver?
g. Are timesheets used to track the time staff spend on
s ecifia rants?
.X
Audits
Yes
In Pro ress
No
N/A
eomments�
•.
9. Did the organization receive more than $750,000 in Federal
x
swards in the 2ast 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 Projress
No
N/A
comments
,,,,m,m_mm_mmmm_
13. Does the organization have documented policies and
procedures in place related to fraud investigations and
re�Qrtin�7 ��M
�,
'..14. Does the organization have equipment monitoring
policies in place, including the tracking and safeguarding of
X
equipment?
15. Does the organization inventory grant -Funded equipment
atleasteve twq ears?
G!/ilip.,li niii�nG%%i/ /i�/i/i/"/iJ�/i d/,iJ(, 1/o�/r/////%l6 /1(l r tr(/1' �//,"r%'"� d!/11��',!/✓ii /n//!!%Alf !,%r ��
�n/�� J/ �,��i%�/trl//�/�%//e✓ll�i�ir�l�r„)//iil%// lr/ , i/�` � %1�(�//, /Jl ei�, ,//,/�,";i %,!/%� i �i//��r��//';,%l//,91r; /,�O1r��/// rk
Illr!?///`
w� ,I///��
-
sal�tf�-.?--may
P+lamr (Ffleof Preparer Signa ut re` c;� Date
Name/Title of Mayor's Office Reviewer 91
Name/Title of Mayor's Office Reviewer H2
Signature
Signature
Date
Date