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11. APPROVED BUDGET (Excludes Direct Assistance) I Financial Assistance from the Federal Awarding Agency Only II Total project costs including grant funds and all other financial participation a. b. c. d. e. f. g. h. i. j. k. Salaries and Wages Fringe Benefits Total Personnel Costs Equipment Supplies Travel Construction Other Contractual ……………….................. ……………….................. .…...….…… ……………………………. ……………………………. ……………………………. ……………………………. ……………………………. …………………….……… 12. AWARD COMPUTATION a. Amount of Federal Financial Assistance (from item 11m) b. Less Unobligated Balance From Prior Budget Periods c. Less Cumulative Prior Award(s) This Budget Period d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 13. Total Federal Funds Awarded to Date for Project Period 14. RECOMMENDED FUTURE SUPPORT (Subject to the availability of funds and satisfactory progress of the project): 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ALTERNATIVES: TOTAL DIRECT COSTS a. b. c. d. e. DEDUCTION ADDITIONAL COSTS MATCHING OTHER RESEARCH (Add / Deduct Option) OTHER (See REMARKS) INDIRECT COSTS l. TOTAL APPROVED BUDGET 16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: m. n. Federal Share Non-Federal Share a. b. c. d. The grant program legislation. The grant program regulations. This award notice including terms and conditions, if any, noted below under REMARKS. Federal administrative requirements, cost principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. 9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR 10a. GRANTEE AUTHORIZING OFFICIAL 10b. FEDERAL PROJECT OFFICER 1. DATE ISSUED MM/DD/YYYY 1a. SUPERSEDES AWARD NOTICE dated except that any additions or restrictions previously imposed remain in effect unless specifically rescinded NOTICE OF AWARD AUTHORIZATION (Legislation/Regulations) 2. CFDA NO. 3. ASSISTANCE TYPE 4. GRANT NO. Formerly 5. TYPE OF AWARD 4a. FAIN 5a. ACTION TYPE 6. PROJECT PERIOD From MM/DD/YYYY Through MM/DD/YYYY 7. BUDGET PERIOD From MM/DD/YYYY Through MM/DD/YYYY 8. TITLE OF PROJECT (OR PROGRAM) ALL AMOUNTS ARE SHOWN IN USD YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS a. b. c. d. e. f. REMARKS (Other Terms and Conditions Attached - Yes No) 17.OBJ CLASS 18a. VENDOR CODE 18b. EIN 19a. UEI 19b. DUNS 20. CONG. DIST. FY-ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION 21. a. b. c. d. e. 22. a. b. c. d. e. 23. a. b. c. d. e. 07/28/2023 Department of Homeland Security 97.106 - Cooperative Agreements, I - USE OF PROPERTY, FACILITIES, OR EQUIPMENT, L - DISSEMINATION OF TECHNICAL INFORMATION Cooperative Agreement DHS Grants and Financial Assistance Division (GFAD) 20CWDSTC00016-04-00 Other 20CWDSTC00016 Non-Competing Continuation 301 7th Street, SW, RM 3051 Mail Stop 0115 Washington, DC 20528 09/25/2020 10/31/2031 08/01/2023 07/31/2024 Section 4(a)(12) of the Nuclear Forensics and Attribution Act, Public Law 111-140 Maricopa County Securing the Cities Program Maricopa, County Of 5630 E Mcdowell Rd Department of Emergency Management Phoenix, AZ 85008-3455 Ms. Sara Latin 5630 E Mcdowell Rd Maricopa Office of Emergency Mgmt Phoenix, AZ 85008-3455 Phone: 602-273-1411 Ms. Sara Latin 5630 E Mcdowell Rd Maricopa Office of Emergency Mgmt Phoenix, AZ 85008-3455 Ki L Harvey 245 Muarry Lane Washington, DC 20528-0001 Phone: 202-254-7139 4,155,000.00 II 1,980,000.00 238,517.00 0.00 89,138.00 2,175,000.00 6,459,831.00 327,655.00 5 8 1,956,655.00 9,485.00 6 20,000.00 0.00 9 7 10 1,343,436.00 0.00 b 3,657,231.00 497,769.00 4,155,000.00 4,155,000.00 0.00 This amendment approves $2,175,000.00 in new funding and $1,980,000.00 carryover. GRANTS MANAGEMENT OFFICIAL: Janet Bailey 7th and D Street SW Washington DC , DC 20407 Phone: (202)447-0362 4100 866000472 1866000472A8 077535144 09 O30670350411 CWDSTC00016A STC $2,175,000.00 70350411 YC11KWJKWM97 Federal Financial Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 09/25/2020 09/30/2020 Quarterly 10/30/2020 10/01/2020 12/31/2020 Quarterly 01/30/2021 01/01/2021 03/31/2021 Quarterly 04/30/2021 04/01/2021 06/30/2021 Quarterly 07/30/2021 07/01/2021 09/30/2021 Quarterly 10/30/2021 10/01/2021 12/31/2021 Quarterly 01/30/2022 01/01/2022 03/31/2022 Quarterly 04/30/2022 04/01/2022 06/30/2022 Quarterly 07/30/2022 07/01/2022 09/30/2022 Quarterly 10/30/2022 10/01/2022 12/31/2022 Quarterly 01/30/2023 01/01/2023 03/31/2023 Quarterly 04/30/2023 04/01/2023 06/30/2023 Quarterly 07/30/2023 07/01/2023 09/30/2023 Quarterly 10/30/2023 10/01/2023 12/31/2023 Quarterly 01/30/2024 01/01/2024 03/31/2024 Quarterly 04/30/2024 04/01/2024 06/30/2024 Quarterly 07/30/2024 07/01/2024 09/30/2024 Quarterly 10/30/2024 10/01/2024 12/31/2024 Quarterly 01/30/2025 01/01/2025 03/31/2025 Quarterly 04/30/2025 04/01/2025 06/30/2025 Quarterly 07/30/2025 07/01/2025 09/30/2025 Quarterly 10/30/2025 10/01/2025 12/31/2025 Quarterly 01/30/2026 01/01/2026 03/31/2026 Quarterly 04/30/2026 04/01/2026 06/30/2026 Quarterly 07/30/2026 07/01/2026 09/30/2026 Quarterly 10/30/2026 10/01/2026 12/31/2026 Quarterly 01/30/2027 01/01/2027 03/31/2027 Quarterly 04/30/2027 04/01/2027 06/30/2027 Quarterly 07/30/2027 07/01/2027 09/30/2027 Quarterly 10/30/2027 10/01/2027 12/31/2027 Quarterly 01/30/2028 01/01/2028 03/31/2028 Quarterly 04/30/2028 04/01/2028 06/30/2028 Quarterly 07/30/2028 07/01/2028 09/30/2028 Quarterly 10/30/2028 10/01/2028 12/31/2028 Quarterly 01/30/2029 01/01/2029 03/31/2029 Quarterly 04/30/2029 04/01/2029 06/30/2029 Quarterly 07/30/2029 07/01/2029 09/30/2029 Quarterly 10/30/2029 10/01/2029 12/31/2029 Quarterly 01/30/2030 01/01/2030 03/31/2030 Quarterly 04/30/2030 04/01/2030 06/30/2030 Quarterly 07/30/2030 2 of 07/28/2023 20CWDSTC00016-04-00 2 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 4 07/01/2030 09/30/2030 Quarterly 10/30/2030 10/01/2030 12/31/2030 Quarterly 01/30/2031 01/01/2031 03/31/2031 Quarterly 04/30/2031 04/01/2031 06/30/2031 Quarterly 07/30/2031 07/01/2031 09/30/2031 Quarterly 10/30/2031 10/01/2031 10/31/2031 Final 01/29/2032 Performance Progress Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 09/25/2020 09/30/2020 Quarterly 10/30/2020 10/01/2020 12/31/2020 Quarterly 02/03/2021 01/01/2021 03/31/2021 Quarterly 04/30/2021 04/01/2021 06/30/2021 Quarterly 07/30/2021 07/01/2021 09/30/2021 Quarterly 10/30/2021 10/01/2021 12/31/2021 Quarterly 01/30/2022 01/01/2022 03/31/2022 Quarterly 04/30/2022 04/01/2022 06/30/2022 Quarterly 08/05/2022 07/01/2022 09/30/2022 Quarterly 11/05/2022 10/01/2022 12/31/2022 Quarterly 01/30/2023 01/01/2023 03/31/2023 Quarterly 04/30/2023 04/01/2023 06/30/2023 Quarterly 07/30/2023 07/01/2023 09/30/2023 Quarterly 10/30/2023 10/01/2023 12/31/2023 Quarterly 01/30/2024 01/01/2024 03/31/2024 Quarterly 04/30/2024 04/01/2024 06/30/2024 Quarterly 07/30/2024 07/01/2024 09/30/2024 Quarterly 10/30/2024 10/01/2024 12/31/2024 Quarterly 01/30/2025 01/01/2025 03/31/2025 Quarterly 04/30/2025 04/01/2025 06/30/2025 Quarterly 07/30/2025 07/01/2025 09/30/2025 Quarterly 10/30/2025 10/01/2025 12/31/2025 Quarterly 01/30/2026 01/01/2026 03/31/2026 Quarterly 04/30/2026 04/01/2026 06/30/2026 Quarterly 07/30/2026 07/01/2026 09/30/2026 Quarterly 10/30/2026 10/01/2026 12/31/2026 Quarterly 01/30/2027 01/01/2027 03/31/2027 Quarterly 04/30/2027 04/01/2027 06/30/2027 Quarterly 07/30/2027 07/01/2027 09/30/2027 Quarterly 10/30/2027 10/01/2027 12/31/2027 Quarterly 01/30/2028 01/01/2028 03/31/2028 Quarterly 04/30/2028 04/01/2028 06/30/2028 Quarterly 07/30/2028 07/01/2028 09/30/2028 Quarterly 10/30/2028 3 of 07/28/2023 20CWDSTC00016-04-00 3 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 4 10/01/2028 12/31/2028 Quarterly 01/30/2029 01/01/2029 03/31/2029 Quarterly 04/30/2029 04/01/2029 06/30/2029 Quarterly 07/30/2029 07/01/2029 09/30/2029 Quarterly 10/30/2029 10/01/2029 12/31/2029 Quarterly 01/30/2030 01/01/2030 03/31/2030 Quarterly 04/30/2030 04/01/2030 06/30/2030 Quarterly 07/30/2030 07/01/2030 09/30/2030 Quarterly 10/30/2030 10/01/2030 12/31/2030 Quarterly 01/30/2031 01/01/2031 03/31/2031 Quarterly 04/30/2031 04/01/2031 06/30/2031 Quarterly 07/30/2031 07/01/2031 09/30/2031 Quarterly 10/30/2031 10/01/2031 10/31/2031 Final 01/29/2032 4 of 07/28/2023 20CWDSTC00016-04-00 4 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 4 AWARD ATTACHMENTS Maricopa, County Of 20CWDSTC00016-04-00 Award Letter 1. FY 2023 DHS Terms and Conditions Version 2 Dated November 29 2022 (1) 2. GFAD Terms and Conditions 3. U.S. Department of Homeland Security Washington, DC 20528 July 28, 2022 Ms. Sara B. Latin Administrative Services Manager Maricopa County Department of Emergency Management 5630 E McDowell Rd Phoenix, AZ 85008-3403 RE: Agreement No. 20CWDSTC00016 Dear Ms. Latin: The Department of Homeland Security (DHS) has approved your Securing the Cities continuation application in the amount of $2,175,000.00 and $1,980,000.00 carryover. We want to provide guidance on the assignment of personnel working with principal partners. It is crucial to the success of the program for each principal partner to assign personnel of sufficient rank possessing necessary authority to be able to make decisions for their organizations. Additionally, principal partners may be designated in subsequent years during continuation award periods. Sub-partners should also be included in the resulting regional nuclear detection program and plans, but do not need to be identified in a region’s continuation application. Because a layered defense inside and surrounding an HRUA is required to detect and prevent terrorist attacks and other high consequence events in the HRUA, partnerships with outlying areas are essential. The lead HRUA agency uses STC’s funding, along with advice from their federal partners (CWMD, FBI, DOE, etc.), to determine how to allocate resources to outlying areas in a way that will best enhance the HRUA’s defense against a Page 2 Maricopa Continuation Award Letter radiological/nuclear (R/N) attack. The lead agency is empowered to designate principal partners and sub-partners that will support the region’s efforts to accomplish STC goals and objectives. Designated STC partners, whether located within or outside of the FEMA designated HRUA, are eligible to receive STC resources as long as the purpose of providing the resources is to enhance the ability to detect and prevent terrorist attacks and other R/N threats to and in the HRUA. Any funding passed through to partners and sub-partners must be documented through subawards consistent with 2 C.F.R. Part 200. If you have questions concerning this award, please contact the appropriate DHS official listed below. Program/Technical matters: Program Officer, Ki Harvey ki.harvey@hq.dhs.gov Desk: 202-893-7908 Cell: 202-961-8010 Grant/Fiscal related matters: Grant Officer, Ms. Janet Bailey Email: Janet.Bailey@HQ.DHS.GOV Phone: (202) 505-8897 Sincerely, Janet Bailey Grants Officer Grants and Financial Assistance Division Office of Procurement Operations Office of the Chief Procurement Officer Cc: Aimee.Mankins@maricopa.gov JANET T BAILEY Digitally signed by JANET T BAILEY Date: 2023.07.25 13:51:42 -04'00' November 29, 2022 FY 2023 DHS Standard Terms & Conditions: Version 2 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/fy15-dhs- standard-terms-and-conditions. A. Assurances, Administrative Requirements, Cost Principles, Representations and 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. B. General Acknowledgements and Assurances 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 CivilRightsEvaluation@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 and Conditions November 29, 2022 FY 2023 DHS Standard Terms & Conditions: Version 2 Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension 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. C. Standard Terms & Conditions I. Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. II. Activities Conducted Abroad 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. III. Age Discrimination Act of 1975 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. IV. Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. V. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. VI. Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 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. VII. Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, 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 and Conditions November 29, 2022 FY 2023 DHS Standard Terms & Conditions: Version 2 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.) VIII. Copyright 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. IX. Debarment and Suspension 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. X. Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). XI. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions 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. XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 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.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. FY 2023 DHS Standard Terms and Conditions November 29, 2022 FY 2023 DHS Standard Terms & Conditions: Version 2 XIV. Energy Policy and Conservation Act 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. XV. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) XVI. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) XVII. Federal Leadership on Reducing Text Messaging while Driving 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. XVIII. Fly America Act of 1974 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. XIX. Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. 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. XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. FY 2023 DHS Standard Terms and Conditions November 29, 2022 FY 2023 DHS Standard Terms & Conditions: Version 2 XXII. Lobbying Prohibitions 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. XXIII. National Environmental Policy Act 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. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. XXV. Non-Supplanting Requirement 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. Notice of Funding Opportunity Requirements 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. Patents and Intellectual Property Rights 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. XXVIII. Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 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. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides FY 2023 DHS Standard Terms and Conditions November 29, 2022 FY 2023 DHS Standard Terms & Conditions: Version 2 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. XXX. Reporting of Matters Related to Recipient Integrity and Performance 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. XXXI. Reporting Subawards and Executive Compensation 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. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials 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. 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. FY 2023 DHS Standard Terms and Conditions November 29, 2022 FY 2023 DHS Standard Terms & Conditions: Version 2 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 "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. 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. XXXV. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), 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. FY 2023 DHS Standard Terms and Conditions November 29, 2022 FY 2023 DHS Standard Terms & Conditions: Version 2 XXXVI. Universal Identifier and System of Award Management 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. XXXVII. USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. XXXVIII. Use of DHS Seal, Logo and Flags 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. XXXIX. Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. CONTINUATION TERMS AND CONDITIONS GRANTS AND FINANCIAL ASSISTANCE DIVISION (GFAD) In addition to the DHS Standard Terms and Conditions as outlined here: In addition to the DHS Standard Terms and Conditions shown in Article II, below, and at: DHS Standard Terms and Conditions, the following Terms and Conditions apply specifically to this Award as administered by the Grants and Financial Assistance Division (GFAD): ARTICLE I. GENERAL ADMINISTRATIVE TERMS AND CONDITIONS A. GENERAL TERMS AND CONDITIONS This award is subject to the requirements of the Terms and Conditions outlined in your original award document. The recipient and any sub-recipient must continue to comply with these terms and conditions, as well as the updated terms and conditions presented below. B. AWARD SPECIFIC TERMS AND CONDITIONS -This Award does not include any Award Specific Terms and Conditions. C. DHS PROGRAMMATIC INVOLVEMENT -Previous DHS programmatic involvement remains in effect. D. GOVERNING PROVISIONS This award is subject to the requirements of the Governing Provisions outlined in your original award. E. ORDER OF PRECEDENCE The terms and conditions of this Award. 1. The Funding Opportunity, DHS-ST-19-106-STC-0001, Securing the Cities Program 2. Application and Assurances dated 7/7/2023 3.