HomeMy WebLinkAboutSanta Clara County - 2013 Homeland Security Grant FundsAGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF GILROY GRANTING PROGRAM FUNDS FOR THE DISTRIBUTION
OF 2013 HOMELAND SECURITY GRANT PROGRAM FUNDS
This agreement is made November 15, 2013 by and between the County of Santa Clara (County)
and the City of Gilroy(City) for the distribution of 2013 Homeland Security Grant Program Funds.
RECITALS
WHEREAS, the 2013 Homeland Security Grant Program is made up; the State Homeland Security
Program (SHSGP, CFDA #97.067); and
WHEREAS, the SHSGP Program supports the implementation of State Homeland Security
Strategies to address the identified planning, organization, equipment, training, and exercise needs
for acts of terrorism and other catastrophic events. in addition, SHSGP supports the
implementation of the National Preparedness Guidelines, the National Incident Management
System (NIMS), and the National Response Framework (NRF);
WHEREAS, the State has designated the County of Santa Clara as the Operational Area for
purposes of distributing SHSGP funds to the cities, special districts and other entities within the
County. An Anti- Terrorism Approval Body (County Approval Authority) has been appointed for
the purpose of approving the distribution of SHSGP funds at the Operational Area level;
WHEREAS, on October 25, 2013 the California Emergency Management Agency awarded the
County a 2013 Homeland Security Grant of $1,760,533. The allocation of the SHSGP funds
$1,760,533, will be determined by the County Approval Authority in accordance with the grant
guidelines; and
NOW THEREFORE, the parties agree as follows:
THE AGREEMENT
Article I. Payment
1. Payment Eligibility
Unless otherwise approved in advance by the Santa Clara County OES Grants
Administrator (hereinafter "grants administrator'), only an actual cash disbursement by the
City for a claimed expense is eligible for reimbursement by the County as approved and
specified in Exhibit A, SHSGP Project Funding, which is attached and hereby incorporated
into this Agreement.
2. Amount of Payment
The County will provide the City, unless otherwise specified, with the equipment, supplies
and/or other resources as set forth in Exhibit A, SHSGP Project Funding. Specifications for
such equipment shall be provided by the City's requesting agency to the County for the
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Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant Programs
appropriate procurement process. City's requesting agency will be notified when the
procurement process is complete for final approval of equipment prior to the order being
placed. If, through previous agreement with the County, the City is to procure its own
equipment, performance milestone dates will apply (refer to Article Il, Section 3(a)).
The County may reallocate SHSGP funds as specified in Article 1, section 3 of this
Agreement. County does not guarantee a minimum payment to the City.
Funds in the amount of $100,000 have been set aside for the training program from the total
Homeland Security grant to be allocated during the term of this Agreement. The Office of
Emergency Services will allocate' training funds to agencies as determined by the
Training/Exercise Advisory Group.
Authorized personnel budgets are allowable within the Sheriff's Office, County Office of
Emergency Services, Central Fire, and Public Health Emergency Medical Services. The
personnel budget for these departments will reflect the expenditure authority.
Reimbursement for actual cash disbursements will be requested through the County Office
of Emergency Services. Based on the preference of the Department/Agency,
reimbursement requests may be requested on a monthly or quarterly basis. For County
Departments, reimbursement will be made via inter - county transfer. For all others, a
county warrant will be issued.
3. Maximum Amount Payable
Subject to the availability of fiends and the priorities established by the Approval
Authority, the maximum amount of SHSGP funds payable by the County to the Cityunder
this Agreement must not exceed the total amount of the 2013 Homeland Security Grant as
allocated by the County Approval Authority.
4. Reallocation of SHSGP Grant Funds
For the purpose of maximizing the resources available for disaster preparedness within the
Operational Area, the City agrees that the County Approval Authority mayreallocate funds
under this agreement to the City or to another applicant if County determines that a City is
unable to utilize the amount allocated under this Agreement. County may base its
determination on factors that include, but are not limited to the following: delivery
timelines, fund expenditure capabilities, and timeliness of expenditure. County will notify
the City in writing of any determination to reallocate funds, by issuing a "Notice of
Reallocation." SHSGP funds will be put forth to the County Approval Authority for
reallocation. The City agrees that the County has the authority to increase or decrease the
maximum amount payable under this Agreement as specified in the Notice of Reallocation
document without liability and County has the authority to amend Exhibit A, "SHSGP
Project Funding," accordingly. Upon issuance, the Notice of Reallocation will
automatically become part of this Agreement.
Page 2 of 9
Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant Programs
Article II. Use of Funds.
1. Scone of Services
(a) If the City has been allocated funding for a project, Exhibit A, "SHSGP Project. Funding,"
will serve as the basis for the project. A further detailed description may be necessary and
will be requested by the County if needed to be incorporated by reference herein. If future
funding is allocated, the City will provide a detailed description of the approved project to
be attached hereto and incorporated by reference herein.
(b) The City will use the funds granted under this Agreement only for the purpose of
obtaining equipment, training and exercise and implementing applicable programs
authorized under the 2013 Homeland Security Grant Program.
(c) The City will use funds and equipment granted under this Agreement in a manner
consistent with:
1. the applications submitted by the County to the State for the grant under this
Agreement;
2. the grant guidance issued by the State for the grant under this Agreement; and
3. the notifications issued by the State of the approval of the grant under this Agmmrd
(d) The documents described in Article Il 1(c) (1) -(3) of this Agreement (collectively the
"State Grant Requirements ") are on file with the County and the granting agencies of the
State, and are hereby incorporated into this Agreement. The Cityhereby acknowledges that
it has received a copy of the State Grant Requirements.
2. Master Grant Obligations
(a) The City agrees to comply with all applicable requirements and assurances contained
in the State Grant Requirements and attached as Exhibit B, "Grant Assurances ". The
City may designate vendors or sub - recipients to fulfill these obligations, including all
State Grant Requirements and Grant Assurances.
(b) If any provisions of this Agreement conflict with the State Grant Requirements,
the provisions of the State Grant Requirements will control.
(c) The City shall establish and maintain administrative, programmatic and fiscal management
records in accordance with federal and state requirements, and:
1. Maintain financial management systems that support grant activities in accordance
with federal and state requirements, including but not limited to requirements in 44
Code of Federal Regulations ( "C.F.R.") Part 1120, and the Office of Justice Programs
Financial and Administrative Guide for Grants, Part 11, Chapter 3.
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Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant Programs
2. The County of Santa Clara will provide and affix equipment tracking numbers for all
equipment purchased through our procurement process. Using the County issued
tracking number, the City/Town will maintain an equipment tracking ledger that tracks
the equipment within their City/Town and complies with federal and state
requirements, including but not limited to requirements in 44 C.F.R. Parts 13.32 and
.13.33, and the Office of Justice Programs Financial and Administrative Guide for
Grants, Part III, Chapter 6..
(d) The City will ensure that any sub- recipients or contractors with which the
City enters any agreement comply with the certification requirements under 44 C.F.R.
Part 13.35, "Sub- Awards to Debarred and Suspended Parties."
3. Performance and Roorting Requirements
(a) If previously approved by the County and the City is conducting the purchasing
process, the City will comply with the performance milestone dates as indicated
on Exhibit A, "SHSGP Project Funding."
(b) Performance reports, indicating the status of outstanding projects are due to the County
Grants Administrator identified in Article V, Section 1 as follows:
(c) The following dates represent the Grant Performance Period for the SHSGP Program;
• Performance Period 1 (October 25, 2012 — December 31, 2014) — due by
January 15, 2015
• Performance Period 2 (January 1, 2015 — March 31, 2015) — due April 15,
2015
(d) The County will provide the City with a report template (Exhibit C, "Performance
Report"), and the City will utilize the template to complete the performance submittal
to the County.
(e) Payments made by County to the City are conditioned upon the timely receipt of
applicable, accurate and complete reports, including supporting documents, to be
submitted by the City.
(f) The City will notify the County representative identified in Article V, Section 1, within
15 days, when the City has completed all performance obligations for these grants.
(g) City will provide single audit reports to County by July 31St of every fiscal
year.
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Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant Programs
4. Disallowances
(a) Unless otherwise approved in advance by Grants Administrator, the County will not
process any claims for reimbursement submitted by City without proof of'actual cash
disbursement by City for expenses claimed.
(b) During the term of this Agreement, County is not obligated to honor any claim for
payment that is submitted more than three months following the date of the service
for which payment is requested.
(c) All requests for reimbursement must be submitted by April 15, 2015. County will not
process any claims submitted after this date.
Article M. Term and Termination.
1. Term of Agreement
This Agreement is effective from October 25, 2013 to March 31, 2015.
2. - Termination
(a) Either party may terminate this Agreement for cause upon written notice to
the other. Cause includes, but is not limited to a material breach of this Agreement, or
a violation of any applicable laws.
(b) Opportunity to cure. The non- breaching party will give written notice of the
breach to the breaching party, specifying the breach. The breaching party will not be
deemed in default hereunder and the non - breaching party will not institute proceedings
or exercise any remedies against the breaching party unless the breach has not been
cured, corrected or remedied within thirty (30) days after the giving of such notice of
breach or within such longer period as may be reasonably required to cure, correct or
remedy the breach, provided the breaching party has commenced such cure, correction
or remedy within such thirty (30) day period and diligently and continuously pursues
such cure, correction or remedy.
(c) If this Agreement is terminated, the City will return funding in accordance
with grant guidelines.
(d) Budget Contingency
This Agreement is contingent upon the appropriation of sufficient funding by the state and
County for the services covered by this Agreement. If funding is reduced or deleted for the
services covered by this Agreement, the County has the option to either terminate this
Agreement with no liability occurring to the County or to offer an amendment to this
Agreement indicating the reduced amount.
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Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant Programs
Article IV. Liabilities.
1. Mutual Indemnification
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between the parties pursuant to Government'Code Section 895.6, the parties agree
that all losses or liabilities incurred by a party shall not be shared pro rata but instead the
County and the City agree that pursuant to Government Code Section 895.4, each of the
parties hereto shall fully indemnify and hold each of the other parties, their officers, board
members, employees and agents, harmless from any claim, expense or cost, damage or
liability imposed for injury (as defined by Government Code Section 810.8) occurring by
.reason of the negligent acts or omissions or willful misconduct of the indemnifying party,
its officers, board members, employees or agents, under or in connection with or arising
out of any work, authority or jurisdiction delegated to such party under this Agreement.
No party, nor any officer, board member, employee or agent thereof shall be responsible
for any damage or liability occurring by reason of the negligent acts or omissions or willful
misconduct of other parties hereto, their officers, board members, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction delegated
to such other parties under this Agreement.
Article V. Miscellaneous.
1. Notice
All notices required by this Agreement will be deemed given when in writing and
delivered personally or deposited in the United States mail,, postage prepaid, addressed to
the other party at the address set forth below or at such other address as the party may
designate in writing:
To the City:
Roy Shackel, OES Coordinator
City of Gilroy
7070 Chestnut Street
Gilroy, CA 95020 -6610
To the County:
Michelle Sandoval, Grants Administrator
County of Santa Clara, Office of Emergency Services
55 W. Younger Ave., Suite 450
San Jose, CA 95110
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Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant Programs
2. Compliance and Nondiscrimination
The parties will comply with all applicable Federal, State, and local laws and regulations.
Such laws include but are not limited to the following: Title VII of the Civil Rights Act of
1964 as amended, the Americans with Disabilities. Act of 1990, the Rehabilitation Act of
1973 (Sections 503 and 504), the California Fair Employment and Housing Act
(Government Code sections 12900 et seq.), and California Labor Code sections 1101 and
1102. The parties will not discriminate against any subcontractor, employee, or applicant
for employment because of age, race, color, national origin, ancestry, religion, sex/gender,
sexuaf orientation, mental disability, physical disability, medical condition, political
beliefs, organizational affiliations, or marital status in the recruitment, selection for
training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates
of pay or other forms of compensation. Nor will the parties discriminate in the provision of
services provided under this Agreement because of age, race, color, national origin,
ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability,
medical condition, political beliefs, organizational affiliations, or marital status.
3. County No- Smoldns Policy
Contractor and its employees, agents and subcontractors, shall comply with the County's No
Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as
amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical
Center Campus and all County -owned and operated health facilities, (2) within 30 feet
surrounding County -owned buildings and leased buildings where the County is the sole
occupant, and (3) in all County vehicles.
4. Food and Beverage Standards
Except in the event of an emergency or medical necessity, the following nutritional standards
shall apply to any foods and/or beverages purchased by Contractor with County funds for
County- sponsored meetings or events. If food is to be provided, healthier food options shall
be offered. "Healthier food options" include (1) fruits, vegetables, whole grains, and low fat
and low calorie foods; (2) minimally processed foods without added sugar and with low
sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5
grams of trans fat per serving. Whenever possible, Contractor shall (1) offer seasonal and local
produce; (2) serve fruit instead of sugary, high calorie desserts; (3) attempt to accommodate
special, dietary and cultural needs; and (4) post nutritional information and/or a' list of
ingredients for items served. If meals are to be provided, a vegetarian option shall be provided,
and the Contractor should consider providing a vegan option. If pre- packaged snack foods are
provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack
food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat;
(3) zero trans fat; (4) no more than 35% of total weight from sugar and caloric sweeteners,
except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg
of sodium per serving.
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Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant Programs
If beverages are to be provided, beverages that meet the County's nutritional criteria are (1)
water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar
substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either
nonfat or 1 % low fat) dairy milk; (4) plant - derived milk (e.g., soy milk, rice milk, and almond
milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice
(limited to a maximum of 8 ounces per container); and (6) other low- calorie beverages
(including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving: Sugar-
sweetened beverages shall not be provided.
5. Governing Law
This Agreement has been executed and delivered in, and will be construed and enforced in
accordance with, the laws of the State of California.
6. Assignment
The parties may not assign this Agreement or the rights and obligations hereunder without
the specific written consent of the other.
7. Entire Agreement
This document represents the entire Agreement between the parties with respect to the
subject matter hereof. All prior negotiations and written and/or oral agreements between
the parties with respect to the subject matter of this Agreement are merged into this
Agreement.
8. Amendments
This Agreement may only be amended by an instrument signed by the parties.
9. Counterparts
This. Agreement may be executed in one or more counterparts, each of which will be
deemed to be an original, but all of which together shall constitute one and the same
instrument.
10. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be void,
invalid or unenforceable, the same will either be reformed to comply with applicable law
or stricken if not so conformable, so as not to affect the validity or enforceability of this
Agreement.
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Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant Programs
a waiver of that provision as to that or any other instance. Any waiver granted by a party
must be in writing, and will apply solely to the specific instance expressly -stated.
12. Conflict of Interest
In accepting this Agreement, City covenants that it presently has no interest and will not
acquire any interest, direct or indirect, financial or otherwise, which would conflict in any
manner or degree with the performance of services under this Agreement. City is responsible
for assuring compliance of its subcontractors, if any, with the requirements of-this provision..
13. Certified Resolution of Signature Authority
Upon request of Santa Clara County, City will deliver to Santa Clara County a copy of the
resolution(s) authorizing the execution, delivery and performance of this Agreement,
certified as true, accurate and complete by the appropriate authorized representative of City.
Signed:
COUNTY OF SANTA CLARA
By
James Williams Date
Deputy County Executive
Approved as to Form and Legality:
OF GILROY
By
Tom Haglund Da
City Administrator
Approved as to Form:
III C� *- -�tna2L�
Greta ansen nT _
Depuk County Counsel City Attorney
Exhibit A 2013 SHSGP Project Funding
Exhibit B Grant Assurances
Exhibit C Performance Report Template
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Agreement between the County of Santa Clara and the City of Gilroy
Granting Funds for 2013 Homeland Security Grant.Programs
FYI Homeland Security Grant Program Funded Projects
E
c
a
Requested
A en /Contact Info
Funding Category
Protect Description
Amount
Priority
Allocated Amount
Office of Emergency Services
Training/
Staffing /
Melissa Erickson
Exercise/
Contractor to facilitate the
Contractor
(408)X808-7811
Planning
Trainin !Exercise Program
$ 45;000.00 $ 45,000.00
Office of Emergency Services
1/2 time salary cost for Management
Melissa Erickson
M /A/
& Administration of Homeland
Staffing/ M&A
408 808 -7811
Planning
Security Grant Program
$ 75,000.00 $ 75,000.00
EMS
Staffing/
John Montes
Countywide Multi - Hazard Task Force
EMS
408 885 -4250
Planning
Position forEMS
$ 160,000.00 $ 94,000.00
Santa Clara Co. Fire
Staffing/
Chief Ken Kehmna
Countywide Multi- Hazard Task Force
-
Fire
408 341 -4440
Planning
Position for Fire
$ 187,000.00 $ 90;000.00
Sheriffs Office
Staffing/
Sgt. Jeff McCoy
Countywide Multi- Hazard Task Force
Law
408) 808 -7813
Planning
Position for Law Enforcement
$ 185,000.00 $ 107,920.00
All Staff
Training
Training Program
$ 250,000.00 $ 250;000.00
$ -
All Staff
Exercise
Exercise Program
EMS
John Montes
Homeland Security Personnel for
EMS
408 885 -4250
Planning
EMS - Extra Help
$ 75,000.00 $ 75,000.00
SCCo Communications
EMG
Bart Hildebrand
408 977 -3205
Equipment
SYRIA- Inter O Comm/Design
$ 312,000.00 1 $ 312,000.00
Sheriffs Office
Juan;Gallardo
14q8 )808-4650
E ui merit
COPLINK
$ 188,000 00 $ 188,000.00
Lt. Vinicia Meta
EMG
SCC Emergency Mgrs Assoc.
408 730 -7198
1 Planning
Emergency Volunteer Center (EVC)
$ 63,500.00 $ 63 500.00
11/1412013
FYI Homeland Security Grant Program Funded Projects
11/1412013
EMG
Tom Busk
SCCEMA/CADRE Subcommittee
408 577 -2010
Planning
Collaborative Agencies Disaster
Relief Effort CADRE
$ 140,000.00 $ 140,000.00
-
$ 544,000.00 $_ 320,113.00
Law
Sheriffs Office
Sgt. Jeff McCoy
408 808 -7813
Equipment
Mobile Cellular TriangulattonlTracking
S stem
28
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30
31
$ 2,224,500.00
$ 1,760,533.00
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11/1412013
California Governor's Office of Emergency Services
FY 2013 Grant Assurances
(All HSGP Applicants)
Name of Applicant:
Address: �I �f� �6i✓ l Y t'�
City: State: _ Zip Code: 61, Z CJ
Telephone Number: )(40 `i 0 2(Q 2_ Fax NumbeL k ") b T((r — 0 5t) 0
E -Mail Address: +t,M _ hA4 tAr'\ 1(—, C i
As the duly authorized representative of the Applicant, I certify that the Applicant named above:
1. Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year
2013 HSGP Funding Opportunity Announcement.
2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance
the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist
attacks, major disasters and other emergencies.
3. Has the legal authority to apply for federal assistance and has the institutional, managerial and financial
capability to ensure proper planning, management and completion of the grant provided by the U.S. '
Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -
granted through the State of California, California Governor's Office of Emergency Services (Cal OES).
4. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be
transferred between grant programs (for example: State Homeland Security Program and Urban Area
Security. Initiative) or fiscal years.
5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications
submitted to DHS/FEMA/Cal OES, where applicable.
6. Will establish a proper accounting system in accordance with generally accepted accounting standards and
awarding agency directives.
7. Will give the DHS /FEMA, the General Accounting Office, the Comptroller General of the United States,
the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the
right to examine, all paper or electronic records, books, and documents related to the award, and will
permit access to its facilities, personnel and other individuals and information as may be necessary, as
required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of
grant related records, accounts, documents, information and staff.
8. Will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree
to comply with applicable provisions governing DHS /FEMA access to records, accounts, documents,
information, facilities, and staff.
a. Recipients must cooperate with any compliance review or complaint investigation conducted by
DHS/FEMA or Cal OES.
b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and permit access to
(Ch
Page 1 -InitialsKY
facilities, personnel, and other individuals and information as may be necessary, as required by
DHS/FEMA and Cal OES program, guidance, requirements, and applicable laws.
c. Recipients must submit timely, complete, and accurate reports to the appropriate DHS/FEMA and
Cal OES officials and maintain appropriate documentation to support these reports.
d. Recipients must comply with all other special reporting, data collection, and evaluation requirements,
as prescribed by law or detailed in program guidance.
e. If, during the past three years, the Recipient has been accused of discrimination on the grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the Recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office
and the DHS Office of Civil Rights and Civil Liberties.
f. In the event any court or administrative agency makes a finding of discrimination on grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status against the Recipient, or the Recipient settles a case . or matter alleging such discrimination,
Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or
awarding office. The United States has the right to seek judicial enforcement of these obligations.
9. Will comply with any other special reporting, assessments,, national evaluation efforts, or information or
data collection requests, including, but not limited to, the;provision of any information required for the
assessment or evaluation of any activities within this agreement, or detailed in the program guidance.
10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland Security
Advisory Council (HSAC) Fusion Center Guidelines, follow'the federal and state approved privacy
policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability
Planning Tool.
11. Will initiate and complete the work within the applicable timeframe, in accordance with .grant award terms
and requirements, after receipt of approval from Cal OES, and will maintain procedures to minimize the
amount of time elapsing between the award of funds and the disbursement of funds.
12. Will provide timely, complete and accurate progress reports, and maintain appropriate documentation to
support the reports, and other such information as may be required by the awarding agency,. including the
Initial Strategy Implementation Plan (ISIP), within 45 (forty-five) days of the award, and update these
reports and related documentationvia the Grant Reporting Tool (GRT) twice each year.
13. Will provide timely notifications to Cal OES of any developments that have a significant impact on award
supported activities, including changes to key program staff.
14. Agrees to be non - delinquent in the repayment of any federal debt. Examples of relevant debt may be found
in OMB Circular A -129, form SF -424, item #17, and include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments.
15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient
or subrecipient of federal payments shall submit a false claim for payment, reimbursement or'advance.
Administrative remedies may be found in 38 U.S.C. Section 3801 -3812, addressing false claims and
statements made.
16. Will comply with all federal and state laws, executive orders, regulations, program and administrative
requirements, cost principles, audit requirements, policies and any other terms and conditions applicable to
this award.
17. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of
Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, including the payment of interest earned on advances.
- -- _ -
Page 2 Initial
18. Will comply with Office of Management and Budget (OMB) Circular A -102, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the
"A -102 Common Rule "), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR)
Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments "; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR.
Part 215; requirements for allowable costs /cost principles in the A -102 Common Rule, OMB Circular A-
110 (2 CFR § 215.27); OMB Circular A -21, Cost Principles for Educational Institutions, relocated to 2 CFR
Part 220; OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal. Governments, relocated to
2 CFR Part 225; OMB Circular A -122, Cost Principles for Non- Profit Organizations, relocated to 2 CFR
Part 230; and OMB Circular A -133, Audits of States, Local Governments and Non-Profit Organizations, as
applicable.
19. Will comply with all provisions of the L Federal Acquisition Regulations including, but not limited to, Title
48 CFR Part 31.2, Part 31.2 Contract Cos_ t Principles and Procedures, Contracts with Commercial
Organizations.
20. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501 -1508 and 7324 - 7328), which limits the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
21. Will 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 for themselves or
others, particularly those with whom they have family, business, or other connections.
22. Understands and. 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, at any level of government, without the
express prior written approval from DHS/FEMA and Cal OES.
23. Will comply with all applicable lobbying prohibitions and laws, including those found in United States
Code Title 31, § 1352, et seq.; and agrees that none of the funds provided under this 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 concerning the award or renewal of any federal contract,
grant, loan, or cooperative agreement.
24. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority- owned,
women - owned, or disadvantaged businesses, to the extent practicable.
25. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits, whereby any
cost allocable to a particular federal award or cost objective under the principles provided for in this
agreement may not be charged to other federal awards to overcome fund deficiencies.
26. Will ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non - federal sources. Subgrantees and subrecipients may be required to demonstrate, and document
that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of
federal funds.
27. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C, §§ 4801 et
seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures.
28. Will comply with all federal and state laws and regulations relating to civil rights protections and
nondiscrimination. These include, but are not limited to:
Page 3 Initials Qy
a. Title VI of the Civil Rights Act of 1964, Public Law 88- 352,(42 U.S.C. § 2000d et seq.),, as
amended, which prohibits discrimination on the basis of race, color and national origin.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which
prohibits discrimination on the basis of gender.
c. The Americans with Disabilities Act, as amended, which prohibits Recipients from discriminating on
the basis of disability (42 U.S.C. § 12101 et seq.).
d. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of disability in any program receiving federal financial assistance.
e. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits
discrimination on the basis of age.
f. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse.
g. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism.
h. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records.
i. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CPR Part
100), as amended, relating to nondiscrimination in the sale, rental and financing of housing.
j. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination.
k. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the
application for federal assistance is being made and any other applicable statutes.
1. Will, in the event that a federal or state court or federal or state administrative agency makes a: finding
of discrimination after a due process hearing on the grounds or race, color, religion, national origin,
gender, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to
the Office of Civil Rights, Office of Justice Programs. .
m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice
Office of Civil Rights within 60 days of grant award.
n. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1.
29. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91- 646]), which provides 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 interested in real property acquired for project
purposes regardless of federal participation in purchases. Will also comply with Title 44 CFR, Part 25,
Unifonn Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.
30. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental
Considerations.
31. Will comply with all applicable federal, state, and local environmental and historical preservation (EHP)
requirements. Failure to meet federal, state, and local EHP requirements and obtain applicable permits may,
jeopardize federal funding. Agrees not to undertake any project having the potential to impact EHP
resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to,
ground disturbance, construction, modification to any structure, physical security enhancements,
communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment.
The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP
review. Any construction - related activities initiated without the necessary EHP review and approval will
result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and
Page 4 Initials
Cal OES funding. Any change to the scope of work will require re- evaluation of compliance with the EHP.
If ground- disturbing activities occur during the project implementation, the subgrantee must ensure
monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will
immediately cease activity in that area and notify DHS/FEMA and Cal OES and the appropriate State
Historic Preservation Office.
32. Any construction activities that have been initiated prior to the full environmental and historic preservation
review could result in a non - compliance finding. Subgrantees must complete the DHS/FEMA EHP
Screening Form (OMB Number 1660- 0115/FEMA Form 024 -0-01) and submit it, with all supporting
documentation, to their Cal OES program representative, for processing by the DHS/FEMA Grants
Program Directorate EHP.
33. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving
their grant award. The Screening Form for these types of projects is available at:
Nvww.fema. ovg /doc/ government /gEant/bulletins /info329 final screening memo.doc
34. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the
accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating
Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under
consideration for listing by the EPA.
35. Will provide any information requested by DHS/FEMA and Cal OES to ensure compliance with applicable
laws including, but not limited to, the following:
a. Institution of environmental quality control measures under the Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and
Environmental Justice (13012898) and Environmental Quality (EO 11514).
b. Notification of violating facilities pursuant to EO 11738.
c. 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.).
d. Conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93 -523).
f. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080-
21098, and California Code of Regulations, Title 14, Chapter 3 Sections 15000-15007.
g. 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.
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16
USC 3501 et seq.), which prohibits the expenditure of most new federal funds within the units of the
Coastal Barrier Resources System.
36. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the
California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, §- 8607.1(e) and
CCR Title 19, §§ 2445, 2446, 2447, and 2448.
37. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a
publically- available privacy policy that describes what PH they collect, how they plan to use the PH,
whether they share PH with third parties, and how individuals may have their PII corrected where
appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and
templates online at htty: / /www. dhs. gov /xliboi /assets/i)rivacy/privacy pia fuidance june2010.pdf and at
http: / /www. dhs. gov /xlibraLi /assets /t)rivacv /privacy_ pia template.pdf, respectively.
Page 5 lnitia
38. Agrees that all DHS /.FEMA- funded project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are
obtained.
39. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. § 2225(a), whereby
all subgrantees, recipients, and subrecipients.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, 15 U.S.C. § 2225.
40. Agrees that all publications created or published with funding under this grant shall prominently contain the
following statement: "This document was prepared under a grant from FEMA's Grant Programs
Directorate, US. Department of Homeland Security. Points of view or opinions expressed in this document
are those of the authors and do not necessarily represent the official position or policies of FEAMs Grant
Programs Directorate or the U.S. Department of Homeland Security. " The Recipient also agrees that,
when practicable, any equipment purchased with grant funding shall be prominently marked as follows:
"Purchased with funds provided by the U.S. Department of Homeland Security. "
41. Acknowledges thatDHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for federal government purposes: a) the copyright in
any work developed under an award or sub - award, and b) any rights of copyright to which a Recipient or
sub - recipient purchases ownership with federal support. The Recipient agrees to consult with DHS/FEMA _
and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this
funding and has requested through the State of California, federal financial assistance to be used to perform
eligible work approved in the submitted application for federal assistance and after the receipt of federal
financial assistance, through the State of California, agrees to the following:
a. Promptly return to the State of California all funds received which exceed the approved, actual
expenditures as determined by the federal or state government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount
of the reduction will be promptly refunded to the State of California.
c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are
deobligated or disallowed and not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly'repaid following
deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property
for the amount owed.
e. Separately account for interest earned on grant funds, and will all interest earned, in excess of
$100 per federal fiscal year.
42. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. §§ 4728 -4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations
specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R..
900, Subpart F).
43. Will .comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by this award of assistance.
44. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards
Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other
non - profit organizations.
45. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as
amended or updated via later executive order(s) , means information that has been determined pursuant to
EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified
status when in documentary form No funding under this award shall be used to support a contract,
Page 6 Iziitials
subaward, or other agreement for goods or services that will include access to classified national security
information if the Award Recipient has not been approved for and granted access to such information,
appropriate authorities.
46. Agrees that where an Award Recipient has been approved for and has access to classified national security
information, no funding under this award shall be used to support a contract, subaward, or other agreement
for goods or services that will include access to classified national security information by the contractor,
subrecipient, or other entity without prior written approval from the DHS Office of Security, industrial
Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with
whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be
processed and administered in accordance with the DHS "Standard Operating Procedures, Classified
Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other
applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and
other applicable implementing directives or instructions. Security requirement documents may be located
at: hqp:// www. dhs .gov /xopnbiz/grants /index.shtm
47: Immediately upon determination by the Award Recipient that funding under this award may be used to
support a contract, subaward, or other agreement involving access to classified national security information
pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a
contract, subaward, or other agreement, the Award Recipient shall contact ISPB, and the applicable federal
department or agency, for approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrativeSecurity @dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
48. Will comply with the requirements regarding Data Universal. Numbering System (DUNS) numbers. If
recipients are authorized to make subawards under this award, they must fast notify potential subrecipients
that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number.
49. For purposes of this award term, the following definitions will apply
a. "Data Universal Numbering System (DUNS)" number means the nine -digit number established and
assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entities. A DUNS number
may be obtained from D &B by telephone (currently 866 - 705 -5711) or the Internet, currently at
http://fedg_ov dnb.com/webfonn.
b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25,
Subpart C, as a governmental organization, which is a state, local government, or Indian Tribe; or a
foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for -
profit organization; or a federal agency, but only as a subrecipient under an award or subaward to a
non - federal entity.
c. " Subaward" means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the Recipient award
to an eligible subrecipient. It does not include your procurement of property and services needed to
carry out the project or program (for further explanation, see § 210 of the attachment to OMB
Circular A -133, "Audits of States, Local Governments, and Non -Profit Organizations') and maybe
provided through any legal agreement, including an agreement that you consider a contract.
d. " Subrecipient" means an entity that receives a subaward from you under this award, and is
accountable to you for the use of the federal funds provided by the subaward.
.......... ._..._.._. .... ... ......._.. _ ... ...... _........ ......... ........
Page 7
50. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a -7),
the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§ 327 -333); regarding labor standards for.federally- assisted construction sub-
agreements.
51. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense
Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency
medical, hazardous materials response services, and law enforcement agencies within the jurisdiction
of the Applicant, 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.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in
conformance with that Strategy.
52. Will comply with the financial and administrative requirements set forth in the current edition of the DHS
Financial Management Guide.
53. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013
Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to
the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and
use of fiinds under this grant will be in accordance with the Allocations, and use of grant funding must
support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as
well as the investments identified in the Investment Justifications which were submitted as part of the
California FY2013 Homeland Security Grant Program application. Further, use of FYI funds is limited to
those investments included in the California FYI Investment Justifications submitted to DHS/FEMA and
Cal OES and evaluated through the peer review process.
54. Will comply-with Homeland Security Presidential Directive (HSPD) -5, Management of Domestic Incidents.
The adoption of the National Incident Management System (NIMS) is a requirement to receive federal
preparedness assistance, through. grants, contracts, and other activities. The NIMS provides a consistent
nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and
private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate
the effects of incidents, regardless of cause, size, location, or complexity.
55. Will comply with OMB Standard Form 424B Assurances — Non - construction Programs, whereby the
awarding agency may require subgrantees and subrecipients to certify to additional assurances.
56. Will not make any award or pennit any award (subgrant or contract) to any party which is debarred or
suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under
Executive Order 12549 and 12689, "Debarment and Suspension ". As required by Executive Order 12549,
Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary
covered transactions, the Applicant will provide protection against waste, fi-aud and abuse, by debarring.or
suspending those persons deemed irresponsible in their dealings with the federal government. Applicant
certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to .a
denial of federal benefits by a state or federal court, 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:
Page 8 Initials
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 (1)(b) of this
certification; and have not within a three -year period preceding this application had one or more
public transactions (federal, state, or local) terminated for cause or default; and
d. 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.
57. Will comply with requirements to acknowledge 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.
58. Will comply with requirements that publications or other exercise of copyright for any work first produced
under federal financial assistance awards hereto related unless the work includes any information that is
otherwise controlled by the government (e.g., classified information or other information subject to national
security or export control laws or regulations). For any scientific, technical, or other copyright work based
on or containing data first produced under this award, including those works published in academic,
technical or professional journals, symposia proceedings, or similar works, the recipient grants the
government a.royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies,
perform, disseminate, or prepare derivative works, and to authorize others to do so, for government
purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17
U.S.C. § 401 or 402 and an acknowledgement of government sponsorship (including award number) to any
work first produced under an award.
59. Will obtain, via Cal OES, the prior approval from DHS on any use of 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.
60. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S.
Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to
the extent that such service is available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General
Decision B138942.
61. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),
which requires that all organizations receiving grants from any federal agency agree to maintain a drug -free
workplace. The Recipient must notify the awarding office if an employee of the recipient is convicted of
violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment.
These regulations are codified at 2 CFR 3001.
62. Will comply with the requirements of the government -wide award term which implements § 106(g) of the.
Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part
175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72,
No. 218, November 13, 2007. In accordance with Section 106(8) of the TVPA, as amended, requires the
agency to include a condition that authorizes the agency to terminate the award, without penalty, if the
Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that
the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or
uses forced labor in the performance of the award or subawards under the award. Full text of the award term
is provided at 2 CFR § 175.15.
63. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons
with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes
......... .... .__ _.__._ ......_...discrimination.on the. basis_of limited- English.proficiency.(LEP). To ensure-compliance -with-Title-V-1, --
Page 9 Initials
Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs.
Meaningful access may entail providing language assistance services, including oral and written translation,
where necessary. Recipients are encouraged to consider the need for language services for LEP persons
served or encountered both in developing budgets and in conducting programs and activities. For assistance
and information regarding LEP obligations, go to htt : / /www.le . ov.
64. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides
for the protection and enhancement of the quality of the nation's air resources to promote public health and
welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's
waters is considered research for other purposes.
65. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in
DHS Management Directive 026 -04, Protection of Human Subjects, prior to implementing any work with
human subjects. The regulations specify additional protections for research involving human fetuses,
pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of
autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part
46.
66. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42
U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the
environment, including protection against natural disasters. To comply with NEPA for its grant- supported
activities, DHS requires the environmental aspects of construction grants (and certain non - construction
projects as specified by the Component and awarding office) to be reviewed and evaluated before final
action on the application.
67. Will comply with the requirements of § 1306(c) of the National Flood Insurance Act, as amended, which
provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a
,structure insured under the Act that is located along the shore of a lake or other body of water and that is
certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence
as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels. These regulations are codified at 44 CFR Part 63.
68. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U:S.C. §
4001 et seq.), which provides that no federal financial assistance to acquire, modernize, or construct
property may be provided in identified flood -prone communities in the United States, unless the community
participates in the National Flood Insurance Program and flood insurance is purchased within one year of
the identification. The flood insurance purchase requirement applies to both public and private applicants
for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal
Register by FEMA.
69. Will comply with the requirements of Executive Order 11990, which provides that federally funded
construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive
Order provides that, in furtherance of § 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), federal agencies, to
the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands
unless the head of the agency finds that there is no practicable alternative to such construction, and that the
proposed action includes all practicable measures to minimize harm to wetlands that may result from such
use. In malting this finding, the head of the agency may take into account economic, environmental, and
other pertinent factors. The public disclosure requirement described above also pertains to early public
review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9.
70. Will comply with the 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 -175e. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin,
or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic; protective,
Page 10 Initials
bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified
materials. "Restricted . persons," as defined by the act, may not possess, ship, transport, or receive any
biological agent or toxin that is listed as a select agent.
71. Understands the reporting of subawards and executive compensation rules, including. first tier subawards to
Cal OES.
a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report
each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as
defined in § 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
b. Where and when to report: you must report on each obligating action described in the following
paragraphs to Cal OES. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example, if the obligation was made on
November 7, 2011, the obligation must be reported by no later than December 31, 2011.)
a. What to report: You must report the information about each obligating action that the submission
instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to
the compensation information, see the U.S. Security and Exchange Commission total compensation
filings at http: / /www.see.gov /answers /execomp.htm. Subgrantees must report subrecipient executive
total compensation to Cal OES by the end of the month following the month during which you make .
the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all
sources, under $300,000, you are exempt from the requirements to report on subawards, and the total
compensation of the five most highly compensated executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each
of your five most highly compensated executives for the preceding completed fiscal year, if
L the total federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues
from federal procurement contracts (and subcontracts) and federal financial assistance
subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
$25,000,000 or more in annual gross revenues from federal procurement contracts (and
subcontracts) and federal financial assistance subject to the Transparency Act, as defined at
2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S'. Security
and Exchange Commission total compensation filings at
http://,,vww.sec.gov/answers/execomp.htm.)
iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier
subrecipient under this award, you shall report the names and total compensation of each of
the subrecipienes five most highly compensated executives for the subrecipient's preceding
completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient
received 80 percent or more of its annual gross revenues from federal procurement.
contracts (and subcontracts) and federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320 (and subawards); and $23,000,000 or more in annual
gross revenues from federal procurement contracts (and subcontracts), and federal financial
assistance subject to the Transparency Act (and subawards); and the public does not have
access to information about the compensation of the executives through periodic reports
filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or § 6104 of the Internal Revenue Code of 1986.
72. Understands that failure to comply with any of the above assurances may result in suspension, termination,
or reduction of grant funds.
4Z
Page 11 Initials
The undersigned represents that he /she is authorized by the above named Applicant to enter into this agreement
for and on behalf of the said nt--,
Signature of Authorized Agent:
Printed Name of Authorized Agent: V t V J MG
Title:_ 1�`t�t1(,S -V Date:
. Page 12
Exhibit C
Performance Report
FISCAL YEAR 2013 Homeland Security Grant Program
Reporting City:
Performance Period: from to
(see Agreement with County for Performance Period Report due date)
Mailing Instructions: Please complete the performance report and return it by the appropriate due
date as indicated: (see Agreement with County for Performance Period Report due dates)
Santa Clara County Office of Emergency Services
Attention: Deborah Hinton
55 West Younger Ave, Suite 450
San Jose CA, 95110
Questions regarding the completion of this performance report should be directed to Santa Clara
County Office of Emergency Services (408) 808 - 7811. Questions can also be sent via email to
Michelle .Sandovala- oes.sccgov.ora. Reports can be faxed to (408)294 -4689, with a hard copy of
the report mailed to the above address..
Part I —City Contact Information
Authorized person who is responsible for completing this form:
f><FTT
Title
Mailing
Address
Phone
e -mail
Fax
Part H— Project Activities
Directions: Complete the following items to reflect activities completed in your city during this
reporting period.
1. Project Title:
2. Please explain the actions /processes being taken and estimated completion date.
Part ill — Signature of Preparer
I certify that I have prepared this report with the most timely and accurate information available.
Signature: Date:
Printed Name: Title: