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HomeMy WebLinkAboutSanta Clara County - 2015 Homeland Security Grant FundsAGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF GILROY GRANTING PROGRAM FUNDS FOR THE 2015 HOMELAND SECURITY GRANT PROGRAM FUNDS THIS AGREEMENT is made effective September 1, 2015, by and between the County of Santa Clara ( "County") and the City of Gilroy ( "City") for the allocation and distribution of 2015 State Homeland Security Grant Program funds. RECITALS WHEREAS, the 2015 State Homeland Security Grant Program (SHSGP, CFDA #97.067) 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, and management and administration of the grant. In addition, SHSGP supports the implementation of the National Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response Network (NRF); WHEREAS, the State of California ( "State ") has designated the County 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), comprised of one County Public Health Officer, County Fire Chief, Municipal Fire Chief, County Sheriff, and Chief of Police, has been appointed for the purpose of approving the distribution of SHSGP funds at the Operational Area level; WHEREAS, on September 1, 2015 the California Office of Emergency Services ( "Cal OES ") awarded the County 2015 SHSGP funds in the amount of $1,978,074. The allocation of the SHSGP funds will be determined by the County Approval Authority in accordance with the grant guidelines. NOW, THEREFORE, the County and City agree as follows: THE AGREEMENT Article I. Definitions 1. Specific Terms (a) "Burdened Labor Rate" shall mean the labor rate including benefits, taxes and other deductions from an employee's paycheck. This rate does not include vacation benefits. The hourly burdened labor rate is used to calculate City's match obligation. (b) "City" shall mean the City of Gilroy, its officers, board members, employees, and agents. (c) "County" shall mean the County of Santa Clara, its officers, board members, employees, and agents. 2015 SHSGP MOU Gilroy (d) "SHSGP funds" or "SHSGP funding" shall mean the funding City receives under this Agreement. (e) "Federal Program Guidance" shall mean guidance documents issued by the Federal Emergency Management Agency, including the SHSGP Program Funding Opportunity Announcement, for Fiscal Year 2015. (f) "Grant Certifications and Assurances" shall mean the FY15 SHSGP Agreement Articles, Assurances, Certifications, Terms, and Conditions (g) "Highly Compensated Individual" shall mean an individual whose income is $300,000 or more per year. (h) "Prime Recipient" shall refer to County. (i) "State Guidance" shall mean the California Supplement to the Federal Program Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2015. 0) "Sub- Recipient" shall refer to City. 2. References to This Agreement Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices, schedules, and attachments to this Agreement; (c) all statutes, ordinances, regulations, rules, or other documents incorporated by reference into this Agreement; (d) all amendments, modifications, or supplements to this Agreement. Article II. Payment 1. Payment Eligibility Unless otherwise approved in advance by the County Office of Emergency Services (OES) Grants Administrator (hereinafter "grants administrator"), only an actual cash disbursement by the City for a claimed expense shall be 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 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 2015 SHSGP MOU Gilroy 2 County, the City is to procure its own equipment, performance milestone dates will apply (refer to Article II, Section 3 (a)). The County may reallocate SHSGP funds as specified in Article II, section 4 of this Agreement. County does not guarantee a minimum payment to the City. Funds in the amount of $246,785 have been set aside for the training and exercise programs from the SHSGP grant to be allocated during the term of this Agreement. OES will allocate training and exercise funds to agencies as determined by the Training/Exercise Advisory Group. Authorized personnel budgets are allowable within the Sheriff's Office, County OES, Central Fire, and 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 OES. Based on the preference of the Department/Agency, reimbursement requests may be requested on a monthly or quarterly basis. For County Departments, reimbursements 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 funds and the priorities established by the County Approval Authority, the maximum amount of SHSGP funds payable by the County to the City under this Agreement must not exceed the total amount of the 2015 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 preparedness for acts of terrorism and other catastrophic events within the Operational Area, the City agrees that the County Approval Authority may reallocate funds under this Agreement to the City or to another applicant if the County determines that a City is unable to utilize the amount allocated under this Agreement. The 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. The 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 the 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. Article III. Requests for Reimbursement and Reimbursements 1. Required Documentation for Reimbursement The SHSGP is a reimbursement grant under which Cal OES disburses reimbursement funds to County, and County disburses reimbursement funds to City. No cash advances are permitted under the SHSGP program. 2015 SHSGP MOU Gilroy 3 (a) Requests for Equipment The following documentation is required for all reimbursement requests for equipment: • Quote or solicitation documents • Summary of pricing and chosen vendor • Documentation that vendor is not on the excluded parties list (https: / /www.epls.goyo (a print -out of the search result page will suffice) • Purchase order and/or contract • Receiving documentation/packing slip • Invoice • Proof of payment All equipment must be approved by the County Approval Authority and must be authorized per the web -based Authorized Equipment List on the Responder Knowledge Base, which is sponsored by Grants & Training and the National Memorial Institute for the Prevention of Terrorism at https: / /www.rkb.us /. (Contact the Grant Manager for a current Authorized Equipment List.) (b) Subcontracts If City awards subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit D, within 30 days of the award. The following information must be included in City's report on any sub - award exceeding $25,000: 2015 SHSGP MOU Gilroy • Name of entity receiving award; • Amount of award; • Funding agency; • Catalog of Federal Domestic Assistance program number; • Award title (descriptive of the purpose of the funding action); • Location of the receiving entity and primary location of performance including city, state, and federal Congressional district; • Dun & Bradstreet (D &B) DUNS Number of the receiving entity, and of its parent if applicable; and • Total compensation and names of receiving entity's five most highly compensated executives if: • In the preceding fiscal year, the subcontractor received 80 percent or more, and $25,000,000 or more, of its gross annual revenue from federal procurement contracts or subcontracts or from federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.230; and • The public does not have access to information about the compensation of the El executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m(a), 78o(d), or under section 6104 of the Internal Revenue Code of 1986. o City must report subcontractor executive compensation by the end of the month following the month in which it makes the sub - award. For example, if the sub - award is obligated in any date in April 2015, City must report any required compensation information by May 31, 2015. Classified information that, in the interest of national unauthorized disclosure (i.e., information deemed Top Executive Order 12958) is exempt from the Prime and as are contracts with individuals. (c) Sole Source Contracts security, requires protection against Secret, Secret, or Confidential under Sub - Recipient reporting requirements, Sole source contracts of $150,000 or more are not allowable under the SHSGP program unless first approved by Cal OES. City must obtain sole source request documentation and submit it to the Grants Manager of County's OES. Upon City's completion and submission of the required sole source documentation, County's Grants Manager shall forward all sole source documents to the appropriate Cal OES contact for review and approval. Only after Cal OES approval is given can a sole source procurement be completed and expenditures reimbursed using SHSGP allocated funds. Sole source requests below the $150,000 threshold must follow City's own procurement policies. (d) Other Requests The following documentation is required for all reimbursement requests for contractors: • Quote or solicitation documents • Executive summary of how contractor was chosen • Documentation that vendor is not on the excluded parties list (https: / /www.el)ls.govn (a print -out of the search result page will suffice) • Purchase order and/or contract • Invoice showing deliverables and milestones completed • Proof of payment • Financial Disclosure Form (Exhibit D) if awarded contract exceeds $25,000 The following documentation is required for reimbursement of Salaries: • Functional timesheet • Description of scope of job which includes Homeland Security - related functions • Burdened Labor Rate • Payroll reports showing amount paid for each pay period being claimed The following documentation is required for reimbursement for Training activities: • Class syllabus • Class sign -in sheet 2015 SHSGP MOU Gilroy • Instructor /consultant contract documents • Instructor's invoice • Proof of payment 2. Submission of Requests for Reimbursement (a) City shall submit reimbursement requests to County's OES (see Article V.1 below) on a quarterly basis. Unless pre - approved by County's OES Director or designee, all reimbursement requests shall be due fifteen calendar days after the end of the quarter, with the exception of the final expenditure and/or invoice, as indicated below. Any expenditure during the final period identified in the chart below shall be made by April 15, 2018, and any related invoice shall be submitted by April 30, 2018, unless otherwise pre- approved by County's OES Director or designee, in order to meet 2015 SHSGP deadlines. (b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after April 30, 2018. Article IV. Use of Funds 1. Master Grant Obligations (a) City shall comply with the SHSGP Federal Program Guidance, the State Guidance, and the Grant Certifications and Assurances, attached as Exhibit B. City shall require any sub - grantee, contractor, or other entity receiving SHSGP funds through or from City to execute a copy of the Grant Certifications and Assurances, and shall be responsible for ensuring that sub - grantee, contractor, or other entity complies with the Grant Certifications and Assurances. (b) City shall comply with all other applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; and any other conditions imposed by Cal OES or by this Agreement, provided that if any provisions of this Agreement conflict with any State requirements, the State requirements will control. City shall ensure that any sub - grantee, contractor, or other entity receiving SHSGP funds through or from City complies with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award;; and any other conditions imposed by Cal OES or by this Agreement. (c) The City shall establish and maintain administrative, programmatic and fiscal management records in accordance with federal and state requirements, and: 2015 SHSGP MOU Gilroy i. 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 13.20, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part II, Chapter 3. 31 ii. The County shall provide and affix equipment tracking numbers for all equipment purchased through its procurement process. Using the County - issued tracking number, City /Town shall maintain an equipment tracking ledger that tracks the equipment within the 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) By executing this Agreement, City certifies that it is not debarred, suspended, or otherwise ineligible to receive SHSGP funds. In addition, City shall ensure and independently verify that any sub - grantee, contractor, or other entity receiving SHSGP funds through or from City 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, and is not debarred, suspended, or otherwise excluded from participation in the SHSGP program. City shall maintain documentary proof of this verification in its files. 2. Scope 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 shall provide a detailed description of the approved project to be attached hereto and incorporated by reference herein. (b) The City shall use the funds granted under this Agreement in a manner consistent with: i. The applications submitted by the County to the State for the grant under this Agreement; ii. The grant guidelines issued by the State for the grant under this Agreement; and iii. The notifications issued by the State of the approval of the grant under this Agreement (c) The documents described in Exhibit B 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 City hereby acknowledges. that it has received a copy of the State Grant Requirements. (d) City shall use the funds granted under this Agreement only for the purpose of implementing applicable initiatives under the 2015 SHSGP program, as indicated in Exhibit A, "SHSGP Project Funding ". City shall not use the funds granted under this Agreement for any other purpose. County shall not be required to disburse funds to or otherwise pay City for services, materials, equipment, or supplies provided by City that are beyond the scope of the services, materials, equipment, or supplies agreed upon in this Agreement or a lawfully executed written amendment. 2015 SHSGP MOU Gilroy VA 3. Performance and Reporting Requirements (a) Performance reports indicating the status of outstanding projects are due to the County Grants Administrator identified in Article VII, Section I as follows: (b) The following dates represent the Grant Performance Period for the SHSGP program: • Performance Period 1 (September 1, 2015 - November 30, 2015) - due by December 15, 2015 • Performance Period 2 (December 1, 2015 - February 29, 2016) - due by March 15, 2016 • Performance Period 3 (March 1, 2016 - May 31, 2016) - due by June 15, 2016 • Performance Period 4 (June 1, 2016 - August 31, 2016) - due by September 15, 2016 • Performance Period 5 (September 1, 2016 - November 31, 2016) - due by December 15, 2016 • Performance Period 6 (December 1, 2016 - February 28, 2017) - due by January 15, 2017 • Performance Period 7 (March 1, 2017 - May 31, 2017) - due by June 15, 2017 • Performance Period 8 (June 1, 2017 - August 31, 2017) - due by September 15, 2017 • Performance Period 9 (September 1, 2017 - November 30, 2017) - due by December 15, 2017 • Performance Period 10 (December 1, 2017 - February 28, 2018) - due by March 15, 2018 • Performance Period 11 (March 1, 2018 - May 31, 2018) due by April 15, 2018 (c) 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. (d) Payments made by the County to the City are conditioned upon the timely receipt of applicable, accurate and complete reports, including supporting document, to be submitted by the City. (e) The City will notify the County representative identified in Article VII, Section I, within 15 days, when the City has completed all performance obligations for these grants. (f) City will provide single audit reports to the County by July 31 sc of each fiscal year. Article V. Term and Termination 1. Term of Agreement This Agreement is effective from September 1, 2015 through May 31, 2018. 2015 SHSGP MOU Gilroy 2. Availability of Funds (a) The parties acknowledge and agree that this Agreement is dependent upon the availability of county, regional, State and/or federal funding. (b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient funding by County for the products and services covered by this Agreement. If funding is reduced or eliminated by County for the products or services covered by this Agreement, County has the option to either terminate this Agreement with no liability occurring to County or to offer an amendment to this Agreement indicating the reduced amount. (c) The obligations of County to make payments in accordance with the provisions of this Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or change in allocation or allotment in funding to County from federal, State or other regional funding sources. 4. Termination (a) Termination for Convenience. County shall have the option, in its sole discretion, to terminate this Agreement at any time without cause upon written notice to City. The written notice shall specify the date on which termination shall become effective, which shall be no less than seven (7) days from the date of the notice. (b) Termination for Cause. Either party may terminate this Agreement for cause upon written notice to the other party. The written notice shall specify the date on which termination shall become effective, which shall be no less than thirty (30) days from the date of the notice. Termination for cause includes, but is not limited to, a material breach of this Agreement, a violation of any applicable laws, or failure to comply with applicable EMPG guidelines. (c) Opportunity to Cure. In the event of termination for material breach of this Agreement, the non - breaching party shall give written notice of the breach to the breaching party, specifying the breach/cause. The breaching party shall not be deemed in default and the non - breaching party shall 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 breaching party's receipt of the 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 its cure, correction or remedy within the thirty (30) day period and diligently and continuously pursues that cure, correction or remedy. (d) If this Agreement is terminated, City shall return EMPG funding in accordance with EMPG program guidelines. Article VI. Indemnification and Liabilities 2015 SHSGP MOU Gilroy 9 1. Indemnification by City In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed between the parties under Government Code section 895.6, County and City agree instead that under Government Code section 895.4, City shall fully indemnify and hold County, its 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 City, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. This indemnity shall include, without limitation, reasonable attorneys' fees, consultants and experts and related costs, and County's cost of investigating any claim. 2. Duty to Defend City acknowledges and agrees that its obligation to defend County under Article V.1: (a) is an immediate obligation, independent of its other obligations under this Agreement; and (b) applies to any claim, expense, cost, damage, or liability falling within the scope of Article V.1, regardless of whether the allegations made in connection with that claim, expense, cost, damage, or liability may be groundless, false, or fraudulent. County shall provide City with prompt notice of any claim, expense, cost, damage, or liability under Article V.1 and City shall have the right to defend, settle, or compromise that claim, expense, cost, damage, or liability, provided, however, that County shall have the right to retain its own counsel at City's expense if representation of County by counsel retained by City would result in a conflict of interest, and that City shall obtain County's prior written consent to settle or compromise if City contends that County shares in any liability. County's failure to notify City promptly of any claim, expense, cost, damage, or liability shall not relieve City of liability to County under Article V.1 unless that failure materially impairs City's ability to defend against the claim, expense, cost, damage, or liability. 3. Limitation on Liability County, its officers, board members, employees, and agents shall not be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. County's obligations under this Agreement shall be limited to the aggregate amount of EMPG funds actually disbursed. Notwithstanding any other provision in this Agreement or any other document or communication between County and City relating to this Agreement, in no event shall County be liable for any damages arising out of or in connection with this Agreement, the EMPG funds, City's Spend Plan, or any activities performed in connection with this Agreement. Article VII. Miscellaneous 2015 SHSGP MOU Gilroy 10 1. Notice All notices required by this Agreement shall be deemed given when provided in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing: To City: Captain Roy Shackel, OES Coordinator City of Gilroy 7070 Chestnut Street Gilroy, CA 95020 - 6610 To County: Michelle Sandoval Grant and Administrative Services Manager County of Santa Clara Office of Emergency Services 55 W. Younger Ave., Suite 450 San Jose, CA 95110 2. Compliance and Nondiscrimination The parties shall 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 shall not discriminate against any subcontractor, employee, or applicant for employment 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 in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall 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- Smoking Policy City and its employees, agents and subcontractors shall comply with 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 County is the sole occupant, and (3) in all County vehicles. 4. Food and Beverage Standards 2015 SHSGP MOU Gilroy 11 Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by City 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, City 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 City 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. 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, for which sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored 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 shall 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. 2015 SHSGP MOU Gilroy 12 9. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 10. Severabiiity If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall 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. 11. Waiver No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated. 12. Conflict of Interest In accepting this Agreement, City covenants that is presently has no interest and shall 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. Wage Theft Prevention (1) Compliance with Wage and Hour Laws: City, and any contractor or subcontractor it employs to complete work under this Agreement, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance. (2) Final Judgments, Decisions, and Orders: For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, a local enforcement agency, or any other government entity tasked with the investigation and enforcement of wage and hour laws. (3) Prior Judgments against City, Contractor and/or its Subcontractors: BY SIGNING THIS AGREEMENT, CITY AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS, OR ORDERS FROM A COURT OR INVESTIGATORY GOVENMNET AGENCY FINDING — IN THE FIVE YEARS PRIOR TO EXECUTING THIS AGREEMENT — THAT CITY, ITS CONTRACTOR(S) OR SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CITY FURTHER AFFIRMS THAT IT, ITS CONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH — OR HAS REACHED AGREEMENT WITH THE COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY — ANY SUCH JUDGMENTS, DECISIONS, OR ORDERS. (4) Judgments During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency 2015 SHSGP MOU Gilroy 13 issues a final judgment, decision, or order finding the that City, a contractor or any subcontractor City employs to perform work under this Agreement has violated any applicable wage and hour law, or City learns of such a judgment, decision, or order that was not previously disclosed, City must inform the Office of the County Executive — Office of Countywide Contracting Management (OCCM), no more than 15 days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. City and its contractor(s) and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the County Executive — OCCM with documentary evidence of compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. The County reserves the right to require City to enter into an agreement with the County regarding the manner in which any such final judgment, decision, or order will be satisfied. (5) County's Right to Withhold Payment: Where City or any contractor or subcontractor City employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the County reserves the right to withhold payments to City until such judgment, decision, or order has been satisfied in full. (6) Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for termination of this Agreement and/or any other remedies available under this Agreement and/or law. (7) Notice to County Related to Wage Theft Prevention: Notice provided to the Office of the County Executive as required under this Section shall be addressed to: Office of the County Executive — OCCM; 70 West Hedding Street; East Wing, 11th Floor; San Jose, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. 14. Certified Resolution of Signature Authority Upon request of County, City shall deliver to County a copy of the resolution(s) authorizing 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 Deputy County Executive Approved as to Form and Legality: Kavita N yan Deputy County Counsel 2015 SHSGP MOU Gilroy CITY OF GILROY BY yi7 1.16 Date Gabriel Gonzalez Date City Administrator or designee Approved as to Form and Legality: d Date �41ity Attorney Date ATTEST: 14 k 1v►+r`,�n'1 Enclosures Exhibit A 2015 SHSGP Project Funding Exhibit B Grant Certifications and Assurances Exhibit C Report Template Exhibit D Financial Report 2015 SHSGP MOU Gilroy 15 APPROVED FY15 Homeland Security Grant Program Project Requests E c Q 4 Funding Requested o Agency /Contact Info Category Project Description Amount Priority Allocated Amount Comments Office of Emergency Services Michelle Sandoval 1/2 time salary cost for Management & Staffing/ (408) 808 -7811 M /A/ Administration of Homeland Security 1 M&A michelle .sandoval @oes.sccgov.org Planning Grant Program $ 98,203.00 $98,203.00 Office of Emergency Services Michelle Sandoval Staffing/ (408) 808 -7811 MIA/ 1.0 FTE SHSGP Training and Exercise 2 M&A michelle .sandoval @oes.sccgov.org Planning Coordinator $ 160,000.00 $160,000.00 Santa Clara County Operational Area Lieutenant Vinicio Mata (408) 730 -7198 3 EMG vmata @sunnyvale.ca.gov Planning Emergency Volunteer Center Project $ 138,000.00 _$4_0,0_0.0.00 CADRE Lynn Brown (650) 903 -6825 4 EMG lynn.brown @mountainview.gov Planning CADRE Project $ 131,000.00 $52,000.00 EMS John Montes, CMTF Coordinator Staffing/ (408) 792 -1355 7 EMS john montes @phd.sccgov.org Planning CMTF Position for EMS $ 170,000.00 $170,000.00 EMS John Montes, CMTF Coordinator (408) 792 -1355 Public Health Multi- Purpose Tent 8 EMS john.montes @phd.sccgov.org Equipment System $ 120,000.00 $60,000.00 Santa Clara County Fire Douglas Young, Battalion Chief Staffing/ (408) 378 -4010 10 Fire doug.young @sccfd.org Planning CMTF Position for Fire $ 227,494.00 $227,49. 4.00 This project was placed below San Jose Fire the line in second priority. Robert Culbertson, Once the training budget is Division Chief Bureau of Field made whole to $150,000, any Operations additional grant funding will be (831) 706 -0807 Level BIC Hazmat Suits - Personal applied to this project up to 11 Fire robert.culbertson(a)sanioseca . oov Equipment Protective Equipment (.PPE) $ 75.000.00 $0.00 $37,500. E d Info APPROVED FY15 Homeland Security Grant Program Project Requests FundingI I Requested Category Project Description Amount Equipment Flood Rescue Boats with Motors $ 30,970.00 Equipment Ballistic Protection $ 894,795.00 Planning CMTF Position for Law Enforcement $ 204,107.00 Equipment SVRCS Stage 6 $ 845,250.00 Training Training for all disciplines $ 175,000.00 Urban Shield Exercise funding for Law Exercise Enforcement and Fire disciplines $ 175,000.00 Priority Allocated Amount I $15,485.00 $204,000.00 $204,107.00 $500,000.00 _ $124,562.00; $122,22100 $ 3,444,819.00 1,978,074.00 Comments San Jose Fire Joseph Crivello, Battalion Chief /USAR Program Mgr (408) 277 -8802 13 Fire joseph.crivello @sanjoseca.gov Santa Clara County Fire Douglas Young, Battalion Chief (408) 378 -4010 15 Fire doug.young@sccfd.org Sheriffs Office Ezra Hunter, Sergeant Staffing/ (408) 808 -4776 16 Law ezra.hunter@shedff.sccgov.org Santa Clara County Communications for SVRIA Bert Hildebrand, Director Co Comm (408) 977 -3205 17 Law bert hldebrand@911.sccgov.org Fire /Law/ Public Health/ 18 EMG Various 19 Law Various APPROVED FY15 Homeland Security Grant Program Project Requests FundingI I Requested Category Project Description Amount Equipment Flood Rescue Boats with Motors $ 30,970.00 Equipment Ballistic Protection $ 894,795.00 Planning CMTF Position for Law Enforcement $ 204,107.00 Equipment SVRCS Stage 6 $ 845,250.00 Training Training for all disciplines $ 175,000.00 Urban Shield Exercise funding for Law Exercise Enforcement and Fire disciplines $ 175,000.00 Priority Allocated Amount I $15,485.00 $204,000.00 $204,107.00 $500,000.00 _ $124,562.00; $122,22100 $ 3,444,819.00 1,978,074.00 Comments " Cat OES O EMERGENCY OFFICE OF EMERGENCY SERVICES Standard Assurances For All Cal OES Federal Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in updates issued by the Office of Management and Budget (OMB) on http: / /www.whitehouse.gov /omb /. Significant state and federal grant award requirements (some of which appear in the documents listed above) are called out below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board or authorized body agree: (a) To provide all matching funds required for said project and that any cash match will be appropriated as required. (b) That any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board or authorized body. (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body. (d) That the official executing this agreement is, in fact, authorized to do so. Homeland Security Grant Program - 2015 Grant Assurances Page 1 of 10 Initia This Proof of Authority must be maintained on file and readily available upon demand. 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and § §7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Finally, the Applicant agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the Federal awarding agency. 4. Debarment and Suspension As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. The Applicant certifies that it and its principals: Homeland Security Grant Program - 2015 Grant Assurances Page 2 of 10 Initia� C/ (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non - Discrimination and Equal Employment Opportunity The Applicant will comply with all Federal statutes relating to non - discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88 -352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42 U.S.C. 12101, et seq.); (e) Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (f) Drug Abuse Office and Treatment Act of 1972) (P.L. 92 -255), as amended (P.L. 96 -181), relating to nondiscrimination on the basis of Treatment or recovery from drug abuse; (g) 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 amended, relating to nondiscrimination in the sale, rental or financing of housing; Homeland Security Grant Program - 2015 Grant Assurances Page 3 of 1 Initial (j) EO 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin; (k) EO 11375, which bans discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors; (1) California Public Contract Code §10295.3, which addresses discrimination based on domestic partnerships; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code sections 12940, 12945, 12945.2) and /or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant certifies that it will or will continue to provide a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with State and Federal environmental standards which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code § §21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § §15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. (d) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Orders (EO) on the Environmental Justice Act (EO 12898) and Environmental Quality (EO 11514); (e) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to EO 11738; (f) Protection of wetlands pursuant to EO 11990; Homeland Security Grant Program - 2015 Grant Assurances Page 4 of 0 Initial (g) Evaluation of flood hazards in floodplains in accordance with EO 11988; (h) 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.); (i) 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.); (j) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); (k) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205); (1) 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. Finally, the Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to §13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) finally determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in Federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of Homeland Security Grant Program - 2015 Grant Assurances Page 5 of 0 Initial subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non - Federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C. §6101 et seq. 13. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. 14. Labor Standards The Applicant will comply with the following federal labor standards: (a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), as applicable, and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally- assisted construction contracts or subcontracts. (b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non - profit organizations. 15. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured against liability for Worker's Compensation before commencing performance of the work of this Agreement, as per California Labor Code §3700. 16. Property - Related If applicable to the type of project funded by this Federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchase. (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires subrecipients in a special flood hazard Homeland Security Grant Program - 2015 Grant Assurances Page 6 0 10 Initials area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a -1 et seq.). (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Certifications Applicable Only to Federally- Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications. (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 18. Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities which is under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The Applicant should also consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. 19. California Public Records Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities may be subject to the California Public Records Act (California Government Code § §6250- 6276.48), which requires inspection and /or disclosure of governmental records to the public upon request, unless exempted by law. Homeland Security Grant Program - 2015 Grant Assurances Page 7 of 0 Initial HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 20. Personally Identifiable Information Subrecipients collecting Personally Identifiable Information (PII) must have a publically- available policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. 21. Disposition of Equipment When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by the Department of Homeland Security /Federal Emergency Management Agency, subrecipients must request instructions from Cal OES on proper disposition of equipment. 22. Reporting Accusations and Findings of Discrimination If, during the past three years, the subrecipient 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 subrecipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to Cal OES for reporting to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. If 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 subrecipient, or the subrecipient settles a case or matter alleging such discrimination, subrecipients must forward a copy of the complaint and findings to Cal OES for forwarding to the DHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. 23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags All subrecipients 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. All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or reproductions 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. 24. Copyright All subrecipients must 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 Federal financial assistance awards, 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). Homeland Security Grant Program - 2015 Grant Assurances Page 8 of 10 Initial 25. Energy Policy and Conservation Act All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. 26. Hotel and Motel Fire Safety Act of 1990 All subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with Section 6 of the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a. 27. Terrorist Financing E.O. 13224 All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the E.O. and laws. 28. USA Patriot Act of 2001 All subrecipients must 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 -175c. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. Homeland Security Grant Program - 2015 Grant Assurances Page 9 of 10 Initia� 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 Applicant. Signature of Authorized Age Printed Name of Authorized Agent: Title: l \ Y) i is I (% Date: Homeland Security Grant Program - 2015 Grant Assurances Page 1 Initial Exhibit C Performance Report FISCAL YEAR 2015 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: Michelle Sandoval 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.org. 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: Name Title Mailing Address Phone— E-mail Fax Part 11— 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 111— Signature of Preparer certify that I have prepared this report with the most timely and accurate information available. Signature: Date: Printed Name: Title: CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) FFATA Rnandai Dr re SubrenpAen[s may be asked to revise arWorre- submit any atered Fff x l Management Forms Wa*book • Public Law (PL) 109 -282 (Federal Funding Accountability and Transparency Act of 2006), as amended County of Santa Clara by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110 -252), 085 -00000 which Is outlined in FEMA GIRD information Bulletin No. 350. 2015 -00078 • If the subreciplent in the preceding year did not get 80% or more of its annual gross revenues from Federal Awards, pad $25M or more in annual gross revenues from Federal awards, and the public does have access to information about the compensation of the senior executives of the entity, then the subreciplent is not subiect to the FFATA Financial Disdysure requirements. • FFATA Financial Disclosure is in addition to the Authorized Body of Five page. • Cal OES enters FFATA information on behalf of the subreciplent. C FDA # HSGP 97.067 Executive Name Title Annual Salary Annual Dollar Value of Benefits Total Compensation X'Not Subiect to FFATA Financial Disclosure FMFW v1.15a - 2015