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HomeMy WebLinkAboutSanta Clara County - 2016 Emergency Management Performance Grant (EMPG)AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CI'T'Y OF GILORY GRANTING PROGRAM FUNDS FOR THE 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) THIS AGREEMENT is made effective July 1, 2016, by and between the County of Santa Clara ( "County") and the City of Gilroy ( "City ") for the allocation and distribution of 2016 Emergency Management Performance Grant ( "EMPG ") funds. RECITALS WHEREAS, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa. Clara, Saratoga, Sunnyvale, the Towns of Los Gatos, Los Altos Hills, and the County of Santa Clara, are parties to the 1994 Operational Area Interim Agreement; and WHEREAS, the Santa Clara County Emergency Operational Area Council ( "OAC ") is the advisory body of the Santa Clara Operational Area in matters affecting disaster preparedness throughout the Operational Area. OAC membership includes 5 city council members representing cities in the Operational Area as well as Santa Clara Valley Water District, County Executive, County Board of Supervisors, City Managers' Association, Police Chiefs' Association, Fire Chiefs' Association, County Public Health Department, Valley Transportation . Authority and emergency management representatives; and WHEREAS, the County Civil Protection and Emergency Services Ordinance establishes the OAC and endows the OAC with governing body authority to enhance planning and preparedness for large -scale emergencies in the Santa Clara Operational Area, including by making funding allocation decisions for EMPG funding awarded by the United States Department of Homeland Security to the California Office of Emergency Services ( "Cal OES "), and subsequently sub - awarded to County; and WHEREAS, Cal OES is expected to award County 2016 EMPG funding in the amount of $517,005 by September 2, 2016 for the purpose of sustaining and improving comprehensive emergency management programs; NOW, THEREFORE, this AGREEMENT is to allocate the sum of $12,300 from County to City, so that City may implement the "EOC Computers" and "2016 CESA Annual Training and Conference" projects as provided under this Agreement and specified in the EMPG Grant. Certifications and Assurances, Exhibit B., The performance period for County for this grant expires on June, 30, 2017. The performance period for City for the subgrant expires on March 31, 2017. 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. (d) "EMPG funds" or "EMPG 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 EMPG Program Funding Opportunity Announcement, for Fiscal Year 2016. (f) "Grant Certifications and Assurances" shall mean the FYI EMPG 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. W "Project Manager" shall refer to the City employee identified as "Requestor" on an EMPG Project Proposal form. (j) "Spend Plan" shall mean a written document that explains the project on which City intends to spend 2016 EMPG funding, including project deliverables and milestone dates by which any funds allocated to City must be spent. (k) "State Guidance" shall mean the California Supplement to the Federal Program Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2016. (1) "Subgrant" shall mean funds awarded to the City under this Agreement. (m) "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. Allocation and Spend Plans 1. Allocation. The 2016 EMPG funds shall be disbursed pursuant to the County's FY 2016 . EMPG Grant application for each City. County shall reimburse to City funds that. City expends under the 2016 EMPG program for eligible expenditures. The amount for City shall not exceed $12,300, unless additional funds become available under the 2016 EMPG program following the execution of this Agreement. If additional funds 2 are allocated, an amendment to this Agreement shall follow. City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City until County and City have fully and finally executed this Agreement. City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City unless and until the State of California has awarded County $517,005 in FY 2016 EMPG funding. 2. Spend Plans Upon execution of this agreement, City shall provide County with Spend Plans for review by County's Office of Emergency Services ( "OES ") Director or designee. All Spend Plans must be approved by County's OES Director or designee based on projects County has submitted to the State for the 2016 EMPG program. If County's OES Director does not approve City's Spend Plan, County OES shall notify City, and City shall have 10 days from the date of the notice to submit a revised Spend Plan to County OES for approval or risk reallocation of funds. City's Spend Plans are a required part of this MOU. Article III. Requests for Reimbursement and Reimbursements 1. Required Documentation for Reimbursement The EMPG 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 EMPG program. The EMPG is a matching funds grant that requires City to provide a dollar- for - dollar match for any EMPG funds it receives. All invoices/ requests for reimbursement from City must include appropriate documentation such as receipts or payment records as well as other documentation required under Federal or State grant program requirements (see Article III). (a) Requests for Equipment City is solely responsible for procuring any equipment under this Agreement in accordance with Federal requirements for procuring grant funded equipment; and, if more restrictive, applicable City procurement policies and requirements. Prior to purchasing any equipment under this Agreement, when required, City must submit an Environmental and Historic Preservation (EHP) Screening form and receive written approval from FEMA. The following documentation must be provided along with any reimbursement requests for equipment: • Quote or solicitation documents • Summary of pricing and chosen vendor • Documentation that vendor is not on the excluded parties list (lit tps: k� �N �� .cpls.uo� (a print -out of the search result page will suffice) • Purchase order and/or contract 3 Receiving documentation/packing slip Invoice • Proof of payment All equipment must be indicated in the Spend Plan City submits to County, and must be authorized per the web -based Authorized Equipment List published by FEMA and available via: hags. www.fema.gov /authorized - equipment - list. (b) Subcontracts Subcontracts totaling $25,000 or more require preapproval from the County. If City is allowed to award subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit E, within 30 days of the award. The following information must be included in City's report on any sub -award exceeding $25,000: • 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: o 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 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. • City must report subcontractor executive compensation by the end of the month following the month in which it makes the subaward. For example, if the subaward is obligated in any date in April 2016, City must report any required compensation information by May 31, 2016. Classified information that, in the interest of national security, requires protection against unauthorized disclosure (i.e., information deemed Top Secret, Secret, or Confidential under Executive Order 12958) is exempt from the Prime and Sub - Recipient reporting requirements, as are contracts with individuals. (c) Sole Source Contracts Sole source contracts of $150,000 or more are not allowable under the EMPG program unless first approved by Cal OES. City must obtain sole source request documentation and submit it to 4 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 EMPG allocated funds. All sole source procurements must follow Federal procurement requirements for grants and, if more restrictive, the City's own procurement policies. (d) Grant Funded Personnel EMPG grant- funded personnel are any personnel paid at any percentage with EMPG funding. This includes M &A staff funded by EMPG Program funds. All EMPG Program funded personnel shall complete the training requirements in Article IV, Section 2 (c) by December 31, 2016. Recorded proof of completion, such as all certificates of completion, must be submitted by the City to County (OES) before any reimbursements to the City will be made. In any case, proof of completion must be provided by December 31, 2016. Documentation of participation in exercises is also required by the grant and progress towards meeting this requirement must be reported to the grant manager at least quarterly. Time reporting requirements: To receive payments for personnel costs, City must submit time and payroll documentation that meets Federal Grant, State Grant (CalOES) and County reporting requirements. (e) 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.sain.i.yov/ 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 E) if awarded contract exceeds $25,000 2. Submission of Requests for Reimbursement (a) City shall submit reimbursement requests to County's OES (see Article V.1 below) on at least a quarterly basis, as detailed in the chart below. 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 March 15, 2017, and any related invoice shall be submitted by March 31, 2017, unless otherwise pre- approved by County's OES Director or designee, in order to meet 2016 EMPG deadlines. Reimbursement requests shall be due for expenditures during specified periods as follows: 5 For Expenditures During the Period: Due Dates for Reimbursement Requests: July 1, 2016 through December 31,2016 February 28, 2017 January 1, 2017 through March 15, 2017 March 31, 2017 (b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after the due dates for reimbursement requests for expenditures within a given quarter as specified above in Article II, Section 2(a). (c) All grant funds not claimed by City via a proper reimbursement request, which includes all required documentation, by March 31, 2017 will be forfeited. County may then determine how to spend those funds in accordance with grant requirements. Article IV. Use of Funds 1. Master Grant Obligations (a) City shall comply. with the EMPG Federal Program Guidance, the State Guidance, and the Grant Certifications and Assurances, attached as, Exhibit B. City shall require any subgrantee, contractor, or other entity receiving EMPG funds through or from City to execute a copy of the Grant Certifications and Assurances, and shall be responsible for ensuring that subgrantee, contractor, or other entity complies with the Grant Certifications and Assurances. (b) City shall ensure its Project Manager attends a grant kickoff meeting with County OES staff. Additionally, City shall ensure its Project Manager is available to meet with County OES staff upon request during the period of this agreement to report on progress on each project funded under this Agreement. (c) 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; the approved Spend Plans; 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 subgrantee, contractor, or other entity receiving EMPG 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; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement. (d) By executing this Agreement, City certifies that it is not debarred, suspended, or otherwise ineligible to receive EMPG funds. In addition, City shall ensure and independently verify that any subgrantee, contractor, or other entity receiving EMPG funds through or from City is not debarred, suspended, or otherwise excluded from participation in the EMPG program. City shall maintain documentary proof of this verification in its files. 2. Scope of Services (a) City shall use the funds granted under this Agreement only for the purpose of implementing applicable initiatives under the 2016 EMPG program, as indicated in Exhibit C, Program 6 Narrative. 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. (b) All EMPG grant- funded personnel (e.g. an Emergency Preparedness Planner employed by the City under this grant) shall participate in no less than three exercises in a 12 -month period. EMPG grant - funded personnel are any personnel paid at any percentage with EMPG funding. This includes contracted personnel, as well as M &A staff funded by EMPG grant funds. There is no specific requirement for level of "participation" in the exercises – i.e., observation and attendance satisfies the objective. The exercises can be of any type (e.g., Drills, Tabletop Exercises, or Functional) within the performance period (see his: /hsecp.dhs.gov). Participation in exercises by grant funded staff must be reported quarterly to ensure adequate progress is being made toward meeting this requirement. (c) To ensure the development of a professional emergency management workforce, all EMPG grant- funded personnel shall complete the following 11 training requirements and shall record proof of completion: • National Incident Management System (NIMS) Training. i. IS 100 Introduction to Incident Command System ii. IS 200 ICS for Single Resources and Initial Action Incident iii. IS 700 National Incident Management System, An Introduction iv. IS 800 National Response Framework, An Introduction • FEMA Professional Development Series: V. IS 120 Introduction to Exercises vi. IS 230 Fundamentals of Emergency Management vii. IS 235 Emergency Planning viii. IS 240 Leadership and Influence ix. IS 241 Decision Making and Problem Solving X. IS 242 Effective Communication xi. IS 244 Developing and Managing Volunteers The aforementioned courses are all available for free on -line at the following links: IS'XIJIS.U�PA & http:; /truinin r. /Er�tu.,��i /entitireb;PDS Note: The "G" course series and classroom -based equivalents can be used as an alternate to satisfy these training requirements. Past completion of the above courses (or qualifying equivalent) is considered acceptable in meeting this requirement. Article V. Term and Termination 1. Term of Agreement This Agreement is effective from July 1, 2016 through June 30, 2017 —the FY 2016 EMPG performance period established by the State for the County. 7 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. 3. 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 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, 0 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. E Article VII. Miscellaneous 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: Roy J. Shackel Fire Captain, OES Coordinator Gilroy Fire Department/OES Gilroy, CA 95020 To County: Ivan Williams EMPG Grant 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 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 10 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 11/o 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. 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. 11 10. Severability 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 or Living 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 GOVERNMENT 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), OR SUBCONTRACTOR(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 issues a final judgment, decision, or order finding 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 (OCM), 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 12 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 payment 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, 1 lth 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 CITY OF GILROY By t j (6 By, %% ,1 L Garry HerceU UL V Bate Date Deputy County Executive city amtnt6�VTd-%� Approved as to Form and Legality: Approved as to Form and Legality: 4��- - I Z4 kavita N-45alyan 4Date Date Deputy County Counsel ity Attorney Enclosures Exhibit A Santa Clara County EMPG Notification of Application Approval Exhibit B Grant Certifications and Assurances Exhibit C Project Narratives Exhibit D Functional Timesheet Template Exhibit E Financial Disclosure Form 13 EDMUND G. BROWN JR. GOVERNOR September 1, 2016 EXHIBIT A Cal OES" t' 00VEGNOR's aFo4CE 'Of EEdER6EfN& SitRVICES Garry Herceg Deputy County Executive Santa Clara County 70 West Hedding Street, East Wing, 11th Floor San Jose, CA 95110 SUBJECT: NOTIFICATION OF APPLICATION APPROVAL FY 16 Emergency Management Performance Grant Subaward #2016 -0010, Cal OES ID: 085 -00000 Dear Mr. Herceg: MARK S. GHILARDUCCI DIRECTOR The California Governor's Office of Emergency Services (Cal OES) has approved your application in the amount of $517,005. A copy of your approved Subaward is enclosed for your records: All payment requests must be submitted on the Financial Management Forms Workbook, In addition, expenditures can only be made for items listed on your approved Subaward. Any activities requiring an Environmental and Historic Preservation (EHP) review and approval are prohibited from expending Subaward on those activities until an EHP clearance has been obtained. Failure to adhere to this requirement will result in the deobligation of Subaward funds. . This Subaward is subject to all policies and provisions of the Single Audit Act of 1984 and the Singie Audit Act Amendments of 1996. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES. Quarterly reports must be prepared and submitted to Cal OES for the duration of the performance period or until all activities are completed and the Subaward is formally closed. Failure to submit quarterly reports could result in grant reduction, suspension or termination. If you have any questions regarding this letter, please contact the Grants Processing Unit at (916) 845 -8423. Grants Processing Unit Enclosure c: EMPG Coordinator Coastal Region Subrecipierrt file 3650 SCHRIEVER AVENUE s MATHER, CA 95655 CRIMINAL JUSTICE /EMERGENCY MANAGEMENT /VICTIM SERVICES GRANTS PROCESSING UNIT (916) 845 -8423 o (916) 636 -3770 73 Ln'.5 i! ; EXHIBIT B Cat OES GOVERNOR'S 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 set forth in Title 2, Part 200 of the Code of Federal Regulations (CFR) and updates are issued by the Office of Management and Budget (OMB) and can be found at hftp://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth 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 the grant project and that any cash match will be appropriated as required. (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body. (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body. (d) The official executing this agreement is, in fact, authorized to do so. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 1 o Initials This Proof of Authority must be maintained on file and readily available upon request. 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 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, Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 2 Initial 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: (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, (20 U.S.C. §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (42 U.S.C. §§ 12101 - 12213.) (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101 - 6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd -2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing; Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 3 of 1 Initial (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (1) 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 ancestry, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code § §12940, 12945, 12945.2), military and veteran status, and /or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug -free workplace and a drug -free awareness program as outlined in the Act. 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) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 4 of Initials �0_�j (e) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190); Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low- income populations with the goal of achieving environmental protection for all communities; (f) Executive Order 11514 which sets forth national environmental standards. (g) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order EO 11990 which requires preservation of wetlands; (h) The Safe Drinking Water Act of 1974, (P.L. 93 -523); (i) The Endangered Species Act of 1973, (P.L. 93 -205); (j) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 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. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 5 of Initial 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109 -282), specifically (a) the reporting of subawards obligating $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 for 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. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) 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. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job before commencing performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property - Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and 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. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 6 of Initial (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 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. 18. Certifications Applicable Only to Federally- Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications. (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Rights Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 7 of Initials! EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl @hq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. In the event any court or administrative agency makes a finding of discrimination 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 financial assistance office and the CRCL office by e -mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 21. Acknowledgment of Federal Funding from DHS and Use of DHS Seal, Logo, and Flags All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 22. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically- available privacy policy that describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 8 of Initials j!�� 24. Copyright All recipients 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. 25. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 26. Federal Debt Status All recipients are required to be non - delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A -129. 27. Fly America Act of 1974 All Applicants must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. 28. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 29. Non - supplanting Requirement All Applicants who receive awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non - federal sources. 30. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh -Dole Act, Pub. L. No. 96 -517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 31. SAFECOM All Applicants who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 9 of Initial Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 32. Terrorist Financing All Applicants must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. 33. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this federal award, the Applicant must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. 34. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c. 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. All recipients are bound the Department of Homeland Security Standard Terms and Conditions 2016, Version 6.0, hereby incorporated by reference, which can be found at: https: / /www.dhs.gov/ sites /default/files/ publications /Fiscal %20Year %202016 %20DHS %2OGeneral %20T erms %20and %20Conditions.pdf Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Pa 'e of 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 Applicant. Subrecipient: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Emergency Management Performance Grant Program (EMPG) - 2016 Grant Assurances Page 11 of 1 Initials EXHIBIT C PROJECT NARRATIVE 2016 CESA Annual Training and Conference This project allows Emergency Managers from across the Operational Area to attend the California Emergency Services Association (CESA) Annual Training Conference (October 3 -7, 2016). Specific topics include public information, plan writing, terrorism, California's Emergency Management Mutual Aid (EMMA) process, whole community planning, how C- PODs work, situational awareness and so on. The 2016 CESA Annual Training and Conference is October 4-7, 2016 in San Diego. Local Jurisdiction Eli ig bility for Funding To make the conference accessible for Emergency Managers across the Operational Area, up to $1,300 in EMPG funding is available per Emergency Manager. The $1,300 can only be used to pay for: • Conference Training and Registration • Airfare • Hotel It is up to each jurisdiction to pay all per diem costs. as well as any costs above the $1,300 per Emergency Manager. PROJECT NARRATIVE EOC Computers /Laptops This project will enable Operational Area emergency managers to fully leverage data communication capabilities and sharing of critical information in their EOCs. Computers support response and mitigation during emergencies and disasters via common operating picture and resource management web based programs such as Web EOC, HSIN, COPLinks, Mutualink, etc. Proposed laptops will increase the ability for first responders and emergency managers to effectively collect and provide information and data throughout the operational area and region. In addition they enhance local emergency managers' abilities to respond to and mitigate the emergency or disaster. Eligibility of Operational Area jurisdictions for this funding is based on the following criteria: Equipment criteria • Funding is primarily for laptops, not for tablets, iPads or other devices. • Written justification' must be provided if funding is requested for tablets, iPads, or any other computing devices. This written justification must identify the computing devices currently used in the City/Town EOC as well as why a non- Laptop device is required. These requests will be evaluated and approved on an individual basis. • Funding is primarily for replacement of existing EOC laptops that are at least 4 years old. • Written justification must be provided if funding is requested for additional laptop capacity (i.e. non - replacement laptops) in the City/Town EOC. This written justification must identify the specific EOC needs the additional laptop(s) would provide for as well as specifically how the laptop will be used in the EOC during an activation. These requests will be evaluated and approved on an individual basis. • Funding is limited to a maximum of $1,800 per computing device (including all peripherals, tax and shipping). Grant funds cannot be used to purchase warranties, maintenance /service agreements, or software that aren't bundled /included with the laptop. Any computing device purchased under this project must be capable of running WebEOC —e.g. able to connect to the city /town network and run the necessary browser or other software to access WebEOC. City/Town Criteria • The City/Town must email their intent to use EMPG funding for computing devices — along with the number and type (e.g. laptop) of devices and any required justifications — by October 251', 2016. • EMPG FY2016 funding is limited to a maximum of $11,000 (including peripherals, taxes and delivery). • Each City/Town must enter into an MOU with the County for the computers by December 31, 2016. • Each City/Town must procure any approved computers under an existing competitive contract OR obtain bids in accordance with local (City/Town) and Federal procurement rules (whichever is more restrictive). • Each City/Town must procure any approved computers and submit all invoices to the County Office of Emergency Services by February 15, 2017. EXHIBIT D LABOR DISTRIBUTION City /County TIME SHEET Week Ending First and Last Name Participating 7/17/16 EXAMPLE Sample City WBS # 107- GI07EM16 PROJECTS HOURS WORKED BY DAY M T I W TH F S I S M T W TH F S I S TOTAL 7/6/15 717/15 1 7/8/15 7/9/15 7/10/15 17/11/1517112/1517/13/15 7/14/15 7/15/15 7/16/15 7/17/15 17/18/1517/19/15 HOURS A - EMPG Grant Administration B -OAC Liaison 5.0 5.0 4.0 4.0 1.0 2.0 1.01 1 2.0 3.0 0.0 1.0 1.0 26.0 - -- - 1.01 1 26.0 - C -Sustaining CADRE D - Volunteer Management/ EVC E - Translated Communication Materials F - All Hazards Alert Radios G - Emergency Equipment Package EVC H - Wireless Emergency Network (WEN) I - Emergency Logistics Package C -POD J - CERT Equipment Trailers K - EOC Computers FYI EMPG Project Proposal Work Other Emergency Management Hours (Excluding Time Spent Receiving Training) Local Hazard Mitigation Planning (LHMP) Total EMPG Program Hours 5.0 5.0 4.0 4.0 3.0 0.0 1.0 Other Federal Grant Hours 4.0 4.0 0.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 36.0 Total EMPG 8 Other Federal Grant Hours 9.0 9.0 4.0 8.0 5.0 6.0 7.0 4.0 5.0 5.0 62.0 Total Work Hours (Max = 8 a day) 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 80.0 Emplo ee Signature Supervisor's Signature EXHIBIT E CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure Alterations to lhi5 document may result in delayed application aouroval, modiricahm requests, or reimbursement requests . wMCYraenrs may be asked to revise and /or re- submit any altered Financial Management Forms Workbook. County of Santa Clara • Public Law (PL) 109 -282 (Federal Funding Accountability and Transparency Act of 2006), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110 -252), which is outlined in FEMA GPD information Bulletin No. 350. • If the Subrecipient in the preceding year received 80 percent or more of its annual gross revenues in Federal Awards, and $25,000,000 or more in annual gross revenues from Federal awards, and the public does not have access to information about the compensation of the senior executives of the entity, then the Subrecipient is subject to the FFATA Financial Disclosure reguirements and It M need to fill out this form. • FFATA Financial Disclosure is In addition to the Authorized Body of Five page. • Cal OES enters FFATA information on behalf of the Subrecipient. CFDA #: EMPG 97.042 Executive Name Title Annual Salary Annual Dollar Value of Benefits Total Compensation o IM111001 •, FMFW v1.16 - 2016